03-0212_DANA POINT, CITY OF_Reimbursement Agreement0 0
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT ("Agreement"), is entered into this 12, day
of E v 2003, by and between THE CITY OF DANA POINT, a California municipal
corporation ("W"), and THE CITY OF SAN JUAN CAPISTRANO, a California municipal
corporation ("SJC"). DP and SJC are hereafter together referred to as the "Parties" and each
individually as a "Party."
RF.0 TTAT,S
A. This Agreement concerns the property commonly known as Del Obispo Street,
including all right of way, from Stonehill Drive to approximately 640 feet north of the centerline
intersection of Blue Fin Drive and Del Obispo Street (the "Property"). A map of the Property is
attached hereto and incorporated herein as Exhibit "A."
B. DP owns and maintains Del Obispo Street in its entirety from Stonehill Drive to
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del Obispo Street.
DP also owns and maintains the westerly half of Del Obispo Street from approximately 440 feet south
of the centerline intersection of Blue Fin Drive and Del Obispo Street to approximately 640 feet north
of the centerline intersection of Blue Fin Drive and Del Obispo Street (collectively, the "DP
Property").
C. SJC owns an maintains the easterly half of Del Obispo Street from approximately 440
feet south of the centerline intersection of Blue Fin Drive and Del Obispo Street to approximately 640
feet north of the centerline intersection of Blue Fin Drive and Del Obispo Street (the "SJC Property").
D. DP and the SJC have identified the need to rehabilitate Del Obispo Street from Stonehill
Drive to approximately 640 feet north of the centerline intersection of Blue Fin Drive and Del Obispo
Street (the "Roadway Improvements").
E. DP has retained an engineering consultant to prepare construction documents for the
rehabilitation of Del Obispo Street from Stonehill Drive to approximately 640 feet north of the
centerline intersection of Blue Fin Drive and Del Obispo Street.
F. DP and SJC recognize that the Roadway Improvements will provide a substantial
public benefit to both Parties and their citizens. Therefore, both Parties are willing to contribute to
the Roadway Improvements.
G. This Agreement addresses the rights and obligations of DP and SIC with respect to
DP's installation of, and SJC's contribution to DP for costs related to, the Roadway Improvements.
NOW, THEREFORE, in consideration of the above Recitals and the Mutual
Covenants set forth herein, and for other valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereby agree as follows:
539/022390-0002
361056.02 a01/13/03
0
L]
1.0 CONSTRUCTION OF ROADWAY IMPROVEMENTS AND ALLOCATION OF
COSTS
1.1 Construction of Roadway Improvements
DP intends to construct the Roadway Improvements. DP has entered into a Consultant
Services Agreement with Psomas to prepare construction documents for the rehabilitation of Del
Obispo Street as part of the Arterial Highway Rehabilitation Program. DP anticipates
subsequently entering into agreements with contractor(s) to perform the Roadway Improvements.
DP shall require 100% Performance Bonds and 100% Labor and Material Bonds from it's
contractor. For purposes of illustration, items of work are anticipated to include, but are not limited
to, pavement repairs, cold milling, asphalt leveling, course placement of asphalt rubberized hot
mix (pavement), striping, adjustment of manholes and valves, traffic control, loop detector repairs,
mobilization, construction of bus pads, replacement of centerline ties and survey monuments, and
other activities normally associated with roadway improvements. DP shall provide progress plan
prints of the Roadway Improvements and traffic control for SJC review and comments regarding
work in the SJC property. DP shall provide final plans of the roadway improvements, cost
estimate and traffic control for SJC signature by the City Engineer regarding work in the SJC
property. DP shall notify SJC of pre -construction meetings and project schedule. Although DP is
in charge of constructing and inspecting the Roadway Improvements, SJC may inspect the work in
the SJC Property "over the shoulder" of DP and provide input and requests to DP.
1.2 Cooperation of SJC
SJC agrees that work for the Roadway Improvements on the SJC Property, being a minor
part of the roadway improvement project, may be performed under a DP encroachment permit.
Furthermore, SJC agrees to cooperate with DP in any manner reasonably necessary to effectuate
the purposes of this Agreement.
