HomeMy WebLinkAboutCC 18 LWR PTRS CNYN 08-15-88DATE: AUGUST 5, 1988 ~~~7 I
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND
THE IRVINE COMPANY FOR CONSTRUCTION AND MAINTENANCE OF LOWER
PETERS CANYON RETARDING BASIN AND APPURTENANT FACILITIES
RECOMMENDATION:
It is recommended that the City Council approve the above-referenced
agreement and authorize the Mayor and City Clerk to sign.
BACKGROUND:
A key element in the development of the Tustin Ranch area north of
Irvine Boulevard is the construction of the Lower Peters Canyon
Retarding Basin and appurtenant facilities. This project consists of an
earth dam, a holding reservoir, inlet works and outlet works. The
~roject will receive peak storm waters and release them in a controlled
~anner at a much lower rate of flow. The facility is located in the
lower portion of the proposed regional park. The estimated project cost
is $4,947,000, and will be financed with Assessment District 86-2 bond
funds. The City Council at their meeting of August 1st authorized
advertisement for bids, and it is anticipated that bids will be opened
on September 13 and a contract award scheduled for the September 19 City
Council meeting. Construction would start about mid-October 1988 and be
completed around May 1, 1989.
The dam, the retarding basin, and the outlet works will be maintained by
the Orange County Flood Control District following completion of
construction. Other appurtenant facilities will be maintained by the
City of Tustin. The Irvine Company is providing all rights-of-way and
easements required for the construction of the facilities.
Bob Ledendecker
Director of Public Works/City Engineer
BL:REW:mv
~;~lndeeEri~g~°sl~~s Manager
Agreemen~ ~. D88-145
Lower Pe', Canyon Retarding Basin
day of
THIS AGREEMENT, for purposes of identification hereby dated the
1988, is
BY AND BETWEEN
ORANGE COUNTY FLOOD CONTROL DISTRICT, a
body politic of the State of California,
hereinafter referred to as DISTRICT,
THE CITY OF TUSTIN, a municipal
corporation hereinafter referred to as
TUSTIN,
THE IRVINE COMPANY, a Michigan
corporation hereinafter referred to as
COMPANY.
WHEREAS, The Irvine Company (COMPANY) has heretofore filed with
TUSTIN, Tentative Tract Map 12870; and
WHEREAS, an unimproved natural watercourse known as Peters Canyon
Channel (Facility F06) flows through the proposed development; and
WHEREAS, conditions for said subdivision require COMPANY to construct
or to provide adequate security to guarantee construction of portions .of Peters
Canyon Channel, Lower Peters Canyon Retarding Basin and other flood control and
drainage appurtenances (collectively, the ~FACILITIES~) in TUSTIN to DISTRICT
criteria in the general vicinity as shown in Exhibit A attached hereto and by
reference made a part hereof; and
WHEREAS, COMPANY, DISTRICT and the City of Orange are negotiating a
separate agreement for purposes of assigning maintenance responsibilities for
Upper Peters Canyon Reservoir (Facility E0SB01) pursuant to a Memorandum of
Understanding dated April 28, 1986; and
WHEREAS, COMPANY has petitioned TUSTIN for the formation of Assessment
District No. 86-2 to finance construction of the FACILITIES as shown in Exhibits
B and C attached hereto and by reference made a part hereof, within jurisdiction
of TUSTIN; and
Agreemen~ -~. D88-145
Lower Pe Canyon Retarding Basin
WHEREAS, TUSTIN proposes constructing the FACILITIES as part of
Assessment District 86-2; and
· ' WHEREAS, TUSTIN has prepared and certified an Environmental Impact
Report-(EIR) for consideration of the environmental impacts of the FACILITIES
that are to be constructed as part of this agreement; and
WHEREAS, coMPANY is processing an irrevocable offer of approximately
360 acres of real property to be known as Peters Canyon Regional Park for
regional park purposes to Orange County Harbors, Beaches and Parks District
(HBPD}; and
WHEREAS, certain portions of the FACILITIES will be located within
Peters Canyon Regional Park, which lies within the cities of ORANGE and TUSTIN;
and
WHEREAS, COMPANY is reserving certain rights of way to address
DISTRICT requirements for flood control purposes within said regional park; and
WHEREAS, upon completion of construction of the FACILITIES, COMPANY
proposes to convey rights of way for flood control, water conservation, storm
drain, floodplain and ingress and egress purposes to DISTRICT and TUSTIN for
work covered under this agreement; and
WHEREAS, it is in the public interest for DISTRICT, TUSTIN and COMPANY
to cooperate in the planning, design, construction, operation and maintenance of
the FACILITIES and to provide flood control protection.
