Loading...
HomeMy WebLinkAboutState of California - Department of Transportatio (Caltrans) - 2006-06-05 7- rt E�0 P- 2006 MAY 24 R 6: 55 '. L ­7 y A CFj Council/Agency Meeting Held: Deferred/Continued to: )3(-Approved LJ Conditionally Approved L3 Denied 16W City rk's,$ignatue L/ Council Meeting Date: June 5, 2006 Department ID Number: PW 06-35 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: P"ELOPLJ CU=LBRETH-&R�AF , Cl ISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRE OR UBLIC LIC W WORK SUBJECT: Caltrans Agreement for the Positive Location of Underground Utilities Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: An agreement between the City and the State of California Department of Transportation (Caltrans) has been drafted for the positive location of underground utilities within Caltrans' right-of-way. Funding Source: No funding necessary for this action. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Agreement by and between the City of Huntington Beach and the State of California for the positive location of underground utilities. Alternative Action(s): Do not approve the agreement and direct staff on how to proceed. REQUEST FOR ACTION MEETING DATE: June 5, 2006 DEPARTMENT ID NUMBER:PW 06-35 Analysis: The City owns, operates and maintains certain utilities within Caltrans' right-of-way. Caltrans has an upcoming project that necessitates the location of all of the utilities within its right-of-way. Caltrans asserts that it is the City's responsibility to provide positive location of these utilities; however, Caltrans has offered to take on this responsibility at its cost. Therefore, Caltrans has requested that the City execute an agreement that would allow them to locate the City's utilities within its right-of-way at its sole cost. Public Works staff supports this request. Public Works Commission Action: Not required. Environmental Status: Not Applicable. Attachment(s): City Clerk's . - Number No. Description 1. Agreement for the Positive Location of Underground Utilities GAR C A\2006\06-035 June 5 Broussard (Caltrans Pothole Agreement).doc -2- 5/19/2006 2:40 PM ATTACHMENT # 1 AGREEMENT FOR THE POSITIVE LOCATION OF UNDERGROUND UTILITIES Date: April , 2006 PARTIES: 1. State of California,acting by and through the Department of Transportation("Department"). "Department" includes the Department,its officers,agents,employees and contractors. 2. City of Huntington Beach Public Works Dept ("Owner"). "Owner" includes the Owner,its officers,agents, employees and contractors. RECITALS: A.Owner owns,operates or maintains underground utility facilities in the State of California B. In order to facilitate the planning, design and construction of Department's projects and to ensure the safety of the traveling public, the horizontal and vertical location and/or apparent visual condition of underground utilities must periodically be confirmed. These activities and their results are known as"positive location", and are more commonly referred to as "potholes". Where referred to in this agreement, such positive location operations include but are not limited to:vacuum extraction excavation,electronic detection,probing,external and internal video inspection. C. In general, utility owners have been responsible for performing such positive location activities, with the cost of such activities apportioned as provided by California law,Master Contracts or Department's policies. D.Department's needs frequently require the positive location of underground utilities more expeditiously than Owner can readily or economically provide. E.Department is willing to assume control of the operation and cost of such positive location of underground utilities on a test basis to facilitate Department's needs from time to time as provided herein; and to determine if assuming the cost and operation of this work creates sufficient benefit to the Department to justify continuing the practice. THEREFORE: 1. This agreement is made and executed by the parties hereto pursuant and subject to the provisions of Sections 680.5 and 707.5 of the Streets and Highways Code. It shall govern exclusively the determination of the obligations and costs to be borne by each party hereto in regard to work described herein in lieu of determination under the provisions of Sections 673, 680 and 700 to 707, inclusive, of said Streets and Highways Code, as now or hereafter existing, or under any other laws applicable to said subject matter. This agreement shall apply throughout the State of California to all of the Department's projects and related activities. It is not intended to, and shall not, establish any precedent,principle, rule or guide to interpretation,as between the parties hereto after its termination or as between either of the parties hereto and any third party at any time,and may be terminated at any time as provided herein. 