14-0204_ORANGE, COUNTY OF_Agreement No. D13-039Agreement No. D13-039
AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SAN JUAN CAPISTRANO
For Water Line Facilities Relocation for Construction of La Pana Avenue from Ortega Highway to
the Intersection of Calle Saluda and Avenida La Pata in San Clemente
THIS AGREEMENT ("Agreement') for the purpose of identification hereby numbered D13-
039 and entered into this�'� day ofFE6�- 29111- :4011t
BY AND BETWEEN County of Orange, a political subdivision of the State
of California("County')
6447
City of San Juan Capistrano, a municipal corporation
("City')
RECITALS
WHEREAS, County proposes to widen La Pats Avenue from three lanes to five lanes from
approximately 750 feet south of Ortega Highway (SR -74) in the County of Orange to the existing
road terminus at the County`s Prima Deshecha Landfill; implement a gap closure by constructing
four new lanes from the existing terminus to the intersection of Calle Saluda and Avenida La Pate
in the City of San Clemente; and extending Camino Del Rio as a four -lane roadway from its existing
terminus in the Forster Ranch community to the City to the proposed La Pats Avenue roadway
("Project"); and
WHEREAS, City and County desire to cooperate with each other to remove and relocate a
portion of City's water line facilities ("Facilities Relocation") which is in conflict with the Project.
WHEREAS, County has prior rights over the City's water line which is in conflict with the
PROJECT.
WHEREAS, the cost of the first relocation is the responsibility of the City.
WHEREAS, City desires the County to include Facilities Relocation into the Project plans
and specifications in accordance with the terms of this agreement.
AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between the Parties hereto as follows:
COUNTY SHALL:
A. Prepare the necessary plans and specifications for the Facilities Relocation
work per City standards and include within the Project plans and
Agreement No. D13-039
specifications.
Advertise for bids and award a construction contract for PROJECT to the
lowest responsive bidder ("Contractor") The City shall be given the
opportunity to review and comment on the bid form and specifications prior
to advertisement of the bid.
C. Be solely responsible for Project contract award and for the administration
and performance of the contract awarded to Contractor for the Facilities
Relocation.
D. Incorporate within the contract documents for the Project a requirement for
the Contractor to obtain and keep in full force and effect throughout the life
of the Project, for the mutual benefit of City and County, a policy or policies
of comprehensive, broad form, general liability and automotive insurance
against claims and liabilities for activities of Contractor in the amount of
$5,000,000 (combined single limit per occurrence). Said policies shall name
City and its respective elected and appointed officials, officers, agents and
employees as additional insured's and shall, additionally, contains language
providing for a waiver of subrogation, that the policies are primary and
noncontributing with any insurance that may be carried by the parties
hereto and that said insurance may not be cancelled or materially changed
except upon thirty (30) days written notice to County. County shall also
require that workers' compensation benefits be secured by the Contractor
as required by law.
E. Appoint a representative to administer the construction contract and
perform the usual functions of a Resident Engineer ("Resident Engineer").
Decisions made by the Resident Engineer shall be final. The duties of the
Resident Engineer shall include coordination of submittal review with the
County's Design Engineer, pipeline installation inspection, welding
inspection, enforcement of Contractor's compliance with Mitigation
Measures of the Project, and other duties normally associated with
construction management.
F. Provide access to Project site for the City's purposes of inspection and to
ensure that the Facilities Relocation work is being performed in accordance
with the approved plans and specifications.
G. Issues contract change orders to the Facilities Relocation work but only after
approval by the City's Representative. _
H. Not accept the Facilities Relocation work from Contractor until City concurs
with City's facilities have been constructed in accordance with City's
approved plans and specifications and any authorized Contract Change
Agreement Na D13439
Orders.
Require that any and all labor and materials bonds and performance bonds
required to be supplied by the Contractor for the Project shall Include City as
a named assured on said bonds.
Require that the Contractor provide a one year warranty and bond in the
amount of the constructed facilities for material and labor of the Facilities
Relocation to the City.
Incorporate within the construction contract documents for the Project, a
provision to allow the City to remove and cancel the Facilities Relocation
work from the Project, if the City determines that the Contractor did not
competitively bid on the work of the Facilities Relocation.
11. CITY SHALL:
A. Review and approve in writing the Facilities Relocation plans and
- specifications prepared by the County to be Included in the Project plans
and specifications.
