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1998-0624_CALIF DEPT OF TRANSPORTATION_Coopertaive Agreement0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) June 17, 1998 Mr. Saied Hashemi Caltrans, District 12 2501 Pullman Street Santa Ana, California 92705 J� NUlnllrll BnnmB 1961 D7i Re: Amendment to Agreement No. 12-322 Dear Mr. Hashemi: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER WYATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of June 16, 1998, the City Council of the City of San Juan Capistrano approved an amendment to Agreement No. 12-322, to revise the City's share method of payment for the proposed widening of Ortega Highway between the 1-5 freeway and Rancho Viejo Road. The original Agreement was approved by the City Council on April 21, 1998, and three certified copies of the minutes of that approval are enclosed. Three copies of District Agreement 12-322 Al, signed by the City, are enclosed. Upon signature by the appropriate State officials, please return a fully -executed copy to the City Clerk's office for the City's records. Thank you for your assistance. Please feel free to contact meat 949-443-6308 if you need any further information. Very truly yours, Cheryl John on, MC City Clerk Enclosure cc: Engineering and Building Director (with copy of agreement) Brian Perry (with copy of agreement) San Juan Capistrano: Preserving the Past to Enhance the Future DRUG USE IS AB 6 4 MEMORANDUM TO: Memo to File FROM: Dawn M. Schanderl, Deputy City Clerk DATE: July 13, 1998 SUBJECT: Cooperative Agreement - Ortega Highway Widening Project I-5 to Rancho Viejo Road Cooperative Agreement approved April 21, 1998. Amendment to Cooperative approved June 16, 1998. Per Brian Perry, Senior Civil Engineer, State would not accept the two documents so document entitled Cooperative Agreement (#014218) is the legal document to go by. 12 -ORA -74 KP 0.00/0.39 014218 Extend Right Turn Lanes from I-5 to Rancho Viejo Road 12206- 031700 District Agreement 12-322 THIS AGREEMENT, ENTERED INTO ON OF CALIFORNIA, acting by and throw 1998 is between the STATE to herein as STATE, and through its Department of Transportation, referred CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as CITY. District Agreement 12- 322 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE and CITY desire State highway improvements consisting of extending the right turn lanes on Route 74 from I-5 to Rancho Viejo in the City of San Juan Capistrano referred to as "PROJECT'. 3. CITY desires and has requested STATE to acquire right of way and enhance the aesthetics for PROJECT, referred to herein as "IMPROVEMENTS", shown in Exhibit `A" attached and incorporated herein by reference, and is willing to pay the additional cost. 4. CITY desires and has requested STATE to perform the work referred to herein as "UTILITY IMPROVEMENTS" shown in the Exhibit `ii" attached and incorporated herein by reference, and is willing to pay these additional costs. S. The parties hereto intend to define herein the terms and conditions under which PROJECT, including IMPROVEMENTS and UTILITY IMPROVEMENTS, are to be constructed, financed, and maintained. SECTION I STATE AGREES: 1. To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for IMPROVEMENTS and UTILITY IMPROVEMENTS and bear the entire actual expense thereof. To advertise, open and review bids, award and administer the construction contract for PROJECT. 2. To pay 43% of the actual cost of the shared items shown on Exhibit A, estimated to be $23,010, but in no event shall STATE's total obligation for IMPROVEMENTS and UTILITY IMPROVEMENTS construction costs under this Agreement, excluding costs referred to in Section III, Article (12) of the Agreement, exceed the amount of $23,010; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. Exhibit A is attached to and made a part of this Agreement. 2 District Agreement 12- 322 3. To acquire all necessary right of way as may be required for construction of IMPROVEMENTS and CITY hereby authorizes STATE to acquire in its behalf all such necessary right of way required for IMPROVEMENTS. 4. To prepare fair market value appraisal reports on all parcels of right of way required for IMPROVEMENTS. 5. To account for all IMPROVEMENTS and UTILITY IMPROVEMENTS costs to be paid for by CITY pursuant to this Agreement. 6. To submit a billing in the amount of $315,000 to CITY within thirty (30) days upon execution of this Agreement. Said billing represents CITY share of the total estimated costs of right of way capital, and right of way acquisition for IMPROVEMENTS. 7. To submit an initial billing in the amount of $41,530 to CITY 15 days prior to STATE's bid advertising date of a construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS. Said initial billing represents CITY share for one month estimated construction cost. S. Thereafter, to prepare and submit to CITY monthly billing statements for estimated expenditures for construction one month in advance as construction of IMPROVEMENTS and UTILITY IMPROVEMENTS proceeds. 9. To consult with CITY on all change orders with an estimated cost of over $50,000 before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 10. To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY and to provide updated planned reimbursement schedules. The payment amounts may be revised based on updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY payments pursuant to Section II, Articles (1), (2), and (3) will always be sufficient. 11. Upon completion of IMPROVEMENTS and UTILITY IMPROVEMENTS and all work incidental, thereto, to furnish CITY with a detailed statement of the portion of right of way capital, right of way acquisition, and construction costs to be borne by CITY, including resolution of any construction related claims which have been 3 District Agreement 12- 322 allowed to the construction contractor. STATE thereafter shall refund to CITY, promptly after completion of STATE's final accounting of IMPROVEMENTS and UTILITY IMPROVEMENTS costs, any amount of CITY's deposits required in Section II, Articles (1), (2) and (3) remaining after actual costs to be borne by CITY have been deducted, or to bill CTTY for any additional amount required to complete CITY financial obligations pursuant to this Agreement. SEMOlf II CITY AGREES: To deposit with STATE within twenty-five (25) days of receipt of billing therefor, the amount of $315,000, which figure represents CITY's 100% share of the estimated costs of right of way capital and right of way acquisition cost required for IMPROVEMENTS and UTILITY IMPROVEMENTS. CITY total obligation for said anticipated IMPROVEMENTS and UTILITY IMPROVEMENTS costs shall not exceed the amount of $315,000, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 2. To deposit with STATE within twenty (20) days of receipt of billing (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS, the amount of $41,530. Said figure represents CITY share of the estimated initial deposit for one month estimated construction cost required to complete IMPROVEMENTS and UTILITY IMPROVEMENTS. CITY total obligation for said anticipated construction costs for IMPROVEMENTS and UTILITY IMPROVEMENTS, exclusive of claims and excluding costs referred to in Section III, Article ( 12 ) of this Agreement, shall not exceed the amount of $249,200, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 3. To deposit with STATE not later than ten (10) working days preceding the beginning of each month, the estimated construction expenditures for that month, and to continue making such advance deposit on a monthly basis until completion of IMPROVEMENTS and UTILITY IMPROVEMENTS construction. 4. CITY's share of the construction cost (estimated to be $249,200) shall be an amount equal to 57% of the actual cost of the shared items shown on Exhibit "A' and 100% of the actual cost shown as CITY responsibility on Exhibits "A' and "B', including the cost of construction -related claims, the cost of STATE defense of any of those 4 District Agreement 12- 322 claimsand and the cost of STATE -furnished material, if any, as determined after completion of work and upon final accounting of costs. CITY share of the expense of right of way capital and right of way acquisition (estimated to be $315,000) shall be an amount equal to 100% of the total actual right of way capital and right of way acquisition cost. 6. To pay STATE upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY financial obligation pursuant to this Agreement. SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Should any portion of project be financed with Federal funds or State gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 3. STATE's goal for utilization of Disabled Veteran Business Enterprise (DVBE) will be included in the construction contract. The contract goal will be based on a technical analysis of contract items and certified DVBE subcontractors in the area. STATE will award construction contract to the lowest responsible bidder who meets the goal or who made, in the sole judgment of STATE, a good faith effort to do so. 4. After opening of bids for construction of IMPROVEMENTS and UTILITY IMPROVEMENTS, CITY estimate of cost will be revised based on actual bid prices CITY required deposit under Section II, Article (2) will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $10,000, no refund or demand for additional deposit will be made until final accounting. 5. STATE shall not award a contract to construct IMPROVEMENTS and UTILITY IMPROVEMENTS until after receipt of CITY deposit required in Article (2) of Section District Agreement 12- 322 II of this Agreement. 