Loading...
CAPISTRANO VALLEY WATER DISTRICT (2)0^'9 C/pr/tS od%( c 707, 0/V UTILITY AGREEMENT CAMINO CAPISTRANO SLOPE REPAIR $-t- This s-This Utility Agreement (hereinafter "Agreement") is made this � _ day of DQ , 2002, by and between the city of SAN JUAN CAPISTRANO (hereinafter "City"), and the CAPISTRANO VALLEY WATER DISTRICT (hereinafter "District") WHEREAS, City has had prepared plans and specifications titled " Improvement Plans for Camino Capistrano Slope Repair" dated June 13, 2002; and WHEREAS, said plans include the reconstruction of District's 24 inch diameter waterline; and WHEREAS, District has agreed to such construction by City by signing said plans on June 12, 2002, NOW, THEREFORE, be it agreed between City and District as follows: In accordance with Prepare to Relocate Notice to District dated December 17, 2001, City shall relocate District's waterline as shown on City's contract plans for Camino Capistrano Slope Repairwhich bythis reference are made a part hereof. District hereby acknowledges review of City's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the City or the District, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the City and acknowledged by the District, 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 receipt by the District 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 District. District shall have the right to inspect the work during construction. Upon completion of the work by City, District agrees to accept ownership and maintenance of the constructed facilities and relinquishes to City ownership of the replaced facilities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. ATTEST: jlalretR.AM�onkahani, City Clerk APPROVED AS TO FORM: John haw, City Attorney ATTEST: LAAAV 1 i C& w R. Monahan, Clerk of the Board APPROVED AS TO FORM: John R. S aw, District Counsel CITY 0 Diane Bathgate, CAPISTRANO CAPISTRANO VALLEY WATER DISTRICT "I 161 �01wv � 0 0 3. WARRANTS DATED SEPTEMBER 5, 2002 AND PAYROLL WARRANTS DATED - SEPTEMBER 12, 2002, RECEIVED AND FILED (300.30) This item was removed from the Consent Calendar to allow Mayor Bathgate to abstain from voting. Moved by Council Member Hart, seconded by Mayor pro tem Gelff and carried 3-1- 1 to receive and file warrants dated September 5, 2002, in the amount of $971,900.74, and payroll warrants dated September 12, 2002, in the amount of $231,704.46. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin and Mayor pro tem Gelff NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Bathgate ABSENT: COUNCIL MEMBERS: Campbell 4. 100% ($330) FACILITY RENTAL FEE WAIVED FOR SENATOR BILL MORROW'S COMMUNITY FORUM ON CHILD SAFETY EDUCATION TO BE HELD OCTOBER 15, 2002, AT THE SAN JUAN CAPISTRANO COMMUNITY CENTER APPROVED (390.30) 5. 2002 CONFLICT OF INTEREST CODE LOCALAGENCY BIENNIAL NOTICE FOR THE CITY OF SAN JUAN CAPISTRANO, THE SAN JUAN CAPISTRANO COMMUNITY AGENCY, AND THE SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY RECEIVED AND FILED (640.40) 6. APPROPRIATION OF $9,816 TO ELECTION SERVICES ACCOUNT #01-62127- 4150 FROM THE GENERAL FUND RESERVE APPROVED TO COVER COSTS RELATED TO VERIFICATION OF THE JSERRA INITIATIVE PETITION SIGNATURES (630.20) 57. UTILITY AGREEMENT FOR THE CAMINO CAPISTRANO SLOPE REPAIR APPROVED WITH THE CAPISTRANO VALLEY WATER DISTRICT (CIP NO. 139); AND THE MAYOR AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF THE CITY (6 0.30) 8. REPORT OF��&VESTMENTS, MONTH ENDING AUGUST 31, 2002, RECEIVED AND FILED (350.50) City Council Minutes 3 10-1-02 110/11/2002 AGENDA ITEM p 7 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Utility Agreement with the Capistrano Valley Water District - Camino Capistrano Slope Repair (CIP No. 139) RECOMMENDATION By motion, approve the Utility Agreement with the Capistrano Valley Water District and authorize the Mayor to sign the agreement on behalf of the City. SITUATION A. Summary and Recommendation Plans and specifications have been prepared for the Camino Capistrano Slope Repair which includes reconstruction of the Capistrano Valley Water District's (District) 24" diameter waterline in Camino Capistrano. Staff is recommending, as part of Caltrans approval requirements for the project, that the City enter into a Utility Agreement with the District. The Agreement authorizes the City to reconstruct the District's 24" diameter waterline as part of the Camino Capistrano Slope Repair Project. Upon completion of construction, the District would take ownership of the waterline. B. Background The 1997-1998 winter's "EI Nino" weather conditions caused the existing fill slope located between the southbound lanes of Camino Capistrano and Oso Creek to experience severe vertical displacement in February 1998. As a result of this slope displacement, Camino Capistrano and the Los Angeles San Diego Rail Corridor were closed. The Orange County Transportation Authority (OCTA) and Metrolink performed emergency repair work in March 1998 to re -open the rail line to train service. The District performed emergency repair service to bypass an existing 24" water line with parallel 12" and 16" waterlines. Camino Capistrano is currently closed to all traffic due to the slope displacement. The City of San Juan Capistrano made application to the Federal Highway Administration (FHWA) for funding to repair Camino Capistrano and restore the waterline. FOR CITY COUNCIL AGENDA.