NOW, THEREFORE, IT IS AGREED by all parties hereto as follows:
1. TUSTIN, by and through City of Tustin Assessment District 86-2,
shall, at no cost or expense to DISTRICT, in cooperation with COMPANY, construct
the FACILITIES shown on said Exhibit B and C, and as shown on approved
construction plans. Said construction, consisting of reinforced concrete
vertical channel sections, retarding basin, storm drains and other appurtenant
structures, shall be initiated and completed in phases. It is understood and
Agreement ~. D88-~45
Lower Pe'~ j' Canyon Retarding Basin
agreed by the parties hereto that each, every and all of the obligations of
TUSTIN prescribed herein, without exception shall be solely the obligation of
TUSTIN acting by and through Assessment District 86-2.
2. TUSTIN, in cooperation with COMPANY, shall obtain the services of
a civil engineer, duly registered to practice in the State of California, for
the purpose of preparing construction plans and specifications for the
construction of FACILITIES. A soils and foundation investigation report shall
be obtained by TUSTIN or said engineer and its findings and recommendations
utilized in the engineer's design of the FACILITIES.
3. Design of the FACILITIES shall be governed by DISTRICT's Design
Manual, dated July 1972, and all current addenda.
4. Hydrologic design criteria for the FACILITIES.shall be governed by
DISTRICT's Hydrology Manual, dated October 1986, unless otherwise approved by
DISTRICT.
5. COMPANY shall cooperate with TuSTIN, which shall obtain all
appropriate approvals and permits required to construct FACILITIES in compliance
with requirements of U.S. Army Corps of Engineers, State Fish ~nd Game,
Department of Water ResoUrces and Regional Water Quality Control Board.
6. TUSTIN shall be the lead agency under the California Environmental
Quality Act (Public Resources Code Sections 21000 et seq.), hereinafter referred
to as CEQA.
7. TUSTIN shall require its contractor to comply with intent of the
208 Plan for reducing sediment deposition in Upper Newport Bay by taking
appropriate steps during construction.
8. Prior to approval of FACILITIES plans and specifications, as set
forth in Section 13 herein, TUSTIN shall provide DISTRICT with written evidence
that an EIR covering the work has been certified pursuant to CEQA.
9. TUSTIN shall submit for approval by the Director, EMA/Regulation,
Ag~'~st~~ ~'~. D88-145
Lower Pe ~ Canyon Retarding Basin
County of Orange, or his designee, hereinafter referred to as DIRECTOR, a
construction cost estimate including but not limited to quantities and unit
p~ices for clearing, excavation, backfill, concrete and reinforcing steel.
10. Prior to DIRECTOR's approval of said plans and specifications,
TUSTIN shall pay DISTRICT the cost of DISTRICT's plan review and construction
inspection/control, a fee based on the approved estimated construction cost, and
in accordance with the following schedule:
ENGINEERING (PLAN CHECK)
Cost of Improvements
$ 0 - 10,000
$ 10,000- 25,000
$ 25,000 - 100,000
$100,000 and above
Amount + % of $ Exceeding
$ 150 + 0 $ 0
$ 150 + 1.5 $ 10,000
$ 375 + 1.1 $ 25,000
$1,200 + 1.0 $100,000
CONSTRUCTION INSPECTION/CONTROL
Cost of Improvements
$ 0 - 25,000
$ 25,000 - 100,000
$100,000 - 500,000
$500,000 and above
In addition:
Amount + % of $ Exceeding
$ 0+5.85 0
$ 1,450 + 4.7 $ 25,000
$ 4,975 + 4.1 $100,000
$21,375 + 2.0 $500,000
A. DISTRICT shall collect from TUSTIN a non-refundable advance
deposit of $150 as applicable, when the plan is submitted for plan checking.
B. Prior to the second check of the plans, DISTRICT shall collect
the remainder of the deposit from TUSTIN as applicable, and as follows:
ENGINEERING PLAN CHECK FEE DEPOSIT SCHEDULE
Estimated Cost of Improvement Advance Remainder Total
At least but less than Deposit of Deposit DepOsit
$ 0 - $ 25,000 $150 $ 0 $ 150
$ 25,000 - $100,000 $150 $ 215 $ 365
$100,000 - $200,000 $150 $1,080 $1,230
$200,000 - $300,000 $150 $2,125 $2,275
$300,000 - $400,000 $150 $3,170 $3,320
$400,000 and above $150 $4,215 $4,365
C. The "Estimated Cost of Improvements" shall be determined by
Agree~J'~ ~'~. D88-145
Lower PC. s Canyon Retarding Basin
TUSTIN's Engineer and approved by the DISTRICT. The aggregate cost of those
portions of the FACILITIES to be operated and maintained by the DISTRICT shall
b~ separated from the total cost of the FACILITIES and used as the basis for
determining the plan check and inspection fees.
· D. Total plan check deposit will be credited to the final fee
determined aboVe.
11. Prior to DIRECTOR's approval of said plans, TUSTIN's approval of
plans shall be shown by signature thereon.
