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1974-0325_ROCKPORT CONSTRUCTION COMPANY_Notice of CompletionMAIL TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the city of San Juan Capistrano, California, to Rockport Construction Company, 31402 Windsong Drive, San Juan Capistrano, California, for doing the following work to wit. Installation of Casitas Capistrano Storm Drain in the city of San Juan Capistrano, has been completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the city of San Juan Capistrano, and that said work was accepted by the City Council of the city of San Juan Capis- trano at a regular meeting thereof held on the 25th day of March, 1974, by Resolution No. 74-3-25-1. That upon said contract the Surety Company of America was surety for the bond given by the said company as required by law. Dated at San Juan Capistrano, California, this 26th day of March, 1974. City Clerk of the city of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, JO BENNITT, the duly qualified City Clerk of the City Council of the city of San Juan Capistrano, California, do hereby certify that under penalty of perjury, the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the office of the County Recorder of Orange County by said City Council. Dated at San Juan Capistrano, Califorgia, this ,26th day of March, 1974. city lerx ox the city o San JAian Capistrano ? A f MEMORANDUM March 19, 1974 TO: Honorable City Council/% Donald G. Weidner, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Installation of Casitas Capistrano Storm Drain SITUATION - In accordance with the plans and specifications of the subject project, Rockport Construction Company has completed said project. The payment due is as follows: Total Construction costs 180,151.25 Less 10% Retention 18,015.12 Total Due to Date 162,136.13 Previous Payments 155,761.84 Balance Due 6,374.29 ALTERNATE ACTION: None RECOMMENDATION: 1. By resolution, determine that work has been completed in accordance with the contract documents and declare the work to be accepted. The total amount of the work performed under the contract is in the sum of $180,151.25. 2. Within ten (10) days from the date of acceptance, file a Notice of Completion with the Orange County Recorder. 3. Upon expiration of thirty-five (35) days from filing of Notice of Completion, make payment to Rockport Construction Company in the amount of $18,015.12. Respectfully submitted, W. D. Murp* WDM: rm Encls. FOR CnT COUNCIL IR g -'a -5-- 7'1 ....... I ......................... . .................... p ..................... AGENDA a a o ro v H. .• v x n v (D (D (D b o re n n r) v N r'H•` % w S a < a m n (D m Cl. m r. o.a bi tz w %.tw o e i n n rt (0-+ N m mtwrnw O N hJ � O R m o a c Nro rt (fD rt m ct ^ rt o O O ti '1 `J w rt rt rr rr r H. h m l 0 7 - A O J O :<. m W d d b p w m w H. .• R rt rt (D (D (D N _ .. .. CIO N r'H•` % w S a OD txj �II i n rt (0-+ N m mtwrnw ao�don tj m o M Nro rt (fD rt o 9 (D C w rt rt rr rr r H. m 0 7 - A O m rt m rr O C d V? m m 0 r a r1 o b a o rt v ti rD w n n rt o z n o n 9 rr rr (D m O rr 9 m bn rrt (D (D rt a. � O N W W N i �111111111�111111111111 • • all IN imills� oil! 11111111 gill 11111 • - r �9161-8/919�9181= = = �1= - - �d�t�ti = = ti = ■ = d �E= E. o b a o rt v ti rD w n n rt o z n o n 9 rr rr (D m O rr 9 m bn rrt (D (D rt a. � O N W W 'RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CASITAS CAPISTRANO STORM DRAIN FACILITY - JOB 7324 IN ACCORDANCE WITH CONTRACT ENTERED INTO BETWEEN ROCKPORT CONSTRUCTION COMPANY AND THE CITY OF SAN JUAN CAPISTRANO The City Council of the City of San Juan Capistrano does hereby resolve: WHEREAS, on the 23rd of October, 1973, the City of San Juan Capistrano had entered into a contract with Rockport Construction Company for the construction of the Casitas Capistrano Storm Drain Facility; and WHEREAS, the Director of Public Works has submitted his approval of the final quantities and cost figures; NOW, THEREFORE, the City Council of the City of San Juan Capistrano does resolve as follows: Section 1. That the work required to be performed by said contractor has been completed. of Section 2. That the total cost of said work is in the amount Section 3. That the work is hereby accepted and approved. Section 4. It is further ordered that a "Notice of Completion" be filed, on behalf of the city, in the office of the County Recorder of the County of Orange within ten days of the date of this resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of San Juan Capistrano at a meeting held on the day of AYES: NOES: ABSENT: ATTEST: City Clerk by the following vote: COUNCILMEN: COUNCILMEN: COUNCILMEN: Mayor Roy L. Byrnes, M.D. City of San Juan Capistrano MAIL TO: • • City of San Juan Capistrano Office of City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contractor heretofore awarded by the City Council of the city of San Juan Capistrano, California, to Rockport Construction Company, 31402 Windsong Drive, San Juan Capistrano, California, who was the company thereon for doing the following work to wit; Installation of Casitas Capistrano Storm Drain in the city of San Juan Capistrano That said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the city of San Juan Capistrano, and that said work was accepted by the City Council of the city of San Juan Capistrano at a regular meeting thereof held on the day of 1974, by Resolution No. That upon said contract the Surety Company of America was surety for the bond given by the said company as required by - law. Dated at San Juan Capistrano, California, this day of 1974. City Clerk of the city of San Juan Capistrano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I,, The duly qualified City Clerk of the City Councilo e city of San Juan Capistrano, California, do hereby certify that under penalty of perjury, the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the office of the County Recorder of Orange County by said City Council. Dated at San Juan Capistrano, California, this day of 1974. City Clerk of the city of San Juan Capistrano a c v n 0 r� Ok n 0 n 0 m 0 m < w m w n O r o G U 0 0 40 G ; O r10 "pd ca (A 4 R CD R O N G N M O O w rt rt R n w r• A 0 m n CA n O 0 w rt CD 00 O cn r 0 0 o n n o R V• h CD w rr n n o z n o 0 to o rt o n rn m n Q. (D CL r C N W W MINOR IN Bill loollaillill IR o n n o R V• h CD w rr n n o z n o 0 to o rt o n rn m n Q. (D CL r C N W W MEMORANDUM TO: FROM: SUBJECT: SITUATION: March 19, 1974 Donald G. Weidner, City Manager �?o i FOR CITY COUNCIL W. D. Murphy, Director of Public Works Casitas Capistrano Storm Drain Facility • -tl•• ..4�.......XOtNDA During the construction of this complex project several engineering revisions were necessary, due to utilities conflicts, additional requirements by the Moulton -Niguel Water District, and Orange County Flood Control District. Other engineering changes include the city's requirements to provide pumps for flood control measures during the closure of a major tunnel under the railroad tracks, prior to installing the new storm drain. This change order will adjust the contract to the final report, which will be submitted as an additional item. ALTERNATE ACTIONS: 1. Request further information. 