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Agenda Item
ASR
Control 19-000127 |
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MEETING DATE: |
05/07/19 |
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legal entity taking action: |
Orange County Flood Control District |
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board of supervisors
district(s): |
1, 2 |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Khalid Bazmi (714) 667-3213 |
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Nardy Khan (714) 647-3906 |
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Subject: Amendment No. 1 to
Cooperative Agreement for Interstate 405 Improvement Project
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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4/5 Vote |
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Budgeted: Yes |
Current Year Cost:
See Financial Impact Section |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: See Financial Impact Section
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Prior Board Action: 6/28/2016
#93 |
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RECOMMENDED ACTION(S):
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1. |
Approve and execute Amendment No. 1 to the Cooperative Agreement for the Interstate-405 Improvement Project between the Orange County Flood Control District and the Orange County Transportation Authority for additional collaborative work to be completed during the Interstate-405 Improvement Project, with an Orange County Flood Control District cost share not-to-exceed $2.8 million. |
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2. |
Authorize the Auditor-Controller, upon notification from OC Public Works, to issue a payment not-to-exceed $400,000 to the Orange County Transportation Authority for completion of the Interstate-405 Freeway settling repairs over Edinger Channel; and to make other payments, issue checks or invoices in accordance with the Cooperative Agreement for the Interstate-405 Improvement Project, as amended, on behalf of the Orange County Flood Control District. |
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3. |
Authorize the Director of OC Public Works or designee to carry out the terms of the Cooperative Agreement for the Interstate-405 Improvement Project, as amended, perform activities specified performed therein; and execute other documents necessary for its implementation and subsequent amendments for non-monetary changes and monetary changes that do not increase the Orange County Flood Control District costs by more than $50,000 per fiscal year. |
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4. |
Authorize the Director of OC Public Works or designee to convey, transfer or exchange property interests on behalf of the Orange County Flood Control District in furtherance of the Interstate-405 Improvement Project in an amount not-to-exceed a cumulative value of $3 million in any fiscal year when the following pre-requisites are met: |
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a. |
The purchase price or replacement property interest, including all associated compensation to the Orange County Flood Control District for the transaction, has been approved by the Chief Real Estate Officer or designee; |
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b. |
The legal description and depiction are deemed acceptable to OC Public Works, OC Survey Service Area; |
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c. |
Orange County Transportation Authority acknowledges sole responsibility for all costs and expenses related to the proposed transaction to ensure the Orange County Flood Control District shall not bear said costs; and |
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d. |
All other prerequisites to the Orange County Flood Control District's conveyance in the Cooperative Agreement for the Interstate-405 Improvement Project, as amended, have been satisfied. |
SUMMARY:
Approval of Amendment No. 1 to the Cooperative Agreement for the Interstate-405 Improvement Project will enable the Orange County Transportation Authority to complete certain Orange County Flood Control District and flood protection work during the Interstate-405 Improvement Project while minimizing the need to disturb existing infrastructure and improve drainage facilities for the residents of Orange County.
BACKGROUND INFORMATION:
The Orange County Transportation Authority (OCTA), in partnership with the California Department of Transportation (Caltrans), is widening Interstate-405 (I-405) between State Route 73 and Interstate-605. The I-405 Improvement Project (Project) work areas intersect 35 flood control facilities owned and maintained by the Orange County Flood Control District (District) including the Santa Ana River Channel, Fountain Valley Channel, Ocean View Channel, East Garden Grove-Wintersburg Channel, Newland Storm Channel, Westminster Channel, Anaheim-Barber City Channel and Bolsa Chica Channel. OCTA has procured a design-build contractor to complete the Project and estimates construction to continue through 2023.
On June 28, 2016, the Board of Supervisors (Board) approved the Cooperative Agreement (Agreement) between OCTA and District for the Project. In the Agreement, OCTA agreed to design and construct Project improvements to achieve the District's flood protection goals, standards and requirements; and to minimize the Project's impact on the District’s facilities. The Agreement further stated that OCTA shall lead Project implementation, bear all costs and expenses to improve impacted District facilities and complete necessary right-of-way acquisitions, conveyances, relocations and other work for the Project. The District agreed to provide support services for the Project which affects current or proposed District facilities or right-of-way; and to contribute a cost-share totaling $7,253,960 toward completion of the Ocean View Segment improvements, paid in three installments upon receipt of invoices from OCTA.