6. Prior to advertising of bids for the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for all IMPROVEMENTS and UTILITY IMPROVEMENTS related costs incurred by STATE under terms of this Agreement. 7. If, upon opening of bids for IMPROVEMENTS and UTILITY IMPROVEMENTS, the lowest responsible bid does not exceed the Engineer's Estimate, STATE and C17Y may conduct a joint review of the bids immediately following opening of bids and prior to submittal of STATE District 12's letter of recommendation to award to STATE's Office Engineer in Sacramento, if so requested by CITY. After the joint review and within the time allowed for award, STATE may award the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS. 8. If upon joint review of the aforementioned bids, CITY, by written notice to STATE's District 12 Office, elects to not proceed with IMPROVEMENTS and UTILITY IMPROVEMENTS, thereby causing STATE to reject all bids, CITY agrees to pay STATE for all IMPROVEMENTS and UTILITY IMPROVEMENTS -related costs incurred by STATE, including all legal costs and damages resulting from rejection of all bids for IMPROVEMENTS and UTILITY IMPROVEMENTS. 9. If, upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate, STATE and CITY shall consult upon a course of action. If, after fifteen (15) days, a course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of this Section III. 10. If termination of this Agreement is by mutual consent, STATE and CITY will bear the percentages shown on Exhibit 'A' and 'B' of all IMPROVEMENTS and UTILITY IMPROVEMENTS related costs incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's/ CITY responsibility for utility relocation costs. 11. After award of the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS, should CITY, after a request by STATE, not authorize funding beyond the amounts stated in Articles (2) and (3), of Section II above, STATE shall insure that all operating roadways are in a safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold District Agreement 12- 322 an equal amount from future apportionments due CITY from the Highway User Tax Fund. 12. If existing public and/or private utility facilities conflict with IMPROVEMENTS and UTILITY IMPROVEMENTS construction or violate STATE's encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal. STATE shall inspect the protection, relocation or removal. STATE shall inspect the protection, relocation or removal. If there are costs of such protection, relocation or removal which STATE and CITY must legally pay, STATE and CITY shall share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the percentage amounts shown on Exhibit 'A' and Exhibit `H'. If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STAT09 policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with (Local Agency] policy for those facilities outside of the limits of work providing for the improvement to the State highway. 13. In the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires, and said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail as final, binding and inclusive in all matters concerning the IMPROVEMENTS and UTILITY IMPROVEMENTS construction contract. 14. If any unforeseen potential hazardous waste sites are encountered during construction of IMPROVEMENTS and UTILITY IMPROVEMENTS, STATE and CITY shall meet and confer on a course of action. The responsibilities and costs for any action shall be covered by amendment to this Agreement. 15. Upon completion and acceptance of the IMPROVEMENTS and UTILITY IMPROVEMENTS construction contract by STATE, STATE will accept control, at its own cost and expense, those portions of IMPROVEMENTS and UTILITY IMPROVEMENTS lying within STATE's right of way, except area delegated to CITY for planting maintenance. 16. CITY will maintain, at CITY expense, IMPROVEMENTS and UTILITY IMPROVEMENTS within STATE's right of way delegated to CITY for maintenance. District Agreement 12- 322 17. The cost of any maintenance referred to herein in this Agreement shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STAT99 standard accounting procedures. 18. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 19. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CTCV under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by [Local Agency) under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 20. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 21. No alteration or variation of the terns of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 22. Except as otherwise provided in Articles (6), (8), and (10) of this Section III, those portions of Agreement pertaining to the construction of IMPROVEMENTS and UTILITY IMPROVEMENTS shall terminate upon completion and acceptance of the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS by STATE, or on June 30, 2002, whichever is earlier in time; however, the ownership, District Agreement 12- 322 operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. Should any construction- D14218 related claim arising out of IMPROVEMENTS and UTMnY IMPROVEMENTS be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY proportionate share of costs or execute a subsequent agreement to cover those eventualities. IN WITNESS WHEREOF, the parties have executed this Agreement by duly suftrimd officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportstion KEN NELSON District Division Chief Design/Constnaxion APPROVED AS TO FORM AND PROCEDURE: By Attorney Department of Trans 'on CERTIFIED AS TO FORM AND PROCEDURE: B���� Accounting Administrator CERTIFIED AS TO FUNDS: W District Budget Manager CITY OF S/tdr'SUAN C IS O By G' yoM/r Attest Cheryl JoWo4tity Clerk APPROVED AS TO FORM: By o Shaw, City Attorney N N C u S u u • F a a 8 b C M to lVi a a�iN.° ado 0 r N C4 O N N N N N coo O N N0 O N F � iii a a v a v o 0 0 0 pao 8 5Qo p a00 t7 N .ar ' : "' NNi H .fir l�f ty O U i N N N N N N N N h N N N N N N O 8 8 NN in in g g Q g Q a o v m °25a�25�i' co M In N N N CV .� N N N N (A N N 49 V! N W N 0 W ra .a OaJ f4 fn .a] a 2 u AJG U � u 3 a« Y o C C C u p ° 3 W v.� 'a 7 0 ocC 0 s .,� '� m C C. �� 2 O y y u a 'E 3 E'a3<caaiv be aF 000rn8QW oao •p o O o pappcgC41 00 C, a«Ei U� N GO s uO _ _ccc�v�n�nma-• F a a 8 b C M to lVi !4f F a i EIIHffiIT "B^ Construction Capital Costs (UTILITY IMPROVEMENTS) Cost Estimate: • Relocate I existing street light = • Adjust to grade 9 City manhole frame and cover sets = • Relocate 2 existing fire hydrants = • Slurry fill 785 lineal feet of 4" ACP water line and Cap 4" ACP water line at two locations = • Adjust to grade, 24 CV WD valve boxes and covers = Total = 5% contingency = CITY cost obligation for UTILITY IMPROVEMENTS = District Agreement 12- 322 $11,000 $ 3,150 $ 3,000 $ 2,000 8,40 $27,550 $1,400 $28,900 Total City's cost obligation for IMPROVEMENTS and UTILITY IMPROVEMENTS $540,900 + $ 28,900 $569,800 11 F" 0 E) a M M a 0 �D � pp N N O� O C, �M _ N N 7 f& 0 fR fR M MINUTES OF THE CITY COUNCIL City of San Juan Capistrano California A Regular Meeting of the City Council of the City of San Juan Capistrano, California, was held on April 21, 1998. The following named members were present: ROLL CALL PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem David M. Swerdlin, Council Member Wyatt Hart, Council Member Collette Campbell, Council Member ABSENT: None CONSENT CALENDAR s lti7tit�i7i7.7 �7;�L►zL t�1 • ; L s1 s ►!! • • t: • til• • • s • • • • • rr As set forth in the Report dated April 21, 1998 from the Director of Engineering and Building, the Cooperative Agreement No. 12-322 with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road was approved and the Mayor and City Clerk were authorized to execute the Agreement. State of California ) County of Orange ) ss. City of San Juan Capistrano ) 1, Cheryl Johnson, City Clerk and ex -officio Clerk of the City Council of the City of San Juan Capistrano, California, do hereby certify the foregoing to be a full, true, and correct copy of the minute entry on record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15' day of June, 1998. -ti Y (SEAL) City Clerk and cio Clerk of the City Council, San Juan Capistrano, California • *COPY District Agreement 12- 322 Al 12 -ORA -74 KP 0.00/0.39 Extend Right Turn Lanes from I -S to Rancho Viejo Road 12206 - 031700 AMENDMENT TO AGREEMENT THIS AGREEMENT, ENTERED INTO ON 1998 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as CITY. I RECITALS District Agreement 12- 322 Al 1, The parties hereto intend to revise the entire Cooperative Agreement #12-322. 2. The purpose of the Amendment is to revise the CITY's share method of payment. 3. STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 4. STATE and CITY desire State highway improvements consisting of extending the right turn lanes on Route 74 from I-5 to Rancho Viejo in the City of San Juan Capistrano referred to as "PROJECT". 5. CITY desires and has requested STATE to acquire right of way and enhance the aesthetics for PROJECT, referred to herein as "IMPROVEMENTS", shown in Exhibit "A" attached and incorporated herein by reference, and is willing to pay the additional cost. 6. CITY desires and has requested STATE to perform the work referred to herein as "UTILITY IMPROVEMENTS" shown in the Exhibit "B" attached and incorporated herein by reference, and is willing to pay these additional costs. 7. The parties hereto intend to define herein the terms and conditions under which PROJECT, including IMPROVEMENTS and UTILITY IMPROVEMENTS, are to be constructed, financed, and maintained. SECTION I STATE AGREES: 1. To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for IMPROVEMENTS and UTILITY IMPROVEMENTS and bear the entire actual expense thereof. To advertise, open and review bids, award and administer the construction contract for PROJECT. 