18-0306_LUCAS BUILDERS, INC._Agenda ReportE12 - CopyTO :
FROM :
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~jamin Siegel, City Manager
SUBMITIED BY: Steve May, Public Works and Utilities Director ~I'(AA.._
PREPARED BY: Joe Parco, P.E., City Engineer
Paul Meshkin, P.E., Senior Civil Engineer
DATE : March 6, 2018
3/6/2018
E12
SUBJECT: Appropriation and Award of a Construction Contract for the Camino
Capistrano and Del Obispo Street Stormwater Treatment Projects
(CIP 12502 and 16502) (Lucas Builders Inc.)
RECOMMENDATION:
1. Unfund the Historic Town Center Drainage Improvement Project (CIP 15502), in the
amount of $126,204; and,
2. Appropriate $71,936 from Systems Development Fund for Camino Capistrano
Stormwater Treatment Project (CIP12502); and,
3. Appropriate $54,268 from Systems Development Fund for Del Obispo Stormwater
Treatment Project (CIP16502); and,
4. Award a Contract for the Camino Capistrano and Del Obispo Street Stormwater
Treatment Projects (CIP 12502 and 16502) to the lowest responsible bidder, Lucas
Builders Inc. in the amount of $399,204; and,
5. Authorize the City Manager to execute the contract and to approve change orders
that will not increase the contract amount by more than $48,000 (12%).
EXECUTIVE SUMMARY:
The Camino Capistrano and Del Obispo Street Stormwater Treatment Projects were
advertised for construction bids on January 11, 2018. Three bids were received and
opened on February 1, 2018. The general area of the Project is shown on Attachment 1.
Staff evaluated the bids and is recommending that the City Council award a
City Council Agenda Report
March 6, 2018
Page 2 of 5
construction contract (Attachment 2) to the lowest responsible bidder, Lucas Builders
Inc. in the amount of $399,204. Staff is also recommending that the City Manager be
authorized to approve change orders to the contract that will not increase the contract
amount by more than $48,000, which is 12% of the base contract amount. Finally, the
total cost of the Project construction is expected to exceed the current Project budget by
$126,204, and an appropriation of this amount is recommended to cover the shortfall.
DISCUSSION/ANALYSIS:
The Project consists of the installation of bio-filtration units, storm drain pipeline, and
removal and replacement of catch basins . As described in the following sections, the
City entered into two agreements with Caltrans in 2011 and 2012 whereby the City is
obligated to construct these two storm drain water treatment systems that are water
quality mitigation for Caltrans' 1-5 Freeway ramp projects at Ortega Highway and at
Camino Capistrano. Caltrans has contributed $212,000 toward the cost of the Project.
On August 26, 2011, the State of California and the City entered into an agreement
(Attachment 3) to install a stormwater treatment system for Camino Capistrano near the
1-5 Freeway southbound ramps at Camino Capistrano. As part of the National Pollution
Discharge Elimination System (NPDES) requirements for this Caltrans Project, Caltrans
was required to treat stormwater runoff from the improved freeway southbound on-ramp
and off-ramp at Camino Capistrano and the 1-5 Freeway constructed by Caltrans in
2013.
Also, on April 16, 2012, the State of California and the City entered into a similar
agreement (Attachment 4) to install a stormwater treatment project on Del Obispo Street
south of Ortega Highway (CIP 16502). The Del Obispo Street Project will treat
stormwater runoff from the new interchange at Ortega Highway and the 1-5 Freeway.
Under these two agreements, the City received a total of $212,000 in funding from the
State for the two projects. Although this amount was sufficient to complete design,
additional funding is needed to complete construction.
Below is a summary of the three bids received . All of the bids were complete and
responsive to the Notice Inviting Bids, and are valid until May 1, 2018 (90 days from the
bid opening date).
The lowest bid was submitted by Lucas Builders Inc. in the amount of $399,204. Staff
has checked Lucas Builders Inc. references, licenses, and payment bonds, and has
received positive feedback on its past performance. A time limit of 100 calendar days
City Council Agenda Report
March 6, 2018
Page 3 of 5
from the date of issuance of a Notice to Proceed has been set for the completion of
construction, with an expected completion by mid-July. As with most any construction
project, the construction schedule could be extended by weather or discovery of
unknown conditions .
The original budget for the Camino Capistrano and Del Obispo Project was $358,000.
The Engineer's Estimate was $295,000. The low bid of $399,204 is approximately 35%
above the Engineer's Estimate due to several factors including the higher cost
associated with night work required between the hours of 9:00 P.M. to 5:00 A.M.
