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1993-0713_ORANGE , COUNTY OF_Agreement Amd No. 2• 0 AMENDMENT NO. 2 TO AGREEMENT NO. DBO-043 THIS AMENDMENT, made and entered into this. 134A day of l/ 1993 is BY AND BETWEEN AND THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation hereinafter designated as "CITY" The COUNTY OF ORANGE, a political subdivision of the State of California hereinafter designated as "COUNTY" W I T N E S S E T H: WHEREAS, CITY and COUNTY previously entered into Agreement No. D80-043 dated July 22, 1980 which provides for the design of a four -lane bridge over San Juan Creek on Camino Capistrano, hereinafter designated as PROJECT; and WHEREAS, CITY and COUNTY previously entered into Amendment No. 1 to Agreement No. D80-043 dated September 28, 1982 which set the COUNTY's share of PROJECT's preliminary engineering cost through Major Bridge Program funds to eight -six percent (86%) and CITY's share to the remaining fourteen percent (14Y.); and WHEREAS, COUNTY has made progress payments of $110,000 to CITY for said preliminary engineering cost; and WHEREAS, CITY has since received Federal Aid Urban (FAU) funds of $140,538 for said preliminary engineering cost; and WHEREAS, PROJECT was completed in June 1987; and WHEREAS, final costs for said preliminary engineering have been determined; and - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1982, 41 ,'AMENDMENT NO. 1 TO AGREEMENT NO. DBO-043 THIS AGREEMENT, made and entered into this ;� 9 -ti day of BY AND BETWEEN AND The CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter designated as "CITY," The COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." W I T N E S S E T H WHEREAS, COUNTY and CITY entered into Agreement No. D80-043, on July 22, 1960 for the design of a four -lane bridge over San Juan Creek on Camino Capistrano, hereinafter referred to as PROJECT; and WHEREAS, COUNTY design funding was to be used as the fourteen percent (14%) local funding required to match Federal Aid Urban (FAU) eighty six percent (867) funds for PROJECT; and WHEREAS, the Environmental Protection Agency has imposed sanctions on the State of California which preclude the expenditure of FAU funds on PROJECT's desi,;n; and WhERF,AS, CITY has requested COUNTY to increase its share of PROJECTS's preliminary engineering cost through Major Bridge Program to eighty-six percent (86%) and CITY will provide the remaining fourteen percent (14%); and WHEREAS, COUNTY has allocated funds in its Fiscal Year 1982-83 Major Bridge Program for this purpose. NOW, THEREFORE, IT IS AGREED that the terms of Agreement No. DBO-043 between COUNTY and CITY are amended as follows: I.C. shall be added and read: Be responsible for fourteen percent (14%) of PROJECT's preliminary engineering cost. Said CITY's share is estimated to be Seventeen Thousand Five Hundred and 0011UU Dollars ($17,500.00) of the total estimated cost of j -1- r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 One Hundred Twenty -Five Thousand and 00/100 Dollars ($12`,000.00). II.B. shall read: Upon request by CITY make monthly progress payments to CITY based on actual preliminary engineering costs. III shall read: COUNTY's share of PROJECT's preliminary engineering cost is eighty-six percent (867,) of the total preliminary engineering costs. IV shall read: COUNTY shall make monthly progress payments to CITY for COUNTY's eighty-six percent (86%) share of PROJECT's preliminary engineering cost. Said COUNTY's share is estimated to be One Hundred Seven Thousand Five Hundred and 00/100 Dollars ($107,500.00) of the total estimated cost of One Hundred Twenty -Five Thousand and 00/100 Dollars ($125,000.00). In no event shall the Final engineering cost to COUNTY exceed One Hundred Ten Thousand and 00/100 Dollars ($110,000.00) unless approved by COUNTY. Except as expressly amended herein, the remainiig provisions of Agreement No. D80-043, as amended, shall remain in full force and e'-fect. -2- 2 3 4 i 5�� 6 7 81 9 10' 11 12 13 14 15 16 jl 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. Dated &'::� st /? , 19Ay ATTEST: CITY OF SAN JUAN CAPISTRANO, a municipal corporation By lkXI�ENCE F. BUC HE , MAYOR By: City Clerk