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04-1207_DANA POINT, CITY OF_Reimbursement Agreement (2)0 0 REIMBURSEMENT AGREEMENT 'This REL URSEME C AGREEMENT ("Agreement"), is entered into this .. day of2� by and between THE CITY OF DANA PuiNT, a California municipai corporation ("DI"'), and THE CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("SJC"). DP and SIC are hereafter together referred to as the "Parties" and each individually as a "Party." RECITALS A. This Agreement concerns the property commonly known as Doheny Park Road, including all right -of- way, from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 671 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (the "Property"). A map of the Property is attached hereto and incorporated herein as Exhibit "A." B. DP owns and maintains the easterly half of Doheny Park Road from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 371 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (the "DP Property"). C. SJC own, an maintains the westerly half of Doheny Park Road from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 371 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road. In addition, SIC owns the entire portion of Doheny Park Road from approximately 371 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 671 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (collectively, the "SJC Property"). D. DP and SJC have identified the need to rehabilitate the Property from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 671 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (the "Roadway Improvements"). E. DP has retained an engineering consultant to prepare construction documents for the Roadway Improvements. F. DP and SJC recogmze that fia Roodway Improvements will provid.. 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 SJC with respect to DP's installation of, and SJC's contribution to DP for costs related to, the Roadway Improvements. SD 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 wliiah are bereby ackncvva_;;red, the Parties hereby agree as follows: 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 Master Consultant Services Agreement for contract engineering services with PBS&J. Pursuant to the Master Consultant Services Agreement, the City requested that PBS&J prepare construction documents for the rehabilitation of Doheny Park Road as part of the Annual Roadway Resurfacing Project, Fiscal Year 2004/2005. 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 its contractor. For purposes of illustration, items of work are anticipated to include, but are not limited to, pavement repairs, cold milling, course placement of asp.w1t;rubberized hot mix �puvement), striping, adjustment of manholes and valves, traffic control, loop detector repairs, mobilization, 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 for SJC review and comments regarding work in the SJC property. DP shall provide final plans of the roadway improvements, including a cost estimate for SIC signature by the City Engineer regarding work in the SIC property. DP shall notify SIC of pre - construction meetings and project schedule. Although DP is in charge of constructing and inspecting the Roadway Improvements, SIC may inspect the work in the SJC Property "over the shoulder" of DP and provide input and requests to DP. 1.2 Cooperation of SIC SJC agrees that work for the Roadway Improvements on the SIC 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 necessa. to effectuate t;ie purpo:. o: this Agreement. 1.3 Acceptance of Roadway Improvements SJC will accept the Roadway Improvements for the SIC 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 that are required for the Roadway Improvements that occur on, or for the benefit of, the SJC Property ("SJC's 0 • Contribution") as shown in Exhibit "B". SJC's Co dribution 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 SIC 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. 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, 2008. 1.6 Termination This Agreement shall automatically terminate upon completion of the mutual obligations of all Partie, pursuant to this Asmement. Furthermore, DP may unilaterally terminate [his Agreement ,vitrl or with ,it oa; c at an) time by providing written notice to SJC 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, rep. :c:ntat' ._, ',.,,,',, s undcr this_.Agreement, including V, costs of suit and reasonable attorney's tees. SJC ;kali 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. SJC 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 0 0 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. 