1998-1210_CALIF DEPT OF TRANSPORTATION_Utility Agr No. 12570 STATE OF CALIFORNIA•DEPARTMENT OWNSPORTATION • Page 1 of 3
UTILITY AGREEMENT
RW 13-5 (Rev. 10/95)
Dist Co Rte KP P.M. EA
12 ORA SR74 0.4-3.2 087502
Federal Aid No.: N/A
Owners File: N/A
FEDERAL PARTICIPATION: On the Project ❑ Yes ❑ No
On the Utilities ❑ Yes ❑ No
UTILITY AGREEMENT NO 12570 DATE �=cr M►3 0��`��
The State of California acting by and through the Department of Transportation, hereinafter called "STATE" proposes to
rehabilitate the asphalt concrete on SR74 from one thousand four hundred (1400) feet East of Route 5 to one thousand five hundred
(1500)feet East of Avenida Siega in the City of San Juan Capistrano, County of Orange and the City of San Juan Capistrano,
hereinafter called "OWNER", owns and maintains water valve covers, sewer and drainage manholes within the limits of State's
project which require removal-replacement and adjustment to existing and new grade, respectively, to accommodate STATE's
project.
It is hereby mutually agreed that:
1. WORK TO BE DONE
In accordance with Notice to Owner No. 12570 dated August 21, 1998 OWNER shall provide for inspection of
the removal/replacement and adjustment to existing or new grade of the subject water, sewer and drainage facilities. All
work shall be performed substantially in accordance with States Document dated August 18, 1998 consisting of one sheet,
a copy of which is on file in the District office of the Department of Transportation at 2501 Pullman Street, Santa Ana.
Minor deviations from the above described work may be made and incidental work performed by the OWNER when
mutually acceptable to both parties and upon approval by the STATE.
It is mutually agreed that the STATE will include the work of removing/ replacing and adjusting to existing or
new grade the subject water, sewer and drainage facilities. as part of the STATE's highway construction contract.
OWNER shall have access to all phases of the work to be performed by the STATE for the purpose of inspection to ensure
that the work being performed for the OWNER is in accordance with the owner's requirements. Upon completion of the
work performed by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities.
UTILITY AGREEMENT (Cont.) •
Page 2 of 3
RW 13-5 (Rev. 10/95)
UTILITY AGREEMENT NO.
12570
IL LIABILITY FOR WORK:
The existing facilities are located within the STATE's right of way under permit and will be relocated at OWNER's
expense under the provisions of Section(673) of the Streets and Highways Code.
111. PERFORMANCE OF WORK:
OWNER shall have access to all phases of the work to be performed by STATE for the purpose of inspection to ensure
that the work is in accordance with the owner's requirements;_however, all questions regarding the work being performed
will be directed w STATE's Resident Engineer for their evaluation and final disposition
W. PAYMENT FOR WORK:
The Owner shall pay the actual cost of the herein described work within 90 days after receipt of STATE'S itemized bill in
quintuplicate, signed by a responsible official of STATE'S organization or prepared on STATE'S letterhead, compiled on
the basis of the actual cost and expense. The STATE shall maintain records of the actual costs incurred and charged or
allocated to the project in accordance with recognized accounting principles."
The OWNER shall pay the actual cost of said work included in the STATE's highway construction contract within 90 days
after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER
for the work being performed by the STATE's highway contractor is $35,000.
STATE/DISTRICTS DOCUMENT
AUGUST 18, 1998
Estimated cost of City obligation to clear water, sewer, and drainage facilities
within State's construction project.
OWNER shall remove and replace water valve covers and storm drain and sewer
manhole covers on Route 74 from 1400 feet east of Route 5 to 200 feet east of
Via Cordova as follow:
23 water Valve Covers @ $378.00/each
7 Storm Drain manhole Covers @ $486.00/each
11 Sewer Manhole Covers @ $486.00/each
Also, OWNER shall adjust water valve covers and storm drain and sewer
manholes on Route 74 from 200 feet east of Via Cordova to 1500 feet east of
Avenida Siega as follows:
32 Water Valve Covers @ $195.00/each
5 Storm Drain manhole Covers @ $250.00/each
5 Sewer Manhole Covers @ $250.00/each
OWNER shall furnish new water valve covers or storm drain or sewer manholes
if required.