APPROVED AS TO FORM COUNTY OF ORANGE, a political subdivision of the State of California By — az� T Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD 74;-_ JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel 0 OUNTY, CALIFORNIA Deputy '� L Date YI:gv237(19) \� Z -3- Agreement No. D80-043 A G R E E M E N T ncz THIS AGREEMENT, made and entered into this day of 1980, AND The CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter designated as "CITY," The COUNTY OF ORANGE, a political subdivi- sion of the State of California, hereinafter designated as "COUNTY." W I T N E S S E T H WHEREAS, the existing two-lane bridge on Camino Capistrano across San Juan Creek (Facility L01) is not adequate for existing traffic; and WHEREAS, traffic conditions warrant the reconstruction of said bridge to provide a minimum four -lane facility; hereinafter referred to as "PROJECT"; and WHEREAS, at CITY request, funding for preliminary engineering for PROJECT have been included in the Orange County Federal Aid Urban (FAU) Program; and WHEREAS, COUNTY has allocated funds from its Major Bridge Program to match said FAU funds; and WHEREAS, CITY and COUNTY wish to specify their respective responsibilities for performance of preliminary engineering for PROJECT. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I. CITY shall: A. Be and is hereby designated as Lead Agency for preliminary engineering of the PROJECT and shall prepare and process all necessary environmental documents required by the National Environmental Policy Act (NEPA) of 1969 as amended. -1- • B. Be and is hereby designated as Project Engineer for the parties to do and perform all things necessary in order to design PROJECT. II. COUNTY shall: A. Review design plans for approval by the Assistant Director/ Development or his designee. B. Pay to CITY the local match share of PROJECT preliminary engineer- ing cost as defined by Section III with payment being made in the manner described in Sections IV and V. III. COUNTY's share of the cost of the PROJECT is the amount required to match FAU funding for the preliminary engineering of PROJECT based upon the current 86% federal/14% local funding ratios for FAD projects. IV. COUNTY shall deposit with CITY the estimated local match share of PROJECT preliminary engineering cost. Said estimated preliminary engineering cost is Thirty -Five Thousand and 00/100 ($35,000.00) Dollars. Said deposit shall not be made until COUNTY has received notification by CITY that Department of Transporta- tion, State of California, has authorized Preliminary Engineering for the PROJECT. In no event shall the final preliminary engineering cost to COUNTY exceed Thirty -Five Thousand and 00/100 ($35,000.00) Dollars unless approved by COUNTY. V. A. If the final accounting shows the total authorized cost to COUNTY to be greater than the deposit, COUNTY shall promptly reimburse CITY for the dif- ference between the deposit and the total authorized cost to COUNTY, subject to the provisions of Section IV. B. If the final accounting shows the total cost to COUNTY to be less than the deposit, CITY shall promptly reimburse COUNTY for the difference between the deposit and the total cost to COUNTY. VI. It is mutually understood by the parties hereto that: A. That neither COUNTY nor any officer or employee thereof shall 9 be 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 also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), 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. B. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. III -I- IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Orders of the City Council and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF SAN JUAN CAPISTRANO, a municipal corporation / Dated June 18 ATTEST: BY: City Clerk 19 80 By A Y L. USDORFER, MAYOR PROVED AS TO FORM I22 City C k of the Council ity Attorney SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. JUNE A.LEXAN ER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA ) Deputy err nM12 • 9 1717 COUNTY OF ORANGE a political subdivision of the State of ifornia By Chairman of the Board of Supervisors to 0 BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES July 13, 1993 AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. D80-043 WITH THE CITY OF SAN JUAN CAPISTRANO FOR CAMINO CAPISTRANO BRIDGE: Environmental Management Agency requests approval of an amendment to an agreement to reduce the County's design obligation on the Camino Capistrano Bridge project. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Stanton, the Board authorized execution of Amendment No. 2 to Agreement No. D80-043 with the City of San Juan Capistrano. MOTION UNANIMOUSLY CARRIED. J June 4, 1993 �►`�MM • IMCI I.omu ' am111.0 1961 1776 MM Mr. Roger A. Hohnbaum, Manager Road Programs Orange County Environmental Management Agency P. O. Box 4048 Santa Ana, California 92702-4048 Re: Dear Mr. Hohnbaum: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GILJONES CAROLYN NASH JEFFVASOUEZ CITY MANAGER GEORGESCARSOROUG� At their regular meeting held June 1, 1993, the City Council of the City of San Juan Capistrano approved Amendment No. 2 to Cooperative Agreement No. D80-043 for the Camino Capistrano Bridge project. Three copies of the Agreement signed by the City are enclosed. Please return one fully -executed copy to the City Clerk's office for the City's official records. The Minutes of the meeting of June 1, 1993, will not be approved by the City Council until July 7. Following that meeting, a certified copy of the action approving this agreement will be forwarded to you. Very truly yours, Cheryl City Clerk Enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493.1171 0 0 b. Regular Meeting of May 4. 1993 - The Minutes of the Regular Meeting of May 4, 1993, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES a. Adiourned Regrular Meeting of May 4. 1993 - The Minutes of the Adjourned Regular Meeting of May 4, 1993, were approved as submitted. b. Regular Meeting of May 4. 1993 - The Minutes of the Regular Meeting of May 4, 1993, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF APRIL 30 AND MAY 21. 1993 (300.30) The List of Demands dated April 30, 1993, in the total amount of $1,538,394.21, and the List of Demands dated May 21, 1993, in the total amount of $2,392,410.43 were received and filed. 4. AMENDMENT NO, 2 TO COOPERATIVE AGREEMENT DW -043 (DESIG - CAMINO 0APTCTD AMn ADTT%\_WUnnV'MIMl_ A T CA M TTT Awl/D=VW /nniTMr nv nD AM!_V% As set forth in the Report dated June 1, 1993, from the Director of Engineering -and Building, Amendment No. 2 to Cooperative Agreement D80-043 (Design) with the County of Orange was approved for the widening of the Camino Capistrano Bridge at San Juan Creek. The Mayor was authorized to execute the Agreement on behalf of the City. 5. RESOLUTION OF FINDINGS FOR APPROVAL OF APPEAL. CONDITIONAL USE PERMIT 92-01 (RECREATIONAL VEHICLE STORAGE FACILITY/FORSTER FAMILY TRUS 460.70) As set forth in the Report dated June 1, 1993, from the Planning Director, the following Resolution was adopted setting forth the City Council's May 18, 1993 findings, which upheld the appeal and denied a Conditional Use Permit for a recreational storage facility located at 25232 Camino Del Avion: RESOLUTION NO, 93-6-1-1. UPHOLDING APPEAL OF PLANNING COMMISSIONAPPROVAL-FORSTER RECREATIONAL VEHICLESTORAGE FACILITY/CONDITIONAL USE PERMIT 92-1 (FORSTER FAMILY TRUST/CULBERTSON) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFSANJUAN CAPISTRANO, CALIFORNIA, UPHOLDING THEAPPEAL AND REVERSING THE DECISION OF THE PLANNING COMMISSION ACTION OFMARCH 23, I993, APPROVING CONDITIONAL USE PERMIT 92-1 FOR A RECREATIONAL VEHICLE STORAGE FACILITY FOR ASSESSOR'S PARCEL 121-090.50, LOCATED AT 25232 CAMINO DEL AVION (FORSTER FAMILY TRUST/CULBERTSON) As set forth in the Report dated June 1, 1993, from the City Manager, the following Resolution was adopted approving the termination of the Disposition and Development Agreement with Oliver City Council Minutes -2- 6/1/93 9 0 AGENDA ITEM June 1, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering do Building SUBJECT: Camino Capistrano Bridge Widening at San Juan Creek - Amendment No. 2 to Cooperative Agreement D80-043 (Design) (County of Orange) RECOMMENDATION By motion, approve Amendment No. 2 to Cooperative Agreement D80-043 (Design) with the County of Orange and authorize