1989-1128_ORANGE, COUNTY OF_Agreement1
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Agreement No. D89-263
AGREEMENT y,��.� —1A`'
THIS AGREEMENT, made and entered into this' 'day of ��.t�ytyJ6^1
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BY AND BETWEEN
sUP
The CITY OF SAN JUAN CAPISTRANO a municipal
corporation hereinafter designated as "CITY"
The ORANGE COUNTY FLOOD CONTROL DISTRICT
hereinafter designated as "DISTRICT"
The COUNTY OF ORANGE, a political subdivision
of the State of California hereinafter
designated as "COUNTY"
W I T N E S S E T H
WHEREAS, CITY intends to widen the bridge over Trabuco Creek at Rancho Viejo
Road hereinafter called "PROJECT"; and
WHEREAS, Rancho Viejo Road is Secondary Arterial Highway on the COUNTY's
Master Plan of Arterial Highways; and
WHEREAS, CITY applied for design and construction funds in COUNTY's Major
Bridge Program (MBP) for fiscal year 1989-90; and
WHEREAS, the Arterial Highway Financing Program (AHFP) Technical Staff
Committee recommended MBP funds for design in FY89-90, and for construction with
condition that CITY award the construction contract by April 15, 1990; and
WHEREAS, CITY as Lead Agency
Quality Act (CEQA) of 1970 as
12/22/1988; and
WHEREAS, Environmental Ma
Trabuco Creek Channel from San
WHEREAS, COUNTY, DISTRICT AND
purposes of the California Environmental
, approved Negative Declaration for bridge on
t Agency preparing a project study report on
Creek to lower end of O'Neill Park; and
wish to define areas of responsibility for
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1 design, construction, and inspection of PROJECT;
2 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
3 I. CITY SHALL:
4 A. Be and is hereby designated as Lead Agency for PROJECT for purposes of
5 compliance with CEQA.
6 B. Be and is hereby designated as Project Engineer, Contracting and
7 Construction Agent for the parties to do and perform all things necessary in order
8 to design and construct PROJECT in accordance with the approved plans and
9 specifications and to execute and deliver all documents required in connection with
10 the construction and completion of',PROJECT, including its Notice of Completion and
11 final accounting report.
12 C. Provide a parcel map for road easement needed within the DISTRICT's
13 right-of-way.
14 D. Contract for design engineering with a firm employing a bridge design
15 engineer licensed to practice in the State of California.
16 E. Furnish to Director of Environmental Management Agency or his designee,
17 hereinafter referred to as "EMA DIRECTOR" a copy of its design A-E agreement.
18 F. Perform all design in conformance with applicable provisions of the
19 DISTRICT's design manual and of the bridge design standards of the California
20 Department of Transportation.
21 G. Furnish the following for review and approval by EMA DIRECTOR:
I
22 1. _ sets of preliminary '(hydrology/hydraulics) calculations.
23 2. _ sets of semi-final plans, special provisions and cost estimate
24 spreadsheet.
25 H. Obtain written concurrence of EMA DIRECTOR with CITY's preliminary
26 calculations as to design flow, charnel hydraulics, and channel scour.
27 I. Obtain written concurre,ce of EMA DIRECTOR with the following, before
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final structural design: alignment, profile and cross-section of bridge and
channel; bridge soffit elevation and foundation depth; piers and pier nose
geometry.
J. Utilize COUNTY Materials Laboratory for soil investigation for PROJECT,
and quality control of materials and testing, to the extent COUNTY's workload
allows.
K. Submit final plans and specifications to COUNTY for review and approval
of EMA DIRECTOR.
L. Provide for inspection',services by a resident bridge engineer licensed
to practice in the State of California.
M. Upon approval of the plans, specifications and estimate for PROJECT by
EMA DIRECTOR, promptly undertake aid perform all the work of advertising for bids
and awarding the construction contract to the lowest responsible bidder complying
with all applicable provisions of the law governing such award. If the low bid is
more then ten percent (10%) over engineer's estimate, CITY shall obtain written
concurrence of EMA DIRECTOR for award of PROJECT construction contract. EMA
DIRECTOR may authorize contract award in such case, subject to cost limit of
section III.D herein.