2. To pay 43% of the actual cost of the shared items shown on Exhibit A, estimated to be $23,010, lett in no event shall STATE's total obligation for IMPROVEMENTS and y// 2 0 0 District Agreement 12- 322 Al UTILITY IMPROVEMENTS construction costs under this Agreement, excluding costs referred to in Section III, Article (12) of the Agreement, exceed the amount of $23,010; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. Exhibit A is attached to and made a part of this Agreement. 3. To acquire all necessary right of way as may be required for construction of IMPROVEMENTS and CITY hereby authorizes STATE to acquire in its behalf all such necessary right of way required for IMPROVEMENTS. 4. To prepare fair market value appraisal reports on all parcels of right of way required for IMPROVEMENTS. 5. To account for all IMPROVEMENTS and UTILITY IMPROVEMENTS costs to be paid for by CITY pursuant to this Agreement. 6. To submit a billing in the amount of $315,000 to CITY within thirty (30) days upon execution of this Agreement. Said billing represents CITY share of the total estimated costs of right of way capital, and right of way acquisition for IMPROVEMENTS. 7. To submit an initial billing in the amount of $41,530 to CITY 15 days prior to STATE's bid advertising date of a construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS. Said initial billing represents CITY share for one month estimated construction cost. 8. Thereafter, to prepare and submit to CITY monthly billing statements for estimated expenditures for construction one month in advance as construction of IMPROVEMENTS and UTILITY IMPROVEMENTS proceeds. 9. To consult with CITY on all change orders with an estimated cost of over $50,000 before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 10. To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY and to provide updated planned reimbursement schedules. The payment amounts may be revised based on updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY payments pursuant to Section II, Articles (1), (2), and (3) will always be sufficient. 3 District Agreement 12- 322 Al 11. Upon completion of IMPROVEMENTS and UTILITY IMPROVEMENTS and all work incidental, thereto, to furnish CITY with a detailed statement of the portion of right of way capital, right of way acquisition, and construction costs to be borne by CITY, including resolution of any construction related claims which have been allowed to the construction contractor. STATE thereafter shall refund to CITY, promptly after completion of STATE's final accounting of IMPROVEMENTS and UTILITY IMPROVEMENTS costs, any amount of CITY's deposits required in Section II, Articles (1), (2) and (3) remaining after actual costs to be borne by CITY have been deducted, or to bill CITY for any additional amount required to complete CITY financial obligations pursuant to this Agreement. SECTION II CITY AGREES: 1. To deposit with STATE within twenty-five (25) days of receipt of billing therefor, the amount of $315,000, which figure represents CITY's 100% share of the estimated costs of right of way capital and right of way acquisition cost required for IMPROVEMENTS and UTILITY IMPROVEMENTS. CITY total obligation for said anticipated IMPROVEMENTS and UTILITY IMPROVEMENTS costs shall not exceed the amount of $315,000, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 2. To deposit with STATE within twenty (20) days of receipt of billing (which billing will be forwarded 15 days prior to STATE's bid advertising date of a construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS, the amount of $41,530. Said figure represents CITY share of the estimated initial deposit for one month estimated construction cost required to complete IMPROVEMENTS and UTILITY IMPROVEMENTS. CITY total obligation for said anticipated construction costs for IMPROVEMENTS and UTILITY IMPROVEMENTS, exclusive of claims and excluding costs referred to in Section III, Article ( 12 ) of this Agreement, shall not exceed the amount of $249,200, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 3. To deposit with STATE not later than ten (10) working days preceding the beginning of each month, the estimated construction expenditures for that month, and to continue making such advance deposit on a monthly basis until completion of IMPROVEMENTS and UTILITY IMPROVEMENTS construction. 4. CITY's share of the construction cost (estimated to be $249,200) shall be an amount equal to 57% of the actual cost of the shared items shown on Exhibit "A" and 100% 4 District Agreement 12- 322 Al of the actual cost shown as CITY responsibility on Exhibits "A" and "B", including the cost of construction -related claims, the cost of STATE defense of any of those claims and the cost of STATE -furnished material, if any, as determined after completion of work and upon final accounting of costs. 5. CITY share of the expense of right of way capital and right of way acquisition (estimated to be $315,000) shall be an amount equal to 100% of the total actual right of way capital and right of way acquisition cost. 6. To pay STATE upon completion of all work and within twenty (20) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete CITY financial obligation pursuant to this Agreement. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Should any portion of project be financed with Federal funds or State gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 3. STATE's goal for utilization of Disabled Veteran Business Enterprise (DVBE) will be included in the construction contract. The contract goal will be based on a technical analysis of contract items and certified DVBE subcontractors in the area. STATE will award construction contract to the lowest responsible bidder who meets the goal or who made, in the sole judgment of STATE, a good faith effort to do so. 4. After opening of bids for construction of IMPROVEMENTS and UTILITY IMPROVEMENTS, CITY estimate of cost will be revised based on actual bid prices CITY required deposit under Section II, Article (2) will be increased or decreased to match said revised estimate. If deposit increase or decrease is less than $10,000, no refund or demand for additional deposit will be made until final accounting. 5. STATE shall not award a contract to construct IMPROVEMENTS and UTILITY IMPROVEMENTS until after receipt of CITY deposit required in Article (2) of Section 5 District Agreement 12- 322 Al II of this Agreement. 6. Prior to advertising of bids for the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for all IMPROVEMENTS and UTILITY IMPROVEMENTS related costs incurred by STATE under terms of this Agreement. 7. If, upon opening of bids for IMPROVEMENTS and UTILITY IMPROVEMENTS, the lowest responsible bid does not exceed the Engineer's Estimate, STATE and CITY may conduct a joint review of the bids immediately following opening of bids and prior to submittal of STATE District 12's letter of recommendation to award to STATE's Office Engineer in Sacramento, if so requested by CITY. After the joint review and within the time allowed for award, STATE may award the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS. 8. If upon joint review of the aforementioned bids, CITY, by written notice to STATE's District 12 Office, elects to not proceed with IMPROVEMENTS and UTILITY IMPROVEMENTS, thereby causing STATE to reject all bids, CITY agrees to pay STATE for all IMPROVEMENTS and UTILITY IMPROVEMENTS -related costs incurred by STATE, including all legal costs and damages resulting from rejection of all bids for IMPROVEMENTS and UTILITY IMPROVEMENTS. 9. If, upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate, STATE and CITY shall consult upon a course of action. If, after fifteen (15) days, a course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of this Section III. 10. If termination of this Agreement is by mutual consent, STATE and CITY will bear the percentages shown on Exhibit "A" and "B" of all IMPROVEMENTS and UTILITY IMPROVEMENTS related costs incurred by STATE prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's/ CITY responsibility for utility relocation costs. 11. After award of the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS, should CITY, after a request by STATE, not authorize funding beyond the amounts stated in Articles (2) and (3), of Section II above, STATE shall insure that all operating roadways are in a safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold 0 0 District Agreement 12- 322 Al an equal amount from future apportionments due CITY from the Highway User Tax Fund. 12. If existing public and/or private utility facilities conflict with IMPROVEMENTS and UTILITY IMPROVEMENTS construction or violate STATE's encroachment policy, STATE shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal. STATE shall inspect the protection, relocation or removal. STATE shall inspect the protection, relocation or removal. If there are costs of such protection, relocation or removal which STATE and CITY must legally pay, STATE and CITY shall share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the percentage amounts shown on Exhibit "A" and Exhibit "B". If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STATE's policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with [Local Agency] policy for those facilities outside of the limits of work providing for the improvement to the State highway. 13. In the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a representative, if it so desires, and said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail as final, binding and inclusive in all matters concerning the IMPROVEMENTS and UTILITY IMPROVEMENTS construction contract. 