Monday through Thursday. This restriction was required to minimize traffic impacts on
these streets. Also, the higher costs are associated with a competitive contracting
environment and the relatively small size of the Project.
In order to allow for timely resolution of any unknown conditions that can result in extra
cost, a 12% contingency of $48,000 is proposed to be included in the contract amount,
and it is recommended that the City Manager be authorized to approve construction
change orders up to this amount.
FISCAL IMPACT:
Below is a summary of the Project costs and budget, showing a Project shortfall of
$126,204.
~~~-~ -~~~ .. "··_~--.~t~~~s ~ 7 ~-, ._-~r;--_:_~i ~~~-=-ut'! Tfl'~_rrl"9-~~tsJT J
Construction contract ($399,204)
12% contingency ($ 48,000)
Contract administration and support services * ($ 37,700)
Current unencumbered Project budget $358,700
Total Shortfall ($126,204)
* Contract Administration includes staff project management, material testing,
inspection services, archeology and Native American Monitoring.
In order to cover the projected shortfall, staff recommends defunding the Historic Town
Center Drainage Improvement Project (CIP 15502) in the amount of $126,204 and
returning the funds to the System Development Fund. This Project (CIP 15502) involves
conducting hydraulic studies to determine drainage deficiencies in the Historic Town
Center (HTC) area and is not considered time sensitive. This project will be added in
the future as funds become available.
The funds to be returned to the Systems Development Fund will cover the appropriation
needed to augment the budgets for the two drainage projects as follows : $71,936 for
Camino Capistrano (CIP 12502), and $54,268 for Del Obispo Street (CIP 16502), for a
total of $126,204.
City Council Agenda Report
March 6, 2018
Page 4 of 5
ENVIRONMENTAL IMPACT:
This Project has been reviewed in accordance with the California Environmental Quality
Act ("CEQA"). The City's Environmental Administrator has determined that the Project is
categorically exempt from further environmental review under the Class 3 exemption for
New Construction of Small Structures or Facilities (CEQA Guidelines 15303). Approval
of this Project would allow the construction of storm drain water treatment systems and
installation of bio-filtration units, storm drain pipeline, and removal and replacement of
catch basins at two locations. The Project will not generate any substantial
environmental impacts. The Project will have negligible impact on any facility and will
treat stormwater runoff from the improved freeway southbound on-ramp and off-ramp at
Camino Capistrano and the 1-5 Freeway, and a stormwater treatment project on Del
Obispo Street south of Ortega Highway. A Notice of Exemption will be filed with the
County Clerk/Recorder's Office within five days of approval of the Project.
PRIOR CITY COUNCIL REVIEW:
• On September 5, 2017, the City Council took the following actions to augment
funding for the Camino Capistrano Stormwater Treatment Project (CIP 12502) and
the Del Obispo Street Stormwater Treatment Project (CIP 16502):
o Unfunded the following Capital Improvement Projects, returning the funds to
Systems Development Fund: Camino Capistrano Storm Drain between San Juan
Creek Road and Ortega Highway (CIP 15501 ); Calle Arroyo and Sundance Drive
Drainage Improvements (CIP 15503); and La Novia and La Ronda Drainage
Improvements (CIP 15505);
o Appropriated $170,000 from the Systems Development Fund for the Camino
Capistrano Stormwater Treatment Project; and
o Appropriated $77,000 from the Systems Development Fund for the Del Obispo
Street Stormwater Treatment Project.
• On April 3, 2012, the City Council approved an agreement with Caltrans whereby
Caltrans contributed $112,000 toward the cost of a stormwater treatment system
that the City would be obligated to design and construct near the 1-5 Freeway and
Ortega Highway ramps.
• On August 2, 2010, the City Council approved an agreement with Caltrans whereby
Caltrans contributed $100,000 toward the cost of a stormwater treatment system
that the City would be obligated to design and construct near the 1-5 Freeway and
Camino Capistrano ramps.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
This Project does not require commission, committee, or board review.
City Council Agenda Report
March 6, 2018
Page 5 of 5
NOTIFICATION:
Lucas Builders Inc
Palp Inc. DBA Excel Paving Company
Beador Construction Company Inc.
Caltrans, Grace Pina-Garrett
ATTACHMENTS :
Attachment 1 -Location Map
Attachment 2 -Construction Contract
Attachment 3 -Cooperative Agreement-Camino Capistrano Project
Attachment 4 -Cooperative Agreement -Del Obispo Street Project
-......
City of
SAN JUAN
CAPISTRANO
PROJECT
---LOCATION
CIP16502
~--PROJECT
LOCATION
CIP12502
ATTACHMENT 1
Page 1 of 1
00 52 13 -CONTRACT
This CONTRACT, No. ____ is made and entered into this __ day of , ,
by and between City of San Juan Capistrano, sometimes hereinafter called "City," and
L u cas Builders, I nc . sometimes hereinafter called
"Contractor."