1.3 Acceptance of Roadway Improvements
SJC will accept the Roadway Improvements for the SJC Property for operation and
maintenance upon completion of the Roadway Improvements. Completion of the Roadway
Improvements is to be evidenced by an engineer's certification certifying completion, which shall
be forwarded to SJC upon DP's receipt thereof.
1.4 Costs of Improvements And Allocation
SJC shall pay DP for all costs of the Roadway Improvements which are required for the
Roadway Improvements which occur on, or for the benefit of, the SJC Property ("SJC's
Contribution") as shown in Exhibit `B". SJC's Contribution shall be paid within thirty (30) days
of DP's request for contribution, which shall be at the time of progress payment requests by the
contractor. It is understood that DP will pay for the costs of the Roadway Improvements on the DP
Property. DP shall allow SJC the opportunity to review and approve any costs additional to the
total of Exhibit "B" before they are incurred. SJC agrees to pay the increased amount within thirty
(30) days of demand from DP.
539/022390-0002
361056.02 a01/13/03 -2-
0 0
1.5 Term of Agreement
This Agreement authorizes DP to commence and complete the Roadway Improvements at any
point in time prior to January 1, 2007.
1.6 Termination
This Agreement shall automatically terminate upon completion of the mutual obligations of
all Parties pursuant to this Agreement. Furthermore, DP may unilaterally terminate this
Agreement with or without cause at any time by providing written notice to SIC to the address
listed below.
1.7 Amendment
This Agreement may be amended by a written instrument executed and acknowledged by
each Party.
1.8 Indemnification
SIC will indemnify, defend and hold DP and its City Council and all the City Council
appointed groups, committees, boards, and any other City Council appointed body, and elected or
appointed officers, servants, employees, agents, representatives and volunteers (collectively
hereinafter "DP and DP Personnel") harmless from and against any losses, claims, demands,
actions or causes of action (collectively referred to as "Claims") arising out of or in any way
connected with the performance of DP, its officers, employees, agents, representatives or invitees
under this Agreement, including costs of suit and reasonable attorney's fees. SIC shall not be
required to indemnify, defend, and hold harmless DP and DP Personnel if the Claim arises from or
is caused in whole by the acts, omissions, or errors of DP and/or DP Personnel. SIC shall only be
required to indemnify, defend, and hold harmless DP and DP Personnel to the extent DP and DP
Personnel are not at fault if the Claim arises in part from the acts, omissions, or errors of the DP
and/or DP Personnel.
1.9 DP's Non -Responsibility For SJC Property
DP's sole responsibility under this agreement concerns the construction of the Roadway
Improvements. It is understood that SJC retains jurisdiction and authority over the SJC Property at
all times and is solely responsible for all activities, events, and matters concerning the SIC
Property other than DP's actions undertaken pursuant to this Agreement. Upon completion of the
Roadway Improvements, DP shall have no further responsibility for the SIC Property in any
manner, including but not limited to maintenance or traffic control.
2.0 GENERAL PROVISIONS
2.1 Binding Effect
This Agreement may be assigned and is binding upon each Party and their respective
successors in interest and assigns.
539/022390-0002 -�-
361056.0Z a01/13/03
0 0
2.2 Insurance
Prior to the start of construction DP's contractor shall provide and maintain at all times during
the construction contract liability and property damage insurance naming SIC and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less than One
Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one
year.
DP's contractor shall maintain in full force and effect comprehensive automobile liability
coverage, including owned, hired, and non -owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/ not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that
in the event of expiration or proposed cancellation of such policies for any reason whatsoever, SIC
shall be notified by registered mail, return receipt requested, giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no event less than 30 days before expiration
or cancellation is effective. DP's contractor shall provide to SIC the policy certificate establishing that
the required level of insurance has been satisfied.
DP's contractor shall indemnify, defend and save harmless SJC, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or nature which
DP's contractor, its officers, agents and employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons, damage to property as a result of, or arising
out of, or in any manner connected with the performance of the obligations under this contract.
Failure to provide such insurance certificates to SIC will be cause for SIC to withhold
payments until such certificates are provided.
2.3 Recitals
The recitals set forth above are incorporated herein by this reference.
2.4 Force Majeure
The time period specified in this Agreement for performance of services shall be extended
because of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of the Parties, including, but not restricted to, acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots,
strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the
Parties, if the delaying party shall within ten (10) days of the commencement of such delay notify
the other party in writing of the causes of the delay. In no event shall SJC be entitled to recover
damages against DP for any delay in the performance of this Agreement, however caused. The
Parties' sole remedy shall be extension of this Agreement pursuant to this section.