OCTA and the District continue to work under the existing Agreement through progression of the Project and refinement of the design, plans, specifications and estimates by the OCTA design-build contractor, Caltrans and various stakeholders. While reviewing the Project concept plans at Edinger Channel, OC Public Works and OCTA determined it would benefit both parties and the public if certain District-planned repairs to the roadway over a covered segment of Edinger Channel (Edinger Channel Repairs) were completed in conjunction with Project work at the same location. This collaboration would avoid the need to disturb new roadways and sidewalks to be installed as part of the Project and minimize impacts to the public. OCTA would lead completion of the Edinger Channel Repairs and the District would pay for the actual repair costs necessary to close out the Caltrans permit.
OC Public Works is asking the Board to approve Amendment No. 1 (Amendment) to Agreement D15-011 to enable the District to pay OCTA to complete certain Project and Edinger Channel Repairs during the Project, for a cost not-to-exceed $400,000. The Amendment further establishes terms that allow OCTA and the District to collaborate and share in the cost to complete other work on flood control channels impacted by the Project including each paying 50 percent for secondary analyses and reports that benefit the Project and District equally that do not exceed $50,000. In the Amendment, the Director of OC Public Works (Director) or designee and OCTA may also agree to alter work to the Ocean View Channel segment improvements. If this alteration were to result in costs that exceed District's current cost-sharing contribution of $7,253,960 under the Agreement, the District would pay 70 percent of actual costs approved in advance and in writing by the Director or designee that do not to exceed $2.4 million.
The Board is requested to delegate authority to the Director or designee to carry out the terms of the Agreement, as amended, to perform activities specified therein, execute other documents necessary for its implementation and subsequent amendments for non-monetary changes and monetary changes that do not increase the District costs by more than $50,000 per fiscal year. In addition, the Board is asked to update the authority delegated to the Director or designee for the execution of documents required to complete right-of-way transactions on behalf of the District for this Project in accordance with the Agreement, as amended. Under the recommended action presented, the Board would authorize the Director or designee to convey or transfer rights and interests in accordance with the Agreement, as amended, in an amount not-to-exceed the cumulative value of $3 million. The increase will enable the District to convey to OCTA the pending 26 temporary construction easements for the Project currently being processed for completion. This delegation is necessary to ensure timely completion of the Project.
Compliance with CEQA: Caltrans, as lead agency under CEQA for this project certified the Final Environmental Impact Report/Environmental Impact Statement (FEIR/EIS) - EA:0H1000 on May 15, 2015. The District as a responsible agency under CEQA Guidelines Section 15381 has reviewed and considered the FEIR/EIS - EA:0H1000 prepared and certified by Caltrans and has certified that it has done so. The County adopts and implements those feasible mitigation measures, if any, related to those aspects of the Project that are within its separate authority. As a responsible agency, the County is authorized by CEQA Guidelines Section 15096 to rely on the FEIR/EIS - EA:0H1000 certified by Caltrans.
FINANCIAL IMPACT:
Appropriations and revenue for implementation of this Amendment are included in the FY 2018-19 Budget for Fund 400, OC Flood and will be included in the budgeting process for future years. The Amendment establishes that District is to pay OCTA up to $400,000 within 30 days of receipt of an invoice to cover actual costs OCTA incurred to complete the Project and Edinger Channel Repairs with evidence of payment in accordance with the Agreement as amended by the Amendment. It is anticipated that the District may be required to render such payment in the current fiscal year.
The Amendment would further establish a process where the Director may execute documents with District cost-sharing obligations in accordance with the terms of the Agreement, as amended. Accordingly, the Auditor-Controller would be notified to issue payments from OC Flood Fund 400, not exceeding $2.8 million cumulatively, or invoices pursuant to the Amendment and the presented recommended actions. The Board is also asked to delegate authority to the Director to make subsequent amendments for non-monetary changes and monetary changes that do not increase the District costs by more than $50,000 per fiscal year. Financial impacts to the District from implementation of the Amendment with the recommended actions as presented include potentially $2.85 million in expenses in a fiscal year and $3 million in income in a fiscal year.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Location Map
Attachment B - Amendment No. 1 to Cooperative Agreement MA-080-18011320
Attachment C - Conveyance Questionnaire
Attachment D - Redline Version of Amendment