HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) - 2016-05-02 (3) Dept. ID PW 16-019 Page 1 of 2
Meeting Date:5/2/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
R
MEETING DATE: 5/2/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve and authorize execution of the Orange County Transportation Authority
(OCTA) Preliminary Engineering Agreement for the relocation of three (3) City of
Huntington Beach Water Pipelines as part of the Interstate 405 (1-405) Freeway
Improvement Project
Statement of Issue:
The Orange County Transportation Authority (OCTA) in cooperation with California Department of
Transportation (Caltrans) is proposing to improve Interstate 405 between State Route 73 and
Interstate 605. As a part of this project, OCTA will need to relocate or modify three (3) existing City
of Huntington Beach Water Pipelines. The Preliminary Engineering Agreement allows OCTA to
reimburse the City of Huntington Beach for actual preliminary engineering, utility relocation studies,
and expenses for utility studies. The Preliminary Engineering Agreement outlines the terms and
conditions for the reimbursement to the City of Huntington Beach.
Financial Impact:
The Preliminary Engineering Agreement allows OCTA to reimburse the City of Huntington Beach
for all actual preliminary engineering, utility relocation studies, or expenses for utility studies. The
total cost for preliminary engineering for the three (3) potable water pipelines is estimated at
$34,154.
Recommended Action:
Authorize the Mayor and City Clerk to execute the "Orange County Transportation Authority
Preliminary Engineering Agreement."
Alternative Action(s):
Reject the Preliminary Engineering Agreement and provide direction to staff.
Analysis:
The Interstate 405 (1-405) Freeway Improvement Project has been developed by OCTA in
cooperation with Caltrans and local agencies to improve capacity and facility operations between
State Route 73 and Interstate 605. The project is primarily funded by Renewed Measure M (M-2)
and has been approved for a design-build approach. As a part of this project, three (3) existing
potable water pipelines will require relocations and/or modifications. These potable water pipelines
are located at Newland Street and the 1-405, Edinger Avenue and the 1-405, and at Sugar Avenue
and the 1-405.
Item 10. - 1 HB -130-
Dept. ID PW 16-019 Page 2 of 2
Meeting Date:5/2/2016
Staff has worked with OCTA staff to create preliminary engineering design plans for the relocation
and/or modification of existing City potable water facilities. The final engineering design plans will
be provided by the OCTA Design-Build Contractor.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Location Maps
2. Two (2) sets of Orange County Transportation Authority Preliminary Engineering Agreement
No. UK 040001
xB -]')I- Item 10. - 2.
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Transmittal No TRN-000036 Date 5/27/2016
PROJECT: 1-405 Improvement Project
To City of Huntington Beach
ATTN. Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach,CA 92648
From: HNTB
Subject Preliminary Engineering Agreement—Executed
#of Copies Attached. 1
Description
Signed Preliminary Engineering Agreement(PEA) covering conflicts 11131103, HB1106 and HB1241
attached for your use
Enclosed.
❑ Letter ❑ Plans ❑ Specifications
❑ Change Order ® Other- PEA
Submitted For.
❑ Approval ❑ As Requested ® Your Use
❑ Review and Comment ❑ Other-Signature
Signed By: Vice President Sent Date: 5/27/2016
(name) (title)
L�
' OCTA
ORANGE COUNTY TRANSPORATION AUTHORITY
PRELIMINARY ENGINEERING AGREEMENT
DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID
12 Orange 1-405 9 3—24 2 12- 1200000180
OH 1000
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
HPLULN-6071(043) N/A
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ❑ YES ® NO
PRELIMINARY ENGINEERING AGREEMENT NO. UK040001 DATE
The Orange County Transportation Authonty (OCTA) in cooperation with the California
Department of Transportation ("Caltrans") is proposingto o improve Interstate 405 between State Route 73
and Interstate 605 OCTA and Caltrans have entered into Cooperative Agreement Number 12-697 relating
to the Project under which Caltrans will provide Project oversight and upon completion of the Project,
Caltrans will continue to own and maintain the Interstate 405
City of Huntington Beach
Hereinafter referred to as "OWNER", owns and maintains
the facilities listed in City of Huntington Beach Exhibit A (the "Utility Facilities")
within the limits of the OCTA Project which requires
preliminary engineering activities and studies
to accommodate OCTA's Project
It is hereby mutually agreed between OCTA and OWNER as follows
I. WORK TO BE PERFORMED
In accordance with the Notice to Owner No's listed in City of Huntington Beach Exhibit A
dated February 18, 2016, Owner shall prepare preliminary engineering utility relocation
studies for the utility relocation work on the following Design Build project. Interstate 405
between State Route 73 and Interstate 605 (Project) Any revision to the Owner's
preliminary engineering studies, after approval by OCTA shall be agreed upon by both
parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner,
approved by OCTA and agreed to/acknowledged by the OWNER, will constitute an
approval revision of the OWNER's preliminary engineering studies described above and
are hereby made a part hereof. No redesign or additional engineering, after approval by
OCTA, shall commence prior to written execution by the OWNER of the Revised Notice
to Owner and may require an amendment to this agreement in addition to the Notice to
Owner.