2.5 Notice
All notices, requests, demands, claims and other communications hereunder will be in
writing and duly addressed to the parties as follows:
539/022390-0002 _4_
361056.02 a01/13/03
0 0
To DP: City of Dana Point
Attn: Director of Public Works and Engineering
33282 Street of Golden Lantern
Dana Point, CA 92629
To SJC: City of San Juan Capistrano
Attn: Director of Engineering and Building
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Unless otherwise specifically provided for herein, all communications required to be given
under this Agreement shall be in writing and (i) personally delivered, or (ii) delivered by certified
United State Mail, postage prepaid and return receipt requested, or (iii) by reputable document
delivery service that provides a receipt showing date and time of delivery. Notices personally
delivered or delivered by document delivery services shall be effective upon receipt. Notices
delivered by mail shall be effective at 5:00 pm on the second calendar day following dispatch.
2.6 Attorney's Fees
In the event that a dispute (with or without litigation) arises under this Agreement, or either
Party is required to bring an action against the other Party for enforcement of its terms, the
prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs
from the other party.
2.7 No Partnership or Joint Venture
Nothing in this Agreement shall be construed to create a partnership or joint venture
between the Parties with respect to the subject matter of this Agreement.
2.8 Severability
In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
2.9 Authority of Signatories
The persons executing this Agreement on behalf of the Parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said Parties and that by so executing this
Agreement the Parties are formally bound to the provisions of this Agreement.
539/022390-0002 _5_
361056.02 a01/13/03
0 9
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set
forth above.
Attest: CITY OF S JU CAPISTRANO
M g et R Monahan, City Clerk J ayor
Approved As To Form:
John S City Attorney
Attest:
Susan Ramos, City Clerk
Approved A To Form:
Patrick Munoz, Cit omey
539/022390-0002
361056.02 a01/13/03 -6-
CITY OF DANA POINT
Wi li L. Ossenmacher, Mayor
z
EXHIBIT A
AREA OF _STREET -�
REHABILITATION WORK IN
THE CITY OF DANA POINT `
A
7
W
O
0-
m
O
J
w
a
CITY OF
DANA POINT
LF STREET
TATION WORK INY OF SAN JUANANO (LENGTHMATELY 1070FEET)
c BLUE FIN DRIVE
crry
iTy °r' SqN
OF ✓UAt
OgHq p°jNT
PSOMASa
SHEET 1 OF 1 §
EXHIBIT °B"
(Estimate of Costs)
Item
Quantity
Work Items
Unit Price
Total Amount
1.
LS
Mobilization
$1,000
$1,000
2.
9002 SF
AC Cold Mill, 0' to .17'
$0.25/ SF
$2,251
3.
463 Ton
ARHM Overlay (0.2')
$60/ SF
$27,787
4.
2,500 SF
Remove and Replace AC (0.9')
$9.50/ SF
$23,750
5
2 Ea
Adjust Manhole to Grade
$210/ ea
$420
6.
2 Ea
Adjust Valve to Grade
$210/ ea
$420
7.
1 Ea
Adjust Survey Mon. Well to Grade
$515/ ea
$515
8.
1 Ea
Replace Survey CL Ties
$500/ ea
$500
9.
5 Ea
Replace Inductive Traffic Loop
Detectors
$210/ ea
$1,050
10
LS
Striping
$1,000
$1,000
11.
LS
Traffic Control
$3,000
$3,000
12.
1 Ea
Install Temp Wireless Vehicle
Detection Device (Intersection Del
Obispo and Blue Fin)
$3,000/ ea
$3,000
Subtotal
$64,693
10% Contingency $6,469
Total 1 $71,162
534/032390-0002 2-
361056.02 a01/13/03
0
• 21412003
D5
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: William M. Huber, Director of Engineering & Building
SUBJECT: Consideration of Reimbursement Agreement for Resurfacing
Del Obispo Street at Blue Fin Drive (City of Dana Point)
RECOMMENDATION
By motion, approve the Reimbursement Agreement for Resurfacing Del Obispo Street at
Blue Fin Drive with the City of Dana Point for a cost not to exceed $71,162.
