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Home My WebLink About2003-11-25 - AGENDA REPORTS - UTILITIES AGMT BOUQUET BRIDGE (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: - CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by: November 25, 2003 9 Christopher Price UTILITIES AGREEMENT FOR THE BOUQUET CANYON BRIDGE WIDENING PROJECT - DISTRICT NOS. 26 AND 32 - PROJECT NO. S 1035 Transportation and Engineering Services RECOMMENDED ACTION City Council authorize the City Manager or designee to execute a Utilities Agreement with Los Angeles County Sanitation District Nos. 26 and 32 for the Bouquet Canyon Bridge, Project No. S1035, subject to City Attorney approval. BACKGROUND The construction of the Bouquet Canyon Bridge Widening Project is in conflict with the Los Angeles County Sanitation District's 15 -inch and 21 -inch diameter Bouquet Canyon Relief Trunk Sewer (referred to as "double barrel siphon"), the 42 -inch diameter Effluent Line, and the 12 -inch diameter Bouquet Canyon Trunk Sewer. The City and District dispute who should be responsible for the cost of protection and relocation of the District facilities. The City Attorney and the District's attorney have developed a Utilities Agreement outlining various points. The City agrees that in order to expedite the Bouquet Canyon Bridge Widening project, it will advance under protest the cost necessary to protect the District's double barrel siphon for completion of the project. The City and District agree to resolve the cost of protection of the double barrel siphon by future negotiations or by action in a court of competent jurisdiction in Los Angeles County. ALTERNATIVE ACTIONS Other action as determined by the City Council. APRONPErn FISCAL IMPACT There is no fiscal impact by this action. However, any additional administrative hours required in enforcing the Labor Compliance Program would be an eligible charge to the project. ATTACHMENTS Utilities Agreement UTILITIES AGREEMENT NO. 1 BOUQUET CANYON ROAD BRIDGE WIDENING PROJECT THIS AGREEMENT is made and entered into this day of. 2001, by and between CITY OF SANTA CLARITA, a municipal corporation organized under the laws of the State of California, hereinafter referred to as "CITY" and COUNTY SANITATION DISTRICTS NOS. 26 AND 32 OF LOS ANGELES COUNTY, each a body corporate and politic, hereinafter referred to as 'DISTRICTS." RECITALS THIS AGREEMENT is made with respect to the following facts: A. CITY advised DISTRICTS by letter dated April 2, 2001, that, unless DISTRICT'S could provide prior right documentation, the DISTRICTS would be responsible for protection/ relocation expenses oftheDISTRICTS' 15 -inch and 21 -inch diameterBouquet Canyon Relief Trunk Sewer, Section 1, hereinafter referred to as "double barrel siphon," which conflicts with —C1Tlr s Project S 1035, hereinaReiref=ed to as the'Bouquet Canyon Road Bridge Widening - Project." B. DISTRICTS through their counsel, responded by letter datedApril 9,200 1, that DISTRICTS disputed they were responsible for the protection/relocation expenses of the sewer facilities in the area of the Bouquet Canyon Bridge Widening Project. C. CITY through its counsel, responded by letter datedApri113, 2001, that CITY held its position that DISTRICTS were responsible for the protection/relocation of the sewer facilities. D. DISTRICTS through their counsel, respondedbyletterdated April 23,2001.thatD%STRICTS also held their position that the CITY was responsible forthe protection/relocation expenses of the sewer facilities. E. CITY, through its counsel,respondedbyletterdatedJune4,2001,thatCITYcontinuestohold its position thatDISTRICTS are responsible for theprotectionlrelocationexpenses ofthe sewer facilities, and, in an effort to expedite the project, the parties should enter into an agreement to determine liability at a later time. F. DISTRICTS, through their counsel, responded by letter dated June 20, 2001, and included the following points of agreement between the parties: (1) The CITY's consultant will solicit potholing bids. The parties will review the bids for approval, and the CITY'S selected contractor will perform the work The parties will equally share the cost of the