2. Deny the change order. RECOMMMENDATION• Approve change order no. 2 for decrease in contract price of $52.75. Respectfully submitted, l W D�Murp WDM:rm l Attach. 'FCh3nge Jrder No.__ 2 Date March 7, 1974 Project No. Casitas Capistrano ormrain acility Location Beginning Con Oct Date 10/23/73 Contract Amount $ 179,889.00 Previous Change Orders $ -0- ThiG Change Omar $' - 52,75 Adjusted Contract $ 1791836.25 Item No. Description of Changes Decrease In Contract Price Increase In Contract Price 1 Inlet change on corregated metal pi 3e 400,00 2 Additional insurance (required by 36.00 Orange Co. Flood Cont, Dist.) 3 Revision of corregated metal pipe 35.56 thru archway from 181' to 24" 4 Revision of corregated metal pipe 75.44 from 18" to 24" on pipe extension 5 Encasement of waterline 100.00 6 Adjustment of form work vicinity 450.00 Moulton -Niguel sewer crossing 7 Engineering charges to modify align 501.14 ment 8 Adjustment to jacking operation due 828.00 to saturated conditions 9 10" pump charges (paid by City) - 628.32 29.92 pr. day x 21 days 10 Transportation on 10" pump (paid 48.29 by City) 1,577.75 1 1,525.00 In Contract Price Due to This Change Order $ 52.75 $ WOODi1Dt/KUNCTA 6 ASSOC1 •.INC. cawna+.we � G www�wwwww MEMORANDUM MARCH 6, 1974 TO: W. D. MURPHY, PUBLIC WORKS DIRECTOR FROM: THE CITY ENGINEER'S OFFICE SUBJECT: PROGRESS REPORT ON THE CASITA CAPISTRANO STORM DRAIN THE COMPLETION DATE OF THE CONTRACT IS MARCH 201 1974. TO DATE ALL OF THE MAJOR STRUCTURE 15 COMPLETE. THE GROUTED RIP -RAP HAS BEEN PLACED AT THE TRABUCO CREEK ENTRANCE. THE REMAINING WORK WILL BE THE INSTALLATION OF THE INLET STRUCTURES ON EITHER SIDE OF THE RAILROAD TRACKS, CLEAN-UP INSIDE THE DRAIN PIPE, AND FINAL BACK -FILL AND COMPACTION. COMPACTION TESTS HAVE BEEN MADE BY THE ORANGE COUNTY LAB TO INSURE PROPER COMPACTION AROUND THE PIPE. ON FEBRUARY 28, 1974, A MEETING WAS HELD WITH THE CONTRACTOR, THE ORANGE COUNTY FLOOD CONTROL DISTRICT INSPECTOR, BILL MURPHY, AND GEORGE MADSEN TO ESTABLISH CONTRACT COSTS AND CHANGES TO BE PRESENTED TO THE COUNCIL AT A LATER MEETING. THE CITY HAS PREVIOUSLY RECEIVED THE $175,000 FROM THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND WESTPORT HAS BEEN BILLED FOR THEIR FIRST PAYMENT ON THIS PROJECT. DUE TO A CONFLICT WITH THE WATERLINE, THE WATER DISTRICT WILL RE -CONSTRUCT A LINE IN THE NEAR FUTURE OVER THE TOP OF THE BOX AS THE EXISTING LINE WAS GROUTED INTO THE TOP OF THE REINFORCED STRUCTURE. A CONCRETE SADDLE AND GROUTING AROUND THE BOX CULVERT WAS PROVIDED TO PROTECT THE 33 INCH TRUNK SEWER LINE OF MOULTON NIGUEL. IN ORDER TO COMPLETE OUR AGREEMENT WITH THE FLOOD CONTROL DISTRICT, IT WILL BE NECESSARY TO CONVEY THE DRAINAGE EASEMENT IN TRACT 7196 FROM WESTPORT AND THE EASEMENT THROUGH FAIRCHILD PROPERTY ON THE EAST SIDE OF THE RAILROAD TRACKS. THIS EASEMENT HAS NOT BEEN OBTAINED YET AS IT WAS NECESSARY TO FILE COMDEMNATION PROCEEDINGS AGAINST THE FAIRCHILD ESTATE. THE CITY ATTORNEY HOPES TO REACH A SETTLEMENT ON THIS RIGHT-OF-WAY IN THE NEAR FUTURE. ONCE THE CITY CONVEYS ALL NECESSARY RIGHT-OF-WAYS TO THE ORANGE COUNTY FLOOD DISTRICT, THEY WILL THEN TAKE OVER THE MAINTENANCE OF THE STORM DRAIN FROM CAMINO CAPISTRANO TO TRABUCO CREEK. REVIEWED BY WILLIAM D, MLT -Rif HY PUBLIC WORKS DIRECTOR SJC 7324 RESPECTFULLY SUBMITTED, JACK Y. KUB A, CITY ENGINEER BY EO RGEMADSEN SENIOR ROJECT ENGINEER 0 woOOsIovKuwrA s assocuTss. INC. MEMORANDUM TO: WILLIAM D. MURPHY, DIRECTOR OF PUBLIC WORKS FROM: CITY ENGINEERIS OFFICE FEBRUARY 6, 1974 SUBJECT: PROGRESS REPORT ON CASITAS CAPISTRANO STORM DRAIN WORK HAS PROGRESSED WELL ON THIS PROJECT DURING THE PAST MONTH. ALL OF THE REINFORCED CONCRETE BOX STRUCTURE HAS BEEN COMPLETED WITH THE EXCEPTION OF THE ONE TRANSITION STRUCTURE JUST WEST OF THE RAILROAD TRACK. THIS IS A SHORT SECTION OF TRANSITION BETWEEN THE 5411 PIPE AND THE BOX CULVERT. THE BACK- FILLING OPERATION IS NOW UNDERWAY. THE RIP RAP ON TRABUCO CREEK HAS BEEN PLACED AND WILL SOON BE GUNITED AT THE OUTLET. THE REMAINING PORTION OF WORK IS THE INSTALLATION OF THE CONNECTIONS FOR SIDE DRAINS. CATCH BASINS WILL BE INSTALLED DURING THE CONSTRUCTION OF TRACT 7196. ON JANUARY 10, THE LARGE 1011 PUMP WAS REMOVED FROM THE SITE AS IT WAS NO LONGER NEEDED. FORTUNATELY THE RAINS DURING THE PAST MONTH HAVE HELD BACK AND WE ARE NOW OUT OF DANGER OF FLOODING PROBLEMS. WE STILL HAVE SOME COST CHANGES TO WORK OUT WITH THE CONTRACTOR; HOWEVER, THE HAS BEEN TOO BUSY BUILDING THE STRUCTURE TO WORRY ABOUT MINOR COST VARIATIONS. IT APPEARS THAT ANY INCREASES WILL BE OFFSET BY DECREASES SO WE DO NOT ANTICIPATE A GREAT CHANGE IN THE OVERALL CONTRACT IN PRICE. WE DO HAVE THE ADDED COSTS ON THE INSTALLATION OF THE TEMPORARY DRAIN IN THE END OF THE FORMER 5411 DRAIN ON THE EAST SIDE OF THE RAILROAD TRACKS, THE COST OF THE PUMP,OF WHICH SOME WILL BE CHARGEDTO THE DRAIN CONTRACTOR AND WE HAVE RECEIVED BILLS TO DATE OF APPROXIMATELY $2,300.00 FROM THE ATCHISON, TOPEKA & SANTA FE RAILWAY FOR INSPECTION AND RESPOTTING OF THE RAILS OVER THE CULVERT. DURING THE PROCESS OF JACKING THE PIPE UNDER THE RAILROAD, THERE WAS A CONSIDERABLE AMOUNT OF SETTLEMENT OF THE EXISTING ARCH PIPE. WE ARE ASKING THE RAILROAD TO CLARIFY SOME OF THEIR BILLINGS BECAUSE THEY MAY HAVE DUPLICATED ONE ITEM. COUNCIL ACTION ON THIS PROJECT ON FEBRUARY 4, 1974 EXTENDED THE CONTRACT TIME TO MARCH 20, 1974. AS OF JANUARY 25, ROCKPORT CONSTRUCTION COMPANY HAD COMPLETED WORK IN A TOTAL AMOUNT OF $148,298.35. THE TOTAL CONTRACT PRICE WAS $179,889.00. REVIEWED BY WILLIAM D. -4M +HY PUBLIC WORKS D�RECTOR FOR CITY COUN IL SJC 7324 RESPECTFULLY SUBMITTED, JACK Y. KUBOTA, CITY ENGINEER By GEORGEY. MADSEN SENIOR PROJECT ENGINEER • • c6 MEMORANDUM January 29, 1974 TO: Donald G. Weidner, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Change Order No. 1 - Camino Capistrano Storm Drain Project - Rockport Construction Company SITUATION: According to the contract specifications for the above referenced project, the attached change order reflects time extensions for non -work days (rain), delays in power pole relocation by SDG&E and time adjustments to cover administrative delays in obtaining approvals of protective devices on the Moulton -Niguel sewer trunk line. TERNATIVES: 1. Request more information. 