SITUATION
A. Summary and Recommendation
On Del Obispo Street the boundary between the City of Dana Point and the City of
San Juan Capistrano travels down the street centerline from approximately 440 feet
south of Blue Fin Drive to approximately 640 feet north of Blue Fin Drive.
The City of Dana Point is preparing plans to resurface Del Obispo Street within their
City. Staff is recommending approval of a Reimbursement Agreement with the City
of Dana Point to include that half width portion of Del Obispo Street within the City
of San Juan Capistrano in the Dana Point project.
B. Background
The City of Dana Point is preparing plans to resurface Del Obispo Street within their
City.
In the vicinity of Blue Fin Drive from approximately 440 feet south of its intersection
with Del Obispo Street to approximately 640 feet north the boundary between the
City of Dana Point and the City of San Juan Capistrano travels down the street
centerline. The project plans include the half width portion of Del Obispo Streetwithin
the City of Dana Point.
The City of Dana Point is offering the opportunity for the City of San Juan Capistrano
to have its half width of Del Obispo Street resurfaced as part of the project and has
prepared a reimbursement agreement for this work. Construction is scheduled for
2004.
Staff is recommending approval of this Reimbursement Agreement as a method of
implementing this City street resurfacing work.
FOR CITY COUNCIL AGENDA..�J.'MS
0 0
Agenda Item February 4, 2003
Paae 2
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
The estimated cost for construction is $64,693 plus a 10% contingency of $6,469 for a total
of $71,162. Payment would be due at the time of construction in 2004. Staff will submit a
project budget for FY 2004-2005 in the 2003-2010 Capital Improvement Program, including
the contingencies allowed for in the agreement and staff time
NOTIFICATION
The following parties received notification of this Council Agenda item:
Matthew Sinacori, City of Dana Point.
* Agenda report is included.
ALTERNATIVE ACTIONS
By motion, approve the Reimbursement Agreement for Resurfacing Del Obispo
Street at Blue Fin Drive with the City of Dana Point for a cost not to exceed $71,162.
2. Do not approve the Reimbursement Agreement.
3. Request additional information from Staff.
RECOMMENDATION
By motion, approve the Reimbursement Agreement for Resurfacing Del Obispo Street at
Blue Fin Drive with the City of Dana Point for a cost not to exceed $71,162.
Respectfully submitted: Prepared by:
William M. Huber, P.E. Brian Perry, P.E.
Director, Engineering and Building Project Manager
WMH/BP:sam
Attachments: 1. Location Map
2. Reimbursement Agreement
LP,
Y
THE CITY OF
SAN JUAN CAPISTRANO
LOCATION
REIMBURSEMENT AGREEMENT
RESURFACING DEL OBISPO STREET
AT BLUE FIN DRIVE
(CITY OF DANA POINT)
0 3000 6000 9000 Feet
ATTACHMENT
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT ("Agreement"), is entered into this day
of , 2003, by and between THE CITY OF DANA POINT, a California municipal
corporation ("DP"), and THE CITY OF SAN JUAN CAPISTRANO, a California municipal
corporation ("SJC"). DP and SJC are hereafter together referred to as the "Parties" and each
individually as a "Party."
IRDO) Ir:1KI
A. This Agreement concerns the property commonly known as Del Obispo Street,
including all right of way, from Stonehill Drive to approximately 640 feet north of the centerline
intersection of Blue Fin Drive and Del Obispo Street (the "Property"). A map of the Property is
attached hereto and incorporated herein as Exhibit "A."
B. DP owns and maintains Del Obispo Street in its entirety from Stonehill Drive to
approximately 440 feet south of the centerline intersection of Blue Fin Drive and Del Obispo Street.
DP also owns and maintains the westerly half of Del Obispo Street from approximately 440 feet south
of the centerline intersection of Blue Fin Drive and Del Obispo Street to approximately 640 feet north
of the centerline intersection of Blue Fin Drive and Del Obispo Street (collectively, the "DP
Property").
C. SJC owns an maintains the easterly half of Del Obispo Street from approximately 440
feet south of the centerline intersection of Blue Fin Drive and Del Obispo Street to approximately 640
feet north of the centerline intersection of Blue Fin Drive and Del Obispo Street (the "SJC Property").
