HomeMy WebLinkAboutCC 5 ASSESS DIST 86-2 07-18-88 A- . CONSENT CALENDAR
AGEND
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DATE: JULY 12, 1988 ~ - I
TO:
WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: ASSESSMENT DISTRICT NO. 86-2 UTILITY AGREEMENTS WITH IRVINE
RANCH WATER DISTRICT
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RECOMMENDATION:
That the Tustin City Council at their meeting of July 11, 1988 approve
the agreements with Irvine Ranch Water District for construction of
domestic water, sanitary sewer, and reclaimed water facilities for
Assessment District No. 86-2 within the following streets:
* Tustin Ranch Road between Irvine Boulevard and Jamboree Road;
* La Colina Drive between Tustin Ranch Road and the westerly City
boundary;
* Irvine Boulevard between Jamboree Road and the westerly City
boundary;
* Portola Parkway between Jamboree Road and Tustin Ranch Road;
and authorize the Mayor to execute said agreements and the expenditure
of $31,923.50 to Irvine Ranch Water District for plan check and
inspection fees.
BACKGROUND:
Assessment District No. 86-2 is in the process of being finalized and is
scheduled to be confirmed on July 18, 1988. Prior to confirmation of
t/~is District, all expenditures by the City are to be reimbursed by the
Irvine Company under separate agreement. This assessment district will
provide the funding vehicle for all infrastructure improvements
consisting of streets, storm drains, and utilities within the .District.
The District boundaries are generally Irvine Boulevard on the South,
Jamboree Road on the East, the northerly City limits and westerly City
limit line of the Tustin Ranch area along the West.
Each of the utility companies require an agreement to be executed
between themselves and the District to cover the construction Of the
public utilities within their jurisdiction.
DISCUSSION:
The attached agreements cover the construction/installation of domestic
water facilities, reclaimed water facilities, and sanitary sewer
facilities within the following streets:
* Tustin Ranch Road between Irvine Boulevard and Jamboree Road
ASSESSMENT DISTRICT 86-2, AGREEMENTS WITH IRWD
July 12, 1988
Page 2
* La-Colina Drive between Tustin Ranch Road and westerly City boundary
* Irvine Boulevard between Jamboree Road and westerly City boundary
* Portola Parkway between Jamboree Road and Tustin Ranch Road
These improvements will commence construction in August-September 1988.
The attached agreements are of routine format and of a similar type of
agreement which has been utilized in a previous assessment district
(85-1). Ail documents have been reviewed and _approved by the City
Attorney's office.
The Irvine Ranch Water District plan check and inspection fees for these
improvements are $31,923.50 which are eligible for payment from
Assessment District No. 86-2 funds.
Bob' Le~endecker
Director of Public Works/City Engineer
BL:m~
ORIGINAL
DISTRICT FILE NO.: SDl.12810-AD 86-2
WORK ORDER NO.: 40197/50156/62099
DISTRICT I.D.: 150/250/250
·
CITY OF TUSTIN
ASSESSMENT DISTRICTS
A.D. NO.: 86-2
AREA:
PHASE NO.
Tustin Ranch Road, Phase III
III
STREET LOCATION: Tustin Rd, La Colina Dr.
Irvine Blvd, & Portola Pkwv
DATE: April-27, 1988
REVISED: June 29, 1988
AGREEMENT FOR CONSTRUCTION OF WATER,
SANITARY SEWER, AND RECLAIMED WATER FACILITIES
The parties to this Agreement are the CITY OF TUSTIN, a municipal
corporation (hereinafter referred to as the "City") and the IRVINE RANCH
WATER DISTRICT, a California water district organized and existing pursuant
to the California Water District I_aw, (hereinafter referred to as the
"Di stri ct").