B. Secure the necessary permits for construction and operation of the Facilities
Relocation to include into County's plans and specifications for Project. Said
permits shall be delivered to County prior to submittal of plans and
specifications to the Orange County Board of Supervisors for approval and
advertising.
C. Pay for all Initial costs of the Facilities Relocation in three (3) equal
installments based upon actual sum of the item bid prices for the Facilities
Relocation from the Contractor to whom County has awarded the contract
for the Project, plus any related Change Orders, plus 15% for construction
management services.
D. Pay forthe first installment two (2) years after the award of the construction
contract or by December 31, 2015, whichever comes last.
E. Pay for the second installment one year after the first installment and the
third installment one year after the second installment.
F. Appoint a representative ("City Representative"), who shall inspect all
construction activities relation to the Facilities Relocation. City's
REPRESENTATIVE shall at all times coordinate activities with and cooperate
with the Resident Engineer to ensure timely review of Facilities Relocation
activities to facilitate the construction activity, but the decision of County's
Agreement No. D13-039
Resident Engineer shall be final.
G. Review and expeditiously approve contract change order submittals from
County. City shall not unreasonably withhold consent to Change Order
submittals.
H. upon completion and acceptance of the construction work own, operate,
and maintain the installed facilities, and release County from any and all
liability arising from the Facilities Relocation.
Upon acceptance of the construction work for the Facilities Relocation and
receipt of an invoice and final accounting report from County, provide to
County final payment for said Facilities Relocation determined as the sum of
Section II. La, Lb, and I.c
a) The actual sum of the item bid prices for the Facilities Relocation,
from the Contractor to whom County has awarded the contract for
Project.
b) Contract change order expenses approved by the City's
Representative related to work involved with Facilities Relocation if
any, will be added to. the above.
C) Fifteen percent (15%) of the actual amount determined in Section II.
La and Lb above as an agreed amount to reimburse County for costs
incurred for construction management services.
Ill. IT IS MUTALLY UNDERSTOOD AND AGREED THAT:
A. Neither County nor City, or any officer or employee thereof, shall be
responsible for any loss, damage, or injury of any kind or character to any
person or property, arising out of anything done or omitted to be done by
the other under or in connection with any work or obligation performed
under this Agreement.
B. The terms and provisions of this Agreement shall be binding upon and inure
to the benefit of the parties hereto and their successors and assigns.
C. This Agreement may be executed in two counterparts and each such
counterpart shall be deemed to be an original.
D. Any notice or other written Instrument required or permitted by this
Agreement to be given to either party shall be deemed received when either
party personally served or forty-eight (48) hours after being deposited in
Agreement No. D13-039
the U.S. Mall, postage paid, registered or certified, and addressed as follows:
County: Mr. Harry Persaud, AICP, PMP
Manager, OC Planned Communities
OC Public Works
P.O. Box 4048
Santa Ana, California 927024048
City: Mr. Keith Van Der Maaten, Public Works and Utilities Director
City of San Juan Capistrano
32450 Pasea Adelanto
San Juan Capistrano, California 92675
E. No alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto, and no oral
understanding or agreement not incorporated herein shall be binding or any
of the parties hereto.
F. Any approval required to be given to either party pursuant to the terms of
this Agreement except for approval by County's Board of Supervisor's
and/or City's Mayor, shall be requested in writing and be deemed given if no
written response to the party's request for such approval is received by the
requesting party within thirty (30) days following a request for such
approval.
G. Pursuant to Government Code Section 895.4, County and City shall defend,
with counsel approved in writing, indemnify and save each other, their
respective elected officials, officers, agents, and employees harmless from
all liability from loss, damage, or injury (as defined in Government Code
Section 810.10.8) to persons or property, including any and all legal costs
and attomey's fees, arising in any manner out to the performance occurring
for any reason of anything done or obligation performed under this
Agreement.
H. This Agreement contains the entire agreement between the parties with
respect to the matters provided for herein.
If any part of this Agreement is held, determined or adjudicated to be illegal,
void or unenforceable by a court of competent jurisdiction, the remainder of
this Agreement shall be given effect to the fullest extent reasonably
possible.