2. The work to be performed under this agreement is limited to the work necessary to positively determine the horizontal and vertical location and/or apparent visual condition of the Owner's utility facilities with the degree of accuracy necessary to meet the Department's requirements. All work under this agreement shall be preceded by the delivery of a written notification to Owner by Department. 3. This agreement does not apply to the relocation,rearrangement, removal or protection of utility facilities. 4. When the work described in this agreement is performed by the Department,the cost of the work shall be borne by the Department. The Owner shall provide confirmation in the field of the identity and typical characteristics(including size, material,contents,pressure or capacity)of Owner's exposed utility facility and related activities, including but not limited to,inspection services at no expense to the Department,in accordance with the Department's time schedule. CA2009 MASTER CONTRACTSiPOSMVE LOCATION AGREEMENTAOC Agreement For The Positive Location Of Underground Utilities Page 2 5. It is anticipated that the work described in this agreement will be performed by the Department through the services of a contractor. In those instances when the Department chooses not to perform the work, the Department will issue a "Notice To Owner" ordering the Owner to diligently perform the work in accordance with Department's reasonable time schedule included in the Notice To Owner, and the Department will bear the cost of the work per separate agreement if the work is completed within the Department's time schedule. The Owner shall allocate sufficient staff and resources to meet all schedules established for the project design and construction work. Should the Owner not meet Department's schedule,Department shall have the right and option to perform such work to maintain Department's schedule. 6.The Owner may choose to perform certain positive location work itself,pursuant to prompt notification to Department of Owner's intention. When the Owner so elects to perform such work the cost of the work shall be borne by the Department in the same amount as the unit cost for such work by the Department's contractor for the District area. If no such contract exists at the time, cost shall be the most recent such contract cost for the District area. Department will issue a Notice to Owner ordering the Owner to diligently perform the work in accordance with Department's reasonable schedule included in the Notice to Owner. The Owner shall allocate sufficient staff and resources to meet all schedules established for the project design and construction work. Should the Owner not meet Department's schedule, Department shall have the right and option to perform such work to maintain Department's schedule. 7 It is intended that all work under this agreement performed by the Department shall be performed using the vacuum extraction method, hand excavation or comparable methods acceptable to the Owner and the Department. Electronic detection may also be used in conjunction with, and when confirmed by, vacuum extraction at the Department's option. Other machine methods may only be used to remove paving materials. Machine methods used by Department for any other purpose will require the concurrence and on-site observation of Owner. 8. Owner grants to Department, immediately upon receipt of notification, in accordance with the Department's time schedule, permission to perform positive location of Owner's facilities within Owner's private rights of way, wherever located. Owner retains the right to require reasonable controls and restrictions. Such controls and restrictions shall be promptly provided to the Department in writing. 9. Upon the completion of the work performed under this agreement,Department shall restore the work site to as good a condition as that found when the work commenced. 10.Department shall defend, indemnify and hold Owner harmless from any death,injury, or property claims made by any person which materially arise from work performed by the Department,its employees,agents and contractors pursuant to this agreement. Owner shall defend, indemnify and hold Department harmless from any death, injury,or property claims made by any person which materially arise from work performed by the Owner, its employees, agents and contractors pursuant to this agreement. 11. This agreement eliminates and replaces any previous agreement between the parties, or portions thereof, regarding positive location activities("potholing"). 12.This agreement may be amended,changed or altered by mutual consent of the parties hereto in writing. 13.This agreement may be terminated by either party upon ninety(90)days written notice. 