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated In
the Contract, and shall provide all labor, materials, equipment, tools, utility services, and
transportation to complete all of the Work required in strict compliance with the Contract
Documents as specified in Article 5, below, for the following Project:
1-5/ ORTEGA INTERCHANGE BIO-FIL TRATION PROJECT
1. CAMINO CAPISTRANO @ 1-5 (CIP 12502)
2. DEL OBISPO STREET (16502)
The Contractor and its surety shall be liable to the City for any damages arising as a result of
the Contractor's failure to comply with this obligation .
a. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The
Work shall be commenced on the date stated in the Distric's Notice to Proceed. The Contractor
shall complete all Work required by the Contract Documents at Location 3 on Camino
Capistrano (Caltrans Enroachment permit area) within 80 calendar days and within 100
calender days for the remaining Work from the commencement date stated in the Notice to
Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above
is adequate and reasonable to complete the Work. I.
b. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the
performance of the Contract, subject to any additions or deductions as provided in the Contract
Documents, and including all applicable taxes and costs, the sum of
Three Hundred Ninety Nine Thousan Two H!lnd red fonr Dollars
($ 3 9 9 , 2 0 4 ). Payment shall be made as set forth in the General
Conditions.
c. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is
agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11
for each and every calendar day of delay beyond the time prescribed in the Contract Documents
for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event
this Is not paid, the Contractor agrees the City may deduct that amount from any money due or
that may become due the Contractor under the Contract. This Article does not exclude recovery
of other damages specified in the Contract Documents.
61147.021 00\20950242.3 -41-00 52 13 CONTRACTS
Attachment 2, Page 1 of 4
d. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the
following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
De'signation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions/ General Requirements
Special Conditions/ Special Provisions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction "Greenbook", latest edition,
Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. This Contract shall
supersede any prior agreement of the parties.
e. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and
every provision of law required to be included in these Contract Documents shall be deemed to
be included in these Contract Documents. The Contractor shall comply with all requirements of
applicable federal, state and local laws, rules and regulations, including, but not limited to, the
provisions of the California Labor Code and California Public Contract Code which are
applicable to this Work.
f. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth
in the General Conditions.
g. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages
in accordance with the Labor Code which such rates shall be made available at the City's
Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be
posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
61147.02100\20950242.3 -42-00 52 13 CONTRACTS
Attachment 2, Page 2 of 4
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,
on the day and year above written.
Lucas Builders , Inc .
Name of Contractor
By ___________________________ ___
Name and Title: -------------
License No.---------------------
Date:------------------------
(CONTRACTOR'S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
CITY OF SAN JUAN CAPISTRANO
By ____ ~~--~-------------Benjamin Siegel, City Manager
Date:------------
/. L.! .f1, .-( Approved as to form this _ L day of _.,_f}_e;.__zo_r_v._o._r-_,
7
"'Y _ 20 I & .
ATTEST:
By:
City Clerk San Juan Capistrano
END OF CONTRACT
61147.02100\20950242.3 -43-00 52 13 CONTRACTS
Attachment 2, Page 3 of 4
Notary Acknowledgment
A notary public or other officer completing th is certificate
verifies only the identity of the in-dividua l who signed the
document to which this certificate is attached, ana not the
truthfulness, ~ccuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF------
On ________ ...... 20_, before me, ______________ ,, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though tho information below Is not required by law, it may prove valuable to persons rolylng on the document
and could pro vent fraudulont removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
u Individual
n Corporate Officer
1 ; Partner(s)
u Attorney-In-Fact
[i Trustee(s)
[l Guardian/Conservator
l'l Other:
Signer is representing:
Title(s)
I;
Name Of Pernon(s) Or Enlity(les)
61147.02100\20950242.3
Limited
General
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Number of Pages
Dale of Document
--------,S,.,..ig-ne...,r('"'s)c--::O"""th-e-:r T=-:-h-an-N"'"9tTI-ed-;-:-A,-bo-ve _____ ---
-44-00 52 13 CONTRACTS
Attachment 2, Page 4 of 4
12-0ra-5, PM 8.5/9.4
In San Juan Capistrano at
SIB Camino Capistrano Ramps
Interchange and Bridge Widening
12206-0E5701, ID: 12 0000 0103
District Agreement No. 12-622
COOPERATIVE AGREEMENT
This Agreement, entered into effective on ~ t-.:Z,kz , 2011, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and the
CITY OF SAN JUAN CAPISTRANO, a body politic and a
municipal corporation of the State of California, referred to herein as
"CITY".