WHEREAS, City is desirous of undertaking the construction of
certain water, sanitary sewer, and reclaimed water facilities which will be
owned and operated by District, d:~cribed as follows (hereinafter referred
to as the "Facilities"):
(a) Water System Facilities:
6,647 L.F. - 10" A.C.P. C-150
863 L.F. - 8" A.C.P. C-150
1 ea. - 2" Copper Service
12 ea. - 8" Gate Valve
20 ea. -lO" Gate Valve
15 ea. -Temp. 2" Blow Off
(b) ~anitar~/ Sewer Facilities:
4,599 L.F. - 8" V.C.P.
l0 ea. - 48" Manhole w/30" Cover
1 ea. - 60" Manhole w/30" Cover
(c) Reclaimed Water System Facilities: (as applicable)
2,437 L.F. - 4" P.V.C. C-900 C-150
8 ea. - 4" Resilient Wedge Gate Valve'
2 ea. - 2" Blow Off
6 ea. - 2" Copper Service
Rev. 5/88
Res. 1988-47
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ORIGINAL
The City hereby applies for that water, sanitary sewer and reclaimed
water service as applicable, which can be provided by the facilities
described above, to that certain area and street location described a.s
follows:
·
Tustin Ranch Road, La Colina Drive, Irvine Blvd., & Portola Parkway within
Phase III of Tustin Ranch Tract Map No. 12870 as recorded in Book 601, Page 1
thru 20 inclusive of Miscellaneous Maps, in the Office of the Recorder,
County of Orange, State of California.
WHEREAS, District is willing to authorize City to construct the
Facilities in anticipation of the provision of water, sanitary sewer, and
reclaimed water service to the areas which will be served by the Facilities
in accordance with District's "Rules and Regulations for Water, Sewer, and
Reclaimed Water Service" (hereinafter referred to as the "Rules and
Regulations").
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Upon approval of this Agreement by the parties, the payment of all
fees and charges by City, pursuant to Section 12 hereof, approval of plans
and specifications, the delivery of required bonds, the conveyance of
necessary easements, and other items as may be required herein, District
agrees to issue a permit for the construction of the Facilities in accordance
with and subject to the terms and conditions herein set forth. The District
shall deliver to City suci~ permit, which shall be an executed copy hereof.
2. City agrees to comply with the requirements of any and all
applicable Federal, State and local statutes, ordinances, regulations and
other requirements. The District may, in its discretion, require specific
prior approval of this permit by any Federal, State or local agency having
jurisdiction over or an interest in the operation of the District's
facilities.
3. City hereby agrees to build or cause to be built the Facilities and
agrees to pay all costs oF installation of same, including, but not limited
to, cost oF labor, materials, equipment, contractors' expense and profit,
environmental studies, design, engineering, surveying, inspection, testing,
plan check, land and easement acquisition, condemnation, attorneys' fees,
insurance and bond premiums.
4. City agrees that the Facilities shall be cons{ructed in accordance
with plans and specifications which shall comply with all applicable
Rev. 5/88
Res. 1988-47 -2-
ORIGINAL
requirements of the District's "Standard Specifications for the ConstruCtion
of Water, Sewer and Reclaimed Water Facilities," including, but not limited
to, requirements as to information to be shown on the plans. Said document
is on file at the office of the District and is by this reference
incorporated herein. Such plans and specifications shall be approved by
District. Such approval of the plans and specifications by District shall
not constitute approval of the permit applied for herein. The Facilities
shall be constructed by a contractor licensed by the State of California to
install said Facilities.
5. City shall require its contractor to guarantee the Facilities
constructed under this Agreement against defects in workmanship and materials
for a period of one (1) year after the date of acceptance of the Bill of Sale
for the Facilities by the District, as provided in Section 8. The contractor
shall further agree that the Facilities shall be restored to full compliance
with the requirements of the plans and specificati~ons described in Section 4,
including any test requirements, if during said one (1) year period the
Facilities or any portion thereof is found not to be in conformance with any
provisions of said plans and specifications. This guarantee is in addition
to any and all other warranties, express or implied, with respect to the
Facilities.
6. City agrees to grant, or'cause to be granted to the District,
without cost to the District, all necessary easements for construction,
installation, maintenance and access to the Facilities, across all
privately-owned lands to be traversed by the Facilities, which easements
shall be in a form and condition of title satisfactory to the District and
shall be executed by all necessary parties having an interest in said lan~s.
7. City agrees to provide 'to the District, prior to acceptance of the
Facilities as set forth in Section B, a complete set of reproducible mylars
of the approved plans and specifications for the Facilities and a copy of the
compaction report(s) and certificate(s).