``` C� Agenda Item October 1, 2002 Before the City of San Juan Capistrano could begin design work on the roadway part of the project it was necessary for OCTA to perform permanent repair work to that part of the slope failure which affected the rail line. As this work was nearing completion the City of San Juan Capistrano authorized AKM Consulting Engineers to begin design of the roadway repair in December 2000. Caltrans, as administrators of the project's Federal funding, has taken a stricter interpretation of the environmental rules relating to archeological/historical and biological resources than anticipated. When City Staff submitted the Preliminary Environmental Survey form to Caltrans for their review and feedback, Caltrans required further studies on the historical and biological resources in the project area. In October 2001, City Staff and consultant met with Caltrans and a Federal Highway representative to seek relief of the requirements. Caltrans and FHWA could not give relief, as they are obligated to make sure that even the smallest of projects address these issues. The cultural survey was limited to the project area. The biological survey, however, must include impacts from construction noise over a broader area. City Council authorized this additional work in December 2001 using BonTerra Consulting. This additional work effort has been completed. One additional requirement is the execution of a Utility Agreement between the City and the District. The Agreement authorizes the City to reconstruct the District's 24" diameter waterline as part of the Camino Capistrano Slope Repair Project. Upon completion of construction, the District would take ownership of the waterline. Staff is recommending that the City enter into this agreement with the District. By separate action the Board of Directors is considering this agreement on the District's agenda. C. Schedule The following milestones have already been accomplished: Approval of Plans and Specifications by City Council - July 2, 2002 Approval of Documentation by Caltrans, District 12 - September 6, 2002 The following schedule is anticipated: Approval by Caltrans Sacramento - September 2002 Bid - November 2002 Award - December 2002 Time for construction - 45 calendar days Completion of Construction - February 2003 0 El Agenda Item October 1, 2002 Page 3 COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS M FINANCIAL CONSIDERATIONS The Engineer's estimate for construction is $350,000. There will be sufficient funds available in the approved 2002-2003 fiscal year budget. The Federal Grant for the road work will fund up to a total construction cost of $629,400 should the bids exceed the engineer's cost estimate. The City match is being provided by Measure M ($9,400) and Gas Tax ($31,600). NOTIFICATION N/A ALTERNATIVE ACTIONS By motion, approve the Utility Agreement with the Capistrano Valley Water District and authorize the Mayor to sign the agreement on behalf of the City. 2. Do not approve. Request additional information from staff. RECOMMENDATION By motion, approve the Utility Agreement with the Capistrano Valley Water District and authorize the Mayor to sign the agreement on behalf of the City. Respectfully submitted: pared b t William M. Huber, P.E. Brian Perry, P.E. Director, Engineering and Building Project Manager WMH/BP:sam Attachments: 1. Location map 2. Utility Agreement CAMINO CAPISTRANO NORTH REPAIRS PROJECT LOCATION i 0 UTILITY AGREEMENT CAMINO CAPISTRANO SLOPE REPAIR This Utility Agreement (hereinafter "Agreement") is made this day of , 2002, by and between the city of SAN JUAN CAPISTRANO (hereinafter "City"), and the CAPISTRANO VALLEY WATER DISTRICT (hereinafter "District") WHEREAS, City has had prepared plans and specifications titled " Improvement Plans for Camino Capistrano Slope Repair" dated June 13, 2002; and WHEREAS, said plans include the reconstruction of District's 24 inch diameter waterline; and WHEREAS, District has agreed to such construction by City by signing said plans on June 12, 2002, NOW, THEREFORE, be it agreed between City and District as follows: In accordance with Prepare to Relocate Notice to District dated December 17, 2001, City shall relocate District's waterline as shown on City's contract plans for Camino Capistrano Slope Repairwhich by this reference are made a part hereof. District hereby acknowledges review of City's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the City or the District, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the City and acknowledged by the District, 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 receipt by the District 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 District. District shall have the right to inspect the work during construction. Upon completion of the work by City, District agrees to accept ownership and maintenance of the constructed facilities and relinquishes to City ownership of the replaced facilities. ATTACHMENT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO Diane Bathgate, Mayor ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Johnhaw, City Attorney CAPISTRANO VALLEY WATER DISTRICT Diane Bathgate, Chairman ATTEST: Margaret R. Monahan, Clerk of the Board APPROVED AS TO FORM: John R. S aw, District Counsel 0 41 CVWD 10/1/2002 AGENDA ITEM