SAN JUAN CAPISTRANO, CITY OF (6)UTILITY AGREEMENT CAMINO CAPISTRANO SLOPE REPAIR
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This Utility Agreement (hereinafter "Agreement") is made this 1 day of
60,tbRJL_ , 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
CITY OF SAN JUAN CAPISTRANO
ATTEST:
ICS
a aret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. haw, City Attorney
CAPISTRANO VALLEY WATER DISTRICT
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ATTEST:
(2,
R. Monahan, Clerk of the Board
APPROVED AS TO FORM:
John R. S aw, District Counsel
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MINUTES
October 1, 2002
CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS
CLOSED SESSION (610.85) - None
Chairman Bathgate called the Regular Meeting of the Board of Directors of the Capistrano
Valley Water District to order at 9:23 p.m. in the City Council Chamber.
ROLL CALL
BOARD MEMBERS PRESENT: Wyatt Hart, David M. Swerdlin, Vice Chairman John S.
Gelff and Chairman Diane Bathgate
BOARD MEMBERS ABSENT: Director Collene Campbell
STAFF PRESENT: George Scarborough, General Manager; Julia Silva, Assistant City
Manager; Omar Sandoval, Legal Counsel; Meg Monahan, Clerk of the Board; Cynthia L.
Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William
M. Huber, Engineering and Building Director; Lt. J.B. Davis, Chief of Police Services; and
Maria Guevara, Secretary.
CONSENT CALENDAR
Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and carried
unanimously, 4-0, to approve items B1 through B3 as recommended by Staff.
MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 3, 2002,
APPROVED AS SUBMITTED
UTILITY AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO FOR THE
CAMINO CAPISTRANO SLOPE REPAIR APPROVED; AND, CHAIRMAN
AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF THE CAPISTRANO
VALLEY WATER DISTRICT (CIP NO. 139) (60 .70)
3. INVESTMENT POLICY FORTHE CAPISTRANO�LEY WATER DISTRICT FOR
FISCAL YEAR 2002-2003 APPROVED; AND, THE CLERK OF THE BOARD
DIRECTED TO FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA
DEBT AND INVESTMENT ADVISORY COMMISSION (350.30)
4. RESOLUTION NO. CVWD 02-10-01-01 ADOPTED ENTITLED "RESOLUTION OF
THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER
DISTRICT, ORANGE COUNTY, CALIFORNIA, APPROVING AMENDMENT
CVWD Minutes 1 10-1-02
CVWD 10/1/2002
AGENDA ITEM B 2
TO: George Scarborough, General Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Utility Agreement with the City of San Juan Capistrano -
Camino Capistrano Slope Repair (CIP No. 139)
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
Agenda Item October 1, 2002
Paae 2
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
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Agenda Item October 1, 2002
Page 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 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 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:
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William M. Huber, P.E.
Director, Engineering and Building
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Attachments: 1. Location map
2. Utility Agreement
Prepared by:
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Brian Perry, P.E.
Project Managj
CAMINO CAPISTRANO NORTH REPAIRS
PROJECT LOCATION
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ATTACHMENT 1
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