2. Reject the change order. RECOMMENDATION: Approve change order #1 to Rockport Construction Company for time extension only in the amount of 28 days. Respectfully submitted, FOR CITY COUNCIL: \ 'Vi W. D. Murphy WDM:rm Encl. '� .....................................................................AGE NDA • LUAiAeLil Lxmu,v)), URDER 0 Change Order No. 1 Beginning Contract Date 10/23/73 Date January 28, 1974 Project No. Casitas Capistrano Storm .Drain Facility Location Contract Amount $ 179,889.00 Previous Change Orders $ -0- This Change Order $ -0- Adjusted Contract $ 179,889.00 Item Decrease In Increase In No. Description of Changes Contract Price Contract Price 1 Time Extension Only 11-1/2 days Due to rain 14 calendar days - Due to delay in pole relocation (SDG&E) 2-1/2 days - Miscellaneous adjust- ments due to contract physical obstructions. TOTAL: 28 days t Price Due to This Change Order TIME SCHEDULE: Total Contract Days t ACCEPTANCE: DATE: 120 Accepted by: Amount Prior C.O.(s) -- Recommended 9 - Amount This C.O. 28 Adjusted Contract Days Approved by New Date of Completion March 20, 1974 %VDOO oencusora a ASSOCIATES. INC. MEMORANDUM JANUARY 9, 1974 TO: WILLIAM D. MURPHY, PUBLIC WORKS DIRECTOR FROM: CITY ENGINEERS OFFICE SUBJECT: PROGRESS REPORT FOR CASITAS CAPISTRANO STORM DRAIN AS OF THE END OF DECEMBER, 1973, THIS PROJECT WAS OVER HALF COMPLETE. DURING THE PROCESS OF THE JACKING OPERATION, THE o4" PIPE WAS SLIGHTLY DIVERTED AND MISSED ITS HORIZONTAL ALIGNMENT BY APPROXIMATELY 6". FOR THIS REASON THE JACKING WAS TERMINATED WHEN THE PIPE WAS TWO FEET FROM THE EXISTING PIPE. THEN WE REQUIRED THE CONTRACTOR TO ADJUST THE LAST 8 -FOOT SECTION OF THE EXISTING PIPE ON THE EAST SIDE OF THE RAILROAD TO PROVIDE A PROPER ALIGNMENT OF PIPES AND THEN CONSTRUCT ADDED CONCRETE COLLARS AROUND EACH JOINT IN ORDER TO PROVIDE AN ADEQUATE CONNECTION. ALL OF THIS WORK HAS TO BE DONE BY THE CONTRACTOR AT HIS COST IN ORDER TO CORRECT THE ERROR IN ALIGNMENT. THIS WORK HAS ALL BEEN COMPLETED. THE ENTIRE INVERT OF THE BOX CULVERT HAS BEEN PLACED TO TRABUCO CREEK AND SEVERAL SECTIONS OF THE BOX HAS BEEN POURED UNDER THE 33" TRUNK SEWER AND THE 10" WATER LINE. THE CONTRACTOR LEFT THE BULKHEAD IN THE UPSTREAM 84" PIPE AND HAS TAKEN OVER THE OPERATION OF THE 10" PUMP INSTALLED BY THE CITY IN ORDER TO KEEP WATER AWAY FROM THE CONSTRUCTION SITE. THE BULKHEAD WAS TO BE MOVED PRIOR TO ANY RAIN. UNFORTUNATELY THEY DID NOT HAVE THE PROPER EQUIPMENT TO MOVE THIS BULKHEAD AND THE RAIN HIT ON FRIDAY, JANUARY 4, 1974• THE CONTRACTOR HAD BEEN DIRECTED TO REMOVE THIS BULKHEAD. HE WAS NOT ABLE TO REMOVE IT UNTIL WATER COULD BE PUMPED DOWN WITHIN THE PIPE AS IT WAS A GREAT HAZARD TO REMOVE IT WHEN THE PIPE WAS FULL OF WATER. THIS CAUSED THE WATER TO OVERFLOW IN FRONT OF THE MISSION AND DOWN ACROSS THE RAILROAD DEPOT AS IT USE TO IN THE PAST. BY SATURDAY, JANUARY 5, THE TOP PART OF THE BULKHEAD HAD BEEN REMOVED AND ALL FUTURE RAINS ARE ABLE TO FLOW THROUGH THE PIPE AND DOWN THROUGH THE EXCAVATION. THIS HAS CREATED SOME MINOR EROSION ON THE TRENCH BANKS. AS OF THE WRITING OF THIS REPORT, THERE HAS BEEN NO EXTENSIVE DAMAGE. IT WILL TAKE SOME TIME FOR THE AREA TO DRY UP AND FOR WORK TO PROCEED. THE EXISTING 10" WATER LINE WAS A LITTLE LOWER THEN ORIGINALLY ANTICIPATED AND IT WILL EXTEND INTO THE TOP OF THE BOX CULVERT. IN ORDER TO EXPEDITE CONSTRUCTION OF THE PROJECT, THE WATER LINE WILL BE ENCASED IN THE TOP PART OF THE CONCRETE BOX CULVERT AND A NEW SEGMENT OF PIPE WILL BE FABRICATED AND INSTALLED BY THE WATER DISTRICT TO GO OVER THE BOX CULVERT. THE WATER LINE RELOCATION CAN BE HANDLED AFTER THE TRENCH IS BACK FILLED. THIS WILL BE HANDLED WITH A PURCHASE ORDER TO THE WATER DISTRICT. FOR CITY COUNCIL --- _...._..._.__.........:. :.1. ...........AGENDA # J -4(b) WOOOSIM/KUSS OTA A ASOCIA•.INC. cowu.rna PAGE 2 WILLIAM D. MURPHY JANUARY 9, 1974 WORK REMAINING ON THE PROJECT IS THE COMPLETION ON THE BOX CULVERT EAST OF THE RAILROAD TRACKS, INSTALLATION OF DRAIN CONNECTIONS, BACKFILLING, RIP -RAP AROUND THE ENTRANCE TO TRABUCO CREEK AND THE INSTALLATION OF INLETS ON EITHER SIDE OF THE RAILROAD TRACKS. RESPECTFULLY SUBMITTED, JACK Y. KUBOTA, CITY ENGINEER BY GEOR E E ADSEN SENIOR PROJECT ENGINEER REVIEWED BY � �.��„ ✓� 'I) -L"7 ' L_ WILLIAM D. MURPHY � PUBLIC WORKS DIRECTOR SJC 7324 WOODSIDS/KUSOTA A ASSOCIATiS, INC. MEMORANDUM DECEMBER 5,1973 TO: WILLIAM D. MURPHY, DIRECTOR OF PUBLIC WORKS FOR CITY COUNCIL FROM: CITY ENGINEER'S OFFICE SUBJECT: PROGRESS REPORT FOR CASITAS CAPISTRANO STORM DRAIN THIS PROJECT IS WELL UNDERWAY AND WE HOPE THAT MOST OF THE PROBLEM AREAS HAVE BEEN WORKED OUT. AS OF DECEMBER 4, 1973, THE CONTRACTOR HAS COMPLETED APPROXIMATELY HALF OF THE JACKING OF THE 8411 PIPE UNDER THE RAILROAD TRACKS AND IS POURING THE INVERT OF THE MAJOR PORTION OF THE BOX CULVERT DOWNSTREAM. PRIOR TO THE JACKING OF THE 84" PIPE, THE CONTRACTOR TUNNELED COMPLETELY UNDER THE RAILROAD TRACKS AND THEN GONSTRUCTED A REINFORCED CONCRETE CRADLE. THE CRADLE IS THE GUIDE FOR THE LARGE PIPE AS IT IS JACKED UNDER THE RAILROAD. PRIOR TO AND DURING THE TUNNELING OPERATION, WE RECEIVED SEVERAL RAIN STORMS. THIS DELAYED THE PROJECT TO SOME EXTENT AND ALSO MOISTENED SOME OF THE GROUND AROUND THE RAILROAD TRACKS. WITH THE 10" PUMP INSTALLED BY THE CITY, WE WERE ABLE TO PUMP ALL DRAINAGE AND NUISANCE WATER AND ELIMINATE ANY DAMAGE OF THE JACKING PIT AND OTHER FACILITIES. WHEN THE 24." PIPE THAT WAS