N. Promptly notify EMA DIRECTOR upon award of the PROJECT construction
contract and furnish EMA DIRECTOR with a summary of contract bids, a cost
itemization for COUNTY's share of c nstruction costs and the construction schedule,
and keep EMA DIRECTOR informed of a y revisions in said schedule.
0. Invoice COUNTY on progr ss basis, with a certification of expenditures
for actual contract expenses incurr d for the major bridge project scope:
1. For the portion of A-E illings which are for bridge and channel design
engineering (excluding oadway approaches, etc., and any cost incurred
prior to July 1, 1988).1
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2. During construction, for the contract payments for the work and for
contracted inspection services.
P. Obtain the written concurrence of EMA DIRECTOR prior to issuing PROJECT
change orders affecting PROJECT design for portions of PROJECT within DISTRICT
right-of-way (existing or proposed), and note any plan changes on record drawings.
Q. Be responsible for all PROJECT costs which are not specifically
Identified as COUNTY responsibility herein below.
R. Be responsible for all costs exceeding limit of COUNTY responsibility
specified in section IIID herein.
S. Furnish EMA DIRECTOR o�e set of reproducible as -built drawings of the
bridge general plan, details of work within the DISTRICT channel or right-of-way,
and a copy of the Notice of Completion.
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II DISTRICT shall:
A. Prepare legal descripti n and provide a perpetual easement to CITY for
road and bridge maintenance purpose over DISTRICT right-of-way (for easterly half
right-of-way).
B. Review channel work for completion according to the approved plans and
specifications, for acceptance by D�STRICT.
III. COUNTY shall:
A. Provide to CITY the des gn water surface control criteria (current
design discharge and control points to be met in the final design of Trabuco Creek
Channel.
B. Perform a general reviei of CITY's design criteria, preliminary
calculations and plans, and notify ITY of any known deficiencies within 15 working
days of receipt.
C. Have EMA DIRECTOR revie� and approval the final plans and specification
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and respond within 15 working days of receipt.
D. Be responsible for costs of design and construction of the bridge and
necessary foundation protection only, in an amount not to exceed one million
dollars ($1,000,000.), and to be allocated as specified as follows:
1. Design phase cost shal� not exceed two hundred thousand dollars
($200,000.) for contra ted design engineering and preparation of plan,
specifications and est mate.
2. Total COUNTY cost, inc uding construction phase, provided the
construction contract �s awarded by April 15, 1990 shall, not to exceed
one million dollars ($ ,000,000.).
E. Have access to the wor during construction for the purposes of review
of the bridge construction and inspection of work within DISTRICT's right-of-way.
F. Provide testing of bac fill, rock products and structural concrete, to
the extent Agency staff's prioriti s allow, at COUNTY's expense.
G. Pay progress invoices pproved by EMA DIRECTOR, within 30 days of
receipt, but not to exceed 90% of dOUNTY's obligation prior to approval of final
accounting report.
III. IT IS MUTUALLY UNDERSTOOD
A: If the CITY failed to
15, 1990, this agreement shall
extension is granted in writing by
AGREED:
rd the PROJECT construction contract by Anil
tically become null and void unless a time
A DIRECTOR.
B. Each Party hereto shalllbe responsible for its own internal staff and
overhead costs in relation to the project.
C. Upon completion and wri ten approval of PROJECT construction by
EMA DIRECTOR, DISTRICT will be responsible for maintenance of channel improvements
and their hydraulic characteristics CITY will remain responsible for maintenance
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of bridge structure and roadway.