14. If any unforeseen potential hazardous waste sites are encountered during construction of IMPROVEMENTS and UTILITY IMPROVEMENTS, STATE and CITY shall meet and confer on a course of action. The responsibilities and costs for any action shall be covered by amendment to this Agreement. 15. Upon completion and acceptance of the IMPROVEMENTS and UTILITY IMPROVEMENTS construction contract by STATE, STATE will accept control, at its own cost and expense, those portions of IMPROVEMENTS and UTILITY IMPROVEMENTS lying within STATE's right of way, except area delegated to CITY for planting maintenance. 16. CITY will maintain, at CITY expense, IMPROVEMENTS and UTILITY IMPROVEMENTS within STATE's right of way delegated to CITY for maintenance. 7 District Agreement 12- 322 Al 17. The cost of any maintenance referred to herein in this Agreement shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. 18. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 19. Neither STATE nor any officer or employee thereof is responsible for any damage or liability 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 under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by [Local Agency] under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 20. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 21. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 22. Except as otherwise provided in Articles (6), (8), and (10) of this Section III, those portions of Agreement pertaining to the construction of IMPROVEMENTS and UTILITY IMPROVEMENTS shall terminate upon completion and acceptance of the construction contract for IMPROVEMENTS and UTILITY IMPROVEMENTS by STATE, or on June 30, 2002, whichever is earlier in time; however, the ownership, 8 District Agreement 12- 322 Al operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. Should any construction - related claim arising out of IMPROVEMENTS and UTILITY IMPROVEMENTS be asserted against STATE, CITY agrees to extend the termination date of this Agreement and provide additional funding as required to cover CITY proportionate share of costs or execute a subsequent agreement to cover those eventualities. IN WITNESS WHEREOF, the parties have executed this Agreement by duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation 0 KEN NELSON District Division Chief Design/Construction APPROVED AS TO FORM AND PROCEDURE: a Attorney Department of Transportation CERTIFIED AS TO FORM AND PROCEDURE: m Accounting Administrator CERTIFIED AS TO FUNDS: LIM District Budget Manager CITY OF S,rI'dUAN C IS O By G' 6,'Mayor Atte f Cheryl Jo o ityClerk APPROVED AS TO FORM: By o Shaw, City Attorney t 0 w M O O [� G 0 0 0 O E., O It N N O O m m O O rF/1 O fA 49 6s (R ssO O O O 69 63 � O% W C o vi o Cl) a Cl) Cl) v o 0 0 0 0 0 O O 0 O N a MO0O O O coooOOOO 0m 0 rcc++ ❑y l- L6 WM N O Cl) O M It +O NO ON y uM7 Cq d! 6s 6s69U (R (R !R �RdN � � 0 h n e l" h 0 0 0 0 0 o o U 1n N 1n h� .y O O 0 0 0 0 0 O O %oon00 IT It .r N N N N N fCL H3 iH &3 d3 (A fR 13 69 lA 69 m W fA M l/1 cool !p m m d a a a v A .!C ro 0 v 3 4 o y c u x G H q .� r v W v a ro r °o 3 vCdh a cl o .� x : C ro R C 0 ,o C) cd 4' a o; o > C C j p^�, .'moo to ami u u W v o ro o i c o o ani -Zi Cl) O o- F Q ro ID 0 o m o o m a o rn o O v o O 0 O a O m M m �o o — 0 N 0 00 0 m 0 « O O\ O O O O 0 fi --� N M N Z h m D` t 0 w a w � a °E oia 00000000 W 0 of o o o o o yoo�i0ou born ° 0C a c "'o0 vir %I ss �*l o U o o0 0 0 Q0 pp 0 C A N M N M (R 63 iH 61 63 !n l% r N 7 N o+ N .�7 W 7 .M.7cd [l W O C7 O d 0 U v u v bc O Gy y C o o� N NM v c U O ILO 0 N N 0 to U 00 x 8 OI N r,. R1 N.1 Q r.. W O 0 O t� H A � 0 U U or V a 0 a r u p a O a° A > a 0 NNM MM ON C 6s II 0 II &4 II H3 II lu} II 1% II r.. O t� H A � 0 U U or V a 0 a r u p a O a° A > a 0 co AGENDA ITEM June 11, 1998 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Caltrans Cooperative Funding Agreement/Ortega Highway I-5 to RanchoViejo Road. It is recommended that City Council: (1) Add the subject item to Council's Agency by 4/5's vote. (2) Approve the subject Caltrans Cooperative Funding Agreement. Mtfj $W A. Summary and Recommendation On April 21, 1998 City Council approved the Cooperative Funding Agreement for the widening of Ortega Highway between I-5 and Rancho Viejo Road. Subsequent to the Council meeting, Caltrans has asked for several changes to the agreement, involving distribution of costs in the project's sub -tasks. The financing revisions do not affect the total costs to the City which remains at $569,800 as reported in the April 21, 1998 Agenda Item. Caltrans needs to have the revisions approved by the City prior to July 1, 1998, otherwise, we are informed that Caltrans will lose their funding. This is considered a significant project to the City and, therefore, due to the urgency to retain viability of the funding, staff requests Council add this item to its June 16, 1998 Agenda and that Council approve the Cooperative Agreement as presented. COMMISSIONBOARD REVIEW AND RECOMMENDATIONS N/A FINANCIAL SIDE IONS The revised agreement as stated will not change the City's obligation. r WE AGENDAITEM PUBLIC NOTIFICATION None ALTERNATE ACTIONS 1. Approve as recommended 2. Do not approve 3. Refer to staff fir additional information. -2- RECOMMENDATION It is recommended that City Council: (1) Add the subject item to Council's Agenda by 4/5 vote. (2) Approve the subject Caltrans Cooperative Funding Agreement. Respectfully submitted, William M. Huber Director of Engineering & Building WMH:ch Attachment: Amendment to Caltrans Cooperative Funding Agreement 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (714) 493-1171 (714) 493-1053 (FAX) April 22, 1998 Mr. Saied Hashemi Caltrans, District 12 2501 Pullman Street Santa Ana, California 92705 a,uiuu 1961 1776 Re: Cooperative Agreement No. 12-322 - Ortega Highway Widening Proms. 1-5 to Rancho Viejo Road Dear Mr. Hashemi: MEMBERS OF THE CITY COUNCIL OOLLENE GAMPBPL JOHN GREINER WYATT HART GILJONES DAVID SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of April 21, 1998, the City Council of the City of San Juan Capistrano approved Cooperative Agreement No. 12-322 for widening of Ortega Highway from the 1-5 northbound freeway ramps to Rancho Viejo Road. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. Pursuant to your letter of April 9, 1998, three copies of the agreement have been signed by the City and are enclosed. Upon completion by State officials, please return one fully - executed copy to the City Clerk's office. Your letter requested certified copies of the minutes relating to this item. That will be forwarded to you when it is available. Thank you for your cooperation. Please feel free to contact Brian Perry at 949-443-6353 if you have any questions. Very truly yours, Cheryl Joa 0 City Clerk Enclosure cc: Engineering and Building Director Brian Perry DRUG use 1s A6 St San Juan Capistrano: Preserving the Past to Enhance the Future • District Agreement 12- 322 12 -ORA -74 KP 0.00/0.39 Extend Right Tum Lanes from I-5 to Rancho Viejo Road 12206 - 031700 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON 1 1998 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as CITY. 1 District Agreement 12- 322 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE contemplates the widening of SR -74 Ortega Highway to extend the right turn lanes from I-5 to Rancho Viejo Road in San Juan Capistrano, referred to herein as "PROJECT". 3. CITY desires and has requested STATE to acquire right of way and enhance the aesthetics for PROJECT, referred to herein as "IMPROVEMENTS", shown in Exhibit "A" attached and incorporated herein by reference, and is willing to pay the additional cost. 4. CITY desires and has requested STATE to perform the work referred to herein as "UTILITY IMPROVEMENTS" shown in the Exhibit `B" attached and incorporated herein by reference, and is willing to pay these costs. 5. The parties hereto intend to define herein the terms and conditions under which PROJECT, including IMPROVEMENTS and UTILITY IMPROVEMENTS, are to be constructed, financed, and maintained. SECTION I STATE AGREES: 1. To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT and bear the entire actual expense thereof. 2. To acquire all necessary right of way as may be required for construction of IMPROVEMENTS and UTILITY IMPROVEMENTS and CITY hereby authorizes F District Agreement 12- 322 STATE to acquire in its behalf all such necessary right of way required for IMPROVEMENTS and UTILITY IMPROVEMENTS. Support costs necessary to accomplish said right of way acquisition will be at STATE expense. 3. To advertise, award, and administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install IMPROVEMENTS and UTILITY IMPROVEMENTS. 4. To establish a separate account or accounts to accumulate charges for all work to be paid for by CITY pursuant to this Agreement. 5. To submit an initial billing in the amount of $95,000 15 days prior to STATE's bid advertising date of a construction contract for PROJECT. Said initial billing to represent CITY's initial deposit for one month estimated cost of obligation for IMPROVEMENTS and UTILITY IMPROVEMENTS. See Exhibit C, attached and made a part of this Agreement. 6. To prepare and submit monthly billing statements in the amount of $95,000 to CITY for estimated expenditures for construction capital expenditures, one month in advance as PROJECT proceeds. See Exhibit C. 7. To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY, and to provide updated planned reimbursement schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY's advance deposits pursuant to Section II, Article 3& 4, will always be sufficient. 