Total CVWD Cost: $15,000.00
Total City Storm Drain Cost: $ 4,700.00
Total City Sewer Cost: $ 6,600.00
The costs are only rounded estimates and do not include any new water valve
covers or manhole covers. Final costs will be determined by actual invoices
received from contractor.
Utility Agreement No.: 12570
THE ESTIMATED COST TO STATE/OWNER FOR
THE ABOVE DESCRIBED WORK IS $35,000
Const. Funds EA 087504 $35,000
IN WITNESS THEREOF, the parties have executed this Agreement the day and year
first above written.
STATE: OWNER:
City of San Juan Capistrano
APPR VED:
By. � By. QAA
Teresa Cota Arias. Chief Jo .n Greiner,
R/W Project Delivery Manager ayor
Date: Date: /.yi ZEE
APPROV RECO MENDED: ATTEST:
By /U-9'' By:_
Foe— am Chief D to Cheryl Johnso ityttlerk
R/W tility B anch City of San Juan Capistrano
PREPARED BY: APPROVED AS TO FORM
v
By: IZ ' 8 '48 By: h
Harry P n ja Date Joh Shaw Date
R/W Utility CoordinUtor City Attorney
STATE OF CALIFORNIA-BUSINESS,TRANSPORTAMW AND HOUSING AGENCY PETE WILSON,Governor
DEPARTMENT OF TRANSPOKWTION
SOUTHERN RIGHT OF WAY REGION
District 12 R/W Field Office
2501 Pullman Street Bldg. „C' RECEIVED
Santa Ana, California 92705
Phone: (714) 724-2308 DEC 29 10 24 N;i '99
FAX (714) 724-2411/724-2622
December 23, 1998
.I
City of Anaheim 12-ORA - Rte 74- 0.4-3.2
32400 Paseo Adelanto P.M. 0.4-3.2
San Juan Capistrano, CA 92675 E.A 087502
U.A. No. 12570
Attn: Cheryl Johnson
City Clerk
Dear Ms. Johnson:
Attached is your copy of jointly executed Utility Agreement No. 12570 dated
December 10, 1998, which provides for the State to be reimbursed for those costs as outlined
on State/Districts document dated August 18, 1998.
Thank you for your cooperation, please address all correspondence to:
State of California/ Department of Transportation
Department of Transportation
Right of Way Bldg "C"
2501 Pullman Street
Santa Ana, CA 92705
Sincerely,
b
HARR ANTOJA
Shop Reengineering
R/W Utility Coordinator
Southern Right of Way Region District 07 RIW Field Office District 08 R/W Field Office
21073 Pathfinder, Suite 100 120 South Spring Street 464 W. 4"Street, 12"Floor
Diamond Bar, CA 91765 Las Angeles, CA 90012-3606 San Bernardino, CA 92401-1400
Phone: (909)468-1500 Phone., (213)897-1861 Phone. (909)383-6211
Fax: (909)468-1501 Fax: (213)897-8902 Fax: (909)383-6239
7DD: (800) 735-2929
32400 PASEO ADELANTO (� MEMBERS OF THE
mCC'JN( -rOLLIN CnMPOEL
SAN JUAN CAPISTRANO,CA 92675 1 JOHN GPEuER '
(94 9) 493-1 17 1 "C"I'me NYATTRAR—
(949)493-1053 (FAX) uuwlo 1961 GILJONES
1776 )AYDM SwERCLIN
CITY MANAGER
GEORGESCARBOROUGH
December 2, 1998
Mr. Harry Pant
Right-of-Way Utilities Coordinator
Caltrans, District 12
2501 Pullman Street
Santa Ana, California 92705
Re: Utility Agreement No. 12570
Dear Mr. Pantoja:
At their meeting of December 1, 1998, the City Council of the City of San Juan Capistrano
took action to approve State Highway Utility Agreement No. 12570, which provides
for reimbursement to Caltrans for the removal/replacement and adjustment of exist;:: C-.
new grade sewer and drainage facilities completed as part of the Ortega Highway Overlay
project.