D. DP and the SIC have identified the need to rehabilitate Del Obispo Street from Stonehill
Drive to approximately 640 feet north of the centerline intersection of Blue Fin Drive and Del Obispo
Street (the "Roadway Improvements").
E. DP has retained an engineering consultant to prepare construction documents for the
rehabilitation of Del Obispo Street from Stonehill Drive to approximately 640 feet north of the
centerline intersection of Blue Fin Drive and Del Obispo Street.
F. DP and SIC recognize that the Roadway Improvements will provide a substantial
public benefit to both Parties and their citizens. Therefore, both Parties are willing to contribute to
the Roadway Improvements.
G. This Agreement addresses the rights and obligations of DP and SIC with respect to
DP's installation of, and SJC's contribution to DP for costs related to, the Roadway Improvements.
NOW, THEREFORE, in consideration of the above Recitals and the Mutual
Covenants set forth herein, and for other valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereby agree as follows:
539/022390-0002
361056.02 a01/14/03 ATTACHMENT 2
0
E
1.0 CONSTRUCTION OF ROADWAY IMPROVEMENTS AND ALLOCATION OF
COSTS
1.1 Construction of Roadway Improvements
DP intends to construct the Roadway Improvements. DP has entered into a Consultant
Services Agreement with Psomas to prepare construction documents for the rehabilitation of Del
Obispo Street as part of the Arterial Highway Rehabilitation Program. DP anticipates
subsequently entering into agreements with contractor(s) to perform the Roadway Improvements.
DP shall require 100% Performance Bonds and 100% Labor and Material Bonds from it's
contractor. For purposes of illustration, items of work are anticipated to include, but are not limited
to, pavement repairs, cold milling, asphalt leveling, course placement of asphalt rubberized hot
mix (pavement), striping, adjustment of manholes and valves, traffic control, loop detector repairs,
mobilization, construction of bus pads, replacement of centerline ties and survey monuments, and
other activities normally associated with roadway improvements. DP shall provide progress plan
prints of the Roadway Improvements and traffic control for SIC review and comments regarding
work in the SJC property. DP shall provide final plans of the roadway improvements, cost
estimate and traffic control for SJC signature by the City Engineer regarding work in the SJC
property. DP shall notify SJC of pre -construction meetings and project schedule. Although DP is
in charge of constructing and inspecting the Roadway Improvements, SJC may inspect the work in
the SIC Property "over the shoulder" of DP and provide input and requests to DP.
1.2 Cooperation of SJC
SIC agrees that work for the Roadway Improvements on the SJC Property, being a minor
part of the roadway improvement project, may be performed under a DP encroachment permit.
Furthermore, SIC agrees to cooperate with DP in any manner reasonably necessary to effectuate
the purposes of this Agreement.
1.3 Acceptance of Roadway Improvements
SJC will accept the Roadway Improvements for the SJC Property for operation and
maintenance upon completion of the Roadway Improvements. Completion of the Roadway
Improvements is to be evidenced by an engineer's certification certifying completion, which shall
be forwarded to SJC upon DP's receipt thereof.
1.4 Costs of Improvements And Allocation
SJC shall pay DP for all costs of the Roadway Improvements which are required for the
Roadway Improvements which occur on, or for the benefit of, the SJC Property ("SJC's
Contribution") as shown in Exhibit "B". SJC's Contribution shall be paid within thirty (30) days
of DP's request for contribution, which shall be at the time of progress payment requests by the
contractor. It is understood that DP will pay for the costs of the Roadway Improvements on the DP
Property. DP shall allow SJC the opportunity to review and approve any costs additional to the
total of Exhibit `B" before they are incurred. SJC agrees to pay the increased amount within thirty
(30) days of demand from DP.
539/022390-0002
361056.02 aUl/14/03 -2-
0
1.5 Term of Agreement
0
This Agreement authorizes DP to commence and complete the Roadway Improvements at any
point in time prior to January 1, 2007.
1.6 Termination
This Agreement shall automatically terminate upon completion of the mutual obligations of
all Parties pursuant to this Agreement. Furthermore, DP may unilaterally terminate this
Agreement with or without cause at any time by providing written notice to SIC to the address
listed below.
1.7 Amendment
This Agreement may be amended by a written instrument executed and acknowledged by
each Party.
