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1989-1128_ORANGE, COUNTY OF_Agreement1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ll �I Agreement No. D89-263 AGREEMENT y,��.� —1A`' THIS AGREEMENT, made and entered into this' 'day of ��.t�ytyJ6^1 19 *A 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 -1- 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 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P 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 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 0 i 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. i� 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 -4- 1 2' 3 4 51 6 71 81 91 10 11 12 131 14 15 16 17! 181 19 201 211 221 23 24 25 26 27 28 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 -5- 2 3' 4 5' 6 7 8 9 10 11 12 13 14i 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 5 6 7 8 a 101 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -7- Deputy N' Cr- OL Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J y W F _z 15 ° D O W°U U16 y W Z L O li Z O 0 T 17 U 18 19 20 21 22 23 24 25 26 N N O 27 LL ® 28 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} WDM/TGS/TAL:ssg okkI/ 9 Z ,y r-- IA _23___2_4 26 25 35 25 • LOCATION nno� wun.� M / \ 1 fy, \r o�^ No op t P )OJECT N j 0 AREA 4 J ( V U-1 L- d y� 1 °'r"4' 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