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1993-0831_CALIF, STATE OF_Transmittal to Dept of Transportation }?' MEMBERS OF THE CITU COUNCIL J, A COLLENE CAMPBELL 9� GARYHAUSOORFER GIL JONES ES CA CAROLVN NASH 64101XH 1961 JEFF VASQUEZ 1776 • • CITU MANAGER GEORGE SCARBOROUGH August 31, 1993 Viki Rudy Department of Transportation Division of Rail 1801 30th Street, East Building P.O. Box 942874 Sacramento, CA 94274-0001 Re: Multi Modal Parking Deck Dear Ms. Rudy: I understand from your conversation with Brian Perry of my Staff on August 30, 1993, that Caltrans may take the position that the City contract with Caltrans has not yet been executed and that funds expended to date are at risk of not being reimbursed. The purpose of this letter is to propose that changes being made by Caltrans to the Agreement approved by the City Council on December 1, 1992, are considered administrative and that costs incurred from that date be eligible for reimbursement. A brief review of actions taken over the last twelve months will demonstrate that the City has acted in good faith in proceeding with work under this contract. 1. September 22, 1992 Letter from Larry Layne, Caltrans, District 12, enclosing Standard Agreement for City execution (copy attached). 2. December 1, 1992 Multi Modal Parking Deck - City Council approves the contract with Caltrans (copy attached). Transmittal to Caltrans put on hold subject to view analysis. 3. March 2, 1993 City Council approves view analysis and transmittal of Caltrans contract. Caltrans notified of action in advance (copy attached). 4. March 4, 1993 Letter from the City Clerk to Larry Layne, Caltrans, District 12, returning six copies of the contract after the March 2, 1993 City Council approval of the concept, to ether with the December 1, 1992 Resolution approving the contract (copya�tached). 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 499-1171 ` Dept. of Transportatio ' ki Rudy) • August 31, 1993 Page 2 5. May 12, 1993 Quarterly Report to Larry Layne, Caltrans, District 12, from City, requested by Caltrans (copy attached). 6. July 20, 1993 City Council awards design contract to Mark Tannin. Caltrans notified of action in advance (copy attached). 7. August 4, 1993 Letter from Larry Layne, Caltrans, District 12, as Caltrans acceptance of Mark Tannin as City's project designer (copy attached). In the entire twelve months since the City received the contracts for signature, I can find no direction from Caltrans to not proceed or that funding was not in place or threatened. I believe that it is apparent from all the foregoing that the City has been led to believe by Caltrans that a funding contract with Caltrans has been in place for perhaps as much as six months and that the only obstacle to reimbursement has been Caltrans' signature. The City's encumbrance to date on this project is probably $30,000. The City simply wishes to have Caltrans' assurance in writing that this money will be reimbursed. If you have any questions, please feel free to call me. Your earliest response would be appreciated. Very my yours, )� William M. Huber t/l�/ Director of Engineering do Building WMH/BP:ssg enclosures cc: George Scarborough Douglas Dumhart Cheryl Johnson (/ Larry Layne, Caltrans, District 12 Cindy McKim, Chief, Division of Rail, Caltrans, Sacramento