2.2 Insurance Prior to the start of construction, DP's contractor shall provide and maintain at all times during the construction contract and property damage insurance naming SJC 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: period; $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual $1,000,000 injury to more than one personlany one occurrence/not limited to contractual period. The insurance policies shall bear an „ndarsement 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 SJC the policy certificate establishing that the required level of insurance has been satisfied. DP's contractor shall indemnify, defend and save harmless SIC, 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 a- yrovidex. 0 0 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 wrather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargues, 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: To DP: City of Dana Point Attn: Director of Public Works and Engineering 33282 Strew (,f _"t,l-lea r.autern 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 deli.,ei- serv, _ ic: ' ;.:cv:'.zs a receipt showing date and time of delivery. Notices personally dehvere-1 or u livered oy -?ocument 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. 0 0 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. 0 0 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. Attest: R Monahan, City Clerk Approved As To Form: John Shaw, City Attorney Attest: c�JAa�m�J f \��,�xa7i Sharon Street, City Clerk Approved As To Form: Patrick Munoz, i y Attorney CITY OF SAN JUAN CAPISTRANO Mayor CITY OF DANA POINT oe Snyder, Mayor n 0 EXHIBIT `B" (Estimate of Costs) Project: nnual Street Resurfacing Date: 10/26/04 City of Dana Point lJob No. 621487.02 Biot ."ychedv 'a -Doheny Park Only (In the City of San Juan Capistrano) Estimated Item No Description , , 11 Unit Unit Price i Item Total Amount 1 2 3 4 5 6 7 8 9 10 11 12 Mobilization/Demobilization (5% Maximum) Clearing and Grubbing Inductive Traffic Loops AG Pavement Repair after Milling 2 -inch AC Overlay 4 -inch AC Base Aggregate Base for Subgrade Repair Cold Milling (6") Raise Manhole Grade Raise Valves to Grade Raise Survey Monuments to Grade Traffic Striping, Pavement Markings, and Total 1 LS $ 4,913.00 $ 4,913.00 1 LS $ 5,000.00 $ 5,000.00 10 EA $ 175.00 $ 1,750.00 10 TON $ 95.00 $ 950.00 943 TON $ 60.00 $ 56,580.00 20 TON $ 78.00 $ 1,560.00 20 TON $ 70.00 $ 1,400.00 25,024 SF $ 0.90 $ 22,521.60 4 EA $ 200.00 $ 800.00 6 EA $ 225.00 $ 1,350.00 3 EA $ 225.00 $ 675.00 1 LS $ 7,500.00 $ 7.500.00 1 CITY CLERK'S DEPARTMENT - ACTION REMINDER -V zl Is ori ct TO: FROM: Mitzi Ortiz, Deputy City Clerk DATE: December 3, 2007 «iiili�il<L�I�A At their meeting on December 7, 2004, the City Council of the City of San Juan Capistrano approved a reimbursement agreement with the City of Dana Point related to the Doheny Park Road Resurfacing. ACTION REQUESTED: Said Agreement shall terminate on January 1, 2008. Please notify this office if agreement has been extended o completed. ,i ACTION TO BE TAKEN: --- • DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION, DATE SIGNED: o ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/03/07 Deadline Date: 01/01/08 cc: Department Head (600.30/dans point) M L 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistran0.org �1 mlowvonnlEo • (SIR ISO lo 1961 1776 TRANSMITTAL TO: Sharon Street, City Clerk FROM: Meg Monahan, City Clerk (949) RE: Reimbursement agreement and Camino Capistrano DATE: December 9, 2004 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN resurfacing of Doheny Park Road Enclosed, please find enclosed (1) fully executed original agreement as noted above. This agreement was approved by the City Council of the City of San Juan Capistrano at their meeting of December 7, 2004. Questions related to the agreement should be directed to Brian Perry, Senior Civil Engineer (949) 443-6353. Cc: Brian Perry, Senior Civil Engineer Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 CITY OF DANA POINT November 16, 2004 Meg Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 is CITY CLERK'S DEPARTMENT RE: Dana Point Annual Roadway Resurfacing 04105 — Rehabilitation of Doheny