STUBBED INTO THE EXISTING 841f PIPE WAS REMOVED BY CITY CREWS, THERE WAS SOME MOVEMENT OF MATERIAL DOWN THE RAILROAD BANK AND IT WAS NECESSARY TO BACKFILL THE HOLE AND SHORE UP THE RAILROAD EMBANKMENT BEFORE PROCEEDING WITH THE PROJECT. THE SHORING WAS COMPLETED BY THE CONTRACTOR AND THE CITY CREWS COMPLETED THE BACKFILL. THE CONTRACTOR FOR THE PROJECT HAS M AN.ED THE PUMP DURING THE RAINY PERIOD AND AT OTHER INTERMEDIATE TIMES TO KEEP THE STORM DRAIN EMPTY. A DESIGN HAS BEEN APPROVED BY MOULTON-NIGUEL FOR THE CROSSING UNDER THEIR 33 -INCH TRUNK SEWER AT THE WESTERLY END OF THE RROJECT. THE GAS COMPANY HAS WATCHED THEIR 30" HIGH PRESSURE MAIN CLOSELY WHICH WE CLEAR BY 8 OR 9 INCHES. WE HAD TO SURVEY AND VERIFY THIS CLEARANCE TO THE GAS COMPANY PRIOR TO PROCEEDING WITH THE PROJECT. THERE HAVE BEEN SEVERAL MINOR CHANGES REQUESTED IN THE PROJECT THAT MAY REFLECT A SLIGHTLY HIGHER COST. THESE WILL BE PROCESSED LATER IN A CHANGE ORDER. THE CHANGES ARE AS FOLLOWS: 1. A CHANGED INLET LOCATION BY WESTPORT, NO COST. 2. GREATER CLEARANCE OF GAS MAIN BY THE GAS COMPANY. 3. ADDED INSURANCE POLICY BY THE ORANGE COUNTY FLOOD CONTROL DISTRICT. Li. ORIGINAL INSURANCE POLICY AND A SEPARATE AGREEMENT WITH THE CONTRACTOR BY THE ATCHISON$ TOPEKA & SANTA FE RAILWAY, PLUS A 24" INSTEAD OF AN 18" CMP THROUGH THE OLD ARCH PIPE. 5. RELOCATE A POWER POLE IN ORDER TO AVOID THE REMOVAL OF TREES AT THE WESTERLY �p END OF THE PROJECT. THIS POLE RELOCATION WILL COST APPROX- IMATELY $1,100.00 THE DETERMINATION HAS NOT BEEN MADE WHETHER THIS IS A SAN DIEGO GAS & ELECTRIC OR CITY COST. #ISl-/tG- 0 wOoosloe/KUSOTA A ASSOCIATES, INC. THE CONTRACTOR HAS PROVIDED AN ADDED BLOCK IN THE EXISTING 8411 PIPE AND HAS MOVED THE PUMP BACK ADJACENT TO CAMINO CAPISTRANO TO KEEP WATER OUT OF THE LOWER PORTION OF THE PIPE TO FACILITATE HIS CONNECTION UNDER THE RAILROAD. THERE HAS BEEN A MINOR AMOUNT OF SUBSIDENCE OF THE OLD CONCRETE ARCH PIPE THAT NOW HAS BEEN GROUTED SOLID WITH THE EXCEPTION OF THE 24r' CORAGATED METAL PIPE THROUGH THE MIDDLE. UPON COMPLETION OF THE JACKING OF THE 8411 PIPE, CONCRETE GROUT WILL BE FORCED AROUND THE PIPE AND WILL ASSURE NO FURTHER SUBSIDENCE OF THE OLD ARCH PIPE. ONCE THE JACKING IS COMPLETE} WHICH SHOULD BE THIS WEEK, AND THE ENTIRE INVERT OF THE BOX STRUCTURE IS POURED AND CURED, IT WILL BE POSSIBLE TO TAKE SOME WATER THROUGH THE FACILITY. ONCE THE SIDE FORMS ON THE BOX CULVERT ARE POURED) THE FACILITY WILL BE CAPABLE OF HANDLEING MOST RUNOFF, AS LONG AS OUR WEATHER HOLDS OUTP THIS PROJECT SHOULD MOVE ALONG AT A RAPID PACE. THE GRADING OPERATION BY WESTPORT SHOULD COMMENCE AT ANY TIME WHICH WILL HAVE TO BE COORDINATED WITH OUR PROJECT TO ALLOW ACCESS OVER THE EXISTING CONSTRUCTION, REVIEWED BY: ✓ A, Awl - W. D. MURPH PUBLIC WORKS DIRECTOR RESPECTFULLY SUBMITTEDP JACK Y. KUBOTA. CITY 7 ENGINEER BY C. GEORGE. MADSEN SENIOR RO JECT ENGINEER WOOOSIDS/KUSOTA A ASSOCIATiES.INC. �owWn �,O MEMORANDUM OCTOBER 19, 1973 TO: W. D. MURPHY, DIRECTOR OF PUBLIC WORKS FROM: CITY ENGINEERIS OFFICE SUBJECT: CASITAS CAPISTRANO STORM DRAIN PROJECT FEES FOR SURVEYING SERVICE SITUATION: ON JUNE 25, 1973, THE CITY COUNCIL APPROVED A SERVICE CONTRACT WITH WOODSIDE/KUBOTA &, ASSOCIATES, INC, FOR THE SUBJECT PROJECT. UNDER EXHIBIT tr A11 FOR THE SCHEDULED HOURLY FEES, IT WAS NOTED THAT FEE SURVEYING BY SEPARATE AGREEMENT. DUE TO THE NEED OF PROVIDING UNION SURVEYORS FOR THIS TYPE OF A CONSTRUCTION PROJECT, WE WILL BE UTILIZING THE SAME SURVEY CREW THAT IS NOW WORKING ON THECAMINO CAPISTRANO IMPROVEMENT DISTRICT AND AT THE SAME FEES. THE FEES ARE $53.00 AN HOUR FOR A 3—MAN CREW AND $42.00 AN HOUR FOR A 2—MAN CREW. ALTERNATE ACTION: HOLD FOR FURTHER INFORMATION. RECOMMENDATION: WE RECOMMEND APPROVAL OF THE ABOVE FEES AS AN AMENDMENT TO THE AGREEMENT APPROVED ON JULY 25, 1973. FOR CITY COUNCIL ,.�6 �,8•`•..( ;,(.... ............. ArENPA RESPECTFULLY SUBMITTED, JACK Y. K TA, CITYENGINEER BY CE RGE ADSEN SENIO ROJECT ENGINEER Reviewed L. /Y W. D. Murp 4 30 SJC 7324 E - Q 5 (7�t S (S VCPu� % •p,g V4 ids O`�eKed u ARA Dc � j�t7-3 l C6� a ld k 5c ttuwt d ��� �O� (� �o� f �or2s� ✓c�� o� CO z F— cc o CC, +�C( ( -O V- s T KC , 180) 6 6 �, Sul�u�— CCIso� zvLc.. i8�� sg2.Op Y K -,L C, Co Ket4 E. T, V. *18s 892 86 S moo L4 T. 1/ajv1ais n SIOL4Cs Cn-tsl. C d bcc cw..wn W0003106/Icull l4iEOC14TtS.INC. 70�m ......... MEMORANDUM TO: DONALD G. WEIDNER, CITY MANAGER FROM: CITY ENGINEER'S OFFICE SUBJECT: CASITAS CAPISTRANO STORM DRAIN SITUATION: OCTOBER 4, 1973 BIDS WILL BE RECEIVED AT 11:00 A.M. ON 0070SER 4, 1973 FOR THE SUBJECT STORM DRAIN. WE WILL BE ANALYZING THESE BIDS AS SOON AS POSSIBLE FOLLOWING THE BID OPENING AND WE WILL TRY TO GET THE TOTAL BID PRICES TO THE COUNCIL WITH THE PACKET. A COMPLETE TABULATION OF ALL OF THE UNIT PRICES WILL BE AVAILABLE AT THE COUNCIL MEETING. THERE HAS BEEN CONSIDERABLE INTEREST IN THIS PROJECT AS WE HAVE CONTACTED MOST OF THE CONTRACTORS BY PHONE IN THE AREA TO STIMULATE BIDS. WE WILL MAKE A RECOMMENDATION AT THE COUNCIL MEETING FOR AN AWARD OF CONTRACT IF THE BID PRICES LOOK APPROPRIATE. WE HAVE ORDERED THE 8411 PIPE REQUIRED TO BE PUSHED UNDER THE RAILROAD TRACK. WE SHOULD RECEIVE DELIVERY IN ABOUT THREE WEEKS. THE PIPE SHOULD BE ON THE SITE ABOUT THE TIME A CONTRACTOR COULD FIRST MOVE IN AFTER SIGNING THE CONTRACT AND OBTAINING ALL OF THE NECESSARY BONDS. ALTERNATE ACTION: TO BE PRESENTED TO THE CITY COUNCIL IF NECESSARY. RECOMMENDATION: AWARD A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZE THE MAYOR AND THE CITY CLERK TO SIGN THE CONTRACT FOR THE CITY. FOR CITY COUNCIL ............................. ....:...