1.8 Indemnification
SJC will indemnify, defend and hold DP and its City Council and all the City Council
appointed groups, committees, boards, and any other City Council appointed body, and elected or
appointed officers, servants, employees, agents, representatives and volunteers (collectively
hereinafter "DP and DP Personnel") harmless from and against any losses, claims, demands,
actions or causes of action (collectively referred to as "Claims") arising out of or in any way
connected with the performance of DP, its officers, employees, agents, representatives or invitees
under this Agreement, including costs of suit and reasonable attorney's fees. SJC shall not be
required to indemnify, defend, and hold harmless DP and DP Personnel if the Claim arises from or
is caused in whole by the acts, omissions, or errors of DP and/or DP Personnel. SIC shall only be
required to indemnify, defend, and hold harmless DP and DP Personnel to the extent DP and DP
Personnel are not at fault if the Claim arises in part from the acts, omissions, or errors of the DP
and/or DP Personnel.
1.9 DP's Non -Responsibility For SJC Property
DP's sole responsibility under this agreement concerns the construction of the Roadway
Improvements. It is understood that SJC retains jurisdiction and authority over the SJC Property at
all times and is solely responsible for all activities, events, and matters concerning the SJC
Property other than DP's actions undertaken pursuant to this Agreement. Upon completion of the
Roadway Improvements, DP shall have no further responsibility for the SJC Property in any
manner, including but not limited to maintenance or traffic control.
2.0 GENERAL PROVISIONS
2.1 Binding Effect
This Agreement may be assigned and is binding upon each Party and their respective
successors in interest and assigns.
539/022390-0002
361056.02 a01/14/03 -3-
0 9
2.2 Insurance
Prior to the start of construction DP's contractor shall provide and maintain at all times during
the construction contract liability and property damage insurance naming SIC and its elected and
appointed officials as a named insured, which such policies shall be of an amount not less than One
Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one
year.
DP's contractor shall maintain in full force and effect comprehensive automobile liability
coverage, including owned, hired, and non -owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/ not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that
in the event of expiration or proposed cancellation of such policies for any reason whatsoever, SIC
shall be notified by registered mail, return receipt requested, giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no event less than 30 days before expiration
or cancellation is effective. DP's contractor shall provide to SIC the policy certificate establishing that
the required level of insurance has been satisfied.
DP's contractor shall indemnify, defend and save harmless SJC, its officers, agents, and
employees from and against any and all claims, demands, loss or liability of any kind or nature which
DP's contractor, its officers, agents and employees may sustain or incur or which may be imposed
upon them or any of them for injury to or death of persons, damage to property as a result of, or arising
out of, or in any manner connected with the performance of the obligations under this contract.
Failure to provide such insurance certificates to SJC will be cause for SJC to withhold
payments until such certificates are provided.
2.3 Recitals
The recitals set forth above are incorporated herein by this reference.
2.4 Force Majeure
The time period specified in this Agreement for performance of services shall be extended
because of any delays due to unforeseeable causes beyond the control and without the fault or
negligence of the Parties, including, but not restricted to, acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots,
strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the
Parties, if the delaying party shall within ten (10) days of the commencement of such delay notify
the other party in writing of the causes of the delay. In no event shall SIC be entitled to recover
damages against DP for any delay in the performance of this Agreement, however caused. The
Parties' sole remedy shall be extension of this Agreement pursuant to this section.
2.5 Notice
All notices, requests, demands, claims and other communications hereunder will be in
writing and duly addressed to the parties as follows:
539/022390-0002
361056.02 a0]/14/03 -4-
0 0
To DP: City of Dana Point
Attn: Director of Public Works and Engineering
33282 Street of Golden Lantern
Dana Point, CA 92629
To SIC: City of San Juan Capistrano
Attn: Director of Engineering and Building
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Unless otherwise specifically provided for herein, all communications required to be given
under this Agreement shall be in writing and (i) personally delivered, or (ii) delivered by certified
United State Mail, postage prepaid and return receipt requested, or (iii) by reputable document
delivery service that provides a receipt showing date and time of delivery. Notices personally
delivered or delivered by document delivery services shall be effective upon receipt. Notices
delivered by mail shall be effective at 5:00 pm on the second calendar day following dispatch.
2.6 Attome 's Fees
In the event that a dispute (with or without litigation) arises under this Agreement, or either
Party is required to bring an action against the other Party for enforcement of its terms, the
prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs
from the other party.