8. Upon completion of the Facilities, City agrees to execute and
deliver to the District a proper Bill of Sale, including a report of the
actual costs of the Facilities on the standard form of the District which
form is on file at. the office ot' the District and is by this reference
incorporated herein, and to substantiate such report with invoices and
receipts acceptable to the District. City further agrees that such
Facilities will become the property of the District when said Bill of Sale is
accepted by its Board of Directors or its duly authorized employee,
evidencing acceptance of the Facilities. However, City hereby disclaims in
favor of the District all right, title and interest in and to said systems,
appurtenances and easements; and City hereby covenants and agrees to execute
and deliver to the District any documents .required to complete the transfer
of the Facilities concurrently with the acceptance thereof by the District;
Rev. 5/88
Res. 1988-47 -3-
ORIGINAL
and Ci%y hereby agrees that City is holding any title to said Facilities,
pending acceptance thereof by the District, as trustee, acknowledging City's
obligation to complete said Facilities and transfer the same debt-free to the
District. '
9. It is agreed that the above provisions shall not preclude the use
of the Facilities by property owners prior to such delivery of Bill of Sale
to the District, as long as the quality of said water and sewage-is
acceptable to the District under its Rules and Regulations and written
permission has been obtained from the District by such property owners to
connect to or use the Facilities. City agrees that the use of the Facilities
by the City, transferee or assignee of the City, or others within the
District will not constitute acceptance of the Facilities by the District.
10. City agrees to hold the District harmless from any expense or
liability resulting from any work or action performed by City on behalf of
City with respect to the design, (except to the extent design features are
required or requested by the District,) construction and installation or
repair of the Facilities pursuant to this Agreement, and further agrees that
City will indemnify and hold the District, its agents, employees, officers
and representatives, free and harmless from and against any and all
liabilities for death, injury, loss, damage or expense(including reasonable
attorneys' fees) to person or property which may arise or is claimed to have
arisen as a result of any work or action performed by City or on behaqf of
City with respect to the design, (except to the extent design features are
required or requested by the District,) construction and in the installation
or repair of the Facilities pursuant to this Agreement.
ll. District agrees to hold the City harmless from any exp~nse or
liability resulting from the operation of the Facilities and further agrees
that District will indemnify and hold the City, its agents, employees,
officers and representatives, free and harmless from and against any and all
liabilities for death, injury., loss, damage or expense (including reasonable
attorneys' fees) to person or property-which may arise or is claimed to have
arisen as a result of District required or requested design or the operation
of the Facilities. ·
12. City shall obtain From its contractor, performance and payment
bonds on the standard forms of the District, which forms shall be filed at
the office of the District and are by this reference incorporated herein, or
as acceptable to the District, in connection with the Facilities to be
constructed, and for an amount to be determined by District.
13. City hereby agrees to pay all TV inspection of sewer charges, .and
administration and engineering fees for inspection and plans check costs.
The amount of such fees and charges shall be based on the applicable
schedules of the Rules and Regulations in effect on the date when City and
Rev. 5/88
Res. 1988-47 -4-
ORIGINAL
District approve this Agreement. Such fees and charges shall be set forth on
Exhibit "A" hereto by the District, which Exhibit is by this reference
incorporated herein.
14. In the event either party hereto fails to comply with the terms of
this Agreement and the other party commences legal proceedings to enforce .any
of the terms of this Agreement or to terminate this Agreement, the prevailing
party in any such suit shall receive from the other a reasonable sum, ~for
attorneys' fees and costs as may be established by the court or jury.
15. City agrees that the General Manager of the District or his
authorized representative may enter upon the hereinabove-described pro2erty
during reasonable hours for the purpose of ascertaining whether the
provisions of this Agreement are being performed. City shall not be
responsible in any way for the failure of its successors or assigns to comply
with any of the provisions of this Agreement.