8. Upon completion of IMPROVEMENTS and UTILITY IMPROVEMENTS and all work 3 District Agreement 12- 322 incidental thereto to furnish CITY with a detailed statement of the actual costs of IMPROVEMENTS and UTILITY IMPROVEMENTS to be borne by CITY, including resolution of any IMPROVEMENTS and UTILITY IMPROVEMENTS construction related claims which have been allowed to the construction contractor. STATE shall thereafter refund to CITY, promptly after completion of STATE's final accounting of IMPROVEMENTS and UTILITY IMPROVEMENTS costs, any amount of CITY's deposits required in Section II, Articles 3 and 4 remaining after actual costs to be borne by CITY have been deducted or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. 9. STATE's share of the cost of IMPROVEMENTS and UTILITY IMPROVEMENTS shall be a lump sum amount of $589,000 which figure represents the amount agreed to by CITY and STATE as the estimated cost of the original work that would have taken place had CITY not requested IMPROVEMENTS and UTILITY IMPROVEMENTS. 10. To retain for audit by CITY auditors, for a period of three (3) years from date of processing the final detailed statement of IMPROVEMENTS and UTILITY IMPROVEMENTS costs, all records and accounts relating to construction of IMPROVEMENTS and UTILITY IMPROVEMENTS, and make such materials available at STATE's District 12 Offices, and copies thereof shall be famished to CITY, if requested by CITY. SECTION H CITY AGREES: To fund one hundred (100) percent of the actual cost for IMPROVEMENTS and F District Agreement 12- 322 UTILITY IMPROVEMENTS less STATE's contribution of $589,000 referred to in Section I, Article 8 of this Agreement. CITY's amount is estimated to be $569,800.. 2. To provide, in a timely manner, all the necessary information relating to UTILITY IMPROVEMENTS. 3. To deposit with STATE within twenty (20) working days of receipt of billing therefore, the amount of $95,000. Said figure represents the initial deposit for one month's estimated construction capital costs for PROJECT. See EXHIBIT C. 4. To deposit with STATE not later than ten (10) working days preceding the beginning of each month, the amount of $95,000. Said figure to represent the estimated expenditures for construction capital expenditures for that month, and to continue making such advance deposits on a monthly basis until PROJECT completion. See Exhibit C. 5. Upon completion by STATE of all services performed on behalf of CITY, and within twenty-five (25) working days of receipt of a detailed statement made upon final accounting of costs and billing therefor, to reimburse STATE promptly any amount over and above funds deposited by CITY as defined in Section II, Article 3 & 4 required to complete CITY'S financial obligations pursuant to this Agreement. Actual cost to CITY shall include all direct and indirect (functional and administrative overhead assessment) costs attributable to such work applied in accordance with STATE's standard accounting procedures, and will be determined upon completion of all such work and final accounting of all related charges. 6. To make all arrangements to provide the construction contractor with permits to enter 4 E 9 District Agreement 12- 322 and construct on lands outside of STATE's highway right of way in the event that such permits are necessary to accommodate construction of IMPROVEMENTS and UTILITY IMPROVEMENTS and to certify in a form satisfactory to STATE, prior to STATE's advertising date of the construction contract for PROJECT, that such permits have been obtained. IT IS THEREFORE MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Exhibits A, B and C, attached and made part of this Agreement, provides a cost estimate for IMPROVEMENTS and UTILITY IMPROVEMENTS. 3. CITY's total obligation for costs of PROJECT, including construction, utility protection, contract change orders and any other additional costs attributable to IMPROVEMENTS and UTILITY IMPROVEMENTS, shall be the actual cost, estimated to be $569,800. 4. STATE shall obtain written concurrence of CITY prior to incurring any additional costs for IMPROVEMENTS or UTILITY IMPROVEMENTS as specified in this Agreement. An Amendment to Agreement shall be executed by STATE and CITY to cover any additional IMPROVEMENTS and UTILITY IMPROVEMENTS cost should amounts specified in this Agreement be exceeded. 5. CITY to maintain UTILITY IMPROVEMENTS constructed pursuant to this Agreement 51 0 0 District Agreement 12- 322 which lie within STATE's right of way and to bear the entire expense thereof. 6. Upon completion of UTILITY IMPROVEMENTS work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in CITY, and no further agreement will be necessary to transfer ownership to CITY. 7. After award of the construction for PROJECT, should CITY after a request by STATE, not authorize funding beyond the amount stated in Articles 1, 3, and 4 of Section II above, STATE shall ensure that all operating roadways are in safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. 8. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 9. Neither STATE nor any officer or employee thereof is responsible for any damage or liability 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 under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suites or actions of every name, kind and description 7 0 U District Agreement 12- 322 brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 10. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 STATE shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suites or actions every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 11. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. This Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE and completion and acceptance of the IMPROVEMENTS and UTILITY IMPROVEMENTS by CITY and final disposition of CITY'S costs as specified in Section TI, Article 3 and 4 above, or on June 30, 2001 whichever is earlier in time. K 0 0 District Agreement 12- 322 IN WITNESS WHFREOF, the parties have executed this Agreement by duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation WALT H. HAGEN District Division Chief Design/Construction APPROVED AS TO FORM AND PROCEDURE: Attorney Department of Transportation CERTIFIED AS TO FORM AND PROCEDURE: m Accounting Administrator CERTIFIED AS TO FUNDS: District Budget Manager E CITY OF SAN JUAN CAPISTRANO By Gil Jones, avor Clerk APPROVED AS TO FORM: /J BY 'jZ W /Jdt, John Shaw, ity Attom l/ District Agreement 12- 322 EXHIBIT "A" Construction Capital Costs (IMPROVEMENTS) Current Estimate: (CITY'S requested IMPROVEMENTS) • 66 Meter Retaining Wall (Tieback with Piles) _ $ 310,000 • Landscape including enhancement = $ 58,400 • Earthwork (Slope) _ $ 187,500 • Right of Way = 574,000 Cost = $1,129,900 Original Estimate: (STATE PROJECT) • 183 Meter Retaining Wall (Type I -Spread Footing) _ $ 564,000 • Landscape = $ 25,000 • Right of Way = $ 0 Costs = $ 589,000 CITY cost obligation for IMPROVEMENTS = $1,129,900 - $589,000 $540,900 Vii] District Agreement 12- 322 EXHIBIT `B" Construction Capital Costs (UTILITY IMPROVEMENTS) Cost Estimate: • Relocate 1 existing street light = $11,000 • Adjust to grade 9 City manhole frame and cover sets = $ 3,150 • Relocate 2 existing fire hydrants = $ 3,000 • Slurry fill 785 lineal feet of 4" ACP water line and Cap 4" ACP water line at two locations = $ 2,000 • Adjust to grade, 24 CVWD valve boxes and covers = 8,400 Total $27,550 5% contingency $1,400 CITY cost obligation for UTILITY IMPROVEMENTS = $28,900 Total City's cost obligation for IMPROVEMENTS and UTILITY IMPROVEMENTS $540,900 + $ 28,900 $569,800 11 District Agreement 12- 322 EXH IBIT "C" Estimated Cost of Obligation for IMPROVEMENTS and UTILITY MPROVEMENTS: • Estimated Cost = $569,800 • Estimated Construction Duration = 6 Months • Estimated Monthly Cost = $569,800/6 Months $95,000 Advance Deposits: • Initial Advance Deposit = $95,000 • Monthly Advance Deposits = $95,000 12 138 Is V F DE=PMENT FOR ALL LAND USg CATEGORIES- A RESOLUTIO F THE CITY COUNCIL OFT ITY OF SAN JUAN CAPISTRANO ITIATING A GENERAL PLAN AMENDMENT TO THE LAND USE EMENT FOR INCLUSION OF A NAGRAM THAT SETS FORTH MAXIMUM DENSITY ANDENSITY OF DEVELOPMENT F ALL LAND USE CATEGO S, TEXT DESCRIBING SAID L USE CATEGORIES AND ATE OF STATISTICAL AND TE T LANGUAGE TO REFLECT P SENT CONDITIONS T�ie proposed amendment will updatee Land Use Element for consist, onsist cy with 'tlGo ernment Code provisions to include a dia that sets forth the maximum de ity and inte (ty of development for all land use categori text describing said land use cat ones and andate of statistical and text language to re*t existing conditions. 7. As set forth in the eport dated April 21, 1998 from the City M>Akiager, the extension of the' City Manager's trip ent agreement, which expired on April 18, 998, was approved for three years, until April 2001, with all terms and conditions to remaiX unchanged. A letter dated April 17, 1998, fro any C. Schrey, 25811 Avenida Cabrillo, sup orting the contract extension, was also receive . �8. APPROVAL OF COOPERATIVE AGREEMENT - ORTEGA HIGHWAY WIDENING. 