HomeMy WebLinkAbout20A - AA AND AGMT WITH OCTA FOR SR-55 (2)REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 5, 2020
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT RECOGNIZING $10,000,
AUTHORIZE EXECUTION OF A
COOPERATIVE AGREEMENT WITH THE
ORANGE COUNTY TRANSPORTATION
AUTHORITY TO ACQUIRE PROPERTIES
AND EASEMENTS, REIMBURSE THE CITY
FOR PROJECT COSTS RELATED TO THE
SR-55 WIDENING PROJECT, AND
APPROVE STAFF TO PROCEED WITH A
'CONSTRUCTION MANAGER AT RISK'
DELIVERY METHOD FOR WATER
RELOCATION PROJECTS
(NON -GENERAL FUND)
/s/Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2111 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Authorize the City Manager to execute a Cooperative Agreement with the Orange County
Transportation Authority (OCTA) to acquire City properties and easements, and reimburse the
City up to $100,000 from the execution of the contract until June 30, 2025 for actual costs of
services related to the State Route 55 Improvement Project, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment recognizing $10,000 in funds from OCTA, as outlined in
the cooperative agreement for the State Route 55 Improvement Project, into the Measure M
OCTA Transitway Project Fund revenue account and appropriating the same into the Measure
M OCTA Transitway Project Fund expenditure account.
3. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to add SR-
55 Widening Project to include design funds in the amount of $10,000.
4. Authorize the City Manager to execute three utility reimbursement agreements, COSA-
1101/1103, COSA-1115, and COSA-1117, with the Orange County Transportation Authority for
water relocation project costs related to the State Route 55 widening project from the execution
of the contract until June 30, 2025, subject to non -substantive changes approved by the City
Manager and City Attorney.
20A-1
Approve Cooperative Agreements with OCTA to Acquire Properties and Easements and
Reimburse City for Project Costs Related to SR-55 Widening Project
May 5, 2020
Page 2
5. Approve the use of a `Construction Manager at Risk' Delivery Method for the associated pipeline
replacement and pressure reducing station relocation projects.
DISCUSSION
The Orange County Transportation Authority (OCTA) is the lead agency for the proposed State
Route 55 (SR-55) freeway -widening project from Interstate 405 to Interstate 5 (Exhibit 1). The
Project will add general purpose and high -occupancy vehicle lanes in each direction between 1-405
and 1-5, and will also add auxiliary lanes between interchanges to reduce traffic congestion and
improve mobility. In order to move forward with the proposed widening, OCTA needs to acquire
City properties and easements. A summary of the key provisions of the cooperative agreement that
governs the acquisitions is below.
• The term of the cooperative agreement (Exhibit 2) is from the execution of the agreement
through June 30, 2025 which is approximately the end of Project construction.
• OCTA is the funding agency and shall lead the design for the Project.
• Caltrans shall lead the construction with OCTA and City's support.
• OCTA shall lead the right-of-way effort and obtain all necessary property rights for the
Project.
• OCTA shall acquire property rights of privately -owned properties to accommodate the
relocation of the City's Pressure Regulating Station (PRS) (Exhibit 3).
• City will convey property rights needed at the City's PRS property for implementation of the
Project.
• Portions of City right-of-way along Pullman Street, Dyer Road, Warner Avenue, Ritchey
Street, and McFadden Avenue will be acquired for State Highway purposes through the
Streets and Highways Code 83 and 233 (Exhibit 4).
• City will allow a permanent easement for the undergrounding of Southern California Edison's
facilities along Pullman Street (Exhibit 5).
• OCTA shall lead the public awareness campaign.
• City's participation ensures input on City infrastructure through meetings and design
reviews, construction inspection of City -owned facilities, and overall collaboration.
• Consistent with OCTA's practice on major capital projects, OCTA agrees to compensate the
City for its participation on the Project.
• The cost of the City's participation in the Project will be covered as a Project cost following
federal guidelines.
Additionally, the City of Santa Ana's existing water infrastructure, consisting of a 16" pipeline in
Ritchey Street, 24" and 12" pipelines crossing the SR-55 freeway and a pressure regulating station
near Warner Avenue, must be relocated and reconstructed. The proposed utility relocations are
already under design with the goal of beginning construction at the beginning of 2021 to remain on
schedule with the freeway -widening work. The work involved to relocate the utilities is quite
extensive and requires obtaining easements and performing jack and bore construction techniques
below the freeway. Total project construction costs are estimated at $6,600,000.
20A-2
Approve Cooperative Agreements with OCTA to Acquire Properties and Easements and
Reimburse City for Project Costs Related to SR-55 Widening Project
May 5, 2020
Page 3
The California Department of Transportation (Caltrans) and OCTA require that an individual Utility
Agreement be executed for each identified relocation (Exhibit 6). In this case, three Utility
Agreements are required, one for Ritchey Street, one for the freeway crossing and one for the
pressure regulating station. The Utility Agreements will allow the City to recuperate all costs
associated with the relocation projects including staff and consultant time spent in planning, design
and construction phases dating back to July 27, 2018.
The proposed project relocations must be complete by December 2021 to allow the freeway
widening work to proceed on schedule. The proposed facility relocations are extensive and will
require special construction methods. In an effort to expedite project delivery time and achieve
operational efficiencies, staff is seeking approval to utilize the 'Construction Manager at Risk'
(CMAR) project delivery method. The CMAR project delivery method differs from the traditional
design -bid -build model the City typically employs for construction projects; the CMAR method
allows the City to hire a construction manager, via a competitive process, while the project is still
in the design phase. In the design phase, the selected construction manager will work with the
City's Water Resources design team to identify risks, provide cost projections, and refine the project
schedule. After selection of a construction contractor, the CMAR will provide construction planning,
phasing, and scheduling for the duration of the project. Should this method be employed, staff will
return to the City Council for approval prior to awarding a CMAR contract for the proposed water
relocation projects.
Additionally, and consistent with OCTA's practice on major capital projects, OCTA agrees to
compensate the City for its participation on the Project. The cost of the City's participation in the
Project will be covered as a Project cost following federal guidelines.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy G (develop and implement the City's Capital Improvement Program in
coordination with the Community Investment and Deferred Maintenance Plans).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The total project costs for the three utility relocation projects are estimated at $6,600,000, which
will initially be incurred by the Water Utility Capital Construction Fund. The relocation of these
utilities is necessary to accommodate OCTA's SR-55 Widening Project. OCTA will pay the City on
a reimbursement basis the actual and necessary costs to complete the three utility relocation
projects. Expenditures on these projects will not be realized until construction contracts are
awarded by Council in the future. Staff will program construction costs into the FY 2020-21 and
2021-22 Capital Improvement Program, and in the associated Water Capital Construction Budgets
(Account No. 06617647-66301). Approval of Cooperative Agreement C-0-2201 and the associated
Utility Agreements will allow the City to recover all eligible costs incurred in the Water Capital Fund
to facilitate the relocation of the utilities.
