HomeMy WebLinkAboutOrange County Transportation Authority (OCTA) - 2018-10-15 r'
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City of Huntington Beach
File #: 18-364 MEETING DATE: 10/15/2018
REQUEST FOR CITY COUNCIL ACTION
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
Subiect:
Approve and authorize execution of Orange County Transportation Authority's (OCTA) Utility
Agreement No. UK048088 for the relocation of the City of Huntington Beach Sugar Drive Water
Pipeline, CC-1585, for the 405 Widening Project
Statement of Issue:
The Orange County Transportation Authority (OCTA) in cooperation with the 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 the City of Huntington Beach
potable water pipeline located on Sugar Drive Pipe, CC-1585, adjacent to the McFadden Avenue
overpass at the 1-405 highway. This Utility Agreement (UA) acknowledges that the City has prior
rights for this pipeline, which obligates OCTA to pay for the relocation.
Financial Impact:
The UA allows OCTA to reimburse the City for all actual engineering review, inspection, staff time,
and other expenses incurred during the construction of this pipeline. Staff has estimated the total
costs of the relocation to the City of Huntington Beach at $11 ,906. These costs are included in the
FY 18-19 budget under business unit 50685201 . These costs will be reimbursed by OCTA on a time
and material basis as invoiced by City Staff at the time the services are provided. The UA also
requires the City to provide a credit to OCTA for the depreciation of pipeline being replaced. The
depreciation credit for the Sugar Drive pipeline is $721. The UA subtracts the depreciation credit
from the estimate of expenses that will be incurred by the City, to obtain a total cost to OCTA.
Recommended Action:
Authorize the Mayor and City Clerk to execute "Orange County Transportation Authority Utility
Agreement UK048088" and to return all signed original agreements to OCTA for their final approval.
Alternative Action(s):
Do not authorize the Utility Agreement and direct staff with an alternate action.
Analysis:
City of Huntington Beach Page 1 of 2 Printed on 10/10/2018
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File #: 18-364 MEETING DATE: 10/15/2018
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 relocation 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 Drive (McFadden Avenue) and the 1-405. On February 6, 2017,
the Huntington Beach City Council approved two similar Utility Agreements for the pipelines located
on Newland Street and on Edinger Avenue.
The pipeline relocation on Sugar Drive is entirely within the City of Huntington Beach right-of-way.
Since the relocation of the Sugar Drive pipeline is solely for the convenience of the OCTA project,
OCTA is responsible for the costs associated with the pipeline relocation. The final engineering
design plans will be provided by OCTA's Design-Build contractor.
The following table summarizes the calculation of reimbursements to the City.
Description OCTA Utility Estimated City's Depreciation Credit Net Estimated
Agreement Engineering Calculated per Costs to OCTA
No. /City Inspection, and Chapter 13 of the = A - B
Project CC# Water Utility State High Way
Cost Manual S&H Code 705
(Reimbursable) Credit to OCTA (Cost
"A" to City) "B"
8-inch Pipe in UK048088 /C $11,906.06 $721.00 $11,185.06
Sugar Ave. C1583
(McFadden & I-
405)
This agenda item does not require Public Works Commission Action.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Strengthen economic and financial sustainability
Attachment(s):
1 . Location Map
2. Two (2) sets of Orange County Transportation Authority Utility Agreement No. UK 048088.
3. Depreciation Credit for the Sugar Drive Pipeline, UK 048088.
4. City of Huntington Beach Estimate of Cost to Relocate the Sugar Drive Pipeline.
City of Huntington Beach Page 2 of 2 Printed on 10/10/2018
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Project Location
Location Map:
OCTA Caltrans relocation of 8-inch Sugar Drive Water Pipeline
OCTA Utility Agreement No. UK-048088
NORTH
NO SCALE
98
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID
12 Orange 1-405 9.3 24.2 12-OH l 000 1200000180
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
I PLULN-6071(043) N/A
FEDERAL PARTICIPATION
On the project ® YES ❑ NO On the Utilities ❑ YES ® NO
UTILITY AGREEMENT NO. UK048088 DATE j//Il /
The Orange County Transportation Authority (OCTA) in cooperation with the California Department of
Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73 and Interstate 605
(Project). OCTA and Caltrans have entered into Cooperative Agreement No. 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 Huntin6ton Beach
Hereinafter referred to as "OWNER", owns and maintains the following(the "Utility Facilities")
• 8-inch Asbestos Cement (AC) water pipeline at the intersection of Sugar Avenue and Shasta
Lane
within the limits of the OCTA Project which requires
relocation
to accommodate the OCTA Project.