1-5 NORTHBOUND RAMPS TO RANCHO VIEJO ROAD (DEPARTMENT F TRANSPORTATION) (600 50) As set forth in the Report dated April 21, 1998 from the Director of Engineering and Building, the Cooperative Agreement No. 12-322 with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road was approved and the Mayor and City Clerk were authorized to execute the Agreement. P LIC 1. F T ESTABLISH A ATE LA E 820 90/820.40 D FROM TINGF 3 1998 Pr Consideration of r est to withdraw the application to a blish a gated neighbor ood for Village San Juan and t corresponding proposal to vacate r e Road. City Council Minutes -4- 4/21/98 • AG NDA ITEM TO: George Scarborough, City Manager E FROM: William M. Huber, Director of Engineering & Building April 21, 1998 SUBJECT: Consideration of Cooperative Agreement - Ortega Highway Widening, I-5 Northbound Ramps to Rancho Viejo Road (Department of Transportation) RECOMMENDATION By Motion, approve the Cooperative Agreement with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road. Authorize the Mayor and City Clerk to execute the Cooperative Agreement on behalf of the City. SITLIATION A. Summary and Recommendation The Department of Transportation (Caltrans) has completed plans and specifications for the widening of Ortega Highway from the I-5 northbound ramps to Rancho Viejo Road. The project includes aesthetic upgrades, City and Water District relocations to be funded by the City through a Cooperative Agreement between the City and Caltrans. The Cooperative Agreement is now ready and Staff is recommending its approval. RINIERMIR91T l Since 1993, Caltrans has been developing design plans for the proposed widening of Ortega Highway between I-5 and Rancho Viejo Road. The project involves widening Ortega Highway to the ultimate geometric section consistent with the General Plan Circulation Element. Specifically, the project includes extending the westbound right turn lane from Rancho Viejo Road to the I-5 northbound on-ramp and constructing a four -hundred (400) foot long eastbound right turn lane at the Ortega Highway/Rancho Viejo Road intersection. POii CITY COIISX1L RCC J� 0 AGENDAITEM April 21, 1998 Page 2 In September 1995, Caltrans submitted a project report which included plans for widening Ortega Highway between I-5 and Rancho Viejo Road. That report included plans for constructing a six -hundred (600) foot long, 12 to 16 foot high retaining wall along the north side of Ortega Highway between Avenida Los Cerritos and Rancho Viejo Road. Caltrans proposed the wall in order to preserve the existing cemetery access drive and contain the project within the existing right-of-way. The City responded that the retaining wall was not an acceptable solution and recommended consideration of a landscaped cut slope in order to maintain the aesthetic quality of the Ortega Corridor. However, project design with a landscaped cut slope would require the removal/relocation of the Mission Cemetery access drive. As a compromise, Caltrans prepared plans depicting a retaining wall solely to preserve the existing Mission Cemetery access drive and landscaped cut slope along the remainder of the right-of-way. At the meeting of May 20, 1997, the City Council approved the project by Resolution No. 97-5-20-1. Subsequent to this approval, Caltrans identified the need to omit the northside sidewalk in this project. City Council concurred with this at the meeting of October 7, 1997. Construction is scheduled to begin in January 1999. COMMISSIONBOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The total City funding committed in this Agreement is $569,800. The Cooperative Agreement identifies City and CVWD work in Exhibit "B" of the Agreement totaling $28,900, funded as follows: Systems Development Sewer Fund CVWD Subtotal Agreement Exhibit "B" $11,000.00 $3,150.00 $14.750.00 $28,900.00 The Agreement also identifies in Exhibit "A" of the Agreement the capital costs of the City requested upgrades less the originally proposed project cost totaling $540,900. The City has obtained Measure M funding in the amount of $250,000 from the Growth Management Area No. 11 element, and $178,448 from the Master Plan of Arterial Highways element of the Measure M program. The City also has on deposit, fees as contribution to this project from the Lusk C and D project. GMA No. 11 (Measure M) MPAH (Measure M) Lusk C&D (Acct. No. 19-2326) Subtotal Agreement Exhibit "A" $250,000.00 $178,448.00 $112.452.00 $540,900.00 The City's commitment will be paid as six equal payments of $95,000 as shown in Exhibit "C" of the Agreement. 0 0 AGENDA ITEM April 21, 1998 Page 3 NOTIFICATION Caltrans, Saied Hashemi ALTERNATE ACTIONS 1. By motion, approve the Cooperative Agreement with the Department of Transportation for the Widening of Ortega Highway from I-5 Northbound Ramps to Rancho Viejo Road. 2. Do not approve Agreement. 3. Refer to Staff for additional information. RECOMMENDATION By Motion, approve the Cooperative Agreement with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road. Authorize the Mayor and City Clerk to execute the Cooperative Agreement on behalf of the City. R,espe5tfully submitted, William M. Huber, P.E. Director, Engineering and Building WMH/BP:ssg attachments: 1. 2. aAagendas\h1di5ort. by Resolution No. 97-5-20-1 Proposed Cooperative Agreement Prepared by: Brian Perry, P.E. Project Manager r • 0 District Agreement 12- 322 12 -ORA -74 KP 0.00/0.39 Extend Right Turn Lanes from I-5 to Rancho Viejo Road 12206 - 031700 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON 1998 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and 01 CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as CITY. District Agreement 12- 322 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. STATE contemplates the widening of SR -74 Ortega Highway to extend the right turn lanes from I-5 to Rancho Viejo Road in San Juan Capistrano, referred to herein as 'PROJECT". 3. CITY desires and has requested STATE to acquire right of way and enhance the aesthetics for PROJECT, referred to herein as "IMPROVEMENTS", shown in Exhibit "A" attached and incorporated herein by reference, and is willing to pay the additional cost. 4. CITY desires and has requested STATE to perform the work referred to herein as "UTILITY IMPROVEMENTS" shown in the Exhibit `B" attached and incorporated herein by reference, and is willing to pay these costs. 5. The parties hereto intend to define herein the terms and conditions under which PROJECT, including IMPROVEMENTS and UTILITY IMPROVEMENTS, are to be constructed, financed, and maintained. SECTION I STATE AGREES: 1. To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT and bear the entire actual expense thereof. 2. To acquire all necessary right of way as may be required for construction of IMPROVEMENTS and UTILITY IMPROVEMENTS and CITY hereby authorizes 2 District Agreement 12- 322 STATE to acquire in its behalf all such necessary right of way required for IMPROVEMENTS and UTILITY IMPROVEMENTS. Support costs necessary to accomplish said right of way acquisition will be at STATE expense. 3. To advertise, award, and administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install IMPROVEMENTS and UTILITY IMPROVEMENTS. 4. To establish a separate account or accounts to accumulate charges for all work to be paid for by CITY pursuant to this Agreement. 5. To submit an initial billing in the amount of $95,000 15 days prior to STATE's bid advertising date of a construction contract for PROJECT. Said initial billing to represent CITY's initial deposit for one month estimated cost of obligation for IMPROVEMENTS and UTILITY IMPROVEMENTS. See Exhibit C, attached and made a part of this Agreement. 6. To prepare and submit monthly billing statements in the amount of $95,000 to CITY for estimated expenditures for construction capital expenditures, one month in advance as PROJECT proceeds. See Exhibit C. 7. To provide CITY quarterly reports of actual expenditures compared to the monthly advances made by CITY, and to provide updated planned reimbursement schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that CITY's advance deposits pursuant to Section II, Article 3& 4, will always be sufficient. 8. Upon completion of IMPROVEMENTS and UTILITY IMPROVEMENTS and all work 3 0 0 District Agreement 12- 322 incidental thereto to furnish CITY with a detailed statement of the actual costs of IMPROVEMENTS and UTILITY IMPROVEMENTS to be borne by CITY, including resolution of any IMPROVEMENTS and UTILITY IMPROVEMENTS construction related claims which have been allowed to the construction contractor. STATE shall thereafter refund to CITY, promptly after completion of STATE's final accounting of IMPROVEMENTS and UTILITY IMPROVEMENTS costs, any amount of CITY's deposits required in Section II, Articles 3 and 4 remaining after actual costs to be home by CITY have been deducted or to bill CITY for any additional amount required to complete CITY's financial obligations pursuant to this Agreement. 9. STATE's share of the cost of IMPROVEMENTS and UTILITY IMPROVEMENTS shall be a lump sum amount of $589,000 which figure represents the amount agreed to by CITY and STATE as the estimated cost of the original work that would have taken place had CITY not requested IMPROVEMENTS and UTILITY IMPROVEMENTS. 10. To retain for audit by CITY auditors, for a period of three (3) years from date of processing the final detailed statement of IMPROVEMENTS and UTILITY IMPROVEMENTS costs, all records and accounts relating to construction of IMPROVEMENTS and UTILITY IMPROVEMENTS, and make such materials available at STATE's District 12 Offices, and copies thereof shall be fumished to CITY, if requested by CITY. SECTION II CITY AGREES: To fund one hundred (100) percent of the actual cost for IMPROVEMENTS and 4 0 District Agreement 12- 322 UTILITY IMPROVEMENTS less STATE's contribution of $589,000 referred to in Section I, Article 8 of this Agreement. CITY's amount is estimated to be $569,800.. 2. To provide, in a timely manner, all the necessary information relating to UTILITY IMPROVEMENTS. 