1 Attachment 3, Page 1 of 6
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 131, are authorized
to enter into a Cooperative Agreement for improvements within the City of San Juan
Capistrano, County of Orange.
2. STATE and CITY desire to have the following improvements collectively hereinafter referred to
as "PROJECT" made: constructing an auxiliary lane of the southbound Interstate 5 to Camino
Capistrano off-ramp; widening Camino Capistrano off-ramp from 2 to 3 lanes; adding a right-
turn lane on northbound Camino Capistrano to the southbound on-ramp; widening Camino
Capistrano south of the ramp from 2 to 4 lanes for approximately 800 ft, and from 2 to 3 lanes
for approximately 900 ft; adding 1 additional lane each direction of Camino Capistrano north of
the ramp; modifying affected drainage facilities and re-striping.
3 . The PROJECT area is located within the jurisdiction of the San Diego Regional Water Quality
Control Board (SDRWQCB). Regulations for discharges within this area are included in the
Water Quality Control Plan for the San Diego Basin 9 (Basin Plan-September, 1994) and in the
Clean Water Act Section 401 Water Quality Certification No. 09C-034 for this PROJECT.
4. STATE intends to contribute to CITY a one time lump sum amount of $100,000 toward the
purchase and installation by CITY of the storm water treatment system (TREATMENT) located
on a CITY street to treat storm water runoff from the PROJECT area.
5. The· parties hereto intend to define herein the terms and conditions under which contribution is
to be accomplished.
SECTION I
CITY AGREES:
1. To submit an invoice to STATE in the amount of $100,000 within 60 calendar days prior to
the purchase and installation of TREATMENT system, said invoice represents STATE's a
one-time lump sum contribution toward purchase and installation of the TREATMENT
system.
2. To install TREATMENT system per SDRWQCB certification requirements.
3. To provide traffic control for the installation of the storm water treatment system at no
additional cost to the STATE.
4. To maintain and operate the proposed TREAMENT at no additional cost to the STATE
2 Attachment 3, Page 2 of 6
SECTION II
STATE AGREES:
1. To deposit with CITY within 30 calendar days of receipt of invoice in the amount of
$100,000, said invoice represents STATE's a one-time lump sum contribution toward
TREATMENT construction.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the allocation
of any funds by the CTC.
2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction conferred upon CITY under this
Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save
harmless STATE and all its officers and employees from all claims, suits or actions of every
name, kind and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this Agreement.
3 . Neither CITY nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction conferred upon STATE under this
Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save
harmless CITY and all its officers and employees from all claims , suits or actions of every
name, kind and description brought forth under, including, but not limited to, tortious ,
contractual, inverse condemnation and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this Agreement.
4. No alteration 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 on any of the parties hereto.
5 . This Agreement shall terminate upon satisfactory completion of all construction obligations
of CITY and the concurrence of STATE, or on January 30, 2013, whichever is earlier in time
except for those provisions which relate to indemnification, ownership, operation, and
maintenance, which shall remain in effect until terminated or modified in writing by mutual
agreement.
3 Attachment 3, Page 3 of 6
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: A~ A tv\.~--L
~ FrankLin
Acting Deputy District Director
Capital Projects Outlay Program
·y,. --
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS:
~~/'/s .
District Budget Manager
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
A'ITEST ).'
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
4 Attachment 3, Page 4 of 6
TREATMENT COST ESTIMATE
PHASE FUNDING TOTAL
STATE CITY
CONSTRUCTION $100,000 $0 $100,000
5 Attachment 3, Page 5 of 6
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAM AllEVA TO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuan capistrano.org
... ~-
CITY COUNCIL MEETING
MINUTE EXTRACT
A Regular Meeting of the City Council of the City of San Juan Capistrano, California was held
on August 2, 2011 at 6:00 p.m . in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano, California with Mayor pro tern Kramer presiding.
ROLL CALL
PRESENT: COUNCIL MEMBERS : Freese, Reeve, Taylor and Mayor pro tern Kramer
Mayor Allevato ABSENT: COUNCIL MEMBER:
EXTRACT OF: Consent Calendar 07: Consideration of Approving Two Cooperative
Agreements with CaiTrans for Transfer of a Grant for the Design Phase of Ortega Highway
and 1-5 Interchange Project; and Placement of Water Quality Treatment System .
