HomeMy WebLinkAboutCC 12 INSTALL FAC'S 05-02-88DATE: APRIL 26,
NO. 12
CONSENT CALENDAR
TO:
WILLIAM HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: AGREEMENT WITH IRWD FOR INSTALLATION OF FACILITIES
IN EL CAMINO REAL
RECOMMENDATION:
That the City Council approve an agreement with the Irvine Ranch Water
District providing for installation of domestic water and reclaimed
water facilities in E1 Camino Real between Myford Road and Jamboree
Road.
BACKGROUND:
The City of Tustin is going out to bid for the improvement of E1 Camino
Real between Myford Road and Jamboree Road. Part of that improvement
--consists of installation of 1900' of 10" domestic water line and 1900'
.f 4" reclaimed water line. The estimated cost of these facilities is
$85,000 and is included in the Engineer's Report for Assessment
.District 85-1 funding. There will also be engineering fees to be paid
to IRWD totaling $7,022.
Bob Ledendecker
Director of Public Works/City Engineer
SL/ SW/mv
Ronald E. Wolfo~.
Engineering Se~ices Manager
DISTRICT FILE NO.
NORK ORDER NO.:
DISTRICT I,O,'
CITY OF TUSTIN
ASSESSMENT DISTRICTS
SD2. 13274 AD 85-1
4U~92/bZU~b
150/250
A.D. PROJECT NO.:
AREA:
STREET LOCATION:
85-1 - P.R.# 700045
Tustin Ranch
El. Camino Real between
Myford & Jamboree
AGREEMENT FOR CONSTRUCTION OF WATER,
SANITARY SEHER, AND RECLAIMED WATER FACILITIES
The parties' to this Agreement are the CITY OF TUSTIN, a m~nicipal
corporation (hereinafter referred to as the "City") and the IRVINE RANCH
HATER DISTRICT, a California water district organized and existing pursuant
to the California Water District Law, (hereinafter referred to as the
"District").
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, described as follows (hereinafter referred
to as the "Facilities"):
(a) Hater System Faci li ti es:
1736LFF.. - 10" A.C.P. C-150 175 L.F. - 10" D.I.P.
156 L.F. - 8" A.C.P. C-150
2 ea. - 8" Gate Valve ; 7 ea. - 10" Gate Valve
(b) Sanitary Sewer Facilities:
None
(c) Reclaimed Water System Facilities: (as applicable)
1788 L.F. - 4" P.V.C. C-900
130 L.F. - 4" D.I.P.
3 ea. - 4" Gate Valve
3 ea. - 2" Copper Service
' Z" Blowoff
The
City
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 as
follows: E1 Camino Real:
From the westerly side of the El Modena - Irvine Channel
easterly to Jamboree Road.
The location of the Facilities is depicted on Exhibit "A", attached to
this Agreement and incorporated herein by this reference;
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").
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NOW, THEREFORE, THE PARTIES O0 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 13 hereof, approval of
plans and specifications, the delivery of required bonds, the conveyance of
necessary easements for areas not in future street rights-of-ways, 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 such
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,
insurance and bond premiums.
4. City agrees that the Facilities shall be constructed in
accordance with plans and specifications which shall comply with all
applicable requirements of the Oistrict'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 requ.ire 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
specifications 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 lands.
7. City agrees to provide to the District, prior to acceptance
of the Facilities as set forth in Section 8, 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 of the District and is by this reference
incorporated herein, and to substantiate such report with invoices and
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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 Oirectors 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;
and City hereby agrees that City is ho]ding 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 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
result of any work or action performed by City or on behalf 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 of the
Facilities pursuant to this Agreement. The foregoing hold harmless and
indemnity provisions shall also apply to any repairs made by city during the
one (1) year guarantee period set forth in Section 5.
11. District agrees to hold the City harmless from any expense
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 City of Tustin, 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 District approve this Agreement. Such fees and charges shall be set
forth on Exhibit "B" 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.