20A-3
Approve Cooperative Agreements with OCTA to Acquire Properties and Easements and
Reimburse City for Project Costs Related to SR-55 Widening Project
May 5, 2020
Page 4
Approval of the requested Appropriation Adjustment will recognize $10,000, a portion of the agreed
OCTA reimbursement amount of $100,000, into the Measure M OCTA Transitway Project Fund
revenue account (No. 03217002-52040) and appropriate $10,000 into the Measure M OCTA
Transitway Project Fund expenditure account (No. 03217661-66220) (Exhibit 7). Staff will program
the remaining amount of $90,000 in the FY 2020-21 Capital Improvement Program. Appropriated
funds will be available for expenditure in FY 2019-20 as follows:
Fiscal Year
Accounting
Unit -Account #
Fund Description
Accounting Unit,
Account Description
Amount
FY 2019-20
Measure M Street
OCTA Transitway
03217661-66220
Project, Improvements
$10,000
May - June
Construction
Other Than Building
Total:
$10,000
NS/EWG/JG/KN/HG
Exhibits: 1. Location Map
2. Cooperative Agreement
3. City Property Acquired by OCTA
4. City Public Right -of -Way for State Highway Purposes
5. Pullman Street— Existing and Proposed SCE Easements
6. Utility Agreements
7. FY 19-20 CIP Project Worksheet
20A-4
EXHIBIT 1
PROJECT LOCATION MAP
<s,N
APPROVE COOPERATIVE AGREEMENTS WITH ORANGE COUNTY
2ANSPORTATION AUTHORITY TO ACQUIRE PROPERTIES AND EASEMENT Al
REIMBURSE CITY FOR PROJECT COSTS RELATED TO THE SR-55 WIDENING
PROJECT AND APPROVE STAFF TO PROCEED WITH A CONSTRUCTION
MANAGER AT RISK DELIVERY METHOD FOR THESE PROJECTS
(NONGENE� j�U)
{STRATEGIC P�� 6, 1}
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
EXHIBIT 2
COOPERATIVE AGREEMENT NO. C-0-2201
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
STATE ROUTE 55 IMPROVEMENT PROJECT
THIS COOPERATIVE AGREEMENT ("Agreement"), is effective this day of
2020 ("Effective Date"), by and between the Orange County Transportation
Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation
of the State of California (hereinafter referred to as "AUTHORITY') and the City of Santa Ana, 20 Civic
Center Plaza, Santa Ana, California 92701, (hereinafter referred to as "CITY'), each individually known
as "Party" and collectively known as the "Parties".
RECITALS
WHEREAS, AUTHORITY, in cooperation and partnership with the California Department of
Transportation (Caltrans) is proposing to reduce congestion and improve lane continuity through the
State Route 55 (SR-55) corridor with improvements to mainline on SR-55 between Interstate 405
(1-405) and Interstate 5 (1-5); and
WHEREAS, the improvements are generally defined as the addition of one High -Occupancy -
Vehicle (HOV) lane and one general purpose lane from 1-405 to 1-5, replacement of existing auxiliary
lanes, addition of new auxiliary lanes at specific locations, and other additional geometric
improvements (hereinafter referred to as "PROJECT"); and
WHEREAS, this Cooperative Agreement defines the specific terms, conditions, and funding
responsibilities between the AUTHORITY and CITY for completion of final design and construction
associated with PROJECT; and
WHEREAS, AUTHORITY is the sponsor and the primary funding agency for PROJECT; and
�44 6bf 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, AUTHORITY has contracted with WKE, Inc. to develop the plans, specifications,
and estimates (PS&E) and construction support for the PROJECT; and
and
WHEREAS, AUTHORITY is the lead agency for right-of-way (ROW) acquisition for PROJECT;
WHEREAS, PROJECT is located within and adjacent to the Caltrans right-of-way in the cities of
Santa Ana, Irvine, and Tustin (Exhibit A, "Project Location Map"); and
WHEREAS, PROJECT shall require ROW acquisitions that will impactthe CITY -owned Pressure
Reducing Station (PRS); and
WHEREAS, PROJECT shall require ROW acquisitions of privately -owned properties to
accommodate the relocation of the CITY's PRS; and
WHEREAS, CITY will convey City -owned property rights needed by AUTHORITY for
implementation of PROJECT; and
WHEREAS, PROJECT shall require utility relocations associated with CITY's PRS; and
WHEREAS, CITY will execute the utility agreements for the relocation of the CITY's PRS
infrastructure consisting of a 16" waterline in Ritchey Street, a 24" and 12" waterlines crossing the SR-55
and the pressure regulating station near Warner Avenue; and
WHEREAS, PROJECT shall require a permanent easement for Southern California Edison
(SCE) that will impact Pullman Street and require the undergrounding of SCE's facilities along Pullman
Street; and
WHEREAS, PROJECT requires portions of CITY right-of-way along Pullman Street, Dyer Road,
Warner Avenue, Ritchey Street, and McFadden Avenue for State Highway purposes without
compensation pursuant to Streets and Highways Code 83 and 233; and
WHEREAS, the CITY will provide staff resources for coordination and inspection services,
(hereinafter referred to as "CITY SERVICES") as required for PROJECT; and
WHEREAS, CITY's City Council approved this Agreement on 2020.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
27of13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this
Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings,
and communications. The invalidity in whole or in part of any term or condition of this Agreement shall
not affect the validity of other term(s) or condition(s) of this Agreement. The above referenced Recitals
are true and correct and incorporated by reference herein.
B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's
right to such performance or to future performance of such term(s) or condition(s), and CITYs obligation
in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall
not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized
representative of AUTHORITY by way of a written amendment to this Agreement and issued in
accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or
condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such
performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in
respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not
be binding upon CITY except when specifically confirmed in writing by an authorized representative of
CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of
this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the
subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate and
coordinate with the other in all activities covered by this Agreement and any other supplemental
agreements that may be required to facilitate purposes thereof.
23'of13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:
A. To be the sponsor and funding agency, and to manage and administer the PS&E contract
for PROJECT.
B. To perform right-of-way acquisition and right-of-way certification for PROJECT.
C. To require Caltrans' contractor (hereinafter referred to as "CONTRACTOR') to obtain a
no -fee encroachment permit from CITY prior to commencing construction of PROJECT. Provided all
conditions of such permit have been fulfilled, the permits shall authorize CONTRACTOR to commence
work within CITY right-of-way, or areas which affect CITY facilities.
D. To implement a public awareness campaign during PROJECT that advises CITY, local
businesses, residents, elected officials, motorists, and media, of construction status, street detours, and
ramp and freeway closures, if and where applicable.
E. To acquire a portion of CITY -owned property currently utilized by the CITY's PRS and
acquire temporary property rights to perform construction activities in connection with PROJECT.
Acquisition of property rights for both permanent and temporary use by AUTHORITY shall be addressed
through a property acquisition agreement and performed in accordance with federal and state acquisition
requirements.
F. To acquire a portion of the adjacent privately -owned property and acquire temporary
property rights to perform construction activities to accommodate the relocation of the CITY's PRS. The
property acquisition costs for a portion of the adjacent property shall be deemed a PROJECT cost and
not the responsibility of CITY.
G. To acquire permanent utility easement rights on privately -owned property located on the
eastern side of the SR-55 and to acquire temporary property rights to perform construction activities to
accommodate for the relocation of the CITY -owned utilities related to the PRS. The acquisition costs of
the permanent easement and temporary construction rights shall be deemed a PROJECT cost and not
the responsibility of CITY.