>S. -A.. ......AGENDA CC: PUBLIC WORKS DIRECTOR RESPECTFULLY SUBMITTEDp JACK Y. KUBOTA, CITY ENGINEER CITY OF SAN JUAN CAP(ISTRANO By / n✓�%/�O (-' GEORG MADSEN SENIOR PROJECT ENGINEER C� CASITAS CAPISTRANO STORM DRAIN Bids opened 11:00 a.m., October 4, 1973 1. Donald R. Schum dba Rockport Construction Co. 2. ECCO Contractors Inc. 3. Sukut-Coulson Inc. 4. K.E.C. Co. & Keith E. Card-J.V. 5. Edmond J. Vadnais 6. R & D Stones Construction Co. dba Stones Construction Co. $179,889.00 180,664.00 182,582.00 185,892.86 206,323.28 266,473.00 %WOCN13 TO: "riim 1 AsfOCIATIMS.IN6. MEMORANDUM Donald G. Weidner, City Manager City of San Juan Capistrano Jack Y. Kubota, City Engineer October 3, 1973 1;G''` SUBJECT: Agreement - Westport Development Casitas Capistrano Storm Drain Project. SITUATION: Pursuant to negotiations and terms and conditions which were approved by the Westport -Apartment Nome Co. for the cash contri- bution to construct the "Casitas Capistrano" Storm Drain Project, an agreement has been prepared by the City and executed by the Deve- loper. In addition, the Developer is delivering to the City on October 5, 1973, a "Letter of Credit" in the amount of $94,796.13 pursuant to a condition of the agreement. Accordingly, this agreement will be ready for acceptance by the City. The storm drain project is now out to bid so that conclusion of this phase of financing is in order. ALTERNATE ACTION: 1. Defer action and request additional information. 2. Accept recommendations as outlined below. RECOMMENDATION: Approve the agreement and authorize the Mayor and City Clerk to execute same subject to delivery and approval of "Letter of Credit". ack Kubota, ity gineer City Attorney has reviewed and does concur with this agreement. Copies are available in the Director's office. to. Director of blit Wor s FOR CITY COUNCIL JYK/le i eaw�n WCH OS E S/KUNOTA i ASSOCIATI M INC. FOR CITY COUNCIL .. .............�.... .....» aJ.................AGENDA MEMORANDUM SEPTEMBER 5, 1973 TO: DONALD G. WEIDNER, CITY MANAGER CITY OF SAN JUAN CAPISTRANO FROM: CITY ENGINEER'S OFFICE SUBJECT: CASITAS CAPISTRANO STORM DRAIN — APPROVAL OF THE PLANS AND SPECIFICATIONS AND AUTHORIZA710N TO ADVERTISE FOR BIDS SITUATION: THE PLANS AND SPECIFICATIONS FOR THE SUBJECT PROJECT ARE NOW COMPLETE. THE PROJECT PROVIDES THE STORM DRAIN THROUGH THE PROPOSED TRACT 7196 OF WESTPORT WHICH EXTENDS FROM JUST EASTERLY OF THE RAILROAD TRACKS ADJACENT TO THE PIC NIC DRIVE—IN AND EXTENDS TO TRABUCO CREEK. THIS WILL PROVIDE THE FINAL SECTION OF THE STORM DRAIN NOW BEING CONSTRUCTED WITHIN CAMINO CAPISTRANO. THE PROJECT CALLS FOR 862 FEET OF $1X5'9° REINFORCED CONCRETE BOX AND 60 FEET OF 84" REINFORCED CONCRETE PIPE WHICH WILL BE JACKED UNDER THE 30" HIGH—PRESSURE GAS LINE AND THE RAILROAD TRACKS. THE ESTIMATED COST 1S $165,000. THE dp FUNDS WILL COME FROM THE ORANGE COUNTY FLOOD CONTROL DISTRICT.CONTRIBUTION OF $175,000 TOWARDS THE ENTIRE DRAIN FROM TRABUCO CREEK TO CAMINO CAPISTRANO WHICH INCLUDES THE 84" PIPE THAT HAS ALREADY BEEN INSTALLED BETWEEN THE RAILROAD TRACKS AND CAMINO CAPISTRANO AND THE FUNDS THAT WILL BE PROVIDED BY WESTPORT THROUGH A SEPARATE AGREEMENT. WE HAVE RECEIVED THE APPROVALS OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT, ATCHISON, TOPEKA & SANTA FE RAILWAY, AND COORDINATED THE PROJECT WITH THE UTILITIES WITHIN THE AREA. PRIOR TO AWARD OF CONTRACT WE WILL COMPLETE ALL THE NECESSARY RIGHT—OF—WAY NEGOTIATIONS. ALTERNATE ACTION: 1. APPROVE PLANS AND SPECIFICATIONS, AUTHORIZE THE ADVERTISEMENT OF BIDS, AND REQUEST ANY ADDITIONAL INFORMATION PRIOR TO THE BID DATE. RECOMMENDATION: APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT OF BIDS WITH BIDS TO BE RECEIVED ON OCTOBER 4., 1973 AT 11:00 A.M. CC: PUBLIC WORKS DIRECTOR SJC 7324 RESPECTFULLY SUBMITTED, JACK Y. TA, CITY ENGINEER GEORGE, . MADSEN SENIOR PROJECT ENGINEER .t I 0 WOOOSIOQ/KUOOTA A ASSOCIATES, INC. MEMORANDUM SEPTEMBER 5, 1973 TO: DONALD G. WEIDNER, CITY MANAGER CITY OF SAN JUAN CAPISTRANO FROM: CITY ENGINEER'S OFFICE SUBJECT: CASITAS CAPISTRANO STORM DRAIN — ATCHISON, TOPEKA & SANTA FE PIPELINE LICENSE SITUATION: IN ORDER TO INSTALL THE SUBJECT STORM DRAIN UNDER THE RAILROAD TRACKS, IT IS NECESSARY FOR THE CITY TO APPROVE THE PIPELINE LICENSE. THIS LICENSE STIPULATES THE CONDITIONS FOR THE INSTALLATION OF THIS STORM DRAIN WHICH WILL BE INCLUDED IN THE CONSTRUCTION CONTRACT. ONE REQUIREMENT OF THE LICENSE IS THE PAYMENT OF A FEE OF $150.00. ANOTHER IS PROVIDING THE NECESSARY INSURANCE REQUESTED BY THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY. ALTERNATE ACTION: 1. HOLD FOR ADDITIONAL INFORMATION. 2. APPROVE THE PIPELINE LICENSE. RECOMMENDATION: APPROVE THE PIPELINE LICENSE AND AUTHORIZE THE MAYOR AND THE CITY CLERK TO SIGN FOR THE CITY. DIRECT THE CITY ENGINEER TO WORK WITH THE CITY INSURANCE CARRIER TO PROVIDE THE NECESSARY INSURANCE CERTIFICATES. APPROVE THE EXPEND— ITURE OF $150.00 IN PAYMENT FOR THE LICENSE. FOR CITY COUNCIL ....:.................e u,.9,1...1.....1 ......--XG ZNDA CC: PUBLIC WORKS DIRECTOR SJC RESPECTFULLY SUBMITTED, JACK Y. KUBOTA, CITY ENGINEER BY GEORGE . MADSEN SENIOR'PROJECT ENGINEER lam wood S SSSOCL.INC. MEMORANDUM SEPTEMBER 5, 1973 TO: DONALD G. WEIDNER, CITY MANAGER CITY OF SAN JUAN CAPISTRANO FROM: CITY ENGINEER'S OFFICE SUBJECT: CAST TAS CAP ISTRANO STORM DRAIN - ATCHISONY TOPEKA & SANTA FE PIPELINE LICENSE SITUATION: IN ORDER TO INSTALL THE SUBJECT STORM DRAIN UNDER THE RAILROAD TRACKS, IT IS NECESSARY FOR THE CITY TO APPROVE THE PIPELINE LICENSE. THIS LICENSE STIPULATES THE CONDITIONS FOR THE INSTALLATION OF THIS STORM DRAIN WHICH WILL BE INCLUDED IN THE CONSTRUCTION CONTRACT. ONE REQUIREMENT OF THE LICENSE IS THE PAYMENT OF A FEE OF $150.00. ANOTHER IS PROVIDING THE NECESSARY INSURANCE REQUESTED BY THE ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY. ALTERNATE ACTION: 1. HOLD FOR ADDITIONAL INFORMATION. 2. APPROVE THE PIPELINE LICENSE. RECOMMENDATION: APPROVE THE PIPELINE LICENSE AND AUTHORIZE THE MAYOR AND THE CITY CLERK TO SIGN FOR THE CITY. DIRECT THE CITY ENGINEER TO WORK WITH THE CITY INSURANCE CARRIER TO PROVIDE THE NECESSARY INSURANCE CERTIFICATES. APPROVE THE EXPEND- ITURE OF $150.00 IN PAYMENT FOR THE LICENSE. FOR CITY COUNCIL 1 CC: PUBLIC WORKS DIRECTOR RESPECTFULLY SUBMITTED, JACK Y. KUBOTAI CITY ENGINEER BYP,�I� , GEORGE, MADSEN SENIOR �P ROJECT ENGINEER Santa Fe Original Pars Idle Aendard - (Appnvmd by oemml serdror) PIPE LINE LICENSE THIS LICENSE, Made this lstldaY of_. September r 1973 r bet ee THE ATCHTSON, TOPEKAAND SAIA FE RAILWAY COMPANY , a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF SAN JUAN CAPISTRANO (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain One. - - - - --- - - - - - - - - - - - - - - - - - -- ( 1 ) pipe line---, ____R. C. P. Eighty_four - - - - - - - - - - - - - 184i—____Anches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of San Juan Capistrano, Orange Count, California the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No. 77-31514 , dated - - - - - -_ August 92 1973 marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying_ storm drainage and shall not use it to carry any other commodity or for any other purpose whatsoever. 