Park Road Potential Reimbursement Agreement Dear Ms. Monahan: Please find enclosed two original agreements, with the required signatures, as approved by the Dana Point City Council on November 10, 2004 for consideration by the San Juan Capistrano City Council at their December 7, 2004 meeting. Sincerely, C_� Sharon Street City Clerk Enclosures cc: Brad Fowler Matt Sinacori 33282 Golden Lantern, Dana Point, CA 92629 • (949) 248-3506 • FAX (949) 248-9920 Internet: www.dmapolnt.org 0 • 12/7/2004 AGENDA REPORT TO: Dave Adams, City Manager G� FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Budget Amendment and Reimbursement Agreement for Resurfacing Doheny Park Road and Camino Capistrano (City of Dana Point) (CIP Nos. 101, 107, 120, 127, 135) RECOMMENDATION By motion: Approve a budget amendment to the 2004-2005 Capital Improvement Budget, transferring the following funds to resurfacing Doheny Park Road and Camino Capistrano project in coordination with the City of Dana Point: CIP No. 101 — Del Obispo Driveway ($13,000); CIP No. 107 — Highland Drive Monitoring ($7,000); CIP No. 120 — Junipero Serra Road Reconstruction ($22,000); CIP No. 127 — Arterial Street Rehabilitation ($35,000); and CIP No. 135 — Camino Capistrano Bus Turn Out ($35,000); and, 2. Approve the Reimbursement Agreement for Resurfacing Doheny Park Road and Camino Capistrano with the City of Dana Point for a cost not to exceed $105,000. SITUATION A. Summary and Recommendation On Doheny Park Road, the boundary between the City of Dana Point and the City of San Juan Capistrano travels down the street centerline and crosses over the raised medians at the left turn pockets. The City of Dana Point is preparing plans to resurface Doheny Park Road and Camino Capistrano within their City. Staff is recommending approval of a Reimbursement Agreement with the City of Dana Point to include that portion of Doheny Park Road and Camino Capistrano within the City of San Juan Capistrano in the Dana Point project. Staff is recommending that this work be funded from existing funds within the 2004-2005 Capital Improvement Project. 0 0 Agenda Report Paae 2 B. Backaround December 7, 2004 The City of Dana Point is preparing plans to resurface Doheny Park Road and Camino Capistrano within their City in January 2005. 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 Doheny Park Road and Camino Capistrano within 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 Doheny Park Road and Camino Capistrano resurfaced as part of the project and has prepared a reimbursement agreement for this work. Construction is scheduled for January 2005. Staff is recommending approval of this Reimbursement Agreement as a method of implementing this City street resurfacing work. City Council Policy 505 requires night work on Camino Capistrano to the south City limit to avoid the impacts of construction to traffic. There is no such requirement on Doheny Park Road. Staff is recommending that all work on this project be constructed during daytime hours for consistency and to avoid the impacts of noise from nighttime work on the residents of the adjacent Villa San Juan Mobile Home Park. COMMISSIONSIBOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Staff has identified available funding in several 2004-2005 Capital Improvement Projects which are complete or where costs are established. Staff is recommending that these funds be allocated to this new project by budget amendment as follows: Capital Improvement Project Funds Available Funding Source 101 — Del Obispo Driveways $ 13,000 Measure M 107 — Highland Drive Monitoring $ 7,000 Systems Development 120 — Junipero Serra Road Reconstruction $ 22,000 Gas Tax 127 — Arterial Street Rehabilitation $ 35,000 Gas Tax 135 — Camino Capistrano Bus Turn Out $ 35,000 Systems Development TOTAL $ 112,000 0 Agenda Report Paqe 3 NOTIFICATION Ll December 7, 2004 The following parties received notification of this Council agenda item: Matthew Sinacori, City of Dana Point" " Agenda report included RECOMMENDATION By motion: Approve a budget amendment to the 2004-2005 Capital Improvement Budget, transferring the following funds to resurfacing Doheny Park Road and Camino Capistrano project in coordination with the City of Dana Point: CIP No. 101 — Del Obispo Driveway ($13,000); CIP No. 107 — Highland Drive Monitoring ($7,000); CIP No. 120 — Junipero Serra Road Reconstruction ($22,000); CIP No. 127 — Arterial