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
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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
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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.
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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.
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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.
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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
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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
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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
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• 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.
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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
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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
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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
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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
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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
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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