8. Licensee shall pay Licensor as compensation for this license the sum of__M 4. Licensee shall, at its own cost and subject to the'supervision and control of Licensor's chief en- gineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted un- der paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and there - a ter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof. If at any time Licensee shall, in the judgment of Li- censor, fail to perform properly its obligations under this paragraph, Licensor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (16) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to sup- port Licensor's tracks and for flagman to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such foss, damage or expense arising out of (a) loss or or damage to property, (b) injury to or death of per - eons, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants here- in contained Licensor may at its election forthwith revoke this license. 0 0 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon ten (10) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licen- sor, shall abandon the use of the PIPE LINE and remove the same and restore the right of way and tracks of Licensor to the same condition in which they were prior to the placing of the PIPE LINE there- under. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indem- nity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the right of way and track of Licensor restored as above provided 9. In the case of the eviction of Licensee by anyone owning or obtaining title to the premises on which the PIPE LINE is Iocated, or the sale or abandonment by Licensor of said premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 10. Any notice hereunder to be given by Licensor to Licensee shall be deemed to be properly served if it be deposited in the United States Mail, postage prepaid, addressed to Licensee at 32400 Paseo Adelanto, San Juan Capistrano, California 926_75 Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in the United States Mail, postage prepaid, addressed to Licenaor'a General Manager nt 121 East Sixth Street, Los Angeles, California 90014 11. In the event that two or more parties execute this instrument as Licensee, all the covenants and agreements of Licensee in this license shall be the joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this instrument shall be binding upon and inure to the bene. fit of the successors, legal representatives and assigns of the parties to the same extent and effect as the same are binding upon and inure to the benefit of the parties hereto, but no assignment hereof by Licen- see, its successors, legal representatives or assigns, or any subsequent assignee, shall be binding upon Licensor without the written consent of Licensor in each instance. Attached hereto and made a part hereof is Rider identified_by the signature of J. H. Schwartz.--, IN WITNESS WHEREOF, The parties have executed this agreement in duplicate the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY- (Licensor) tel/ �� /✓ =r B7 CITY OF SAN JUAN CAPISTRANO By (Licensee) • RIDER 1Aa • RIDER TO LICENSE OREP.l = DATED September 1_ 19 73 REMEEK THE COLSON, TOPEKA AND SANTA FE RA31WAY COMPAM and CITY OF SAN JUAN CAPISTRANO 13. In cases where Licpnsee in permitted under paragraph 2 hereof to use the PIPE LINE for no flammablo substances, tbm PIPE LINE shall be constructed, installed and thereafter maintained in conformity with plane and specifications set forth In the kmeriosa Railway Engineering Association, Specification for Pipe Tina Crossings under Railway Trook for noa-ileimabls substances, Revised 1964, or Specification for the placement of Concreta.Culvert Pipe, Revised 1966, whichever may apply. 14. Any work performed on Licensor's right of way by Licensee or Licensee's contractor shall be done in a eatisfactory wrkmonlike sooner and in accordance with plane and specifications approved by Licensor, including plans covering any falsework, bracing or cribbing that may be necessary to use over, under or adjacent to Licensor's track, and no work shall be permitted until Mid plans and specifications hew been approved by Licensor. 15. Ideenese or Lieensee's contractor shall not be permitted to commence work on Licensor's right of way without having first received written notification from Licancer's Division Superintendent of permission to proceed. 26. Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the purposes of this agreement, and particularly for the purposes of Section 6 of this agreement, be conclusively deemed to be the servant and agent of Ldeensee acting on behalf and within the scope of such contracture' or subcontractors' employment for Licensee. 17. Licensee agrees to furnish and keep in force or arrange to bow furnished and keep in fora insurance of all kinds end amounts specified below during the initial term of construction of the PIPE LINE and during any subsequent term or terms dur- Is6 which maintenance is performed on the PIPE LINE. (a) The Licensee shell, with respect to the operations which it performs upon, beneath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished (i) regular Contractors' public Liability Insurance with limite of not lose than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person, and, subject to that limit for mob person, One Million Dollars ($1,000 000) for all liability arising cut of bodily injuries to or ' death of two or more persons in one accident or occurrence and (iii regular Contraetora' Property Damage Liability Insurance with limits of not leve than One Million Dollars ($1,000,000) for mob occurrence for all liability arising out of damage to or loss or destruction of property. Licensee and all its contractors and suboontractors shall be named insured$ either in a single policy of Insurance complying with the requirements of this subparagraph (a) w in separate policies maintained during such periods as each contractors and/or subcontractors shall perform any work hereunder. The policy or policies insuring Ideansee shall insure Linea - sea's