14. Time shall be of the essence of this agreement. =0001MASTER CONTRACTSIPOSITWE LOCATION AGREEMENT.00C Agreement For The Positive Location Of Underg�ound Utilities Page 3 Owner- Date Title- Lome Wilson,Chief Date Utility Relocation Branch Right of Way Department of Transportation CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City e P ROVED AS TO FORM: rY1 City Attorney �-�'•�J'6lv ED APPROV Director o ublicWorks DISTRIBUTION: Two Original Counterparts: One Counterpart to Department—Right of Way H.Q. One Counterpart to Owner C:UOMMASTER CONTRACTSIPOSITME LOCATION AGREEMENT.DOC AGREEMENT FOR THE POSITIVE LOCATION OF UNDERGROUND UTILITIES Date: April , 2006 PARTIES: 1.State of California,acting by and through the Department of Transportation("Department"). "Department" includes the Department,its officers,agents,employees and contractors. 2. City of Huntington Beach Public Works Dept ("Owner"). "Owner" includes the Owner, its officers,agents, employees and contractors. RECITALS: A.Owner owns,operates or maintains underground utility facilities in the State of California. B. In order to facilitate the planning, design and construction of Department's projects and to ensure the safety of the traveling public, the horizontal and vertical location and/or apparent visual condition of underground utilities must periodically be confirmed. These activities and their results are known as "positive location", and are more commonly referred to as "potholes". Where referred to in this agreement, such positive location operations include but are not limited to:vacuum extraction excavation,electronic detection,probing,external and internal video inspection. C. In general, utility owners have been responsible for performing such positive location activities, with the cost of such activities apportioned as provided by California law,Master Contracts or Department's policies. D.Department's needs frequently require the positive location of underground utilities more expeditiously than Owner can readily or economically provide. . E.Department is willing to assume control of the operation and cost of such positive location of underground utilities on a test basis to facilitate Department's needs from time to time as provided herein;and to determine if assuming the cost and operation of this work creates sufficient benefit to the Department to justify continuing the practice. THEREFORE: 1. This agreement is made and executed by the parties hereto pursuant and subject to the provisions of Sections 680.5 and 707.5 of the Streets and Highways Code. It shall govern exclusively the determination of the obligations and costs to be borne by each party hereto in regard to work described herein in lieu of determination under the provisions of Sections 673,680 and 700 to 707, inclusive, of said Streets and Highways Code, as now or hereafter existing, or under any other laws applicable to said subject matter. This agreement shall apply throughout the State of California to all of the Department's projects and related activities. It is not intended to, and shall not, establish any precedent,principle, rule or guide to interpretation,as between the parties hereto after its termination or as between either of the parties hereto and any third party at any time,and may be terminated at any time as provided herein. 2. The work to be performed under this agreement is limited to the work necessary to positively determine the horizontal and vertical location and/or apparent visual condition of the Owner's utility facilities with the degree of accuracy necessary to meet the Department's requirements. All work under this agreement shall be preceded by the delivery of a written notification to Owner by Department. 3.This agreement does not apply to the relocation,rearrangement,removal or protection of utility facilities. 4. When the work described in this agreement is performed by the Department,the cost of the work shall be borne by the Department. The Owner shall provide confirmation in the field of the identity and typical characteristics(including size, material,contents,pressure or capacity)of Owner's exposed utility facility and related activities, including but not limited to, inspection services at no expense to the Department,in accordance with the Department's time schedule. C-MOO1MASTER CONmcTs%POSITNE LOCATION AGREEMENTAOC Agreement For The Positive Location Of Underground Utilities Page 2 - 5. It is anticipated that the work described in this agreement will be performed by the Department through the services of a contractor. In those instances when the Department chooses not to perform the work, the Department will issue a "Notice To Owner" ordering the Owner to diligently perform the work in accordance with Department's reasonable time schedule included in the Notice To Owner, and the Department will bear the cost of the work per separate agreement if the work is completed within the Department's time schedule. The Owner shall allocate sufficient staff and resources to meet all schedules established for the project design and construction work. Should the Owner not meet Department's schedule,Department shall have the right and option to perform such work to maintain Department's schedule. 