Council A ct ion : Moved by Council Member Freese, seconded by Council Member Taylor,
and carried 4-1, with Mayor Allevato absent, to approve Cooperative Agreements with
CaiTrans to transfer $2.5M Orange County Transportation Authority (OCTA) to CaiTrans to
receive $100,000 from CaiTrans for replacement of treatment systems into city catch basins
near Camino Capistrano on/off ramps and for the design phase of Ortega and 1-5 Interchange
project, authorizing the City Manager to execute.
ROLL CALL:
AYES:
NOES
ABSENT :
Council Members : Freese, Reeve, Taylor and Mayor pro tern Kramer
CounciiMembe~: None
Council Members: Mayor Allevato
I, Maria Morris, City Clerk of the City of San Juan Capistrano, California, do hereby certify that
the foregoing is a true and correct copy of the Minute Entry on record in the City Clerk's office .
Said Minutes have not been offiCially approved by the City Council of the City of San Juan
Ca 1 tran. , as of August 3, 2011 .
I ,
I
i I~ I N SS WHEREOF, I hereunto set my hand and affix the official seal of the City of San
l ·uan C 'p t rano, California this 3rd da of August, 2011 .
\
M
San Juan Capistrano: Preserving the Past to Enhance th e Future
Attachment 3, Page 6 of 6
12-0RA-74 PM 0.00/1.60
EA OE310, ID-12-0000-0102
District Agreement No. 12-646
COOPERATIVE AGREEMENT
This Agreement, entered into erfective on ~~..Q_ 1\o 2012, is between the
STATE OF CALIFORNIA, acting by and throug 1 tts Depanment of Transportation, referred to
herein as "STATE", and the
CITY OF SAN JUAN CAPISTRANO, a body politic and a
municipal corporation of the State of California, referred to herein as
"CITY".
Attachment 4, Page 1 of 6
.·
RECITALS
l. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements within the City of San
J~an Capistrano, County of Orange.
2. STATE and CITY desire to have the following improvements collectively hereinafter referred
to as "PROJECT'' made: reconstruction of the interchange at State Route 74 and Interstate 5 in
the City of San Juan Capistrano.
3. The PROJECT area is located within the jurisdiction of the San Diego Regional Water Quality
Control Board (SDRWQCB). Discharge within the area are regulated by the California
Department of Transportation's Statewide Stormwater Permit (NPDES PERMIT). The
NPDES PERMIT requires the inclusion of storm water treatment systems for new or major
reconstruction projects.
4. STATE intends to contribute to CITY a one time lump sum amount of $112,000 toward the
purchase and installation by CITY of the storm water treatment system (TREATMENT)
located on a CITY street to treat storm water runoff from the PROJECT area.
5. The parties hereto intend to define herein the terms and conditions under which contribution is
to be accomplished.
SECTION I
CITY AGREES:
1. To submit an invoice to STATE in the amount of $112,000 within 60 calendar days prior to
the purchase and installation of TREATMENT system, said invoice represents STATE's a
one-time lump sum contribution toward purchase and installation of the TREATMENT
system.
2. To install TREATMENT system per NPDES PERMIT requirements.
3. To provide traffic control for the installation of the storm water treatment system at no
additional cost to the STATE.
4. To maintain and operate the proposed TREAMENT at no additional cost to the STATE.
Attachment 4, Page 2 of 6
2
SECTION II
STATE AGREES:
1. To deposit with CITY within 30 calendar days of receipt of invoice in the amount of
$112,000, said invoice represents STATE's a one-time lump sum contribution toward
TREATMENT construction.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the allocation
of any funds by the CTC.
2. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction conferred upon CITY under this
Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save
harmless STATE and all its officers and employees from all claims, suits or actions of every
name, kind and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this Agreement.
3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction conferred upon STATE under this
Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save
harmless CITY and all its officers and employees from all claims, suits or actions of every
name, kind and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this Agreement.
4. No alteration 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 on any of the parties hereto.
5. This Agreement shall terminate upon satisfactory completion of all construction obligations
of CITY and the concurrence of STATE, or on January 30, 2014, whichever is earlier in
time except for those provisions which relate to indemnification, ownership, operation, and
maintenance, which shall remain in effect until terminated or modified in writing by mutual
agreement.
Attachment4, Page 3 of 6
3
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Adnan Maiah
Acting Deputy District Director
Capital Projects Outlay Program
APPROVED AS TO FORM AND PROCEDURE:
B y:/-----"""'I......L...<-l-7'::..__----.!11~----+-J.
Attomey
Department of Transporlation
CERTIFIED AS TO FUNDS:
~~~ fLyL
District Budget Manager
CITY OF SAN JUAN CAI•ISTRANO
APPROVED AS TO FORM:
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By: __ ~~~=-~----------
Accmlnting Administrator
4
DATE: __________ _
Attachment 4, Page 4 of 6