12. COMPANY shall cooperate with TUSTIN to have all flood control,
water conservation, storm drain, flood plain and ingress and egress easements
required by DISTRICT to be shown on the construction plans as provided in
Section 21 herein.
13. Upon completion of the construction plans and specifications for
the FACILITIES by TUSTIN, DISTRICT shall review same as applicable and, when
satisfactory, the plans shall be approved by DIRECTOR, by signature thereon.
Approval shall be withheld only for good cause. Upon approval of said plans,
reproducible drawings shall be filed with the DISTRICT and TUST~N and by
reference made a part of this Agreement as though fully set forth herein.
14. Prior to construction of FACILITIES, TUSTIN shall, to assure
compliance with the terms of this Agreement, furnish copies of insurance
certificates and performance bonds or letters of credit meeting TUSTIN
requirements (hereinafter referred to as BOND) obtained from its contractor in
the penal sum of the estimated construction cost as approved by DIRECTOR.
DISTRICT and COMPANY shall also be named as an insured and as a beneficiary on
said BONDS.
15. TUSTIN shall not begin construction of portions of the FACILITIES
under this Agreement until signature and approvals as required in paragraphs 13
and 14 have been obtained. TUSTIN shall not allow its contractor(s) or any
Ag~-~O. D88-145
Lower P~ s Canyon Retarding Basin
subcontractor(s) to commence work on FACILITIES until inspection and
administration fees are paid. Construction shall be performed only by a
contractor fully licensed by the State of California for the type of work
involved.
16. During construction of the FACILITIES, DIRECTOR shall assign a
·
qualified inspector to the work whose function shall be to verify that
construction is accomplished in a good and workmanlike manner, in accordance
with approved plans and Standard Plans and Specifications for Public Works
Construction. Additional construction inspection will be performed by TUSTIN
for those project features shown in said Exhibit C that are to be maintained by
TUSTIN. Ail soils and material testing during construction shall be performed
by TUSTIN and reviewed by DISTRICT at its discretion.
17. TUSTIN and COMPANY shall cooperate with DISTRICT by not making
changes in the work from approved plans without first having obtained the
concurrence of DIRECTOR.
18. After TUSTIN has complied with its obligations under paragraphs 2
through 15 of this Agreement, COMPANY shall grant a temporary construction
easement to TUSTIN in the form of Exhibit E attached hereto and by reference
made a part hereof. Upon termination of the temporary construction easement,
TUSTIN shall execute a quitclaim deed to COMPANY in the form of Exhibit F
attached hereto and by reference made a part hereof.
19. TUSTIN shall use its best efforts to comence FACILITIES
construction as soon as reasonably possible following the date of approval of
plans and specifications by DIRECTOR and in no event later than 150 calendar
days from said date of approval and shall complete all work within 365 calendar
days from said date of approval.
20. In the event TUSTIN does not proceed with the work as outlined
above within one (1) year of the execution of this Agreement, DISTRICT may
A~~~ ~0. D88-145
Lower P~ & Canyon Retarding Basin
terminate Agreement with applicable parties. Fees collected by DISTRICT for
expenses incurred pursuant to paragraph 10 shall be retained by DISTRICT for
expenses incurred pursuant to paragraph 10 and the balance refunded to TUSTIN.
21. Upon completion of all construction pursuant to this agreement,
COMPANY shall cause to be conveyed at no cost to DISTRICT, easements in the form
of Exhibit D attached hereto and by reference made a part hereof. Said easement
shall be free and clear of all liens, encumbrances, assessments, agreements,
licenses, leases, and taxes, to the satisfaction of DISTRICT. COMPANY shall
provide DISTRICT with a policy of title insurance showing that interests to be
conveyed to DISTRICT are free and clear of encumbrances objectionable to
DISTRICT.
22. Upon compliance with all conditions contained herein, and upon
satisfactory completion of all construction, DISTRICT shall accept ownership of
the FACILITIES shown on said Exhibit B from TUSTIN for which easements have been
provided by said Exhibit D and shall assume operation and maintenance of those
FACILITIES. At the same time, TUSTIN shall retain ownership and assume
operation andmaintenance responsibilities for those FACILITIES show~ in said
Exhibit C under the terms of an operation and maintenance easement in the form
of Exhibit G attached hereto and by reference made a part hereof.
23. Ail easements, quitclaim deeds and any other documents relating to
or referred to in this Agreement shall be prepared, executed and delivered to
First American Title Company (~FATCO") when this Agreement is signed by the
parties. The executed documents will then be delivered to the appropriate party
or recorded by FATCO under the terms of the escrow instructions which are
attached as Exhibit H hereto and by reference made a part hereof.