Street Rehabilitation ($35,000); and CIP No. 135 — Camino Capistrano Bus Turn Out ($35,000); and, 2. Approve the Reimbursement Agreement for Resurfacing Doheny Park Road with the City of Dana Point for a cost not to exceed $105,000. Respectfully submitted: Nasser Abbaszadeh, P.E. Engineering & Building Director NA/BP:jcr:dms Attachment 1. Location Map 2. Reimbursement Agreement Prepared by: Brian Perry, P.E. Project Manager 0 0 k THE CITY OF SAN JUAN CAPISTRANO REIMBURSEMENT AGREEMENT RESURFACING DOHENY PARK ROAD AND CAMINO CAPISTRANO (CITY OF DANA POINT) r N V,7 'o ON LOCATION 0 3000 6000 9000 Feet ATTACHMENT I 0 0 REIMBURSEMENT AGREEMENT This REIMBURSEMENT AGREEMENT ("Agreement"), is entered into this day of 2004, by and between THE CITY OF DANA POINT, a California municipal corporation ("DI"'), and THE CITY OF SAN JUAN CAPISTRANO, a California municipal corporation ("SJC"). DP and SIC are hereafter together referred to as the "Parties" and each individually as a "Party." RECITALS A. This Agreement concerns the property commonly known as Doheny Park Road, including all right -of- way, from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 671 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (the "Property"). A map of the Property is attached hereto and incorporated herein as Exhibit "A." B. DP owns and maintains the easterly half of Doheny Park Road from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 371 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (the `DP Property"). C. SJC owns an maintains the westerly half of Doheny Park Road from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 371 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road. In addition, SIC owns the entire portion of Doheny Park Road from approximately 371 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 671 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (collectively, the "SJC Property"). D. DP and SIC have identified the need to rehabilitate the Property from approximately 555 feet south of the intersection of Capistrano Valley Plaza and Doheny Park Road to approximately 671 feet north of the intersection of Capistrano Valley Plaza and Doheny Park Road (the "Roadway Improvements"). E. DP has retained an engineering consultant to prepare construction documents for the Roadway Improvements. 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. ATTACHMENT 2 • 0 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: 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 Master Consultant Services Agreement for contract engineering services with PBS&J. Pursuant to the Master Consultant Services Agreement, the City requested that PBS&J prepare construction documents for the rehabilitation of Doheny Park Road as part of the Annual Roadway Resurfacing Project, Fiscal Year 200412005. 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 its contractor. For purposes of illustration, items of work are anticipated to include, but are not limited to, pavement repairs, cold milling, course placement of asphalt rubberized hot mix (pavement), striping, adjustment of manholes and valves, traffic control, loop detector repairs, mobilization, 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 for SJC review and comments regarding work in the SIC property. DP shall provide final plans of the roadway improvements, including a cost estimate for SIC signature by the City Engineer regarding work in the SJC property. DP shall notify SIC 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 SIC SIC agrees that work for the Roadway Improvements on the SIC 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 SIC will accept the Roadway Improvements for the SIC 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 SIC upon DP's receipt thereof. 1.4 Costs of Improvements and Allocation SJC shall pay DP for all costs of the Roadway Improvements that are required for the Roadway Improvements that occur on, or for the benefit of, the SIC 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. 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, 2008. 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 SJC 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. SJC 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 0 9 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. 