29of13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
H. To acquire permanent utility easement rights within Pullman Street between Dyer Road
and Warner Avenue to allow for the undergrounding of SCE's communication, distribution and future
transmission facilities. Acquisition of the permanent utility easement rights for use by SCE shall be
addressed through a property acquisition agreement and performed in accordance with federal and state
acquisition requirements.
I. To acquire portions of CITY right-of-way for State Highway purposes through the Streets
and Highways Code 83 and 233.
J. To ensure the proposed acquisitions are consistent with the approved PROJECT plans.
K. To reimburse CITY for actual costs, within 30 days from receipt of an acceptable invoice,
which is complete, properly prepared and complies with the requirements of Article 6, REQUEST FOR
REIMBURSEMENT, below.
L. AUTHORITY's reimbursement for CITY SERVICES shall not exceed the maximum
amount in compliance with Article 8, MAXIMUM OBLIGATION.
ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:
A. To collaborate and cooperate with AUTHORITY during the development of the final
design and construction of PROJECT.
B. To collaborate, cooperate, and agree to the necessary property rights for construction of
PROJECT, relocation of the CITY's PRS with connecting waterlines, relocation of SCE's communication,
distribution and future transmission facilities within Pullman Street, and relocation of CITY -owned facilities
onto privately -owned adjacent property and the utility relocation located on privately -owned property on
the eastern side of the SR-55.
C. CITY shall not object to the conveyance or acquisition of necessary property rights needed
by AUTHORITY for implementation of PROJECT.
D. CITY shall not object to the conveyance or acquisition of necessary property rights needed
for SCE's communication. distribution and future transmission facilities within Pullman Street.
20P ija a Q 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
E. To make necessary efforts to coordinate and cooperate with AUTHORITY, its agents, and
contractors, to meet or exceed PROJECT schedule criteria as identified by AUTHORITY.
F. To provide CITY SERVICES for PROJECT as mutually agreed by CITY and
AUTHORITY, including but not limited to:
1. Attend and participate in meetings to provide a forum to discuss and resolve CITY's
concerns and issues
2. Perform design reviews
3. Provide construction inspection services of CITY -owned facilities
G. To make available to AUTHORITY all necessary CITY regulations, policies, procedures,
manuals, standard plans, and specifications required for the construction of PROJECT when requested
by AUTHORITY.
H. To allow for undergrounding of transmission, distribution, and communication facilities in
Pullman Street.
I. Upon award of a construction contract by Caltrans, CITY shall make reasonable efforts
and devote reasonable resources for the issuance of encroachment permits, and other necessary
permits, if applicable, to CONTRACTOR at no fee, and upon CONTRACTOR's compliance with permit
requirements, to not cause delay to PROJECT's construction schedule. Such permits shall authorize
CONTRACTOR to commence work within CITY right-of-way, or areas which affect CITY facilities.
J. To submit monthly invoices to AUTHORITY for work completed and actual costs incurred
by CITY for CITY SERVICES, pursuant to Article 6, REQUEST FOR REIMBURSEMENT. CITY shall
submitfinal invoice no laterthan ninety (90) days afterfinal acceptance of PROJECT. Any costs in excess
of the amounts specified herein shall not be incurred without a written amendment to this Agreement.
II
I
II
20P ija e S df 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ARTICLE 5. MUTUAL RESPONSIBILITIES OF BOTH PARTIES
Parties agree to the following mutual responsibilities regarding the PROJECT:
A. AUTHORITY and CITY shall enter into Caltrans Standard Utility Agreements to allow
for the AUTHORITY to reimburse the CITY for eligible PROJECT cost for the relocation of the CITY -
owned PRS facility and related CITY -owned utilities.
B. AUTHORITY and CITY agree the just compensation amount for the acquisition of the
necessary property rights from the CITY -owned property utilized by the PRS, shall be waived by City
as being fully offset by the PROJECT costs and just compensation to be incurred by Authority in
acquiring the necessary property rights in favor of CITY on the adjacent privately -owned property and
on privately -owned property located on the eastern side of the SR-55, to accommodate the relocation
of the PRS and related utilities taken as a whole, the Parties agree that such exchange of
consideration is determined not to be a gift of public funds by either Party. For such a determination
the amount of just compensation shall be established by independent appraisal in accordance with
AUTHORITY and state policies and procedures.
ARTICLE 6. REQUEST FOR REIMBURSEMENT
In order for CITY to be reimbursed for incurred costs relative to PROJECT, CITY agrees:
A. To prepare and submit to AUTHORITY a monthly invoice with supporting
documentation. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY.
The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the
accuracy of the included information.
B. The invoice shall be submitted on CITY's letterhead.
C. The invoice shall be submitted by CITY, and in duplicate, to AUTHORITY's Accounts
Payable Office. Each invoice shall include the following information:
1. Agreement Number C-0-2201;
2. The time period covered by the invoice;
3. Progress Report which includes a detailed description of the progress of PROJECT;
4. Such other information as requested by AUTHORITY;
20P ija a 79 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
/
2
3
4
5
6
7
8
9
10
11
12
13
D.
14
15
16
17
18
19
20
21
22
23
24
25
26
expenses.
5. Invoice Certification signed by an authorized representative of CITY; Certification
statement shall be as follows
"I hereby certify that invoice(s) dated _for the period covering _to_ are true,
complete and correct statements of reimbursable costs and progress. The backup
information included with the invoices is true, complete and correct in all material
aspects. All payments due and owing to subcontractors and suppliers have been
made, if applicable. Timely payments will be made to subcontractors and suppliers
from proceeds of the payment covered by the certification, if applicable. The invoices
do not include any amounts which (Insert Name of the firm) intends to withhold or
retain from a subcontractor or supplier unless so identified on the invoices, if
applicable."
To consult with AUTHORITY's Project Managerfor questions regarding non -reimbursable
ARTICLE 7. DELEGATED AUTHORITY
The actions required to be taken by CITY in the implementation of this Agreement are delegated
to the Director of Public Works or designee (Director), who shall be CITY's representative in all matters
pertaining to this Agreement. The Director shall be authorized to, among other things, accept offers for
acquisition in accordance with the terms herein, sign all escrow documents, including minor modifications
that do not materially alter the terms or financial obligations of the CITY, accept and convey deeds on
behalf of CITY, and authorize issuance of checks or invoices in accordance with this Agreement. The
actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to
AUTHORITY's Chief Executive Officer or designee.
ARTICLE 8. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY
mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be One
Hundred Thousand Dollars ($100,000.00), unless agreed to and amended by both Parties.
20P ija a 84 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ARTICLE 9. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and
other data and records of CITY for a period of four (4) years after final payment, or until any on -going
audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of
AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor or
consultant.
ARTICLE 10. INDEMNIFICATION
A. To the fullest extent permitted bylaw, CITY shall defend (at CITY's sole cost and expense
with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless
AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties'), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
persons (CITY's employees included), for damage to property, including property owned by AUTHORITY,
or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent
acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection
with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole
cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold
harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from
and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration
awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and
20P ija a% 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of
persons (AUTHORITY's employees included), for damage to property, including property owned by CITY,
or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent
acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in
connection with or arising out of the performance of this Agreement.
C. The indemnification and defense obligations of this Agreement shall survive its expiration
or termination.
ARTICLE 11. ADDITIONAL PROVISIONS
A. Term of Agreement: The term of this Agreement shall be in full force and effect through
June 30, 2025.