D. That neither COUNTY nor DISTRICT nor any officer or employee thereof shall
be responsible for any damage or Pliability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY und'r this agreement. It is also understood and
agreed that, pursuant to Governmen Code Section 895.4, CITY shall fully indemnify,
defend, and hold COUNTY and DISTRI T harmless from any liability imposed for injury
(as defined by Government Code Sec ion 810.8), occurring by reason of anything done
or omitted to be done by CITY unde or in connection with any work, authority or
jurisdiction delegated to CITY and r this agreement.
E. That neither CITY nor ny officer or employee thereof shall be
responsible for any damage or liab lity occurring by reason of anything done or
omitted to be done by COUNTY or DI TRICT under or in connection with any work,
authority or jurisdiction delegate to CITY under this agreement. It is also
understood and agreed that, pursu nt to Government Code Section 895.4, COUNTY and
DISTRICT shall fully indemnify, de end, and hold CITY harmless from any liability
imposed for injury (as defined by vernment Code Section 810.8), occurring by
reason of anything done or omitted to be done by COUNTY or DISTRICT under or in
connection with any work, authority or jurisdiction delegated to COUNTY or DISTRICT
under this agreement.
ME
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IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its Mayor
and attested by its Clerk and COUNTY has caused this Agreement to be executed by
the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto
duly authorized by the City Council and the Board of Supervisors, respectively.
Dated: November 7 , 19
Dated: p, ,19-
SIGN AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
L.I
Linda D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
CITY OF SAN JUAN CAPISTRANO, a municipal
corporation
BY: _ --
ayor Gary LsdorYer
APPRO D AS TO;Lf—
!i
�'W.
y Attorney
COUNTY OF ORANGE a political subdivision
of the State of California
BY: �2
Chairman, Board of Supervisors
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
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Deputy
N' Cr- OL
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ORANGE COUNTY FLOOD CONTROL DISTRICT,
a political subdivision of the State
of California
Dated: -71hY%dcwl , 198 BY �ff .
Chairman, Board of Supev sors
RM
SIGNED ANG CERTIFIED THAT A COPY OF
THIS DO"UMENT HAS BEEN DEUVEREU TO
THE CHAIRMAN OF THE BOARD.
cx - <:?e�
LINDA D. RUTH
CIerx of the Board of Supervisors
County of OI crya. Cdif(m
of
`7
appraisal of the property andthe p perty being for
the greatest public good. Mr. Dr' co 11 also objected
to the taking of anygrope y owned by Teton
Corporation but stated that hey remained open to
discussions leading to a po Bible solution short of
litigation.
There being no further response, the hearing was declared
closed.
i
Adoption of Resolution: /
It was moved by Co cilman Schwartze, seconded by
Councilman Buchheim,/ t at the following Resolution be
adopted:
ORPORATIO141- A SOLUTION OF THE CITY COUNCIL
OF H/EC Y OF SAN AN CAPISTRANO, CALIFORNIA,
AUTHORI NG THE AC UISITION OF PROPERTY AND THE
EXPEND G OF FUNDS HEREFOR, AND THE INSTITUTION
OF E NENT DOMAIN PROCEEDINGS (A PORTION OF
ASSE OR'S PARCEL OS. 666-311-01, 02, AND 03)
The motfon carried by the following vote:
Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Written Communication:
Report dated November 7,
Works, requesting funds
the County for the cost
for the Rancho Viejo Br
Creek through approval
with the County.
1989, from the Director of Public
in the amount of $1,000,000 from
>f bridge design and construction
Age Widening project at Trabuco
>f Cooperative Agreement D89-221
Mr. Murphy noted that completion of the project is
anticipated by the endo 1990.
11/7/89
so
approval of Agreement:
It was moved by Councilman Schwartze, seconded by
Councilman Buchheim, 'sand unanimously carried, that
Cooperative Agreement DP9-221 with the County of Orange be
approved for the financing and construction of Rancho
Viejo Bridge at Trabucq Creek.
• • •• • .I. ltd=
Written Comm n'
ution:
Report dated November) 7, 1989, from a Director of
Community Services, fo arding a renew 1 agreement for
Cultural Arts Services - Center for S dy of Decorative
Arts and summarizing the exhi/Bchheim,
989.