It is hereby mutually agreed between OCTA and OWNER as follows:
I. WORK TO BE PERFORMED
In accordance with Notice to Owner No's UK048088 dated 08/20/2018. OCTA shall relocate
OWNER's Utilities Facilities as shown on OCTA's contract plans for the improvement of
Interstate 405, EA 12-OHI 000 which by this reference are made a part hereof. OWNER hereby
acknowledges review of OCTA's plans for work and agrees to the construction in the manner
proposed. Deviations frorn the plan described above initiated by either 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 OCTA and agreed to/acknowledged by the OWNER, will
constitute an approved revision of the 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 during construction. Upon completion of the work by OCTA, OWNER agrees to
accept ownership and maintenance of the constructed facilities and relinquishes to OCTA
ownership of the replaced facilities, except in the case of liability determined pursuant to Water
Code 7034 or 7035.
04-25-201 6
UTILITY AGREEMENT (Cont.) Page of
UTILITY AGREEMENT NO.
U K048088
II. LIABILITY FOR WORK
Existing facilities are located in their present position pursuant to rights superior to those of
STATE and will be relocated at OCTA expense.
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by OCTA, as
described in Section l above, for the purpose of inspection to ensure that the work is in
accordance with the specifications contained in the OCTA Contract; however, all questions
regarding the work being performed will be directed to OCTA's Resident Engineer for their
evaluation and final disposition.
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 California Department of Human
Resources(CalHR)travel expense guidelines.
Work performed directly by OWNER's employees shall comply with Labor Code Section
1771. OWNER shall verify compliance with this requirement in the administration of its
contracts referenced above.
IV. PAYMENT FOR WORK
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 progress bills itemized for costs incurred not to exceed OWNER's recorded costs as
04-25-2016
UTILITY AGREEMENT (Cont.) Page of
UTILITY AGREEMENT NO.
U K048088
of the billing dateless 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 1 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.
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 1, 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.
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 final payment and will be available for audit by State 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 Part 101, 201, et al.,
and,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,
Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent State
and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse
OCTA upon receipt of OCTA 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.
04-2 5-2016
UTILITY AGREEMENT (Cont.) rage 4 ors
UTILITY AGREEMENT NO.
UK048088
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of May 18,2018 to review; study
and/or prepare relocation plans and estimates for the project associated with this Agreement
may be billed pursuant to the tenns 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.
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 st 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.
If. in connection with OWNER's performance of the Work hereunder, OCTA provides to
OWNER any materials that are subject to the Buy America Rule, OCTA acknowledges and
agrees that OCTA shall be solely responsible for satisfying any and all requirements relative
to the Buy America Rule concerning the materials thus provided (including, but not limited
to, ensuring and certifying that said materials comply with the requirements of the Buy
America Rule).
OWNER will provide a no fee encroachment permit to OCTA's Design-Builder prior to
commencing construction of Project. Provided all conditions of such permit have been
fulfilled, the pen-nits shall authorize Design-Builder to commence work within OWNER right
of way, and areas which affect OWNER facilities.
OWNER will review and/or the submitted Project plans within a period of four(4) weeks.
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 $11,1.85.06.
Signatures on Following Page
04-25-2016
UTILITY AGREEMENT (Cont.) page 5 of 5
UTILITY AGREEMENT NO.
U K048088
SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.
UK048088
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:
Mayor Jim
E tive Director,
/O ��`�� ital Pr gra s
Date: Date:
APPROVED AS TO FO APPROVED AS TO FORM:
By: By:
ichael Gates James M. Donich
City Attorney General Counsel
Date: Date: l l b
By:
Ro in Estanislau
City Clerk
Date: �O - Z
04-25-2016
O;Ar COUNTY I IIDIITE TOTAL MPROJECf S xP. SHEETS
2, Oro,LA 405'605
NOTE: CONSTRUCTION NOTES:
enxne ,E,T,u,.