6. The Owner may choose to perform certain positive location work itself,pursuant to prompt notification to Department of Owner's intention. When the Owner so elects to perform such work the cost of the work shall be borne by the Department in the same amount as the unit cost for such work by the Department's contractor for the District area. If no such contract exists at the time, cost shall be the most recent such contract cost for the District area. Department will issue a Notice to Owner ordering the Owner to diligently perform the work in accordance with Department's reasonable schedule included in the Notice to Owner. The Owner shall allocate sufficient staff and resources to meet all schedules established for the project design and construction work. Should the Owner not meet Department's schedule, Department shall have the right and option to perform such work to maintain Department's schedule. 7 It is intended that all work under this agreement performed by the Department shall be performed using the vacuum extraction method, hand excavation or comparable methods acceptable to the Owner and the Department. Electronic detection may also be used in conjunction with, and when confirmed by, vacuum extraction at the Department's option. Other machine methods may only be used to remove paving materials. Machine methods used by Department for any other purpose will require the concurrence and on-site observation of Owner. 8. Owner grants to Department, immediately upon receipt of notification, in accordance with the Department's time schedule, permission to perform positive location of Owner's facilities within Owner's private rights of way, wherever located. Owner retains the right to require reasonable controls and restrictions. Such controls and restrictions shall be promptly provided to the Department in writing. 9. Upon the completion of the work performed under this agreement, Department shall restore the work site to as good a condition as that found when the work commenced. 10.Department shall defend,indemnify and hold Owner harmless from any death,injury,or property claims made by any person which materially arise from work performed by the Department,its employees,agents and contractors pursuant to this agreement. Owner shall defend, indemnify and hold Department harmless from any death, injury,or property claims made by any person which materially arise from work performed by the Owner, its employees, agents and contractors pursuant to this agreement. 11. This agreement eliminates and replaces any previous agreement between the parties, or portions thereof, regarding positive location activities("potholing"). 12.This agreement may be amended,changed or altered by mutual consent of the parties hereto in writing. 13.This agreement may be terminated by either party upon ninety(90)days written notice. 14. Time shall be of the essence of this agreement. C.120001MASTER CONTRACTSIPOSITNE LOCATION AGREEMENTAOC Ag eement For The Positive Location Of Underground Utilities Page 3 Owner- Date Title- Lome Wilson,Chief Date Utility Relocation Branch Right of Way Department of Transportation CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ` n City erk AP OVED AS TO FORM: rill City Attorney L ��'•(� �O T D APPROVED: Director of PublicWorks DISTRIBUTION: Two Original Counterparts: One Counterpart to Department—Right of Way H.Q. One Counterpart to Owner C:1MO MASTER CONTRACTSWOSITWE LOCATION AGREEMENT.00C RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Caltrans Agreement for the Positive Location of Underground Utilities COUNCIL MEETING DATE: June 5, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Attached Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attome ) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable ❑ (Approved as to form by City Attome ) Certificates of Insurance (Approved b the CityAttome Attached ❑ y y) Not Applicable ❑ Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑ Bonds (If applicable) Attached ❑Not Applicable ❑ Attached ❑ Staff Report (If applicable) Not Applicable ❑ Commission, Board or Committee Report If applicable) Attached ❑ p ( PP ) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached Find ings/Cond ❑ g pp Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED ' Administrative Staff ( ) Assistant City Administrator Initial City Administrator Initial ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: T. Broussard [ , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 7,2006 Ricky Rodriguez Department of Transportation Southern Right of Way Region District 12 R/W Field Office 3337 Michelson Drive, Suite 380 Irvine, CA 92612-8894 Dear Mr. Rodriguez: Enclosed are two executed Agreements between the State of California, Department of Transportation and the City of Huntington Beach for the Positive Location of Underground Utilities. After the Agreement has executed, please mail one original back to my attention at the above address to complete our files. You assistance is greatly appreciated. Sincerely, Joan L. Flynn City Clerk Enclosure: Agreements G:followup:agrmtltr (Telephone:714-536-5227)