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15. City agrees that the General Manager of the District or his
authorized representative may enter upon the hereinabove described property
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 failu're 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,
1973, among City, District anq The Z.rvine 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 Hater 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 an~ District are currently negotiating an amendment ot the
1973 agreement regarding the terms and conditions of the provision Of water
service to Parcel 2. In consideration of the foregoing, City anq District
agree as follows:
16.1
16.2
If that amendment is executed after any of the Hater 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 Hater 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 Hater System Facilities and easements. Upon
City's acceptance of the documents, City shall operate the Hater
System Facilites, in accordance with the amendment, and the
provisions of Section ll shall no longer apply to the operation
of the Hater System Facilities.
If that amendment is executed prior to the acceptance of any of
the Hater System Facilites, the provisions of Sections 6, 7, 8
and the provisions of Section ll regarding the operation of such
Hater System Facilities shall no longer apply to the Hater System
Facilities and the Hater System Facilities shall be owned and
operated by City in accordance with the amendment.
17.
Special conditions for service, if any:
Domestic and Reclaimed Water Mains & Appurtenances to be
constructed according to the standard specifications of the
Irvine Ranch Water District.
CITY OF TUSTIN
IRVINE RANCH HATER DISTRICT
BY:
CITY OF TUSTIN, MAYOR
BY:
JOHN T. MORRIS
DIRECTOR OF ENGINEERING &
PLANNING
ATTEST:
BY:
BETTY WHEELER
SECRETARY TO THE DISTRICT
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~Y:
CITY CLERK
DATE:
APPROVED AS TO FORM:
CITY ATTORNEY
BY:
DEPUTY CITY ATTORNEY
CITY OF TUSTIN
APPROVED AS TO FORM:
BONIE, ARNESON, KADI & DIXON
LEGAL COUNSEL,
IRVINE RANCH HATER DISTRICT
BY:
1877M
--5--
EXHIBIT A
TO
APPLICJkTION TO AND AGREEMENT
WITH THE IRVINE RANCH WATER
DISTRICT FOR WATER, SANITARY
SEWER AND RECLAIMED WATER
SERVICE
2ISTRICT FiLE NO.:
WORK ORDER NO.:
DISTRICT I.D.:
SD2. 13274 AD 85-1
4UI~Z/bZU~b
IbU/Zbg
CIl~f OF TUSTIN
ASSESSMENT DISTRICTS
DATE April 12, 1988
A.D. NO.: AD 85-1
AD. PROJECT NO: 700045
PHASE NO. None
STREET LOCATION: E1 Camino Real between
Myford Road & Jamboree
A. Water
(il
(ii)
TOTAL
Service Fees and Charoes
Plan Check and~Inspection
8ondable Cost $55,900~00
Water Connection Fees
(1) Commercial
acres at
(2) Industrial
acres at
WATER SERVICE FEES AND CHARGES:
at 8 % $ 4,472.00
per acre $ N/A
per acre $ N/A
$ 4,472.00
(il Plan Check and Insoection
Bondable Cost $ at
(ii) Sewer Connection Fees
(1) Commercial
acres at $
(2) Industrial
acres at $
(iii) Sewer SubtrunK T1/ ~nspection
Total footage of 6" size and larger,
L.F. at $
None
TOTAL SANITARY SEWER FEES AND CHARGES
per acre N/A
per acre N/A
None
None
Co
Reclaimed Water Charges
(il Plan Check and In~p~tiQn
Bondable Cost $ 25,500.00 at 10 %
TOTAL RECLAIMED WATER SERVICE FEES AND CHARGES:
TOTAL FEES AND CHARGES SUBMITTED HEREWITH:
Less Prepaid Check Fees: Water
Sewer
RIW
4-12-88 TOTAL
Date of Preparation of Exhibit A:
2,550.00
2,550.00
7,022.00
1,958.43
0
808.02
4,255.55
*The amount set forth is based on the District's schedules of fees and
charges in effect on Aug. 1988 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.
1877M
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