contractual liability in favor of Licensor contained in paragraph 6 of the printed provisions of this license, (b) The Licensee ahall, with respeot to the operations it or any of its contractors or subcontractors perform upon, be- neath or adjacent to Licensor'a right of way and/or track, furnish or arrange to be" furnished in licensor'a favor (i) policy or policies of insurance satisfactory to Licensor which shall protect Licensor against liability for injuries to or death of person or persons, MiCLUDIHG LICIIiWR'S EMPLOMS, occasioned by or resulting, in whole or in part, from the operations of the Licensee or any of its subuontraotors, on or contiruous to Liceenor'a property (except liability due solely to licensor I negligence), with limits of not lase than Fiw Hundred Thousand Dollars ($500,000) for all damages arising cut of bodily injuries to or death of one person and subject to such limitation, One Million Dnllare ($1,000,000) for all damages arising out of bodily Injuries to or death oftwoor more peracne in any one accident or occurrence; and (13) policy or policies of ane race satisfactory to Licensor which will protect Licensor against liability for damage to or lose or destruction of property, including property in Licensor's cera, custody or control, occasioned by or resulting, in whole or in part, from the operations of the Lioensee, its contractors or sub- aontraature (exempt liability due solely to Licensor's negligence) with limits of not leas than Quo MilLioo Dollars ($1,000,000) for each occurrence. 18. Licensee agrees to furnish or arrange to haw furnished to Licensor certificates reflecting the insurance coverage or certified copy of insurance policy, if requested by Licensor, as required by subparagraph (a) of paragraph 17 hereof and to furnish, or arrange to haw furniahed, the original policy required by subparagraph (b) of paragraph 17. Certificates reflecting the coverage required by subparagraph (a) shall unqualifiedly require 30 days written notice to Licensor of cancellation or modi� ffmtion of the Insurance referred to in such certificates. 19. Licensee shall not be permitted to exeroise the license and permission granted hereunder until notified by the Licensor that insurance furnished pursuant to paragraph 17 hereof is satisfactory. ID&1TH'3kTl MY� EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY AND CITY OF SAN JUAN CAPISTRANO LOS ANGELES, CALIF. J. G. FRY AUGUST 9 , 1973 CHIEF ENGINEER SCALE. I IN. TO 100 FT. -- GA IN -0 30'-- _ 35' 30' —TO FULLERTON m Z% I co rn i PRO. 84"R.C.P. STORM DRAIN ENGR'S STA. 1456 + 40.0 MILE POST 196 + 4942.2 -----GA-P4STRAPF0 - -- - - ----I E MAIN TRACK f THE A. T. S S. F. R' 47" DIST. LEGEND A 20 FOOT WIDE PORTION OF THE RAILWAY COMPANY'S RIGHT OF WAY FOR CONSTRUCTION AND MAINTENANCE OF A REINFORCED CONCRETE PIPE STORM DRAIN SHOWN OUTLINED RED. AT SAN JUAN CAPISTRANO i 25' i 25' TO NATIONAL' CITY 140' SPL. 1 0 E The Atchison, Topeka and Santa Fe Railway Company 4 Santa Fe lndustnes Company 121 East Sixth Street, Los Angeles, California 90014, Telephone 213/628-0111 Ext. 22519 August 30, 1973 File: BG -70343 Woodside/Kubota & Associates, Inc. 2415 South Birch Street Santa Ana, Calif• 92707 Attn: Mr. R. D. Woodside Gentlemen: With reference to your letter July 24, attached are duplicate copies of license agreement in favor of City of San Juan Capistrano, covering proposed installation of 84 -inch storm drain across our tracks and right of way in that City. Please have this document executed by an official of the City who is authorized to do so, furnish evidence of authority for its execution and have the City Seal affixed. Both copies, together with a check for $150.00 to cover license fee, should be returned to my office for com- pletion. Insurance as outlined in paragraphs 17(a), 17(b) and 18 must accompany the agreement, and I have enclosed an instruction sheet for your guidance in securing this, as the license will not be effective until insurance is received and approved by the Railroad. An executed copy of the completed agreement will be returned to you for delivery to the City. Very truly yours, H. %D.,. Fish, General Manager By W. D. Bentley �— Supervisor of Contracts cc: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Mr. Jim Brennan tisn, u.en,-'11,,aca;er A.T.&S. Fe Ry INSTRUCTIONAR OBTAINING INSURANCE FOR PINE LICENS1640 Santa Fe Bldg., 121 E. M St. Los Angeles,, Calif. VCC!4 Paragraph 17-a SALIENT ITEMS game of Insurance Company QFurnish certificate in duplicate. Policy No. Name of Insured: (Name of contractor or Licensee © Amounts as shown, if no contractor involved) ® bontractual liability. Effec- Each Limit tive Date Occurrence ® Description and location of project. 2 Liability (Actual Q Public Additional Insured - Name of Licen-Date) $ 500,000 $1#0000000 see when contractor performs work. Property Damage (Actual © Not less than 30 days cancellation Liability Datb) 1,000,000 1,000#000 notice. 3 Liability includes Contractual liability As per written agreement. 4 Description and location of project: (brief description including street, city, state, etc.) 5 Additional Insured: (Name of Licensee - when contractor involved) B At least 30 days cancellation notice ih writing. Paragraph 17-b SALIENT ITEMS Name of Insurance Company RAILROAD PROTECTIVE Furnish'oridinal policy • ) Policy No. Railway Company as insured. Name of Insured: The Atchison, Topeka and Santa Not less than 30 days cancellation. Fe railway Company 121 E. 6th street Note: For train operation over Los,Angeles, CA 90014 tracks involved call: Needles to Barstow & So. Calif. area San Bernardino (714) 884-2111 Ext. 258 North of Barstow area Fresno Description and location of project: (brief (209) 486-0400 Ext. 256 description including street, city, state, etc. East of Needles - Arizona & New Mexico Name of contractor: Winslow, Arizona (602) 289-4615 Ext. 259 Metropolitan Los Angeles - Long Beach (213) 628-0111 Ext. 33438 3 At least 30 days cancAllation notice in writing. Detail plans required if jacking pit within Z S of center line of track. Effective Date Each Occurrence Limit Public Liability (Actual Date) $ 500,000 $10000,000 Property Damage (AcIgual Liability Dare) 10000,000 10000,000 North of Barstow area Fresno Description and location of project: (brief (209) 486-0400 Ext. 256 description including street, city, state, etc. East of Needles - Arizona & New Mexico Name of contractor: Winslow, Arizona (602) 289-4615 Ext. 259 Metropolitan Los Angeles - Long Beach (213) 628-0111 Ext. 33438 3 At least 30 days cancAllation notice in writing. Detail plans required if jacking pit within Z S of center line of track. v ✓// h1�\ 4' w �1 P -C w � TQAGT S CASITA 5 CAPIST ANO (STORM nq�N t . \ e do E �r� H E-4 n,J 4. C 21 �?. ""� •, P -p P_ p ..._T C•2•A " woo 10W@1uwrA a AZS0C1ATcs wV_-. Ti e e t 1 of 2 „a,,,,,, MEMORANDUM DATE: May 2, 1973 X TO: DONALD G. WEIDNER, CITY MANAGER c CITY OF SAN JUAN CAPISTRANO FROM: JACK Y. KUBOTA, CITY ENGINEER SUBJECT: Casitas Capistrano Storm Drain Project - Agreement with Orange County Flood Control District SITUATION: Our memorandum report of April 18, 1973 was presented to the City Council at their regular meeting of April 23, 1973 and there was reported orally that the Westport development has responded to our request for consideration of a $100,000 contribution towards the subject project. There is attached the proposal of the developer as it relates to the project. Action was deferred on our recommen- dation so that the Council could be furnished with additional in- formation on the financial impact of the waiver of certain drainage fees as requested by the developer. This office, in its proposal to the developer, included the required drainage fee for Tentative Tract 7196 as part of the consideration of the $100,000 contribution. This would have amounted to a total of $4,819.50. In addition, the developers requested that the drainage fees be waived for Final Tract Maps No. 7194, 7195 and 7160. This waiver would constitute a dollar value of $11,305. There was also requested outlet pipes for future catch basins and we would estimate this to have a construction cost of $2,000 - 3,000. On the basis of the foregoing figures the developer's request would have a financial impact of some $15,000. It should be borne in mind that at the time of the original approval of the tentative map there was no drainage fee requirement for the development. When a request for extension of the tentative map was made, the requirement for drainage fees became an added condition. Another important consideration is the fact that under the proposed agreement the developer will pay the required drainage fees for their P -D area east of Camino Capistrano and they are waiving all rights to any reimbursement for the difference between the drainage fees that they would ordinarily pay and the total cash contribution made at this time. ALTERNATE ACTION: Continue matter and request additional information. Consider recommendation of City Engineer. FOR CITY COUNCIL ...............................5.%....�_f...... f... ...............AGENDA tAmok W0 0 0 i10WKUI Sheet 2 of 2 Donald G. Weidner May 2, 1973 A**I yIu VI"S Afi�L`B 1. Approve agreement with the Orange County Flood Control District for the design, construction, and cash contribution for the subject storm drain project. 2. Authorize City Engineer to proceed with engineering design, plans and specifications for project. 3. Complete proceedings with Westport Development for agreement and letter of credit for their cash contribution. �JaY Kubota Encl. JYK/le WOODSIDS/KUSOTA A ASSDAM.INC. 0 MEMORANDUM DATE: April 18, 1973 TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF SAN JUAN CAPISTRANO FROM: JACK Y. KUBOTA, CITY ENGINEER SUBJECT: Casitas Capistrano Storm Drain Project - Agreement with Orange County Flood Control District SITUATION: As a part of the overall development program for the Camino Capistrano Improvement District Project this office has advised the Council as to the possibility of a cash contribution on the part of the Orange County Flood Control District in developing the major storm drain facility No. L02PO2. Specifically, our 1911 Act project terminates at the east side of the railroad right-of- way and it was our original intention that the developer to the west of the railroad tracks would construct the remaining section from the railroad tracks to Trabuco Creek. We are fortunate that the Orange County Flood Control District has evaluated our circum- stances and have agreed to contribute a total of $175,000 towards the entire project. The current estimate for the reach from Trabuco Creek channel to Camino Capistrano is $230,000. The Flood Control District has prepared an agreement setting forth the terms and conditions of this joint project and essentially the agreement provides for the City of San Juan to provide complete project management, which includes preparation of plans and specifications, awarding of a contract and the execution of the project. The Flood Control District will make all approval of the plans, and assign a qualified resident engineer to the project. The City will be responsible for acquisition of right-of-way and will perform the duties of the "Lead Agency" within the context of the Environ- mental Quality Act of 1970. In the course of our negotiations with the developers of Tract 7196 which this major drain will traverse, we have requested they consider a cash contribution of $100,000 towards the project and dedicate the necessary right-of-way. To date the developers have not responded nor do we have a firm guarantee as to the extent of their participation. ALTERNATE ACTION: Request additional information. Accept recommendation of City Engineer. FOR CITY COUNCII9 ��73 __-..... C ....................:AGENAA AG a ASSOCIA/3. INC. Honorable Mayor & City Council April 18, 1973 heet 2 of 2 RECOMMENDATION: With the implementation of the Camino Capistrano Storm Drain project it will be mandatory for the City to have a means of disposing storm drainage water from the railroad track area to Trabuco Creek. Under these circumstances we believe it is imperative that we proceed immediately with this connector drain, inasmuch as the Flood Control District has made the sub- stantial offer to the City. We are cognizant of the fact that to date there is no formal agreement with the developer; however, time is of the essence and we therefore recommend your favorable action for the agreement as presented. Respectfully submitted ack Y. Kubota, City City Engineer JYK/le