3. To deposit with STATE within twenty (20) working days of receipt of billing therefore, the amount of $95,000. Said figure represents the initial deposit for one month's estimated construction capital costs for PROJECT. See EXHIBIT C. 4. To deposit with STATE not later than ten (10) working days preceding the beginning of each month, the amount of $95,000. Said figure to represent the estimated expenditures for construction capital expenditures for that month, and to continue making such advance deposits on a monthly basis until PROJECT completion. See Exhibit C. 5. Upon completion by STATE of all services performed on behalf of CITY, and within twenty-five (25) working days of receipt of a detailed statement made upon final accounting of costs and billing therefor, to reimburse STATE promptly any amount over and above funds deposited by CITY as defined in Section II, Article 3 & 4 required to complete CITY'S financial obligations pursuant to this Agreement. Actual cost to CITY shall include all direct and indirect (functional and administrative overhead assessment) costs attributable to such work applied in accordance with STATE's standard accounting procedures, and will be determined upon completion of all such work and final accounting of all related charges. 6. To make all arrangements to provide the construction contractor with permits to enter 5 0 District Agreement 12- 322 and construct on lands outside of STATE's highway right of way in the event that such permits are necessary to accommodate construction of IMPROVEMENTS and UTILITY IMPROVEMENTS and to certify in a form satisfactory to STATE, prior to STATE's advertising date of the construction contract for PROJECT, that such permits have been obtained. SECTION III IT IS THEREFORE MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Exhibits A, B and C, attached and made part of this Agreement, provides a cost estimate for IMPROVEMENTS and UTILITY IMPROVEMENTS. 3. CITY's total obligation for costs of PROJECT, including construction, utility protection, contract change orders and any other additional costs attributable to IMPROVEMENTS and UTILITY IMPROVEMENTS, shall be the actual cost, estimated to be $569,800. 4. STATE shall obtain written concurrence of CITY prior to incurring any additional costs for IMPROVEMENTS or UTILITY IMPROVEMENTS as specified in this Agreement. An Amendment to Agreement shall be executed by STATE and CITY to cover any additional IMPROVEMENTS and UTILITY IMPROVEMENTS cost should amounts specified in this Agreement be exceeded. 5. CITY to maintain UTILITY IMPROVEMENTS constructed pursuant to this Agreement I 0 0 District Agreement 12- 322 which lie within STATE's right of way and to bear the entire expense thereof. 6. Upon completion of UTILITY IMPROVEMENTS work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in CITY, and no further agreement will be necessary to transfer ownership to CITY. 7. After award of the construction for PROJECT, should CITY after a request by STATE, not authorize funding beyond the amount stated in Articles 1, 3, and 4 of Section II above, STATE shall ensure that all operating roadways are in safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. 8. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. 9. Neither STATE nor any officer or employee thereof is responsible for any damage or liability 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 under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suites or actions of every name, kind and description 7 0 0 District Agreement 12- 322 brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 10. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE u..der or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4 STATE shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suites or actions every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 11. No alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 12. This Agreement shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE and completion and acceptance of the IMPROVEMENTS and UTILITY IMPROVEMENTS by CITY and final disposition of CITY'S costs as specified in Section 11, Article 3 and 4 above, or on June 30, 2001 whichever is earlier in time. K Ll District Agreement 12- 322 IN WITNESS WHEREOF, the parties have executed this Agreement by duly authorized officers. STATE OF CALIFORNIA Department of Transportation JAMES W. van LOBEN SELS Director of Transportation 0 WALT H. HAGEN District Division Chief Design/Construction APPROVED AS TO FORM AND PROCEDURE: UZ Attorney Department of Transportation CERTIFIED AS TO FORM AND PROCEDURE: Lo Accounting Administrator CERTIFIED AS TO FUNDS: 0 District Budget Manager w CITY OF SAN JUAN CAPISTRANO 0 Gil Jones, Mayor Attest: Cheryl Johnson, City Clerk APPROVED AS TO FORM: D By L, AL John Shaw, Vity Attorn District Agreement 12- 322 EXHIBIT "A" Construction Capital Costs (IMPROVEMENTS) Current Estimate: (CITY'S requested IMPROVEMENTS) • 66 Meter Retaining Wall (Tieback with Piles) _ $ 310,000 • Landscape including enhancement = $ 58,400 • Earthwork (Slope) _ $ 187,500 • Right of Way = 574,000 Cost = $1,129,900 Original Estimate: (STATE PROJECT) • 183 Meter Retaining Wall (Type 1 -Spread Footing) _ $ 564,000 • Landscape = $ 25,000 • Right of Way = Costs = $ 589,000 CITY cost obligation for IMPROVEMENTS = $1,129,900 - $589,000 $540,900 lus District Agreement 12- 322 EXEIIBIT "B" Construction Capital Costs (UTILITY IMPROVEMENTS) Cost Estimate: • Relocate 1 existing street light = $11,000 • Adjust to grade 9 City manhole frame and cover sets = $ 3,150 • Relocate 2 existing fire hydrants = $ 3,000 • Slurry fill 785 lineal feet of 4" ACP water line and Cap 4" ACP water line at two locations = $ 2,000 • Adjust to grade, 24 CV WD valve boxes and covers = 8,400 Total $27,550 5% contingency $1,400 CITY cost obligation for UTILITY IMPROVEMENTS = $28,900 Total City's cost obligation for IMPROVEMENTS and UTILITY IMPROVEMENTS $540,900 + $ 28,900 $569,800 11 District Agreement 12- 322 EXH IBTT `°C" Estimated Cost of Obligation for IMPROVEMENTS and UTILTCY MPROVEMENTS: • Estimated Cost = $569,800 • Estimated Construction Duration = 6 Months • Estimated Monthly Cost = $569,800/6 Months $95,000 Advance Deposits: • Initial Advance Deposit = $95,000 • Monthly Advance Deposits = $95,000 12 STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Gomrmr DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 April 9,1998 Mr. William M. Huber City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Huber: RE: COOPERATIVE AGREEMENT NO.12-322 (Ortega Highway Widening Project, I-5 to Rancho Viejo Road) Enclosed are four (4) original sets of the Amendment to the Cooperative Agreement between the STATE and CITY OF SAN JUAN CAPISTRANO for the Ortega highway widening project. Another set (without blue cover) is also attached for your reference, where revisions from the previous document are highlighted or in bold letter. Please have three (3) sets of the enclosed Amendment signed by the appropriate City Officials and return them to us by April 22, 1998 together with three (3) certified copies of motion adopted by City Council approving the Amendment and authorizing their execution. After signature by the appropriate STATE officials, you will be furnished a fully executed copy of the Amendment for your files. Sincere y, NY NCIN ,hief Design Branch A 118 Written Communication: (1) Report dated April 7, 1998 from the Director of Engineering and Building, forwarding a Cooperative Agreement with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road. (2) Memorandum dated April 6, 1998 from the Director of Engineering and Building advising that, due to changes proposed by Caltrans, Caltrans had requested that this item be withdrawn from the Agenda. Approval of Request to Withdraw Consideration: It was moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously, that this item be withdrawn from consideration at this time. :•• • :_ • :►- ►I� 1[WHIGINSWININWIff •'_ : • • :1• • I ;• • N#34"N091111111 91010 Report date pnl 7, 1998 from the Director of Engineering and Building, forwarding background inf6unation on the proposed project and more detail regarding the proposed street light location Country Hills Road at the side of the comer lot at 26351 Wildwood Lane. The report note hat letters had been sent to all 35 property owners on Wildwood Lane and Country Hills Rbvd and, by March 16, 1998, 23 responses had been received, 20 of which concurred with the posed street lighting and 3 opposed. Public Comment: Susan Jarvis, 26351 Wildwood Lane, as the Council to reconsider the proposed placement of the light by her home, noting that it was lose to an existing light and was proposed to be placed directly in front of her bedroom windo . She felt strongly that there was no need for the proposed street light. She noted she could a ept the proposed placement, but preferred the light not be installed at all. Mr. Huber advised that the placement had been relocate way from the house, closer to the property line. He suggested that authorization be given t id the project, noting that staff would work with Mrs. Jarvis and report to Council prior to inning the bid process. Council Comments In response to Council Member Hart, Mr. Huber advised that many res ents of the area had felt that the street was poorly lit and the project had been developed at theiPXequest; staff felt the proposed street light locations were the most appropriate to provide the fired level of lighting. The light could be eliminated or relocated, but to provide the leve lighting requested, a street light was needed in that approximate area. Discussion ensued regarding City Council Minutes -6- 0 0 AGENDA ITEM April 7, 1998 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Cooperative Agreement - Ortega Highway Widening, I-5 Northbound Ramps to Rancho Viejo Road (Department of Transportation) RECOMMENDATION By Motion, approve the Cooperative Agreement with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road. Authorize the Mayor and City Clerk to execute the Cooperative Agreement on behalf