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HomeMy WebLinkAboutItem HSE A4 AGENDA STAFF REPORT �. 1 t'�.4GFORN�� DATE: February 27, 2017 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Steve Myrter, P.E., Director of Public Works SUBJECT: APPROVE UTILITY AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY IN RELATION TO THE 1 -405 IMPROVEMENT PROJECT FOR NEW SEWER CONSTRUCTION SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6716: 1. Approving Utility Agreement No. UK102097 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the 1 -405 Freeway Improvement Project; and 2. Authorize the City Manager to execute the agreement. BACKGROUND AND ANALYSIS: At the September 28, 2015 OCTA Board of Directors meeting, the Board approved the 1 -405 Improvement Project (Project). The Project will provide for one additional general purpose lane in each direction between Euclid Street and 1 -605 and one new express or toll lane in each direction that will be combined with the existing HOV lane to form a two -lane express or toll lane facility in each direction from SR -73 to 1 -605. The Project will also include the demolition and reconstruction of many of the bridges that span the freeway. Several interchanges will be modified and signalized. In Seal Beach, there will be no changes to the Seal Beach Boulevard Bridge, as the bridge was reconstructed as a part of the previous West County Connector Project. There will also be new sound walls, landscaping, aesthetic treatments on the walls, slopes, and structures in Seal Beach. As part of the 1 -405 Improvement Project, certain utility lines, including sewer and water lines, that conflict with the Project will need to either be relocated or rebuilt under current Caltrans design standards in coordination with the new freeway alignment. Agenda Item H At the June 27, 2016 City Council meeting, City Council approved Preliminary Engineering Agreements (PEAs) under which OCTA would reimburse the City for staff time incurred during the information gathering stage of the Project as it related to City owned utilities. The City bears responsibility to pay for the cost to relocate the two water lines since the highway existed prior to construction of the water lines. The total estimated cost to relocate both water lines is $750,000. This cost is in the City of Seal Beach proposed Fiscal Year 2016 -17 Water Capital Budget under CIP Project No. WT1703. OCTA and the City are working with Caltrans to request a variance to keep one of the existing water lines in place. If approved, this will reduce the cost of relocation significantly. The variance is currently being reviewed by Caltrans. Staff will bring back a proposed utility agreement for the water line relocation at a later date once Caltrans issues its determination on the variance. OCTA will bear 100% of the cost to replace the sewer line, which currently is an 18 -inch sewer line that crosses the 1 -405 from North Gate Road to Old Ranch Parkway and continues along to the Orange County Sanitation District's Pump Station located in Rossmoor. City staff time incurred during the design of this sewer line and construction will be reimbursed by OCTA. The attached agreement reflects these parameters. The negotiated reimbursement amount for staff time, including legal counsel, consultants, and City staff is $40,000. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Under this Agreement, OCTA will reimburse the City for all City staff time, consultant time, and legal consultation in relation to the design, construction, and inspection for the relocation of a sewer line for a total of $40,000. Page 2 RECOMMENDATION: That the City Council adopt Resolution No. 6716: 1. Approving Utility Agreement No. UK102097 between the City of Seal Beach and Orange County Transportation Authority (OCTA) for the 1 -405 Freeway Improvement Project; and 2. Authorize the City Manager to execute the agreement. SUBMITTED BY: Steve Myrte , P. E. Director of Public Works NOTED AND APPROVED: NE IaNa Offi-111101rallml Prepared by: David Spitz, P.E., Associate Engineer Attachments: A. Resolution 6716 B. Utility Agreement No. UK 102097 Page 3 "Attachment A" RESOLUTION NUMBER 6716 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING UTILITY AGREEMENT NO. UK102097 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SEAL BEACH WHEREAS, Orange County Transportation Authority (OCTA), in cooperation and partnership with Caltrans, is proposing to reduce congestion and improve lane continuity through the 1 -405 corridor with improvements to mainline and interchanges on 1 -405 between State Route 73 and Interstate 605; and WHEREAS, OCTA, in cooperation and partnership with the Caltrans, is requesting the City of Seal Beach to enter into a Utility Agreement No. UK102097 to fully reimburse the City of any and all time associated with, but not limited to, reviewing, preparing, approving, finalizing and inspecting sewer utility relocation plans and new sewer line construction for the above 1 -405 improvement project; and WHEREAS, the City Council has read said Agreement in full and is familiar with the contents thereof. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Utility Agreement No. UK102097 between the City of Seal Beach and Orange County Transportation Authority attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full. Section 2. The City Council of the City of Seal Beach hereby authorizes the City Manager to execute the Utility Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 271h day of February, 2017 by the following vote: AYES: Council Members NOES: Council Me ABSENT: Council M ABSTAIN: Council Members Sandra Massa - Lavitt, Mayor ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6716 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of February, 2017. Robin L. Roberts, City Clerk ORANGE COUNTY TRANSPORTATION AUTHORITY UTILITY AGREEMENT DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID 12 Orange I -405 9.3 -24.2 12 -OH 1000 1200000180 FEDERAL AID NUMBER OWNER'S PLAN NUMBER HPLULN- 6071(043) See Contract Plans — City of Seal Beach FEDERAL PARTICIPATION On the project N YES ❑ NO On the Utilities ❑ YES N NO UTILITY AGREEMENT NO. UK102097 DATE 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 Seal Beach Hereinafter referred to as "OWNER ", owns and maintains the following (the "Utility Facilities "): • 18 inch diameter sewer pipe in 33 inch diameter concrete casing crossing the I -405, UK102097 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. UK102097 dated 1/5/2017, OCTA shall relocate OWNER's "Utility Facilities" as shown on OCTA's contract plans for the improvement of Interstate 405, EA 12- OH1000 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 from 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 02 -03 -2016 UTILITY AGREEMENT (Cont.) Page of UTILITY AGREEMENT NO. UK102097 relinquishes to OCTA ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035. II. LIABILITY FOR WORK The existing facilities are lawfully maintained in their present location and qualify for relocation at OCTA expense under the provisions of Section 703 of the Streets and Highways Code. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by OCTA, 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 OCTA's highway construction 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 State'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. 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 to OCTA for the salvage value of any material or parts salvaged and retained or sold by OWNER. nMOKmra UTILITY AGREEMENT (Cont.) 04 -04 -2016 Page 3 of 6 UTILITY AGREEMENT NO. 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 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 easement 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 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 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 owner for a period of three years from the date of final payment and will be available for audit by OCTA, 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 ah, 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 OCTA, State and/or Federal audit determines payments to be unallowable, owner agrees to reimburse agency upon receipt of agency billing. If owner is subject to UTILITY AGREEMENT (Cont.) Page 4 of 6 UTILITY AGREEMENT NO. UK102097 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 4/13/2016 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. OWNER shall submit a Notice of Completion to OCTA within 30 days of the completion of the work described herein. Where OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. 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 21st 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 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, 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 permits shall authorize Design - Builder to commence work within OWNER right of way, or areas which affect OWNER facilities. 04 -04 -2016 UTILITY AGREEMENT (Cont.) UK102097 Page 5 of 6 NO. 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 THE ABOVE DESCRIBED WORK IS $40,000. Signatures on Following Page 04 -04 -2016 UTILITY AGREEMENT (Cont.) SIGNATURE PAGE TO UTILITY AGREEMENT NO. UK102097 Page 6 of 6 UTILITY AGREEMENT NO. IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF SEAL BEACH, a charter city APPROVED By: Title: Date: APPROVED AS TO FORM: By: Title: Craig A. Steele City Attorney Date: 04 -04 -2016 ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED Uz Jim Beil Executive Director, Capital Programs Date: APPROVED AS TO FORM: WE Date: James M. Donich General Counsel