TO: George Scarborough, General Manager FROM: William M. Huber, Director of Engineering & Building T SUBJECT: Consideration of Utility Agreement with the City of San Juan Capistrano - Camino Capistrano Slope Repair (CIP No. 139) RECOMMENDATION By motion, approve the Utility Agreement with the City of San Juan Capistrano and authorize the Chairman to sign the agreement on behalf of the Capistrano Valley Water District (District). SITUATION A. Summary and Recommendation The City of San Juan Capistrano has had plans and specifications prepared for the Camino Capistrano Slope Repair which includes reconstruction of the District's 24" diameter waterline in Camino Capistrano. Staff is recommending, as part of Caltrans approval requirements for the project, that the District enter into a Utility Agreement with the City. The Agreement authorizes the City to reconstruct the District's 24" diameter waterline as part of the Camino Capistrano Slope Repair Project. Upon completion of construction, the District would take ownership of the waterline. B. Background The 1997-1998 winter's "EI Nino" weather conditions caused the existing fill slope located between the southbound lanes of Camino Capistrano and Oso Creek to experience severe vertical displacement in February 1998. As a result of this slope displacement, Camino Capistrano and the Los Angeles San Diego Rail Corridor were closed. The Orange County Transportation Authority (OCTA) and Metrolink performed emergency repair work in March 1998 to re -open the rail line to train service. The District performed emergency repair service to bypass an existing 24" water line with parallel 12" and 16" waterlines. Camino Capistrano is currently closed to all traffic due to the slope displacement. The City of San Juan Capistrano made application to the Federal Highway Administration (FHWA) for funding to repair Camino Capistrano and restore the waterline. FOR CITY COUNCIL AGENDA:%Y�S E Agenda Item Pape 2 0 October 1, 2002 Before the City of San Juan Capistrano could begin design work on the roadway part of the project, it was necessary for OCTA to perform permanent repair work to that part of the slope failure which affected the rail line. As this work was nearing completion, the City of San Juan Capistrano authorized AKM Consulting Engineers to begin design of the roadway repair in December 2000. Caltrans, as administrators of the project's Federal funding, has taken a stricter interpretation of the environmental rules relating to archeological/historical and biological resources than anticipated. When City Staff submitted the Preliminary Environmental Survey form to Caltrans for their review and feedback, Caltrans required further studies on the historical and biological resources in the project area. In October 2001, City Staff and consultant met with Caltrans and a Federal Highway representative to seek relief of the requirements. Caltrans and FHWA could not give relief, as they are obligated to make sure that even the smallest of projects address these issues. The cultural survey was limited to the project area. The biological survey, however, must include impacts from construction noise over a broader area. City Council authorized this additional work in December 2001 using BonTerra Consulting. This additional work effort has been completed. One additional requirement placed by Caltrans is the execution of a Utility Agreement between the District and the City. The Agreement authorizes the City to reconstruct the District's 24" diameter waterline as part of the Camino Capistrano Slope Repair Project. Upon completion of construction, the District would take ownership of the waterline. Staff is recommending that the District enter into this agreement with the City. By separate action the City Council is considering this agreement on the City's agenda. C. Schedule The following milestones have already been accomplished: Approval of Plans and Specifications by City Council - July 2, 2002 Approval of Documentation by Caltrans, District 12 - September 6, 2002 The following schedule is anticipated: Approval by Caltrans Sacramento - September 2002 Bid - November 2002 Award - December 2002 Time for construction - 45 calendar days Completion of Construction - February 2003 0 0 Agenda Item October 1, 2002 Paae 3 COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The Engineer's estimate for construction is $350,000. There will be sufficient funds available in the approved 2002-2003 fiscal year budget. The Federal Grant for the road work will fund up to a total construction cost of $629,400 should the bids exceed the engineer's cost estimate. The dity match is being provided by Measure M ($9,400) and Gas Tax ($31,600). NOTIFICATION N/A ALTERNATIVE ACTIONS By motion, approve the Utility Agreement with the City of San Juan Capistrano and authorize the Chairman to sign the agreement on behalf of the District. 2. Do not approve. 3. Request additional information from staff. RECOMMENDATION By motion, approve the Utility Agreement with the City of San Juan Capistrano and authorize the Chairman to sign the agreement on behalf of the District. Respectfully submitted: ,Pre%pared by: \ C William M. Huber, P.E. Brian Perry, P.E. Director, Engineering and Building Project Manager WMH/BP:sam Attachments: 1. Location map 2. Utility Agreement ATTACHMENT