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HomeMy WebLinkAboutCaltrans - Department of Transportation - State of California - 2006-12-18Council/Agency Meeting Held: c2 . ' Deferred/Continued to: -Approved ❑ Conditionally Approved ❑ Denied City rk's gnatu Council Meeting Date: 12/18/2006 Department ID Number: PW 06 079 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CIT COU CIL MEMBERS SUBMITTED BY: PENEOPE CVLBRETH-GRAFT, DP ITY A MINISTRAT R r % PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR P BLIC WORK SUBJECT: Approve Utility Agreements with the State of California Department of Transportation (Caltrans) for the Beach Boulevard Resurfacing Project Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Caltrans will be resurfacing Beach Boulevard which requires resetting the City's water valves and sewer manholes. The Caltrans contractor will perform the work; however, the City utilities are obligated to fund the maintenance. Utility agreements for each component of the work are required. Funding Source: Funds in the amount of $45,600 for the water valves are available in the Water Fund, Water Distribution, Water Services Maintenance, Account No. 50685804. 67685. Funds in the amount of $18,000 for sewer manholes are available in the Sewer Service Charge Fund, Sewer Service Maintenance, Contracts for Repair and Maintenance, Account No. 51185201.64620. Recommended Action: Motion to: 1. Approve and authorize the Mayor and City Clerk to execute the Utility Agreement No. 12- UT-952. - 2. Approve and authorize the Mayor and City Clerk to execute the Utility Agreement No. 12- UT-954. Alternative Action(s): Do not approve the agreements. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/18/2006 DEPARTMENT ID NUMBER: PW 06-079 Analysis: Caltrans will be resurfacing Beach Boulevard (State Route 39), from Main Street to the 1-405. This work will necessitate the vertical relocation of several of the City's water valves and sewer manholes. It is the City's responsibility to relocate these utilities, however Caltrans has agreed to have its contractor perform this work of the City's cost of approximately $63,600 and upon execution of a Utility Agreement.- Caltrans has submitted for the City's execution, Utility Agreement 12-UT-952 for relocation of the City's sewer manholes and Utility Agreement 12-UT-954 for relocation of the City's water valves. Environmental Status: Not applicable. Attachment(s): NumberCity Clerk's Page • Description 1. Utility Agreement No. 12-UT-952 between the City of Huntington Beach and the State of California Department of Transportation. (5 copies) 2. Utility Agreement No. 12-UT-954 between the City of Huntington Beach and the State of California Department of Transportation. (5 copies) -2- 12/4/2006'3:15 PM S . STATE OF CALIFORNIA • DEPARTMENT OFT SPORTATION Page 1 of 3 UTILITY AGREEMENT RW 13-5 (Rev. 10/95) Dist Co Rte KP P.M. EA 12 ORA 39 5.1/93 01-14001 Federal Aid No. Owners File: FEDERAL PARTICIPATION: On the Project ❑ Yes On the Utilities ❑ Yes ® No ® No UTILITY AGREEMENT NO. 12-UT-952 DATE Z % The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to work on the AC Overlay project on State Route 39 (Beach Blvd.) from Main Street to Route 39/405 Separation in the city of Huntington Beach, and the County of Orange and City of Huntington Beach Public Works Department ( Sewer), hereinafter called "OWNER", owns and maintains existing 60 manholes within the limits of STATE'S project, which require relocation to accommodate the STATE'S project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No. 12-UT-952 dated October 17, 2006, STATE shall adjust OWNER's 60 manhole cover facilities along SR39, as shown on STATE's contract plans for the improvement of State Route 39, EA 0114004, which by this reference, are made a part hereof. OWNER hereby acknowledges review of STATE's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the STATE 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 STATE and agreed to/acknowledgment by the OWNER, will constitute an approved revision of 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. OWNER shall have the right to inspect the work by STATE's contractor during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to STATE ownership of the replaced facilities. II. LIABILITY FOR WORK The existing facilities are located with the STATE's right of way under permit and will be relocated at OWNER's expense under the provisions of Section (673)(680) of the streets and highway code. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by STATE, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to STATE's Resident Engineer for their evaluation and final disposition, tJT1L1TY AGREEMENT (Cont.) Page 2'of 3 RW 13-5 (Rev. 10/95) UTILITY AGREEMENT NO. 12-UT-952 IV. PAYMENTS FOR WORK The OWNER shall pay its share of the actual cost of said work included in the STATE's highway construction contract with 90 days after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is $18,000.00. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund to OWNER the difference between said actual cost and the sum of money so advanced. In the event that the actual cost of relocation exceeds the amount of money advanced to STATE, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse STATE said deficient costs upon receipt of an itemized bill as set forth herein. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE's request of March 29 2006.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 STATE's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. Upon completion of the work to be done by STATE in accordance with above -mentioned plans and specifications, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. It is understood that OWNER shall pay interest upon receipt of said advance. The rate of interest shall be the rate of earnings of the Surplus Money Investment Fund and computation shall be in accordance with Section 1268.350 of the Code of Civil Procedure. a UTILITY AGREEMENT (Cont.) i Page 3of3 RW 13-5 UTILITY AGREEMENT NO. 12-UT-952 THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 0.00 . CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. Ho AccountiriR Officer Date ITEM CHAP STAT FY I AMOUNT STATE: FUND TYPE EA AMOUNT Design Funds OH4001 $ 0.00 Construction Funds OH4004 $18,000.00 RW Funds OH4009 $ 0.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. Date District 12 RIW APPROVAL By oe anchola Date 39 Utility Coordinator: OWNER: CITY OF HUNTINGTON BEACH, a municipal-cornoration of the State of DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS: VED AS TO FORM: City A omey - Il�tl -oco APPROV Director o c Works UTILITY COMPLETES: D.? DOCUMENT NUMBER Sl=` ''� DIST UNIT CHG DIST EA SUB JOB SPECIAL DESIGNATION IFFY FA OBJ CODE DOLLAR AMOUNT w 12 12 01-14004 06 6 054 $18, 000.00 EA FUNDING VERIFIED: Si n:> Print> R/W Planning and Management Date Distribution: 3 originals to R/W Program Accounting & Analysis 3 originals returned to R/W Planning & Management REVIEW/REQUEST FUNDING: Si n> Prints Joe Canchola Utili Coordinator Date STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (Rev. 10195) Page t of 3 Dist Co Rte KP P.M. EA 12 ORA 39 5.1/9.3 OH4001 Federal Aid No. Owners File: FEDERAL PARTICIPATION: On the Project ❑ Yes ® No On the Utilities ❑ Yes ® No UTILITY AGREEMENT NO. 12-UT-954 DATE //- /�, . Z)�a The State of California acting by and through the Department of Transportation, hereinafter called `STATE" proposes to work on the AC Overlay project on State Route 39 (Beach Blvd.) from Main Street to Route 39/405 Separation in the city of Huntington Beach, and the County of Orange and City of Huntington Beach Public Works Department ( Water), hereinafter called "OWNER', owns and maintains existing 152 water valve covers within the limits of STATE'S project, which require relocation to accommodate the STATE'S. project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to owner No. 12-UT-954 dated October 17, 2006, STATE shall adjust OWNEWs 152 water valve cover facilities along SR39, as shown on STATE's contract plans for the improvement of State Route 39, EA 0114004, which by this reference, are made a part hereof. OWNER hereby acknowledges review of STATE's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the STATE 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 STATE and agreed to/acknowledgment by the OWNER, will constitute an approved revision of 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. OWNER'shall have the right to inspect the work by STATE's contractor during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to STATE ownership of the replaced facilities. II. LIABILITY FOR WORK The existing facilities are located with the STATE's right of way under permit and will be relocated at OWNER's expense under the provisions of Section (673)(680) of the streets and highway code. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by STATE, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to STATE's Resident Engineer for their evaluation and final disposition. UTILITY AGREEMENT (Cont.) Page 2 of 3 RW 13-5 (Rev. 10/95) UTILITY AGREEMENT NO. 12-UT-954 IV. PAYMENTS FOR WORK The OWNER shall pay its share, of the actual cost of said work included in the STATE's highway construction contract with 90 days after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is 45 600.00. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund, to OWNER the difference between said actual cost and the sum of money so advanced.. In the event that the actual cost of relocation exceeds the amount of money advanced to STATE, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse STATE said deficient costs upon receipt of an itemized bill as set forth herein. V. GENERAL CONDITIONS If STATE's project, which precipitated this Agreement, is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. It is understood that OWNER shall pay interest upon receipt of said advance. The rate of interest shall be the rate of earnings of the Surplus Money Investment Fund and computation shall be in accordance with Section 1268.350 of the Code of Civil Procedure RW 13-5 (Rev. 10195) UTILITY AGREEMENT NO. 12-UT THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 0.00 CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. HQ Accounting Officer Date ITEM CHAP STAT FY AMOUNT STATE: FUND TYPE EA AMOUNT Design Funds OH4001 $ 0.00 Construction Funds OH4004 $45,600.00 RW Funds OH4009 $ 0.00 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. Date District 12 R/W APPROVAL By o anchola Date 39 Utility Coordinator: OWNER: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California IN AND APPRO D hector of Public Works DO NOT WRITE BELOW - FOR ACCOUNTNG PURPOSES ONLY PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS: UTILITY COMPLETES: COIxE DOCUMENT NUMBER i e `=:1PIXM DIST UNIT CHO DIST EA SUB JOB SPECIAL DESIGNATION FFY FA OBJ CODE DOLLAR AMOUNT µ- -'• mm rE_ 12 12 OH4004 06 6 054 $45,600.00 EA FUNDING VERIFIED: REVIEW/REQUEST FUNDING: Si :> Si n> Print> Print> Joe Canchola R/W Planning and Management Date Utility Coordinator Date Distribution: 3 originals to R/W Program Accounting & Analysis 3 originals returned to R/W Planning & Management RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Utility Agreements with Caltrans for the Beach Boulevard Resurfacing Project COUNCIL MEETING DATE: December 18, 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 Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) t Applicable El Subleases, Third Party Agreements, etc. VAttached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable ID Staff Report (If applicable) Attached ❑ Not Applicable ED Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable El Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable mznzmmmmMEMMEMMM 1\Lv[LrYLv 11I Administrative Staff Deputy City Administrator (Initial) City Administrator (Initial) City Clerk RCA Author: T Broussard x 5247 Esparza, Patty l ,�P17+-i �,Z�dtc�sS6iv� Full Name: Joe Canchola Last Name: Canchola First Name: Joe Job Title: Utility Coordinator Company: Caltrans Business Address: 3337 Michelson Dr. Suite CN380 Irvine, CA 92612-1699 Business: (949) 724-2670 Business Fax: (949) 724-2411 E-mail: joe_canchola@dot.ca.gov E-mail Display As: joe_canchola@dot.ca.gov Maintenance Agreement for Beach Blvd. (Adjust SMH and Water Valves) Fee C TY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC January 2, 2007 Joe Canchola, Utility Coordinator State of California Department of Transportation 3337 Michelson Drive, Suite CN380 Irvine, CA 92612-1699 Dear Mr. Canchola: Enclosed please find five originals each for Utility Agreement No. 12-UT-952 and Utility Agreement No. 12-UT-954 for the Beach Boulevard Resurfacing Project requiring the resetting of the City's water valves and sewer manholes between Main/Ellis Streets and the 1-405: Upon execution by the Caltrans, please return a complete copy to: Joan L. Flynn City Clerk 2000`Main Street HuntingtonBeach CA 92648. Your attention to this matter is greatly appreciated. Sincerely, 'o � 0�- Joan L. Flynn City Clerk JF:pe Enclosure: Agreements G:fo1Iowup:agrmt1tr (.Telephone: 714536-5227 )