B. Termination: In the event either Party defaults in the performance of their obligations under
this Agreement or breaches any of the provisions of this Agreement, the non -defaulting Party shall have
the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party.
C. Termination for Convenience: Either Party may terminate this Agreement for its
convenience by providing thirty (30) days prior written notice of its intent to terminate for convenience to
the other Party.
D. Compliance with All Laws: AUTHORITY and CITY shall comply with all applicable federal,
state, and local laws, statues, ordinances and regulations of any governmental authority having
jurisdiction over the PROJECT.
E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to
execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties
hereto are formally bound to the provisions of this Agreement.
F. Severability: If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
2�e 10§f 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
G. Counterparts of Agreement: This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original and all
of which together shall constitute the same agreement. Facsimile signatures will be permitted.
H. Force Maieure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants orfacilities bythe federal, state or local government; national
fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause
is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond
the control and is not due to the fault or negligence of the Party not performing.
I. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or
authority hereunder may be assigned in whole or in part by either Party without the prior written consent
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
void and of no force and effect. Consent to one assignment shall not be deemed consent to any
subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
J. Governing Law: The laws of the State of California and applicable local and federal laws,
regulations and guidelines shall govern this Agreement.
K. Litigation fees: In the event that either Party to this Agreement shall commence any legal
or equitable action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover
its costs of suit, including reasonable costs and attorney's fees as determined by the court.
i
2�e 11§f 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
L. Notices: Any notices, requests, or demands made between the Parties pursuant to this
Agreement are to be directed as follows:
To CITY
To AUTHORITY
City of Santa Ana
Orange County Transportation Authority
Public Works Department
550 South Main Street
20 Civic Center Plaza, M-21
P.O. Box 14184
Santa Ana, California 92701
Orange, CA 92863-1584
Attention: Mr. Nabil Saba
Attention: Megan Bornman
Public Works Executive Director
Contract Administrator
Tel: (714) 647-5662
Tel: (714) 560-5064
Email: nsaba(cDsanta-ana.org
Email: mbornman(cDocta.net
CC: Ross Lew, P.E., Program Manager
Tel: (714) 560-5775
Email: rlew@octa.net
2�e 127cf 13
COOPERATIVE AGREEMENT NO. C-0-2201
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-0-2201 to be
executed on the date of the last signature below.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Kristine Ridge
City Manager
Date:
APPROVAL RECOMMENDED:
By:
Mr. Nabil Saba
Public Works Executive Director
Date:
APPROVED AS TO FORM
By. lam.
An M. Funk
Assistant City Attorney
Date: April 13, 2020
ATTEST
By:
Daisy Gomez
Clerk of the Council
Date:
By:
Meena Katakia
Manager, Capital Projects
Date:
APPROVED AS TO FORM:
By:
James M. Donich
General Counsel
Date:
2�e 134f 13
COOPERATIVE AGREEMENT NO. C-0-2201
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
A20
1
22
23
24
25
26
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. C-0-2201 to be
executed on the date of the last signature below.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Kristine Ridge
City Manager
Date:
APPROVAL RECOMMENDED:
By:
Mr. Nabil Saba
Public Works Executive Director
Date:
APPROVED AS TO FORM
By:
John M. Funk
Assistant City Attorney
Date:
ATTEST
By:
Daisy Gomez
Clerk of the Council
Date:
Bv:
Meena Katakia
Manager, Capital Projects
Date:
APPROVED AS TO
Ge ral Counsel
o�
Date:
2�e 13`bf 13
AGREEMENT NO. C-0-2201
Exhibit A
Project Location Map
20A-20
0
/
0
2
U
W
Z fn
O O LL W
QLL<�
-/ F�U)(if
of —wO
d W O p
i U U 0
z of
Q D d F
m Q W
Z�Q�
l/d z I� OU QWJD
w
W 0O��
ZW��J�
OU)ZFWof of Z
> of(7
> Z j w Z CL
Q>O0 U_
Lo
0I� �U)LoZZ
i W F(rQ U) F
-- QQ
l/d --- W W W Z U 2'
Wd2OW�
of 0 0
a C9ofOUof
M/a -wm w w 0 2'
U)
Q CY Q
W U W U / d Q Q
U F O
w w w yDm
WEEU
OO�w
D D a
ZJ ZJ w o f oNa00°'w x aQ F=O> > o w
=
N OaWE aQOof
ofdcoDjO
Oow_:wU r)U cv lo vU
it ad
Q M Q O uw¢�my U'a00,,cc'
0- O o 0 o J o az w '>� "e c° II
M VI VI VI J U Ow Z asaw Zm L�N c uwo�+o(D Q wn¢ E
000wwm EY< wwwawwwaaw
� tOm>tOU
x
x
I.
J U9 y7I tO . E C D — l
U Q I N Z._ 0 0
�{
C7
m
X
w
�p/;//sue- I 'I II'pilei I � ✓
�. I I_ I � 1 1 s,✓
i II I
1 I '
I k �
i I IA' I
G— ow
o 0 LL
^ m I r ul
m w w
P _ 0Uwo
aU)U)mo
a¢�ax
w a �
4�2i m
I ti I z�u'�>
azw¢w
E �OZpoZ�
21 W w Y ao
0
�% a ¢z zz
¢
C,wza
¢
Jill I
Fuw)
�� yI I I I I I II II z�Q�w
gwrn��Q
wwwzUw
z w
W,OF�0-U
w'o m
r _
wwow
L I
w U
,lo'O II ----------
O
wF,
I o 0
�O�w