Five copies of the agreement have been signed by the City. Upon completion by the
appropriate State officials, please return one fully-executed copy to the City Clerk's office.
Thank you for your assistance. Please feel free to contact Craig Harris, project manager,
at 949-487-4305.
Very truly yours,
Cheryl Johnson
City Clerk
Enclosures
cc: Engineering and Building Director
Craig Harris
DRUG USE
IS
as se
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
Sht n I[eider. Open Space Project %lamtLlCr. made All oral presentation. ad�isine that the
minor creptmccconsisteclotnot<ickno\�ledgin�_receiptoltheConstructionAddenda. She
indicated t construction would be�-,in on December 17, 1998. and would end in July of
1999. FIs. Hei - stated that Varkel ConsnRuction had requested to start construction on
Januar 4. 1999. but ff would address that issue separate from this action.
Council Comments:
Council Member Campbell emphast that the Council intends to hold Varkel Construction
to their bid.
Award of Contract:
It was moved by Council Member Jones, seconded ' Council Member Hart, and
unanimously carried that the Contract for construction of San Juan Capistrano
Community Center Gymnasium be awarded to the lowest respo ' le bidder, Varkel
Construction,Inc.,in the amount of$1,430,000;that the Mayor and City C be authorized
to sign the contract; and, that the minor irregularity be waived. The Council i 'cated that
the contractor should begin preliminary work and not wait until after the holida ; Ms.
Heider indicated that tomorrow she would forward the Notice to Proceed to the contrac
—� 2. APPROVAL OF BUDGET AMENDMENT AND STATE HIGHWAY UTILITY
AGREEMENT NO. 12570 - ORTEGA HIGHWAY OVERLAY (SR74),
DEPARTMENT OF TRANSPORTATION (600.50)
Written Communications:
Report dated December 1, 1998, from the Director of Engineering and Building, advising
that the Department of Transportation (Caltrans) had completed the overlay of Ortega
Highway from 1400 feet East of Route I-5 to 1500 feet East of Avenida Siega. The Ct. _.
the Water District own and maintain water valve covers,sewer and drainage manholes within
the limits of the State's project which required removal/replacement and adjustment to
existing and new grade. The Report forwarded an agreement with Caltrans for
reimbursement of the costs associated with the work. The Report advised that the cost was
$1 1,470 and recommended an appropriate fund balance reserves in the amount of$4,652 for
the storm drain manhole work and $6,818 for the sewer work.
William Huber, Director of Engineering and Building, made an oral presentation.
Approval of Agreement.
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried to approve State Highway Utility Agreement No. 12570 with Caltrans
for reimbursement of the work:to approve the budget appropriations as recommended; and,
to authorize the Mayor and City Clerk to sign the agreement on behalf of the City.
City Council Minutes -16- 12/1/98
AGENDA ITEM December 1, 1998
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Budget Amendment and Approval of State Highway Utility
Agreement No. 12570 - Ortega Highway Overlay (SR74), Department of
Transportation
RECOMMENDATION
By Motion:
1. Approve the Budget Amendment and the State Highway Utility Agreement No. 12570
with the Department of Transportation for the pavement rehabilitation project of Ortega
Highway (SR74) from one thousand four hundred (1400) feet East of Route I-5 to one
thousand five hundred (15 00) feet East of Avenida Siega.
2. Authorize the Mayor and City Clerk to execute the Agreement and authorize staff to
process the Budget Amendments on behalf of the City.