of the City. SITUATION A. Summary and Recommendation The Department of Transportation (Caltrans) has completed plans and specifications for the widening of Ortega Highway from the I-5 northbound ramps to Rancho Viejo Road. The project includes aesthetic upgrades, City and Water District relocations to be funded by the City through a Cooperative Agreement between the City and Caltrans. The Cooperative Agreement is now ready and Staff is recommending its approval. B. Back rg ound Since 1993, Caltrans has been developing design plans for the proposed widening of Ortega Highway between I-5 and Rancho Viejo Road. The project involves widening Ortega Highway to the ultimate geometric section consistent with the General Plan Circulation Element. Specifically, the project includes extending the westbound right turn lane from Rancho Viejo Road to the I-5 northbound on-ramp and constructing a four -hundred (400) foot long eastbound right turn lane at the Ortega Highway/Rancho Viejo Road intersection. FOR CITY COUNCIL AGM r-- 0 9 AGENDA ITEM April 7, 1998 Page 2 In September 1995, Caltrans submitted a project report which included plans for widening Ortega Highway between I-5 and Rancho Viejo Road. That report included plans for constructing a six -hundred (600) foot long, 12 to 16 foot high retaining wall along the north side of Ortega Highway between Avenida Los Cerritos and Rancho Viejo Road. Caltrans proposed the wall in order to preserve the existing cemetery access drive and contain the project within the existing right-of-way. The City responded that the retaining wall was not an acceptable solution and recommended consideration of a landscaped cut slope in order to maintain the aesthetic quality of the Ortega Corridor. However, project design with a landscaped cut slope would require the removal/relocation of the Mission Cemetery access drive. As a compromise, Caltrans prepared plans depicting a retaining wall solely to preserve the existing Mission Cemetery access drive and landscaped cut slope along the remainder of the right-of-way. At the meeting of May 20, 1997, the City Council approved the project by Resolution No. 97-5-20-1. Subsequent to this approval, Caltrans identified the need to omit the northside sidewalk in this project. City Council concurred with this at the meeting of October 7, 1997. Construction is scheduled to begin in January 1999. COMMISSION/BOARD REVIEW. RECOMMENDATIONS W/Al FINANCIAL CONSIDERATIONS The total City funding committed in this Agreement is $569,800. The Cooperative Agreement identifies City and CVWD work in Exhibit "B" of the Agreement totaling $28,900, funded as follows: Systems Development Sewer Fund CVWD Subtotal Agreement Exhibit "B" $11,000.00 $3,150.00 $14.750.00 $28,900.00 The Agreement also identifies in Exhibit "A" of the Agreement the capital costs of the City requested upgrades less the originally proposed project cost totaling $540,900. The City has obtained Measure M funding in the amount of $250,000 from the Growth Management Area No. 11 element, and $178,448 from the Master Plan of Arterial Highways element of the Measure M program. The City also has on deposit, fees as contribution to this project from the Lusk C and D project. GMA No. 11 (Measure M) MPAH (Measure M) Lusk C&D (Acct. No. 19-2326) Subtotal Agreement Exhibit "A" $250,000.00 $178,448.00 $112.452.00 $540,900.00 The City's commitment will be paid as six equal payments of $95,000 as shown in Exhibit "C" of the Agreement. • AGENDAITEM April 7, 1998 Page 3 NOTIFICATION Caltrans, Saied Hashemi ALTERNATE ACTIONS 1. By motion, approve the Cooperative Agreement with the Department of Transportation for the Widening of Ortega Highway from I-5 Northbound Ramps to Rancho Viejo Road. 2. Do not approve Agreement. 3. Refer to Staff for additional information. By Motion, approve the Cooperative Agreement with the Department of Transportation for the widening of Ortega Highway from I-5 northbound ramps to Rancho Viejo Road. Authorize the Mayor and City Clerk to execute the Cooperative Agreement on behalf of the City. Respectfully submitted, Ae William M. Huber, P.E. Director, Engineering and Building WMH/BP:ssg attachments: 1. 2. a: \agendasutldi5ort. by Resolution No. 97-5-20-1 Proposed Cooperative Agreement Pr aced by: 4 Brian Perry, P.E. Project Manager RESOLUTION NO. 97-5-20-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVING INTER -JURISDICTIONAL PROJECT REVIEW 93-4, ORTEGA HIGHWAY (ROUTE 74) WIDENING PROJECT, I-5 NORTHBOUND RAMPS TO RANCHO VIEJO ROAD WHEREAS, the California Department of Transportation (Caltrans) has prepared preliminary engineering design plans and landscape plans for the widening of Ortega Highway (Route 74) between the Interstate -5 northbound ramps and Rancho Viejo Road; and, WHEREAS, the proposed project has been processed pursuant to Section 9- 2.301, Development Review of the Municipal Code; and, WHEREAS, Caltrans has reviewed the project pursuant to Section 15061 of the California Environmental Quality Act and appropriate, applicable sections of the National Environmental Policy Act and has issued a categorical exclusion, and has otherwise complied with all applicable provisions of the California Environmental Quality Act and the National Environmental Policy Act; and, WHEREAS, the Cultural Heritage Commission conducted a duly -noticed public meeting on January 28, 1997, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and has recommended conditional approval; and, WHEREAS, the Transportation Commission conducted a duly -noticed public meeting on February 14, 1997, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and has recommended conditional approval; and, WHEREAS, the Planning Commission conducted a duly -noticed public hearing on April 8, 1997, pursuant to Section 9-2.313 of the Municipal Code to consider public testimony on the proposed project and recommended conditional approval, and all recommended conditions have been included herein. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby make the following fmdings: -I- • 9 1. The proposed project is consistent with the policies and objectives of the San Juan Capistrano General Plan, specifically, the Circulation Element, because it would result in implementation of a planned road connection; and, 2. The proposed project complies with all applicable provisions of the Land Use Code subject to the mitigation measures and conditions of approval contained in this resolution. BE IT FURTHER RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the preliminary engineering design plans and landscape plans for the widening of Ortega Highway (Route 74) between the Interstate -5 northbound ramps and Rancho Viejo Road subject to the following conditions of approval: 1. Caltrans will design preliminary and final construction drawings to be substantially consistent with the submitted public improvement concept plan and landscape concept plan. 2. Caltrans will assure that the container size of tree species shall be minimum 36 -inch -box specimens consistent with the Street Tree Master Plan. 3. Caltrans will make provisions for interim landscape maintenance for a least one year to assure that any landscaping which fails to survive transplantation is replaced by the original contract landscaper and at no cost to the City. 4. Caltrans will establish a construction phasing plan/program in consultation with the City Engineer which minimizes short-term traffic impacts to Ortega Highway and resulting peak hour congestion. 5. Caltrans will retain continuous Mission Cemetery access during the construction phase of the project. 6. The return at the east end of the proposed retaining wall will include a radius of sufficient size to create a smooth transition to grade comparable to the west end of the wall. 7. The concrete retaining wall and barrier will be earthtone color subject to approval by the Planning Director. 8. City staff will pursue the potential for under -grounding existing utilities subject to the availability of City, Caltrans, and public utility funding. -2- 9. The number of traffic control signs along Ortega Highway within the project area will be the minimum necessary to meet Caltrans standards. Where possible, signs will be co -located on the same sign pest/standard. 10. The design of the proposed barrier (at the top of the retaining wall) facing Ortega Highway will include relief which conveys the visual impression of a 'bap" which is more massive than the wall. This may be achieved by having the top position (e.g., top twelve inches) of the barrier wall extend about two inches beyond the plane of the barrier face. PASSED, APPROVED, AND ADOPTED this 20th day of May 1997. ATTEST: MA _ «L� ✓✓r.�i „1 / —, DVID M. SWERTJ[IN, MAYO -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 97-5-20-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 20th day of May 1997, by the following vote: AYES: Council Members Jones, Greiner, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: Council Member Hart (SEAL) CfffRY11JOWOON, OITY CLERK -4- 0 • MEMORANDUM April 6, 1998 TO: George Scarborough, City Manager FROM: William M. Huber, Director, Engineering and ICU I g" SUBJECT: City Council Meeting, April 7, 1998, Agenda Item D8 -Consideration of Cooperative Agreement - Ortega Highway Widening, I-5 Northbound Ramps to Rancho Viejo Road (Department of Transportation) Caltrans has requested that the above subject Agreement be withdrawn from the April 7, 1998 Agenda, due to changes proposed by Caltrans. The Item will be rescheduled once the changes have been received and reviewed. WMH/BP asg i. cc: Cheryl Johnson Tony Ensinares, Caltrans (via Fax) brian\4-6co-op.bp gldo' le� u FOR CVTY COLI,"M1 AC="" T F 41 -?w