24. Neither TUSTIN nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by DISTRICT under or in connection with any work, authority,
Agreeme~ ~. D88-145
Lower Pe .s Canyon Retarding Basin
or jurisdiction delegated to DISTRICT under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section 895.4, DISTRICT
shall fully inde~,ify, defend and hold TUSTIN harmless from any liability
imposed for injury (as defined by Government. Code Section 810.8), occurring by
reason of anything done or omitted to be done by DISTRICT under or in connection
with any work, authority, or jurisdiction delegated to DISTRICT under this
Agreement.
25. Neither DISTRICT nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by TUSTIN, under or in connection with any work, authority,
or jurisdiction delegated to TUSTIN under this Agreement. It is also understood
and agreed that pursuant to Government Code Section 895.4, TUSTIN shall fully
indemnify, defend, and hold DISTRICT harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by TUSTIN, or in connection with any work,
authority, or jurisdiction delegated to TUSTIN under this Agreement.
26. Neither TUSTIN nor any of its officers or employees'shall be
responsible for damages or liabilities arising from the performance or failure
of -performance of the obligations of COMPANY under this Agreement. COMPANY
shall fully indemnify, defend and hold TUSTIN harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) arising from
the performance or failure of performance of any obligation of COMPANY under
this Agreement, except for that resulting from TUSTIN's own negligence.
27. Neither COMPANY nor any of its officers or employees shall be
responsible for any damage or liability arising from the performance or failure
of performance of any obligation of TUSTIN under this Agreement. TUSTIN shall
indemnify, defend, and hold COMPANY harmless from any liability imposed for
injury (as defined by Government Code Section 810.8) arising from the
Agrees~' ~. D88-145
Lower Pe'~ ~ Canyon Retarding Basin
performance or failure of performance of any obligation of TUSTIN under this
Agreement, except for that resulting from COMPANY's own negligence.
· ' 28. Neither DISTRICT nor any of its officers or employees shall be
responsible for damages or liabilities arising from the performance or failure
of performance of the obligations of COMPANY under this Agreement. COMPANY
shall fully indemnify, defend, and hold DISTRICT harmless from any liability
imposed for injury (as defined by Government Code Section 810.8) arising from
the performance or failure of performance of any obligation of COMPANY under
this Agreement, except for that resulting from DISTRICT's own negligence.
29. Neither COMP~ nor any of its officers or employees shall be
responsible for any damage or liability arising from the performance or failure
of performance of any obligation of DISTRICT under this Agreement. DISTRICT
shall indemnify, defend, and hold COMPANY harmless from any liability imposed
for injury (as defined by Government Code Section 810.8) arising from the
performance or failure of performance of any obligation of DISTRICT under this
Agreement, except for that resulting from COMPANY's negligence.
30. This Agreement incorporates the following exhibits:
Exhibit A - Vicinity Map~
Exhibit B - FACILITIES for DISTRICT operation/maintenance~
Exhibit C - FACILITIES for TUSTIN operation/maintenance;
Exhibit D - Easements for FACILITIES to DISTRICT~
Exhibit E - Temporary Construction Easement to TUSTIN~
Exhibit F - Quitclaim Deed to COMPANY~
Exhibit G - Easement for FACILITIES to TUSTIN;
Exhibit H - Escrow Instructions.
A~'j ~. D88-145
Lower pe. ~s Canyon Retarding Basin
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the dates set forth opposite their respective signatures.
..~
ORANGE COUNTY FLOOD CONTROL DISTRICT
Date
By:
Chairman, Board of Supervisors
THE IRVINE COMPANY
By:
By:
CITY OF TUSTIN
Date
By:
Mayor
Date
SIGNED AND CERTIFIED THAT A COPY
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
By:
City Clerk
APPROVED AS TO FORM:
James G. Rourke, City Attorney
City of Tustin
LINDA D. ROBERTS
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
Orange County, California
RSB: lw8062913543330
8-1-88
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ORANGE COUNTY
ENVIRONMENTAL MANAOEMENT AGENCY
.. .-REGULATION/SUBDIVISION
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EXHIBIT
... V I C IN.I ..~
FACILITIES TO BE M~INTAINED BY
ORANGE COUNTY FLOOD CONTROL DISTRICT
,Item No. .,Facility
I F06 Storm Drain
F06B01 Retarding Basin
& Appurtenant Facilit/es
3 Ingress -~jress
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~NVIRONMENTAL MANAGEMENT AGENCY ~
REGULATION/SUBDIVISION ~ ~..'r'A~: ~ ~,~ ~ ~,~, ,'.' I
I FAC ~ t..~'r ¥'
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Fact]tt~
East Inlet Channel
East Inlet Condutt
West Inlet Channel
West Inlet to Bastn
Lateral Stubs to FO$
Storm Drain
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FAC, lUTES TO BE MAINTAINED BY
CITY OF TUSTIN
'~NVIRONMENTAL MANAGEMENT AGENCY