16. Notwithstanding any term or provision of this Agreement, City and
District acknowledge that pursuant to an agreement dated March 5, lg72, among
City, District and The Irvine Company, the City may, at its option, provide
retail water service to Parcel 2 (as described in that agreement) and in such
event, District shall provide wholesale water supplies to City. City and
District further acknowledge that the Water System Facilities to be
constructed under this Agreement are within said Parcel 2 and that City has
expressed its intent to provide retail water service to Parcel 2. City and
District are currently negotiating an amendment of the lg?2 agreement
regarding the terms and conditions of the provision of water service to
Parcel 2. In consideration of the foregoing, City and District agree as
follows:
16.1 If that amendment is executed after any of the Water System Facilities
are accepted by the District as set forth in Section 8, District shall
transfer all rights, title and interest in and to said Water System
Facilities, including appurtenances and easements, to City: and District
hereby covenants and agrees to execute and deliver to City any documents
required to complete such transfer of the Water System Facilities and
easements. Upon City's acceptance of the documents, City shall operate
the Water System Facilities, in accordance with the amendment, and the
provisions of Section 11 shall no longer apply to the operation of the
Water System Facilities.
16.2 If that amendment is executed prior to the acceptance of any of the
Water System Facilities, the provisions of Sections 6, 7, 8 and the
provisions of Section 11 regarding the operation of such Water System
Facilities shall no longer apply to the Water System Facilities and the
Water System Facilities shall be owned and operated by City in
accordance with the amendment.
Rev. 5/88
Res. 1988-47 -5-
ORIGINAL
17. Special conditions for service, if any:
CITY OF TUSTIN
BY:
CITY OF TUSTIN, MAYOR
ATTEST:
BY:
CITY CLERK
APPRO~FORM:
BY:c~RNEYc~I.f OF TUSTIN
IRVINE RANCH WATER DISTRICT
BY:
BY:
JOHN T. MORRIS
DIRECTOR OF ENGINEERING & PLANNING
BETTY WHEELER
SECRETARY TO THE DISTRICT
DATE:
APPROVED AS TO FORM:
BOWIE, ARNESON, KADI & DIXON
LEGAL COUNSEL,IRVINE RANCH WATER DISTRICT
BY:
Rev. 5/88
Res. 1988-47
OR,GINAL
DISTRICT FILE NO.' SD1. 12870-AD 86-2
CITY OF TUSTIN
ASSESSMENT DISTRICTS
EXHIBIT A
TO APPLICATION TO AND AGREEMENT
WITH THE IRVINE RANCH WATER
DISTRICT FOR WATER, SANITARY SEWER
AND RECLAIMED WATER SERVICE
A.D. NO.' Tustin Ranch Tract # 12870
PHASE NO. Phase III
STREET LOCATION' Tustin Rd, La Colina Dr.
Irvine Blvd. & Portola Parkway
REVISED' 3une 29, 1988
Ae
Be
C .
Water Service Fees and Charqes
(i) Plan Check and Inspection
Bondable Cost ~210,300.00 at
(ii) Water Connection Fees
(1) Commercial
acres at $
(2) Industrial
acres at $
TOTAL WATER SERVICE FEES AND CHARGES:
8 % $ 16,824.00
per acre $. - .N/A
.per acre $ N/A
Sanitary Sewer Fees and Char~les
(i) Plan Check and Inspection
Bondable 'Cost $ 91,300.00 at
(ii) Sewer Connection Fees
(1) Commercial
acres at $
(2) Industrial
acres at $
(iii) Sewer Subtrunk TV Inspection
Total footage of 6" size and larger,
4,599 L.F. at $ 0.50
TOTAL SANITARY SEWER FEES AND CHARGES
$ 16,824.00
10 % $ 9,130.00
per acre $ N/A
.per acre $ N/A
$ 2,299.50
$ 11,429.50
Reclaimed Water Charqe~
(i) Plan Check and Inspection
Bondable Cost $ 36,700.00 at 10 % $
TOTAL RECLAIMED WATER SERVICE FEES AND CHARGES' $
TOTAL FEES AND CHARGES SUBMITTED HEREWITH. $
Less Prepaid Check Fees' Water $
Sewer $
R/W $
Date of Preparation of Exhibit A' 4-28-88 TOTAL $
3,670.00
3,670.00
31,923.50
8,540.65
3,702.59
2,235.63
17,444.63
REVISED. 6-29-88
*The amount set forth is based on the District's schedules of fees and
charges in effect on August 10, 1987 and the plans and specifications for
the Facilities which have been submitted by Applicant, and such amount is
subject to revision pursuant to any changes made in said schedules or in
said plans prior to completion of this Application and all accompanying
items required therein.
Rev 5/88
Res. 1988-47
17§OK
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