1.FOR COMPLETE RIGHT OF WAY AND ACCURATE ACCESS DATA, a POINT OF CONNECTION TO EXISTING PIPE. REGI E ED CIVIL ENGINEER DATE
" SEE RIGHT OF WAY RECORD MAPS AT DISTRICT OFFICE. 4 u.SE w.},
Exist WATER SERVICE AND METER CONSTRUCT 8"PVC WATER MAIN PER COHB Std PLAN No.606. eDllD
PLANS APPROVAL DALE
COHB Min DEPTH IS 4'BELOW FINISHED GRADE. �,n
Exist ISOLATION VALVE nW vrre a OMrrmwAl m rrs 4rraPs P
COHB Exist B"SWr rAr 1-11 0 tpu^errtrtss a Sc~v ° 4 a1ca
ew Arrwrs sniff AD,K AY3 laf Im
COHB CONSTRUCT 8"DI 45° ELL. DP— rwrs'e AV s '
s 1 TRAP5YSTE45 ?pRANG[E[C?pLINTY
Exist i8"VCP Swr 13.62 Lt "S1"16+50.64 6 PITS CENTRE DRIVE, TRAN5 0 ATIDN AUTHORITY
SEE DETAIL E ON SHEET UD-HB-iO SUITE 1250 550 SOUTH MAIN STREET
0
OCSD \ d Exist ISOLATION VALVE SANTA ANA,CA 92707 ORANGE,CA 92853
'm Exist 10' WATER '> 'WB08B 10+00.00= 1
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CITY Of WESTMINSTER 4 14.88'Lt "S1"16*46.43 COHB Exist 2"GAS CITr 0E HUNrINGTON BEACH
TREET
"W8088" 10+38.42= - HUN�INGLOAAINNSBEACH,CA 92648
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SCE .`\r R/W FRONTIER CITY ENGINEER PLAN APPROVAL DATE
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CITY OF 48 fob, 1 R/W
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s 4 qo COHB
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6 qoG f F y COHB
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k" �S Rrw SEE DETAIL F
ON SHEET UD-HB-10
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10.18'Lt "S1" 16+03.60
WATER LINE PLAN
SCALE: 1" = 50'
. g
u 40 40
0 35 35
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WATER LINE PROFILE WATER LINE PLAN
SCALE: 1 s9 HorlZ AND PcR oMENE 2CN-8088 WW
APPROVED FOR IYAT£R LIN£ WORK ONLY SCALE AS SHOWN U-HB-5 W
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STAIJON 10+00 11+00 12+00 1 TOTAL_sO
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BORDER LAST REVISED 11212010 uSERNAME•>fine°n9 RELATIVE BORDER SCALE O 1 T UNIT 4225 PROJECT NUMBER & PHASE 1200000I BDI
OGx fllE•> 2Do°Dol eoo-21"soeeool.a IS IN INCHES 1 1
City of Huntington Beach Estimate of Pipeline Depreciation Cost for OCTA Project
Depreciation Calculated in accordance with Caltrans R/W Manual Table 13.04-5
CN8088 8-inch Sgar Ave Pipeline
OCTA 100%liable for relocation costs
Estimated Pipeline Installation
Costs $1,327.26 56 LF of 8-inch diameter ACP,installed in 1961
Estimate of Facility Life 105 years
2011 AWWA"Buried No Longer:Confronting American's Water
Infrastructure Challenge, Figure 5, Estimated Service Lives by Pipe Material
Age of Facility 57 years As built date March 24, 1961
Percentage of pipe life used 54%
Depreciation credit to OCTA $721
Estimate installation cost of 8"ACP in 1963.
2017 cost for 8" DR18 PVC with 5 feet of cover installed was$72/lf
OCTA will replace 56 LF of 8-inch ACP.
$72/LF*56 LF= $4,032.00
Depreciate the cost of pipe installation by 2%per year for 55 years
(1-.02)-55= 0.3291805
Estimate of Cost
1963 $1,327.26
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' City of Huntington Beach
Ig 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
October 22, 2018
Orange County Transportation Authority
ATTN: Kendall Zirkel
3100 W. Lake Center Drive, Suite 100
Santa Ana, CA 92704
Dear Ms. Zirkel:
Enclosed are two originals of the "Orange County Transportation Authority Utility Agreement
No.UK048088."
Upon complete execution, please mail one original to us. Please mail the document to:
Robin Estanislau
City Clerk
2000 Main Street, 2nd Floor
Huntington Beach CA 92648
Your attention to this matter is greatly appreciated.
Sincerely,
4q4v7�
Robin Estanislau, CIVIC
City Clerk
RE:ds
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