2.7 No Partnership or Joint Venture
Nothing in this Agreement shall be construed to create a partnership or joint venture
between the Parties with respect to the subject matter of this Agreement.
2.8 Severability
In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
2.9 Authority of Signatories
The persons executing this Agreement on behalf of the Parties hereto warrant that they are
duly authorized to execute this Agreement on behalf of said Parties and that by so executing this
Agreement the Parties are formally bound to the provisions of this Agreement.
539/022390-0002 _5_
361056.02 a01/14/03
11
0
IN WUNESS WHEREOF, the Parties have executed this Agreement as of the date set
forth above.
Attest:
Margaret R Monahan, City Clerk
Approved As To Form:
John , City Attorney
Attest:
Susan Ramos, City Clerk
Approved As To Form:
Patrick Munoz, City Attorney
539/022390-0002
361056.02 a01/14/03 -6-
CITY OF SAN JUAN CAPISTRANO
John S. Gelff, Mayor
CITY OF DANA POINT
William L. Ossenmacher, Mayor
0 EXHIBIT A 0
AREA OF STREET
REHABILITATION WORK IN
THE CITY OF DANA POINT
CITY OF
DANA POINT
AREA OF STREET
REHABILITATION WORK IN i
THE CITY OF SAN JUAN /
CAPISTRANO (LENGTH
APPROXIMATELY 1070
LINEAL FEET)
BLUE FIN DRIVE
le
PS0MAS$
SHEET 1 OF 1 1
0 0
EXHIBIT `B"
(Estimate of Costs)
Item
Quantity
Work Items
Unit Price
Total Amount
1.
LS
Mobilization
$1,000
$1,000
2.
9002 SF
AC Cold Mill, 0' to .17'
$0.25/ SF
$2,251
3.
463 Ton
ARHM Overlay (0.2')
$60/ SF
$27,787
4.
2,500 SF
Remove and Replace AC (0.9')
$9.50/ SF
$23,750
5
2 Ea
Adjust Manhole to Grade
$210/ ea
$420
6.
2 Ea
Adjust Valve to Grade
$210/ ea
$420
7.
1 Ea
Adjust Survey Mon. Well to Grade
$515/ ea
$515
8.
1 Ea
Replace Survey CL Ties
$500/ ea
$500
9.
5 Ea
Replace Inductive Traffic Loop
Detectors
$210/ ea
$1,050
10
LS
Striping
$1,000
$1,000
11.
LS
Traffic Control
$3,000
$3,000
12.
1 Ea
Install Temp Wireless Vehicle
Detection Device (Intersection Del
Obispo and Blue Fin)
$3,000/ ea
$3,000
Subtotal
$64,693
10% Contingency $6,469
Total 1 $71,162
539/022390-0002
361056.02 a01/14/03 -2-
0 0
Dawn Schanderl
To: Brian Perry
Subject: Reimbursement Agreement with Dana Point re Blue Fin
Brian - I haven't received an executed agreement from Dana Point. Do you happen to
know if Dana Point is going to approve it soon? Thanks Dawn.
CITY OF DANA
February 27, 2003
City of San Juan Capistrano
Attn: Bill Huber
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Roznft�:n
CITY CLERK'S DEPARTMENT
(' s
�\lr
P,1A3 3 2003
------------
Re:
...------
Re: Reimbursement Agreement between City of San Juan Capistrano and the City of
Dana Point for the Resurfacing of Del Obispo Street as part of the Arterial Roadway
Resurfacing Project
Dear Mr. Huber:
The City Council of the City of Dana Point, California, at its regular meeting held February
12, 2003, approved an agreement with the City of San Juan Capistrano and the City of
Dana Point.
Enclosed is a fully executed original agreement for your records.
If you have any questions regarding the agreement, please contact Matt Sinacori at (949)
248-3574.