Approval of Agreement:
It was moved by Co ncilmseconded by
Councilman Schwartze, nd uncarried that the
renewal of the Agreem nt foArts Services -
Center for Study of De orativibros y Artes) be
approved.
2. PARKS NEEDS STUDY -
Written Communication:
Report dated November
Community Services, sum
the study conducted by
the Parks and Recreat
Also summarized were fi
future park planning,
current park system, 1
and financing.
Mr. Baker gave an oral p
the proceedings which
recommendations. Bill
reviewed the financial
Acceptance of Report:
It was moved by Counci
Friess, and unanimous)
accepted and forwarded
7, 1989, from the Director of
iarizing the principal findings of
Wallace Roberts & Todd to revise
:)n Element of the General Plan.
e primary needs to be addressed in
1rincipal recommendations for the
iture neighborhood park criteria,
resentation, and Mrs. Garcia noted
led up to the final report and
Anderson, financial consultant,
'ecommendations.
tan Bland, seconded by Councilman
carried that the Final Report be
3 the Planning Commission to begin
01vim
11/7/89
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0 0
November 7, 1989
Stephen B. Julian, Citd Manager
W. D. Murphy, Director of Public Works
Cooperative Agreement D89-221 - Widening Rancho Viejo Bridge at
Trabuco Creek
The Rancho Viejo Bridge Widening at
for construction this fiscal year. A
Council and Resolution No. 89-1-3-3
allocate funds for this project. O
Supervisors approved funding the subje
the amount of one million dollars ($1,
Council must approve this agreement 1
construction and inspection of the pr(
design and construction up to $1,00(
approach, plans and construction and
administration and inspection. The
project contract by April 15, 1990,
granted in writing by the E.M.A. Direc
The City's Consultant (NBS/Lowry) is
deadline and has met with the E.M.A. s
NOTIFICATION
N/A
COMMISSION/BOARD REVIEW. RECO
N/A
FINANCIAL CONSIDERATIONS
abuco Creek is a Capital Improvement Project
egative Declaration was certified by the City
s adopted requesting the County of Orange to
May 16, 1989, the Orange County Board of
project in the 1989-90 Major Bridge Program in
000). In order to receive this money, the City
ch defines the areas of responsibility for design,
:t. The County will finance the cost of bridge
)0. The City will finance the cost of bridge
responsible for plan preparation and contract
eement also states that failure to award the
ds this agreement unless a time extension is
Forming on a schedule that meets the above
to insure compliance with their requirements.
The estimated cost of bridge plans, con truction and inspection is $910.000. The County
will fund $1,000,000 of these costs. The estimated cost of approach plans, construction
and inspection is $135,000. Funds are available in FY' 89-90 CIP No. 26-6900-4725-C15
for right-of-way acquisition, design and onstruction in the amount of $600,000.
ALTERNATE ACTIONS
1. Approve the agreement with the Co�nty.
I
2. Do not approve the agreement with he County.
3. Request further information from S aff.
FOR CITY COUNCIL AGEND�
,*29
AGENDA [TEM •
November 7, 1989
Page 2
•
RECOMMENDATION
By Motion, approve Cooperative Agrement D89-221 with the County of Orange for the
financing and construction of Rancho V'ejo Bridge at Trabuco Creek.
Respectfully subi ted,
W. D. Murph}
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Coun y of Orange
ENVIRONME L MANAGEMENT AGENCY
(,,, ! L
ERNIE SCHNEIDER
DIRECTOR, EMA
12 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702.4048
TELEPHONE:
(714) 834-2308
D C 2 0 1989 FILE
Mr. William Murphy
Director of Public Works
City of San Juan Capistrano
1
32400 Paseo Adelanto
San Juan Capistrano, California 92675 n 9S.,a,N�0 \
SUBJECT: MBP B-62, Rancho Viejo ridge at Trabuco Creek \
Dear Mr p y,
Transmitted herewith is one (1) f lly executed copy of the above
referenced MBP Agreement between he City of San Juan Capistrano and the
County of Orange. Also attached s one (1) copy of Board of Supervisors
Minute Order authorizing County's execution of the agreement.