potholing_ (2) The CITY's consultantwill design the necessaryrelocation ofthe DISTRICTS I 42 -inch (3) diameter Effluent Line No. 2. DISTRICTS willreview the design for approval, and the CITY'S selected contractor will perform the work The CITY will bear the costs associated with the relocation of Effluent Line No. 2. The CITY's consultant will design the means of protecting the DISTRICTS' 12 -inch diameter Bouquet Canyon Trunk Sewer. DISTRICTS will review the design for approval, and the CITY's selected contractor will perform the work The CITY will bear the costs associatedwith the protection ofthe Bouquet CanyonTrunk Sewer during construction. (4) The CITY's consultant will design the means of protecting the DISTRICTS' double barrel siphon. DISTRICTS will review the design for approval, and the CITY'S selected contractor will perform the work G. Although the CITY and DISTRICTS disagree on the issue of who is liable for the costs of protecting the DISTRICTS' doublebarrel siphon, the CITY agrees that in orderto expedite the Bouquet Carryon Road Bridge Widening Project, it will advance, under protest, the costs necessary to protect the DISTRICTS' double barrel siphon for completion of the project. 2 V V V NOW THEREFORE, it is agreed by and between the parties as follows: The RECITALS hereinabove set forth are true and correct and the parties agree to take all of the actions described in RECITALS F and G above. 2. In executing this Agreement, it is agreed thatneither party diminishes its position or waives any of its rights, or accepts liability. 3. If the CITY's consultant determines that protection of the DISTRICTS' 42 -inch diameter Effluent Line No. 2 is a viable option, the DISTRICTS will review the design prepared by the CITY's consultant forapproval. The CITY's selected contractor willperform the work and the CITY will bear the costs associated with the protection of Effluent Line No. 2 during construction. 4. In accordance withsectionF(2), iftheDISTRICTS' EffluentLineNo.2 is relocated, the CITY shall also convey or cause to be conveyed to the DISTRICTS without cost, the necessary -- --. .. ..._. _..._.._... _ easement for portions of the relocation of Effluent Line No. 2. S. The CITY or its agents, shall keep and maintain accounting records with respect to the costs incurred to protect the DISTRICTS' double barrel siphon for the project. The method of tracking the costs shall be discussed and agreed upon by the CITY and DISTRICTS prior to advertisement of the project. The DISTRICTS reserve the right to inspect the accounting records prior to completion of the project. 6. The CITY and DISTRICTS reserve the righttohave all liabilities withrespeetto theprotection oftheDISTRICTS' doublebarrel siphon necessitated by CMOs Bouquet Canyon RoadBridge Widening Project and the costs of collection resolved by future negotiations or by an action in a court of competent jurisdiction in Los Angeles County, California. In the event said issue is resolved in the favor of the CI'T'Y, DISTRICTS shall reimburse the CITY in full for said cost within thirty (30) days following a final determination. 7. The CITY shall cause the DISTRICTS to be named as an additional insured on all liability insurance policies procured in connection with sewer protection/relocation work described in sections F(2), (3), and (4) and paragraph 3 above and furnish DISTRICTS with copies of all such policies. S. CITYis responsible for all losses and liabiiities and will holdl)ISTIUCTS, their officers, agents and employees, free and harmless from all claims, demands, repairs and costs and assume the defense ofalI actions arising from or in anyway associated with the sewerprotection/relocation work described in sections F(2), (3), and (4) and paragraph 3 above. Ell IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year hereinabove first written: APPROVED AS TO FORM: LEWIS, D'AMATO, BRISBOIS & RISGA 4BD, LLp COUNTY SANITATION DISTRICT NO. 26 OF LOS ANGELES COUNTY By:, S 44-11 1. <3:� -' B District C sel �Aerson NOV 14 20 ATTEST: MIAMI,, / APPROVED AS TO FORM By: City Attorney ATTEST: By: City Clerk 5 COUNTY SANITATION DISTRICT NO. 32 OF LOS ANGELES COUNTY CITY OF SANTA CLARITA By: Mayor