01-25-2016
PRELIMINARY ENGINEERING AGREEMENT Page 2 of 6
PRELIMINARY ENGINEERING AGREEMENT NO
UK040001
II. LIABILITY FOR WORK
OCTA shall pay all actual preliminary engineering utility relocation studies expenses
for utility studies according to the Pilot Program approved by the Department of
Transportation on the Design Build project 1n the letter dated October 27, 2015
III. PERFORMANCE OF WORK
Engineering services for preliminary engineering utility relocation activities and studies are
to be furnished by the consulting engineering firm on a fee basis previously approved by
OCTA Cost principles for determining the reasonableness and allowability of consultant
costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31, 23 CFR,
Chapter 1, Part 645, and OMB Circular A-87, as applicable
Engineering services for preliminary engineering are to be furnished by the Utility Owner and
approved by OCTA Cost principles for determining the reasonableness and allowability of
OWNER's costs shall be determined in accordance with 48 CFR, Chapter 1, Part 31, 23 CFR,
Chapter 1, Part 645, and 18 CFR, Chapter 1, Parts 101, 201 and OMB Circular A-87, as
applicable
Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses)
will not be allowed without prior written authorization by OCTA's representative. Requests
for such authorization must be contained in OWNER's estimate of actual and necessary
relocation costs Accounting Form FA-1301 is to be completed and submitted for all non-
State personnel travel per diem OWNER shall include an explanation why local employee or
contract labor is not considered adequate for the relocation work proposed. Per Diem
expenses shall not exceed the per diem expense amounts allowed under the State's
Department of Personnel Administration travel expense guidelines.
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 initial, estimated cost of the Owner's preliminary engineering utility relocation studies is
Thirty-Four Thousand One Hundred and Fifty-Four Dollars ($34,154 00) Final actual costs
12-02-2015
PRELIMINARY ENGINEERING AGREEMENT Page 3 of 6
PRELIMINARY ENGINEERING AGREEMENT NO
UK040001
may be more or less than such estimate, which will not be construed as a limitation of costs
for the preliminary engineering.
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 incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the California
Public Utilities Commission, Federal Energy Regulatory Commission or Federal
Communications Commission,whichever is applicable
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 to OCTA for
the accrued depreciation of 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 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 it
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the
work described 1n 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 OCTA
The final billing shall be in the form of an 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 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 OCTA .
12-02-2015
PRELIMINARY ENGINEERING AGREEMENT Page 4 of 6
PRELIMINARY ENGINEERING AGREEMENT NO
UK040001
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 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 Owner agrees to comply with Contract Cost Principles and
Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq , 23 CFR, Chapter 1, Part 645
and/or 18CFR, Chapter 1, Parts 101, 201, et al , 2 CFR Part 200 et al , to the extent they are
applicable
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of March 10, 2015 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. Such terns
will include OCTA's agreement to pay all costs incurred by Owner in its performance of
preliminary engineering and study work upon the submissions of invoices
OWNER shall submit a Notice of Completion to 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 21" 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
This Agreement is for preliminary design and as such, OCTA represents and warrants that
this Agreement is not subject to 23 CFR 635 410, the Buy America provisions
12-02-2015
PRELIMINARY ENGINEERING AGREEMENT Page 5 of
PRELIMINARY ENGINEERING AGREEMENT NO
UK040001
It is expressly understood by the Parties that Owner is not, in executing this Agreement,
abandoning any pre-existing right, title or interest it may have in any land or facilities, all
such rights, title and interest being expressly reserved
The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto
THE ESTIMATED COSTS TO OCTA FOR ITS SHARE OF THE ABOVE DESCRIBED
WORK IS $34,154.
Signatures on Following Page
12-02-2015
PRELIMINARY ENGINEERING AGREEMENT Page 6 of 6
PRELIMINARY ENGINEERING AGREEMENT NO
UK040001
SIGNATURE PAGE
TO
PRELIMINARY ENGINEERING AGREEMENT NO.
UK040001
IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below
Owner
CITY OF HUNTINGTON BEACH ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
APPROVED
By: By
yor Ji it
Xcutive Director,
poital Pr gra
Date: ,'� ,�f a(�/ Date L
APPROVED AS TO FORM APPROVED AS TO FORM
By: By C �v✓
7tC
chael Gates 0p o J j?,0tWo James M Domch
y Attorney General Counsel
Date/oZ0/( Date S [Sq hu
By
Joan Flynn
City Clerk
Date- /,�/ oZ0/6
12-02-2015
City of Huntington Beach
Exhibit A
Estimated
Notice to Owner Relocation Notice to Conceptual Preliminary Cost
Number/Conflict Claim Letter Owner Utility Relocation Engineering Share OCTA Cost
Number Date Date Sheet No Description Disposition Costs Liability Share
HB1103 3/10/2015 2/18/2016 14 8" Water in 14" Steel Casing Extend encasement $ 9,293.22 100% $ 9,293.22
HB1106 3/10/2015 2/18/2016 11 22" Water in 30" Steel Casing Relocate $ 15,567.26 100% $ 15,567.26
HB1241 3/10/MIS 2/18/2016 11, 12 12" Water in 24" Steel Casing Relocate $ 9,29322 100% $ 9,29322
$ 34,153.70 $34,153 70
Updated on March 18, 2016 Page 1 of 1
City of Huntington Beach
J ` 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
' Joan L. Flynn, City Clerk
May 10, 2016
Kelly Lumen, P.E.
HNTB Corporation
200 E. Sandpointe Ave., Ste. 200
Santa Ana, CA 92707
Dear Ms. Lumen:
Enclosed are two originals of"Orange County Transportation Authority Preliminary
Engineering Agreement."
Upon complete execution, please return one original to us. Please mail the document to:
Joan L. Flynn
City Clerk
2000 Main Street
Huntington Beach CA 92648
Feel free to contact me if there are any questions or concerns at (714) 536-5404.
Thank you very much for your assistance.
Sincerely,
J n L. Flynn, CIVIC
City Clerk
JF:pe
Enclosures
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