Staff of Environmental ManagementlAgency have reviewed final plans for
the subject project. Comments su mitted by our Bridge Design section are
compiled below:
1. No answer is given to our1comment No. 3 related to the pinned/
fixed connection at the pile caps.
2. On Sheet 2 of 9, response ■ states permit load was not included
yet the plans have been s bmitted showing P-13 load as part of
the Live Loading criteria County Standards require the bridge
be designed forP-13 loadiesign.
ng. It was stated by NBS/Lowry that
P-13 was not used in the
3. On Sheet 3 of 9,response d states that a longer 140 foot
retaining wall is shown. INeed for this wall is due to the bike
trail, not for the bridge. This item is not eligible for Major
Bridge Funds.
Should you have any questions onP�ridge Design comments, please contact
Richard Hart at 541-7583.
Our Operations section has commended that proper nomenclature should be
used in Items 2, 11, and 13 of th construction notes on page 10 of the
plans (e.g. APWA 104 -0 -OC.)
Flood Control Design has commented that the pier extension has a negative
effect on an already deficient cha nel. Although the current design flow
was used together with acceptable methods of calculation for hydraulic
losses, there has been no study of the upstream effects of the bridge
pier extension. Because of the existing deficiency, Flood Control Design
Page 2
states that it is not possible to approve the hydraulics of the bridge
widening. Future mitigations should be considered. Questions relating
to Flood Control Design should b$ directed to Francisco Alonso at
834-2605.
We did not receive specification nor estimates with this plan submittal.
Final project approval cannot oc ur until after these documents are
reviewed by our staff. We appre late the fact that part of the bridge
railing is currently being revised, however this project is on a very
tight schedule and proper allowa ce must be made for review time.
Very truly yourS,
Roger Hohnbaum, Manager
Road Programs
TRB:dw
MBPB-62r
Attachments: Agreement
Minute Order
T
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
MINUTES November 28, 1989
COOPERATIVE AGREEMENT NO. D89-203 WITH THE CITY OF SAN JUAN CAPISTRANO
AND ORANGE COUNTY FLOOD CONTROL DISTRICT (O.C.F.C.D.) FOR WIDENING OF
Agency, on behalf of the City of San Juan Capistrano, requests approval
of Cooperative Agreement which p ovides for widening of Rancho Viejo
Road Bridge across Trabuco Creek.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth,
the Board authorized execution o Cooperative Agreement No. D89-263.
MOTION UNANIMOUSLY CARRIED.
RECEIVED
u s: 1 5 1989
EMA
November 9, 1989
Mr. Roger H. Hohnbaum, Manager
Road Programs
Environmental Management Agency
P. O.Box 4048
Santa Ana, California 92702-4048
Re:
Dear Mr. Hohnbaum:
Rancho
MEMBERS OF THE CITY COUNCIL
ANTHONY L. BLAND
LAWRENCE F. BUCHHEIM
KENNETH E. FRIESS
GARY L. HAUSDORFER
PHILLIP R. SCHWARTZE
CITY MANAGER
STEPHEN B JULIAN
The City Council of the City of San Juan Capistrano at its regular meeting held
November 7, 1989, approved the Co perative Agreement with the County which
defines the areas of responsibility foF design, construction and inspection of the
project to widen the Rancho Viejo bri ge at Trabuco Creek.
The original and two copies of the
Upon approval of the Board of Supei
to this office.
Thank you for your cooperation. If
Very truly yours,
Mary Ann IR'anover, CMC
City Clerk
MAH/cj
Enclosure
cc: Director of Public Works
nent are enclosed, as you requested.
please return one fully -executed copy
can be of further assistance, please call.
32400 PASEO ADELANTO, SAN JUAN CAOISTRANO, CALIFORNIA 92675 • (714) 498-1171