;rr;) III 111111 -�_r ;i I �I,�II III �I awwci
QQom
_ w
—� V 0f I
-
r� I I
o00 „!� �' IIII � IIIIII�I6 _.y
p O Y T \
d 0 1
In mow_L Ctoo
U
mYL
w
z
J ¢E�
Q +� I _
. -
\l-d\If
V�
\
z
� v
z
z
j o
Z LL O
O / DWOLLW
0 F W
�/X OUr fOWO
C �� aWOLL
o
O
0
--m¢W
j w z F W o<
o � ' W~OWD
/ �
aw \\ �Waue)
z
<u
OW ,
ZW WQzW
'J� WFO�FF
W W W Z U
y - w m = O ME-D�
WWo�a
0 a Z
U
Ur-U) -CIF• —83:
�� -- 0O�w
m W U
���� ' - �Qoo
—
W a
w w
i
m� oao ,
Loa°
o o o o m
z o 0 0 o w o o
o
Q as a aax LL `� mi )i
N -0000
Q
0
m
X
W
20A-23
w
a
O
Z
i
i
i
yD�
Z N oQoOU
N ono
�L N
aO
" o a
J N L
a-LNv
UUOat
>LNNC0
++ALL
OC+UU
Loc+O
O 0NEy
p DLNL+
N -UO3,
L
L+OOL
00Eco
LLZ.-ON
II I
1 I I 0
I �
10
� 2
00LLa0
0
Q I--
0
�Uj0
O O Tz
d W 2' W
zz Of CL
C
✓� <ma
�HgZw
jC �a>,
C Z W
C !' IoQwY�
H Ofn i�
/ I I
I I
/ I I
I
I
y II
I I
I 1
I
I
wzoa�
z2(DQWm
I a W Z Z O
OQW ; ;Z
Z�aZCL
a��U,-
zE-(D
z W O U W
of W U Q
11wwx Ow
W a X d
�O OX1.- (1)W�
adpZfn
W w
i 2'FOF-
P5:g<
a('1Wx
IWUXH
a
11 O O w
I
w
W R I-- O
Wx OW W
I
O
W
1 ¢ a W
I Ia I
x
W
M0138 33S - 3NIl H31tlW
l
a / z lil III I hall III II II III
W Z � I III �I I II all Illl I l l l l
b
Om¢Z� I J
wawsv I I _I' � I II Il III II I l I
v"i�w�uw I �I '' I I Il Ill II Il I
' z •� � l -'-�_�a �I. , � II I�� II Il I
a
� o� Il � � III II I,ml� IIWI I
111 a
� ma II � I I II IhI� III I
3 oz
wa
333,1' I 111
I 11� a it I II y lil Il�il I
1 _ II Il IIla, I
00 z o i II Il II II l
�0<<� I o� III II II Ij II Il
- I I II II I II Il I
o
ILLI
w
D C
v
m
z N
a
000
m
Z
w �n
z0
wL�m
a
J
w
vE
W
0)
¢ W
U U
n o
U
LnZ
Z V
d+ N
Q
Q O
�w �wa
W
u'nu
N] N C
0-
O
OOO Q U
•>L ^�0
www000
O w+ 0 U
a W
o c. o
a a
w w w l w
N EY
Q
x
oN
=0>0,
aaainw W
-w0s
♦I
I
m
0 0 E c D
U
WZ.-ON
I
I —
I
D
313813 1HOdM311
1 II
33S - 31111 H01tlW
O U_
C�
W O Q
0<C)Of
LL of
IF—
Z F Z z
c) p
00 U LL
Q IF—Q J
of W F of
d p � z
z Of d w (
F of O O O
w O
Z F of
0_F m
OOF-w 2
w=wof X
Fa W
ZCID cnw
<F2wofw
O w F do_z
�QQLL
O
z w Q O=
2i w F W
w Q W
ofw0}
Q z 0- of
w
w Q O J
rW z w
<F-w�
0- d of
O Q' LLr2) Q
C) a_ of
/ w V
O = Q
of aCJFQ
U
Q
1�—
1
O� Q
Q
MCFADDEN Ave
NIisn i �o k1Ik
VNd d1NVS J0 /dIS
i 1®
>,vS
m.c
zmo,
Oao
m ono
�L E
O��E
o 0
¢�j
L O Oro-
a+smo
ooao
+ c
0
LO}OU
LOC}O
O
IODY +
p
L N L+
-0>Op
�
L
¢
OOEI
2
A-26
Iw I
oVNTY�
2%
Z
3
�M
O W
Z W LL W
O OQF
F
F Frnm
MO U jO
LL
U) U) 'o co,O
S mm F
m m¢w
mQ�
OQw E
I._.. wZOpZ�
//...Z WmY t'o
l W WC�ZW9�
on
Z
W WFQWZ Z
_.. Z'Q�U' oo
_
F O,nZ?(7
W ,
_.WWwZU�
wm=ow�
m O�F- Ov
¢M�Dm
wm
>wowU
~z
�dWO
a¢mQ
0�
U �O3:
O oU F w
M�wo
Q QOm
Mm
m
2
X
w
H
Z
w
2
W
U)
Q
W
W
U
U)
0
Z
H
W
i
I�
#'G it pA
III'
Y'I,
�I
I ^?V
OFa
O F w
1, 1 C9
—o
w a
k
Owz
xFa
p{ a i
I F
„� QWz
... .... w o_ Z
a _ :: ::: ,---- �, a U, t
aow�
t 31 U�,�
a 1� j lily OUzw
awO z z
I LL it U
III � l
� i 7................ Lys < 41 ° Q) wmaZ
f 'll� waxO
a li II �O�rn�
o Z o
OUwO
UUOOOz
i 4AV 31031
V (WD u a a ¢
-- - -
4Z< xw O O
n O—LLx—
��
o UD O a
4 � OzawLLm
wzOo-
r' �gaw
w n r
waow
w
u30
II
a
r w O
I
a
�LL
I �o II
I- ---- — - - w - Y
--ter— ----- ,1.-=u=— wa Un a w
z� I
�o
xN
Y...
w� 1
'0 � mZ
iil- --- 0
jao
u Owl
l-_ ajN
r"
ry
ii ICI
I
II
1 I I
o
a
w
kU
it'i..1 try
III IIII_ 1 _ _.1. .
LO
H
00
x
X
w
�✓�5='6''seE'/�'". ICI I
l
1
I
I
I.I
I
I I
II
pp 'I
I II I
l
I
I
-
r
i
r 1
' W
0FQ
}ow
�C9
al DMCZ
b xQ�
r_.......... o ¢WOE
J
ODU�
- F(n�LL
II a QOwJ
a of w�mUU¢
rnw
oUzw
a
I
I
............. iill; II I � fD�UW
I-QU'
I„ ZO
Z Qwaw x zU
a
I -MI-
Z, CWI
- o U o
W w
Bntl 3193N21tl0 __ — O
-- - - o d wwowz
J �U)aa¢
wm�Wo �oW2l<
g`I Z<o ou wzwax`.
v F
gaW
W WQg
wno}
-- _ ¢ ¢ w
W O F >
----------
- ~ W
... w,wr�n
-----—'�`�e ->>If_ d It (.9
w
o Ua z
J ' U o z
Ww
w
O W
ww�
JIB d0�
Qo�
U
7-7
m
H
m
2
X
W
EXHIBIT 6
ORANGE COUNTY TRANSPORTATION AUTHORITY Page 1 of 5
UTILITY AGREEMENT
RW 13-05 (REV 12/2016)
DISTRICT
COUNTY
ROUTE
POST MILE
Project ID
12
Orange
SR-55
6.4/10.2
1200020328
E.A. OJ340
FEDERAL AID NUMBER
OWNER'S PLAN NUMBER
STPLN-6071 129
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ® YES ❑ NO
UTILITY AGREEMENT NO. COSA-1101/1103 DATE
Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County Transportation
Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a project that proposes
to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55 Improvement Project). Per the
Cooperative Agreement OCTA is the lead agency for Right of Way Acquisition and Utility relocations. The SR-55
Improvement Project proposes to reduce traffic congestion, improve mobility as well as traffic operations to an
existing four mile stretch of SR-55.
City of Santa Ana- Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
Hereinafter referred to as "OWNER", owns and maintains
water facilities in the City of Santa Ana
within the limits of OCTA's project which requires
relocation of 12" and 24" water mains crossing 55 freeway at approximately sta: 452+00
to accommodate OCTA's project
It is hereby mutually agreed that:
ViVel [7:`t07-I=1Biel 01=1
In accordance with Notice to Owner No. COSA-1101/1103 dated March 9, 2020 OWNER shall
relocate existing 12" and 24" water mains crossing 55 freeway at approximately sta: 452+00. All work
shall be performed substantially in accordance with OWNER's Plan No. DWG: C-202 dated July 7,
2019 consisting of 1 sheet, a copy of which is on file in the OCTA office at 550 S. Main Street,
Orange, CA 92863-1584.
Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices
to Owner, approved by the OCTA and agreed to/acknowledged by the OWNER, will constitute an
approved revision of the OWNER's plan described above and are hereby made a part hereof. No
work under said deviation shall commence prior to written execution by the OWNER of the Revised
Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in
addition to the revised Notice to Owner.
II. LIABILITY FOR WORK
Existing facilities are located in their present position pursuant to rights superior to those of OCTA
and will be relocated at OCTA expense.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format
information, contact the Forms Management Unit at (916L445 33�T6Y 711, or write to Records and Forms Management,
1120 N Street, MS-89, Sacramento, CA 95814.
UTILITY AGREEMENT
Page 2 of 5
I I =4 a;Iol 7 Pll_10103 X01ATiVel all
UTILITY AGREEMENT NO. COSA-1101/1103
OWNER agrees to cause the herein described work to be performed by a contract with the lowest
qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause
to be furnished all necessary labor, materials, tools, and equipment required therefore, and to
prosecute said work diligently to completion.
Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem
expense amounts allowed under the California Department of Human Resources travel expense
guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA personnel
travel per diem. Owner shall also include an explanation why local employee or contract labor is not
considered adequate for the relocation work proposed.
Work performed by OWNER's contractor is a public work under the definition of Labor Code Section
1720(a) and is therefore subject to prevailing wage requirements.
Work performed directly by OWNER's employees falls within the exception of Labor Code Section
1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to
prevailing wages. OWNER shall verify compliance with this requirement in the administration of its
contracts referenced above.
IV. PAYMENT FOR WORK
The OCTA shall pay its share of the actual and necessary cost of the herein described work within 45
days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's
organization and prepared on OWNER's letterhead, compiled on the basis of the actual and
necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and
charged or allocated to the project in accordance with recognized accounting principles.
It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of
OWNER's facilities in the new location and that OWNER shall give credit OCTA for the accrued
depreciation for the replaced facilities and for the salvage value of any material or parts salvaged and
retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
detailed itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the
billing date less estimated credits applicable to completed work. Payment of progress bills not to
exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of
progress bills which exceed the amount of this Agreement may be made after receipt and approval by
OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has
been executed by the parties to this Agreement.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work
described in Section I above. If OCTA has not received a final bill within 360 days after notification of
completion of OWNER's work described in Section I of this Agreement, and OCTA has delivered to
OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for
OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close
its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining
costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than
360 days after notification of completion of OWNER's work, payment of the late bill may be subject to
allocation and/or approval by the OCTA Board of Directors.
The final billing shall be in the form of a detailed itemized statement of the total costs charged to the
project, less the credits provided for in this Agreement, and less any amounts covered by progress
billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement
without documentation of the reasoy�fprt=ease of said cost from the OWNER and approval of
UTILITY AGREEMENT
Page 3 of 5
UTILITY AGREEMENT NO. COSA-1101/1103
documentation by OCTA. Except, if the final bill exceeds the OWNER's estimated costs solely as the
result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to
Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost
of this Agreement may be subject to allocation and/or approval by the OCTA Board of Directors.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's
final bill. Any and all increases in costs that are the direct result of deviations from the work described
in Section I of this Agreement, shall have the prior concurrence of OCTA.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of
three years from the date of the final payment and will be available for audit by OCTA and or Federal
auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform
System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are
applicable to OWNER doing work on the project that is the subject of this agreement, the contract
cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23
CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent OCTA and/or Federal audit
determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of
AGENCY billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable
laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual
cost in performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of July 27, 2018 to review, study and/or
prepare relocation plans and estimates for the project associated with this Agreement may be billed
pursuant to the terms and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate the
necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to
terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms
and conditions for terminating the Agreement.
All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the
Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage of
the annual Budget Act by the State Legislature, and the allocation of those funds by the California
Transportation Commission.
OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of the
work described herein.
Such Director's Easement Deeds as deemed necessary by the OCTA will be delivered to OWNER,
conveying new rights of way for portions of the facilities relocated under this Agreement, over
available OCTA owned property outside the limits of the highway right of way.
OCTA's liability for the new rights of way will be at the proration shown for the relocation work
involved under this Agreement.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part
645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the
21s' Century (MAP-21), section 1518, 23 CFR 635.410 requires that all manufacturing processes
have occurred in the United States for steel and iron products (including the application of coatings)
installed on a project receiving funding from the FHWA.
20A-31
UTILITY AGREEMENT
Page 4 of 5
UTILITY AGREEMENT NO. COSA-1101/1103
OWNER understands and acknowledges that this project is subject to the requirements of the Buy
America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and
FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s)
from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report
(MTR).
All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a
period of three (3) years from the date of final payment to the OWNER and will be made available to
STATE or FHWA upon request.
One set of copies of all documents obtained to demonstrate Buy America compliance will be attached
to, and submitted with, the final invoice.
This does not include products for which waivers have been granted under 23 CFR 635.410 or other
applicable provisions or excluded material cited in the Department's guidelines for the implementation
of Buy America requirements for utility relocations issued on December 3, 2013.
OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly
relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its
representatives concerning the Buy America Rule requirements for utility relocations within the State
of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in
breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in
compliance with the Guidance.
THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $2,000,000.00
Signatures on Following Page
20A-32
UTILITY AGREEMENT
Page 5 of 5
UTILITY AGREEMENT NO. COSA-1101/1103
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
OWNER:
CITY OF SANTA ANA
APPROVED
By:
Kristine Ridge
City Manager
Date:
ATTEST:
By:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
By: '�4 %. -f. L
VJohn M. Funk
Assistant City Attorney
:7xKNLA/G1►1�]q�77i7:71G1,�:7i]9G1�
By:
Nabil Saba
Executive Director
Public Works Agency
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
I-ANN1. 00:191
IN
James G. Beil, P.E.
Executive Director,
Capital Programs
Date:
APPROVED AS TO FORM:
0
James M. Donich
General Counsel
20A-33
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
Page 1 of 5
RW 13-05 (REV 12/2016)
DISTRICT
COUNTY
ROUTE
POST MILE
Project ID
12
Orange
SR-55
6.4/10.2
1200020328
E.A. OJ340
FEDERAL AID NUMBER
OWNER'S PLAN NUMBER
STPLN-6071 129
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ® YES ❑ NO
UTILITY AGREEMENT NO. COSA-1115
DATE
Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County Transportation
Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a project that proposes
to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55 Improvement Project). Per the
Cooperative Agreement OCTA is the lead agency for Right of Way Acquisition and Utility relocations. The SR-55
Improvement Project proposes to reduce traffic congestion, improve mobility as well as traffic operations to an
existing four mile stretch of SR-55.
City of Santa Ana- Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
Hereinafter referred to as "OWNER", owns and maintains
water facilities in the City of Santa Ana
within the limits of OCTA's project which requires
relocation of a 16" water main located within Ritchey Street
to accommodate OCTA's project
It is hereby mutually agreed that:
ViVel [7:`t07-I=1Biel 01=1
In accordance with Notice to Owner No. COSA-1115 dated March 9, 2020, OWNER shall relocate
existing 16" water main located within Ritchey Street. All work shall be performed substantially in
accordance with OWNER's Plan No. DWG: C-203,204,205,206 dated July 7, 2019 consisting of 4
sheets, a copy of which is on file in the OCTA office at 550 S. Main Street, Orange, CA 92863-1584.
Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices
to Owner, approved by the OCTA and agreed to/acknowledged by the OWNER, will constitute an
approved revision of the OWNER's plan described above and are hereby made a part hereof. No
work under said deviation shall commence prior to written execution by the OWNER of the Revised
Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in
addition to the revised Notice to Owner.
II. LIABILITY FOR WORK
Existing facilities are located in their present position pursuant to rights superior to those of OCTA
and will be relocated at OCTA expense.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format
information, contact the Forms Management Unit at (916L445 33�T4Y 711, or write to Records and Forms Management,
1120 N Street, MS-89, Sacramento, CA 95814.
UTILITY AGREEMENT
Page 2 of 5
I I =4 a;Iol 7 Pll_10103 X01ATiVel all
UTILITY AGREEMENT NO. COSA-1115
OWNER agrees to cause the herein described work to be performed by a contract with the lowest
qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause
to be furnished all necessary labor, materials, tools, and equipment required therefore, and to
prosecute said work diligently to completion.
Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem
expense amounts allowed under the California Department of Human Resources travel expense
guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA personnel
travel per diem. Owner shall also include an explanation why local employee or contract labor is not
considered adequate for the relocation work proposed.
Work performed by OWNER's contractor is a public work under the definition of Labor Code Section
1720(a) and is therefore subject to prevailing wage requirements.
Work performed directly by OWNER's employees falls within the exception of Labor Code Section
1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to
prevailing wages. OWNER shall verify compliance with this requirement in the administration of its
contracts referenced above.
IV. PAYMENT FOR WORK
The OCTA shall pay its share of the actual and necessary cost of the herein described work within 45
days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's
organization and prepared on OWNER's letterhead, compiled on the basis of the actual and
necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and
charged or allocated to the project in accordance with recognized accounting principles.
It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of
OWNER's facilities in the new location and that OWNER shall give credit OCTA for the accrued
depreciation for the replaced facilities and for the salvage value of any material or parts salvaged and
retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
detailed itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the
billing date less estimated credits applicable to completed work. Payment of progress bills not to
exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of
progress bills which exceed the amount of this Agreement may be made after receipt and approval by
OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has
been executed by the parties to this Agreement.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work
described in Section I above. If OCTA has not received a final bill within 360 days after notification of
completion of OWNER's work described in Section I of this Agreement, and OCTA has delivered to
OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for
OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close
its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining
costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than
360 days after notification of completion of OWNER's work, payment of the late bill may be subject to
allocation and/or approval by the OCTA Board of Directors.
The final billing shall be in the form of a detailed itemized statement of the total costs charged to the
project, less the credits provided for in this Agreement, and less any amounts covered by progress
billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement
without documentation of the reason for the increase of said cost from the OWNER and approval of
documentation by OCTA. Except, if�fipaI I"Iexceeds the OWNER's estimated costs solely as the
UTILITY AGREEMENT
Page 3 of 5
UTILITY AGREEMENT NO. COSA-1115
result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to
Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost
of this Agreement may be subject to allocation and/or approval by the OCTA Board of Directors.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's
final bill. Any and all increases in costs that are the direct result of deviations from the work described
in Section I of this Agreement, shall have the prior concurrence of OCTA.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of
three years from the date of the final payment and will be available for audit by OCTA and or Federal
auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform
System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are
applicable to OWNER doing work on the project that is the subject of this agreement, the contract
cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23
CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent OCTA and/or Federal audit
determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of
AGENCY billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable
laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual
cost in performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of July 27, 2018 to review, study and/or
prepare relocation plans and estimates for the project associated with this Agreement may be billed
pursuant to the terms and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate the
necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to
terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms
and conditions for terminating the Agreement.
All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the
Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage of
the annual Budget Act by the State Legislature, and the allocation of those funds by the California
Transportation Commission.
OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of the
work described herein.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part
645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the
21s' Century (MAP-21), section 1518, 23 CFR 635.410 requires that all manufacturing processes
have occurred in the United States for steel and iron products (including the application of coatings)
installed on a project receiving funding from the FHWA.
OWNER understands and acknowledges that this project is subject to the requirements of the Buy
America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and
FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s)
from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report
(MTR).
20A-36
UTILITY AGREEMENT
Page 4 of 5
All documents obtained to demonstrate Buy
period of three (3) years from the date of Tina
STATE or FHWA upon request.
UTILITY AGREEMENT NO. COSA-1115
America compliance will be held by the OWNER for a
I payment to the OWNER and will be made available to
One set of copies of all documents obtained to demonstrate Buy America compliance will be attached
to, and submitted with, the final invoice.
This does not include products for which waivers have been granted under 23 CFR 635.410 or other
applicable provisions or excluded material cited in the Department's guidelines for the implementation
of Buy America requirements for utility relocations issued on December 3, 2013.
OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly
relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its
representatives concerning the Buy America Rule requirements for utility relocations within the State
of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in
breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in
compliance with the Guidance.
THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $2,200,000.00
Signatures on Following Page
20A-37
UTILITY AGREEMENT
Page 5 of 5
UTILITY AGREEMENT NO. COSA-1115
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
OWNER:
CITY OF SANTA ANA
APPROVED
By:
Kristine Ridge
City Manager
Date:
A
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
By: '�4 'M,. -f-4_
ohn M. Funk
Assistant City Attorney
RECOMANDED FOR APPROVAL:
By:
Nabil Saba
Executive Director
Public Works Agency
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
APPROVED
By:
James G. Beil, P.E.
Executive Director,
Capital Programs
Date:
IN
James M. Donich
General Counsel
20A-38
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
Page 1 of 5
RW 13-05 (REV 12/2016)
DISTRICT
COUNTY
ROUTE
POST MILE
Project ID
12
Orange
SR-55
6.4/10.2
1200020328
E.A. OJ340
FEDERAL AID NUMBER
OWNER'S PLAN NUMBER
STPLN-6071 129
FEDERAL PARTICIPATION
On the project ® YES ❑ NO
UTILITY AGREEMENT NO. COSA-1117
On the Utilities ® YES ❑ NO
DATE
Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County Transportation
Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a project that proposes
to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55 Improvement Project). Per the
Cooperative Agreement OCTA is the lead agency for Right of Way Acquisition and Utility relocations. The SR-55
Improvement Project proposes to reduce traffic congestion, improve mobility as well as traffic operations to an
existing four mile stretch of SR-55.
City of Santa Ana- Public Works Agency
220 S. Daisy Avenue
Santa Ana, CA 92703
Hereinafter referred to as "OWNER", owns and maintains
water facilities in the City of Santa Ana
within the limits of OCTA's project which requires
relocation of the water control station on Ritchey Street, commonly referred to as SA-7
to accommodate OCTA's project
It is hereby mutually agreed that:
�rON] 0 24111111011 -I =1 Biel 01 =1
In accordance with Notice to Owner No. COSA-1117 dated March 9, 2020, OWNER shall relocate
existing water regulation station on Ritchey Street. All work shall be performed substantially in
accordance with OWNER's Plan No. DWG: 102 dated July 7, 2019 consisting of 1 sheet, a copy of
which is on file in the OCTA office at 550 S. Main Street, Orange, CA 92863-1584.
Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices
to Owner, approved by the OCTA and agreed to/acknowledged by the OWNER, will constitute an
approved revision of the OWNER's plan described above and are hereby made a part hereof. No
work under said deviation shall commence prior to written execution by the OWNER of the Revised
Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in
addition to the revised Notice to Owner.
II. LIABILITY FOR WORK
Existing facilities are located in their present position pursuant to rights superior to those of OCTA
and will be relocated at OCTA expense.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format
information, contact the Forms Management Unit at (916L445 33�T6Y 711, or write to Records and Forms Management,
1120 N Street, MS-89, Sacramento, CA 95814.
UTILITY AGREEMENT
Page 2 of 5
I I =4 a;Iol 7 Pll_10103 X01ATiVel all
UTILITY AGREEMENT NO. COSA-1117
OWNER agrees to cause the herein described work to be performed by a contract with the lowest
qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or cause
to be furnished all necessary labor, materials, tools, and equipment required therefore, and to
prosecute said work diligently to completion.
Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem
expense amounts allowed under the California Department of Human Resources travel expense
guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA personnel
travel per diem. Owner shall also include an explanation why local employee or contract labor is not
considered adequate for the relocation work proposed.
Work performed by OWNER's contractor is a public work under the definition of Labor Code Section
1720(a) and is therefore subject to prevailing wage requirements.
Work performed directly by OWNER's employees falls within the exception of Labor Code Section
1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to
prevailing wages. OWNER shall verify compliance with this requirement in the administration of its
contracts referenced above.
IV. PAYMENT FOR WORK
The OCTA shall pay its share of the actual and necessary cost of the herein described work within 45
days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's
organization and prepared on OWNER's letterhead, compiled on the basis of the actual and
necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and
charged or allocated to the project in accordance with recognized accounting principles.
It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of
OWNER's facilities in the new location and that OWNER shall give credit OCTA for the accrued
depreciation for the replaced facilities and for the salvage value of any material or parts salvaged and
retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
detailed itemized progress bills for costs incurred not to exceed OWNER's recorded costs as of the
billing date less estimated credits applicable to completed work. Payment of progress bills not to
exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of
progress bills which exceed the amount of this Agreement may be made after receipt and approval by
OCTA of documentation supporting the cost increase and after an Amendment to this Agreement has
been executed by the parties to this Agreement.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work
described in Section I above. If OCTA has not received a final bill within 360 days after notification of
completion of OWNER's work described in Section I of this Agreement, and OCTA has delivered to
OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for
OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close
its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining
costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than
360 days after notification of completion of OWNER's work, payment of the late bill may be subject to
allocation and/or approval by the OCTA Board of Directors.
The final billing shall be in the form of a detailed itemized statement of the total costs charged to the
project, less the credits provided for in this Agreement, and less any amounts covered by progress
billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement
without documentation of the reason for the increase of said cost from the OWNER and approval of
documentation by OCTA. Except, if�fipaI bjjlAxceeds the OWNER's estimated costs solely as the
UTILITY AGREEMENT
Page 3 of 5
UTILITY AGREEMENT NO. COSA-1117
result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to
Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost
of this Agreement may be subject to allocation and/or approval by the OCTA Board of Directors.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's
final bill. Any and all increases in costs that are the direct result of deviations from the work described
in Section I of this Agreement, shall have the prior concurrence of OCTA.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of
three years from the date of the final payment and will be available for audit by OCTA and or Federal
auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform
System of Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the extent they are
applicable to OWNER doing work on the project that is the subject of this agreement, the contract
cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23
CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent OCTA and/or Federal audit
determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of
AGENCY billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable
laws, regulations, and ordinances, then OCTA will ensure that OWNER is compensated for actual
cost in performing work under this agreement.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of July 27, 2018 to review, study and/or
prepare relocation plans and estimates for the project associated with this Agreement may be billed
pursuant to the terms and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate the
necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to
terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms
and conditions for terminating the Agreement.
All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the
Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage of
the annual Budget Act by the State Legislature, and the allocation of those funds by the California
Transportation Commission.
OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of the
work described herein.
Such Director's Easement Deeds as deemed necessary by the OCTA will be delivered to OWNER,
conveying new rights of way for portions of the facilities relocated under this Agreement, over
available OCTA owned property outside the limits of the highway right of way.
OCTA's liability for the new rights of way will be at the proration shown for the relocation work
involved under this Agreement.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part
645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the
21s' Century (MAP-21), section 1518, 23 CFR 635.410 requires that all manufacturing processes
have occurred in the United States for steel and iron products (including the application of coatings)
installed on a project receiving funding from the FHWA.
20A-41
UTILITY AGREEMENT
Page 4 of 5
UTILITY AGREEMENT NO. COSA-1117
OWNER understands and acknowledges that this project is subject to the requirements of the Buy
America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and
FHWA guidance, and will demonstrate Buy America compliance by collecting written certification(s)
from the vendor(s) or by collecting written certification(s) from the manufacturer(s) mill test report
(MTR).
All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a
period of three (3) years from the date of final payment to the OWNER and will be made available to
STATE or FHWA upon request.
One set of copies of all documents obtained to demonstrate Buy America compliance will be attached
to, and submitted with, the final invoice.
This does not include products for which waivers have been granted under 23 CFR 635.410 or other
applicable provisions or excluded material cited in the Department's guidelines for the implementation
of Buy America requirements for utility relocations issued on December 3, 2013.
OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly
relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its
representatives concerning the Buy America Rule requirements for utility relocations within the State
of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in
breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in
compliance with the Guidance.
THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $2,400,000.00
Signatures on Following Page
20A-42
UTILITY AGREEMENT
Page 5 of 5
UTILITY AGREEMENT NO. COSA-1117
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
OWNER:
CITY OF SANTA ANA
APPROVED
By:
Kristine Ridge
City Manager
Date:
A
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
By:
n M. Funk
Assistant City Attorney
RECOMANDED FOR APPROVAL:
By:
Nabil Saba
Executive Director
Public Works Agency
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
APPROVED
By:
James G. Beil, P.E.
Executive Director,
Capital Programs
Date:
IN
James M. Donich
General Counsel
20A-43
I-
F-
m
x
X
W
W
LU
i
a
Y
U®
H
P W
LL
za
Q F
W
9 j
0a
C) Q
F
a
c
0
¢chi) m 3 Q�) ai
O ` o
a
cio,�cma.c
L p �
Q w0 Gy O0
Q6),
.O
m x oa
O � a N� L N
Z QQU' N O
0m N-p
U= p.� m
W hm D.0 .m .O�
Q U G~ C O y o O
F o, Q) Ll? m rn Q °c' m
LU 'ma N U a 0 ry U
(0 p (0 .c m
o
cs)o� �Q aca
EL ti w�-Q t �.G h N m
N
O
�
s
Cl-
®
ws
W
.�
W
p �_
F
11L
N
F
N N
~
2
Lo
m
LU
�
LU
I
o
p C
Q
U)
CL
�
N
LL
0
0
0
0
0
0
0
0
fA
N
fA
M
y�
W
0
0
0
0
0
0
0
0
a
m
Lu
®
Z
LL
®
LU
C9
D
Q
U
a
o
F
F
._
CC
EL W
®
N
0
0
N
a
Q
N
L
T