Sincerely,
Susan A. Ramos
Director of Public Affairs/City Clerk
SR/gk
enclosures
cc: Matt Sinacori
33282 Golden Lantern, Dana Point, CA 92629 • (949) 248-3506 • FAX (949) 248-9920
Internet: www.danapolnt.org
41
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949)493-1053(FAX)
iviviv. sanjuancapistrano. org
February 5, 2003
Jean «
1/Y� II1111111111
• DtMunR � 1961
1776
City of Dana Point
Attention: Director of Public Works and Engineering
33282 Street of the Golden Lantern
Dana Point, CA 92629
RE: Transmittal of approved reimbursement agreement
MEMBERS OF THE CITY COUNCIL
DIANE L SATHGATE
JOHN S. GELFF
WYATT HART
JOESOTO
DAVID M. SW EROON
CITYMANAGER
GEORGESCARBOROUGH
At their meeting of February 4, 2003 the City Council of the City of San Juan Capistrano
approved a reimbursement agreement between the City of San Juan Capistrano and
the City of Dana Point related to roadway improvements on Blue Fin Drive.
Enclosed, please find (2) original executed agreements for consideration by the City of
Dana Point.
Please return (1) fully executed agreement to my attention when it is available.
Thank you, t
CMC
cc: Brian Perry, Senior Civil Engineer
Dawn Schanderl, Deputy City Clerk
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
lvlvly. sanjuancapistrano. org
February 5, 2003
• a,1l„ •
I,U„I,nll
• i” nuw,R 1461
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S. GELFF
W VAU HART
JOESOTO
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
On February 4, 2003 the City Council of San Juan Capistrano met regarding:
"Consideration of Reimbursement Agreement for Resurfacing Del Obispo Street
at Blue Fin Drive (City of Dana Point)" Item No. D5
The following action was taken at the meeting: Reimbrusement agreement with the
City of Dana Point for resurfacing of Del Obispo Street at Blue Fin Drive for a cost
not to exceed $71,162 approved.
If you have any questions regarding this action, please contact Brian Perry, Senior Civil
Engineer at 443-6353 for more detailed information.
Thank you,
Me ona an, CMC
Cit Clerk
Cc: Matthew Sinacori, City of Dana Point*; William M. Huber, Engineering & Building
Director; Brian Perry, Senior Civil Engineer
M1M6 MSE
IS
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
i
P....... _.....
AN JUAN CAFI$TRAND, CA 92675 1961 MEMBERS OF THE CITY COUNCIL
(949) 493-1171 1776 DIANE L. BATHGATE
(949) 493-1053 (FAX) DIIIDfYfI JOHN S.GELFF
.tipNJ t(q YiCgpl ti (Yq YIO.OI'$ MATT HART
OESO
J
� OESOTO
DAVID M. SWERDLIN
CITY MANAGER
NOTIFICATION OF MEETING OF POTENTIAL INTEREST GEORGESCARBOROUGH
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on February 4, 2003 in
the City Council Chamber in City Hall, to consider: "Consideration of
Reimbursement Agreement for Resurfacing Del Obispo Street at Blue Fin Drive
(City of Dana Point)" — Item No. D5
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, February 3, 2003 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak'
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Brian Perry,
Senior Civil Engineer. You may contact that staff member at (949) 443-6353 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-aaendas(cDsanivancapistano.org.
ian, CMC
cc:—9atthew Sinacori, City of Dana Point*; William M. Huber, Engineering & Building
Director; Brian Perry, Senior Civil Engineer
* Received staff report
onuo use
�a
San Juan Capistrano: Preserving the Past to Enhance the Future
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949)493-1171
(949) 493-1053(FAX)
www.sanjuancapislrano. org
February 5, 2003
• nunml, � 1961
1776
City of Dana Point
Attention: Director of Public Works and Engineering
33282 Street of the Golden Lantern
Dana Point, CA 92629
RE: Transmittal of approved reimbursement agreement
MEMSEIIS OF THE CITY COUNGL
DIANE L SATHGATE
JOHN S GELFF
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
CITYMANAGER
GEORGESCARBOROUGH
At their meeting of February 4, 2003 the City Council of the City of San Juan Capistrano
approved a reimbursement agreement between the City of San Juan Capistrano and
the City of Dana Point related to roadway improvements on Blue Fin Drive.
Enclosed, please find (2) original executed agreements for consideration by the City of
Dana Point.
Please return (1) fully executed agreement to my attention when it is available.
Thank you, t
CMC
cc: Brian Perry, Senior Civil Engineer
Dawn Schanderl, Deputy City Clerk
onus use
M
San Juan Capistrano: Preserving the Past to Enhance the Future