The parties hereto agree that this Agreement has been negotiated and
executed in the State of California and shall be governed by and construed
Agreement No. 013-039
under the laws of California. In the event of any legal action to enforce or
interpret this Agreement, the sole and exclusive venue shall be a court of
competent jurisdiction located In Orange County, California, and the parties
hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure Section 394. Furthermore, the
parties hereto specifically agree to waive any and all rights to request that
an action be transferred for trial to another County.
K. The parties to this Agreement represent and warrant that this Agreement
has been duty authorized and executed, and constitutes the legally binding
obligation of their respective organization or entity, enforceable in
accordance with the terms.
This Agreement is subject to the availability of funds appropriated for this
purpose, and nothing herein shall be construed as obligating the Parties to
expend or as involving the Parties in any contract or other obligation for
future payment of money in excess of appropriations authorized by law.
M. The Project may be constructed in phases depending in the availability of
Project funding and other issues. In the event the County delays the Project
or decides to construct the Project in a way that Facilities Relocation is not
needed, the County reserves the right to terminate this Agreement, and
neither County nor City shall have any obligations hereunder.
Agreement No. D13-039
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates
opposite their respective signatures:
CIN
: OIANUAI]IPISTRA
Date: <AAo \ Dc-, ByTtleYN,O
ATTEST: I
APPROVED
By: By:
City Attorney Gty Clerk
COUNTY off1
Date: By: /
Chair oft oard of Supervisors
Orange County, Califomia
APPROVED AS TO FORM
Office of the County Counsel
Orange Coun r ' ornia
By:
Dep ty FACSIMILE SIGNATURE AUTHORIUD
PER G.C. SEC. 25103, RESO 741535
Signed and certified that a copy of this document SIGNED AND CERTIFIED THAT A COPY OFTHIS DOCUMENT HAS BEEN DELIVERED
dwv
TO THECHAIR OFTHE BOARD
has been delivered Co the Chair of the Board per G.C. Sec 25103, Resolution 79-1535ATTEST.
SUSAN NOVAK
CLERK OF THE BOARD OF SUPERVIS
ORANGE COUNTY. CALIFORNIA
Agreement No. D13-039
Attest:
Clerk of the Board of Supervisors
County of Orange, California
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
February 04, 2014
SubmittingAzency/Department OC PUBLIC WORKS
Approve agreement D13-085 with Hill International, Inc. for construction management services, 2/4/14 - 2/3/21
($7,706,372); approve agreements D13-039 with City of San Juan Capistrano for relocation of city waterline facilities,
D13-116 with San Diego Gas and Electric for relocation of electrical transmission facilities ($2,300,000) and D13-117
with Rancho San Juan Development for conveyance of real property to County in exchange for County's agreement to
waive certain fees payable by Ranch San Juan Development and County's agreement to build certain improvements; and
approve agreement
Continued on attached page...
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER ❑
Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) SPITZER: Y (4) NELSON: Y (5) BATES: Y
Vote Key: Y=Yes; N=No; A=Abstain; X=Excused,• B. 0. =Board Order
Documents accompanying this matter:
® Resolution(s) 14-020
❑ Ordinances(s)
Q Contract(s) 2 DT -CFA0
15�xc,f,FT v 13-111 : 3 olzl b
Item No. S25C
Special Notes:
Copies sent to:
OCPW: Isela Martinez
Eric Swint
Z--7 - 14
I certify that the foregoing is a true and correct copy of the Minute Order adopted
by the Board of Supervisors , Orange County, State of California.
Susan Novak, Clerk of the Board
M
Deputy
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
February 04, 2014
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED ® OTHER O
Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) SPITZER: Y (4) NELSON: Y (5) BATES: Y
Vote Key: Y=Yes; N=No; A Abstain; X=Excused,• B.O. =Board Order
D12-078 with City of San Clemente establishing responsibility of County and City for funding, design, construction, and
inspection of road improvements to La Pata and adopt resolution declaring portion of La Pata Avenue within City to be
a County Highway during construction of certain improvements declaring portions of La Pata Avenue and Camino Del
Rio to be County Highways; and approve agreement D13-119 with Southern California Edison (SCE) for allowing
construction within SCE right of way - District 5 (R.A. 7 requires 4/5 vote of the members)
Item No. S25C
I certify that the foregoing is a true and correct copy of the Minute Order adopted
by the Board of Supervisors, Orange County, State of California
Susan Novak, Clerk of the Board
By,
Deputy
2