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: period; $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual $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, SJC 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 SIC, its officers, agents, and employees from ! 1 z?rfa nst any and all claims, demands, loss or liability of any kind or nature which DP'a eo,atractor, 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. 0 2.3 Recitals 1; 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, olaims and other communications hereunder will be in writing and duly addressed to the parties as follows: 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. 11 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 terns, 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. • IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. Attest: CITY OF SAN JUAN CAPISTRANO Margaret R Monahan, City Clerk Mayor Approved As To Form: A� John Shaw, City Attorney Attest: CITY OF DANA POINT Sharon Street, City Clerk Joe Snyder, Mayor Approved As To Form: Patrick Munoz, City Attorney 0 AREA OF STREET REHABITRATON WORK IN THE CIN OF SANJUAN G M' 'SIC PROFETV' AREA OF STREET FEHA&NTATON WORN IN THE CIN OF OANI PS'NT 'OP PROPERTY. EXHIBIT A --- - . ENO 0 671 F NORTHERLY UTY LIMITS 'PROPERIYPROPERTY' sRR lF City of Dana Point Annual Roadway Resurfacing Project For Fiscal Year 2004-2005 Doheny Park Road Paving Limits , EXHIBIT "B" (Estimate of Costs) Dana Bid Schedule -Doheny Park Only (In the City of San Juan Capistrano) Estimated Item No F Description __ : -. Unit i Unit Price Item Total Amount 1 2 3 4 5 6 7 8 9 10 11 12 Mobilization/Demobilization (5% Maximum) Clearing and Grubbing Inductive Traffic Loops AC Pavement Repair after Milling 2 -inch AC Overlay 4 -inch AC Base Aggregate Base for Subgrade Repair Cold Milling (6") Raise Manhole Grade Raise Valves to Grade Raise Survey Monuments to Grade Traffic Striping, Pavement Markings, and Pavement Markers Total 1 LS $ 4,913.00 $ 4,913.00 1 LS $ 5,000.00 $ 5,000.00 10 EA $ 175.00 $ 1,750.00 10 TON $ 95.00 $ 950.00 943 TON $ 60.00 $ 56,580.00 20 TON $ 78.00 $ 1,560.00 20 TON $ 70.00 $ 1,400.00 25,024 SF $ 0.90 $ 22,521.60 4 EA $ 200.00 $ 800.00 6 EA $ 225.00 $ 1,350.00 3 EA $ 225.00 $ 675.00 1 LS $ 7,500.00 $ 7,500.00 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wwwsanluancaplstrano. org December 8, 2004 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On December 7, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of Budget Amendment and Reimbursement Agreement for Resurfacing Doheny Park Road and Camino Capistrano (City of Dana Point) (CIP Nos. 101, 107, 120, 127 & 135)" Item No. E8. The following action was taken at the meeting: Budget amendment to the 2004-2005 Capital Improvement Budget approved, transferring the following funds to resurfacing Doheny Park Road and Camino Capistrano project in coordination with the City of Dana Point: a) Capital Improvement Project (CIP no 101 — Del Obispo Street Driveway ($13,000); b) CIP no 107 — Highland Drive Monitoring ($7,000); c) CIP No. 120 — Junipero Serra Road Reconstruction ($22,000); d) CIP No. 127 — Arterial Street Rehabilitation ($35,000); and e) CIP No. 135 — Camino Capistrano Bus Turn out ($35,000); and reimbursement agreement for resurfacing Donheny Park Road and Camino Capistrano with the City of Dana Point for a cost not to exceed $105,000, approved. If you have any questions regarding this action, please contact Brian Perry, Senior Civil Engineer at 443-6353 for more detailed information. ix c City Clerk Enclosed: Cc: Matthew Sinacori, City of Dana Point'; Nasser Abbaszadeh, Engineering & Building Director; Brian Perry, Senior Civil Engineer 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. sanjuancaptstrano. org • s MEMBERS OF THE CIT' COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 7, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of Budget Amendment and Reimbursement Agreement for Resurfacing Doheny Park Road and Camino Capistrano (City of Dana Point) (CIP Nos. 101, 107, 120, 127 & 135)" — Item No. E8 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, December 6, 2004 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.sanwuancapistrano.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-agendas(a)sanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Matthew Sinacori, City of Dana Point*; Nasser Abbaszadeh, Engineering & Building Director; Brian Perry, Senior Civil Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future