SITUATION
A. Summary and Recommendation
The Department of Transportation (Caltrans) has completed the overlay of Ortega
Highway from one thousand four hundred (1400) feet East of Route I-5 to one thousand
five hundred (1500) feet East of Avenida Siega. The project included the removal of the
upper section of the pavement and overlay of new pavement. The City of San Juan
Capistrano and Capistrano Valley Water District own and maintain water valve covers,
sewer and drainage manholes within the limits of State's project which required
removaVreplacement and adjustment to existing and new grade, respectively, to
accommodate Caltrans project at the City's and District's expense. The Caltrans
contractor under a change order completed these adjustments and Caltrans is now
submitting a request for reimbursement.
FOR CRY COUNCIL AGENDA
�J
AGENDAITEM
December 1, 1998
The estimated cost for these adjustments were not to exceed $15,000 and actual invoices
have now determined a final amount. The budget amendments are necessary to fund these
costs. Two budget amendments by the City Council are required for this project for the
adjustment of storm drain and sewer manholes. A companion item has been prepared
regarding the Districts' obligations for this project.
The Utility Agreement No. 12570 specifies the City to reimburse Caltrans the cost for
removal/replacement and adjustment of said facilities to existing and new grade. The
Utility Agreement No. 12570 is now ready and Staff is recommending its approval.
B. Background
Caltrans designed the resurfacing project as a limited overlay section only, therefore, the
plans and specifications did not identify the requirements or include a cost for the
removal/replacement and adjustment to existing or new grade for the water valve covers,
sewer and drainage manholes. When Caltrans started work the requirement of adjusting
water valve covers, sewer and drainage manholes became apparent. Therefore, Caltrans
has provided the Utility Agreement to identify the requirements for the
removal/replacement and adjustment of water valve covers, sewer and drainage manholes
to existing or new grade.
COMMISION/BOARD REVIEW, RECOMMEDATIONS
N/A
FINANCIAL CONSIDERATIONS
The City will pay for the costs that are related to the removal/replacement and adjustment to
existing or new grade for sewer and drainage manholes. These costs have not been included in
the City's current operating and capital improvement budgets. The actual cost for this work is
$11,470. Actual invoices received from the contractor, plus markups and surcharges determined
this amount.
Staff is recommending an appropriation from the appropriate fund balance reserves to the
following accounts.
Description Account Amount
Storm Drain Manholes (Misc. Eng.) 12-XXXXX-4703-132 $4,652
Preventative Sewer Maintenance 12-XXXXX-4717-713 $6,818
P:\ENCi\DVLP\STATE\ORTEGALO\AGENDAI.DOC
• s
AGENDA ITEM
December 1, 1998
NOTIFICATIONS
Harry Pantoja, R/W Utilities Coordinator
ALTERNATE ACTION
I. Approve the Budget Amendments and the State Highway Utility Agreement No. 12570.
Authorize the Mayor and City Clerk to execute the Agreement and authorize Staff to
process the Budget Amendments on behalf of the City.
2. Do not approve the Budget Amendments or authorize the Mayor and City Clerk to
execute the Agreement.
3. Refer to Staff for additional information.
RECOMMENDATION
By Motion:
1. Approve the Budget Amendment and the State Highway Utility Agreement No. 12570
with the Department of Transportation for the pavement rehabilitation project of Ortega
Highway (SR74) from one thousand four hundred (1400) feet East of Route I-5 to one
thousand five hundred (1500) feet East of Avenida Siega.
2. Authorize the Mayor and City Clerk to execute the Agreement and authorize Staff to
process the Budget Amendments on behalf of the City.
Respectfully submitted:
Prepared By: /
William M. Huber, P.E. Craig L. Harris
Director of Engineering& Building Engineering Assistant
WMH/CH:ch
Attachments: 1. Utility Agreement No. 12570
2. Location Map
P:\ENG\D VLP\STATE\ORTEGALO\AGENDAI.DOC
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