the Mayor to execute it. SITUATION A. Summary and Recommendation The final design and construction cost accounting for the bridge widening has been concluded with Staff's concurrence. The amount of funds the City could expect to receive from the County is $120,253. On March 16, 1993, the City Council approved the Amendment to the Cooperative Agreement for construction. An Amendment to the Cooperative Agreement for design must also be approved. Disbursement to the City is contingent upon the County Board of Supervisors approving the Final Report for the project. In order to effect the process to disburse funds to the City, Staff recommends that Amendment No. 2 to the Cooperative Agreement D80-043 (Design) be approved and authorized to be executed by the Mayor in triplicate with the date on the front page to be determined by the County Clerk of the Board of Supervisors. Background In June 1980, the City Council approved Cooperative Agreement D80-043 with the County of Orange to secure design funding from the County's Major Bridge Program. A similar agreement (D84-260) was also approved for the construction phase of the project. Another agreement was approved with Caltrans to secure FAU funding. The design phase was completed in August 1985 and the construction phase, which started in March 1986, was completed in June 1988. Final Reports were prepared and submitted to the County for review and approval. A final accounting of City, County and State billings and disbursements has been concluded, with Staff s concurrence, that yields a net $120,253 due to the City. Specifically, design phase accounting concluded that there is an $86,826.13 overrun. This overrun occurred due to changes in the funding mechanism for the design phase. The original funding mechanism in the agreement was 86% FAU and 14% County. However, California's FAU allotments were withheld due to an EPA - initiated embargo necessitating Amendment No. 1, which changed the funding mechanism to 86% County and 14% City. Amendment No. 1 was approved by the City Council in August 1982. FOR CRY COUNCIL AGEN / AGENDA ITEM • June 1, 1993 Page 2 U The embargo was ultimately lifted and the funding mechanism was agreed to revert to the original without benefit of Amendment No. 2, which deletes the provisions of Amendment No. 1. The disbursements to the City by the County exceeded the 14% and were covered by FAU funding. It was agreed, however, that the overruns to be returned would be handled during final accounting for the construction phase, which yielded $207,079.13 due the City. The disbursement to the City of the net $120,253 is contingent upon the County approving: 1) the Amendment to Cooperative Agreement D84-260 (construction), which was approved by the City Council on March 16, 1993 and 2) the Final Report for Cooperative Agreement D80-043 (design) and Amendment No. 2 thereto, which is recommended by Staff for approval. COMMISSION/BOARD REVIEW, RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Funds in the amount of $120,253 should be disbursed to the City provided that the County approves the Final Report and the Amendments to the Cooperative Agreements for design and construction. These funds were recognized as revenue in the FY 91-92 budget with final cost accounting being concluded by the County in late 1992. NOTIFICATION County of Orange, Roger A. Hohnbaum, Manager, Road Programs ALTERNATE ACTIONS 1. By motion, approve Amendment No. 2 to Cooperative Agreement D80-043 (design) with the County of Orange and authorize the Mayor to execute it. 2. Do not approve the Amendment nor authorize its execution. 3. Request additional information from Staff. R1nCOMMENDATION By motion, approve Amendment No. 2 to Cooperative Agreement D80-043 (design) with the County of Orange and authorize the Mayor to execute it. Respectfully submitted, William�H beer, P.E. G' WMH/TGS:ssg Attachments: Cooperative Agreement D80-043 Amendment No. 1 Amendment No. 2 2. AMENDMENT TO COOPERATIVE FUNDING AGREEMENT WITH ORANGE .COUNTY FOR PRELIMINARY ENGINEERING DESIGN OF CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK (38) Written Communications: Report dated August 17, 1982, from the Director of Public Works, forwarding an amendment to the agreement with the County of Orange for funding of the preliminary engineering design of the Camino Capistrano Bridge at San Juan Creek. The amendment increases the County's share of the design cost to 868 of the total; the City will provide the remaining 148. Design engineering is to be provided by Willdan Associates and is estimated to cost $125,000. The County will pay $107,500; the City will pay $17,500. Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to approve Amendment No. 1 to Cooperative Agreement No. D80-043, with the County of Orange, for cooperative funding of the design of the Camino Capistrano Bridge at San Juan Creek. The Mayor and City Clerk were authorized to execute the amendment on behalf of the City. B// V � �1- C • . MURRAY STORM DIRECTOR WILLIAM ANAGEN N TY O F PROGRAM MANAGER LOCATION: 400 CIV � DRIVE WEST SANTA ANA, CALIFORNIA 5 3 / RANGE MAILIPO BOO3048 SANTA ANA, CA 92702-4048 v ENVIRONMENTAL MANAGEMENT AGENCY TELEPHONE: TRANSPORTATION & FLOOD CONTROL PROGRAMS (714) 834-3467 FILE R09701 1 October 6, 1982 �:L, i Mr. W. D. Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 SUBJECT: Cooperative Agreement No. D80-043, Camino Capistrano Bridge at San Juan Creek Dear Mr. Murphy: Transmitted herewith is one (1) fully executed copy of the above referenced Cooperative Agreement between the City of San Juan Capistrano and the County of Orange. Also attached is one (1) copy of Board of Supervisors Minute Order authori- zing County's execution of the agreement. GWS:nk Attachment Very truly yours, W. L. Zaun, Program Manager BYZ/ .. 4 Y G. W. Schubert, Chief Cooperative Projects MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA September 28, 1982 IN RE: AMENDMENT TO AGREEMENT CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Riley, duly seconded and carried, Amendment No. 1 to Agreement No. D80-043, dated September 28, 1982, for preliminary design of the Camino Capistrano bridge, between the County of Orange and the City of San Juan Capistrano, is approved by the following vote: AYES: SUPERVISORS THOMAS F. RILEY, ROGER R. STANTON AND BRUCE NESTANDE NOES: SUPERVISORS HARRIETT M. WIEDER AND RALPH B. CLARK ABSENT: SUPERVISORS NONE IN RE: CONTRACT AMENDMENT PUBLIC FACILITIES AND IMPROVEMENTS CITY OF PLACENTIA HOUSING AND COMMUNITY DEVELOPMENT On motion of Supervisor Wieder, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the Housing and Community Development Contract No. C26625, dated September 28, 1982, between the County of Orange and the City of Placentia, for the cancellation of the alley project and substitution of another public faciltiies and improvements project in its place. n F1013-2.3 (12176) 32000 PA580 AOBLANT0 SAN JN CAPISTRANO. CALLFORN11 92675 t pNONE 99JJ'Y� t August 20, 1982 K. R. Smith, Manager Programs Division County of Orange P.O. Box 4048 Santa Ana, California 92702 Re: Amendment to Cooperative Funding Agreement Dear K. R. Smith: Enclosed are the original and three copies of Amendment No. 1 to Cooperative Funding Agreement No. D80-043 for cooperative funding of design of the Camino Capistrano Bridge, which was approved by the City Council at their meeting of August 17, 1982. Upon approval by the Board of Supervisors, please return one fully -executed copy of the Agreement to this office. Thank you for your cooperation. Very truly yours, L MARY ANN OVER, ACMC City Clerk MAH/na Enclosures cc: Director of Public Works r 0 0 AGENDA ITEM August 17, 1982 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Amendment to Cooperative Funding Agreement With County of Orange for Preliminary Engineering Design of Camino Capistrano Bridge at San Juan Creek SITUATION Staff is requesting approval of Amendment No. 1 to Cooperative Agreement No. D80-043 with the County of Orange for funding of the preliminary engineering design of the Camino Capistrano Bridge. This amendment provides for an increase in the County's share of the bridge design from 14% to 86% of the total preliminary engineering costs, with the City providing the remaining 14%. Willdan and Associates is currently under contract to the City to perform this design. A copy of Amendment No. 1 to Agreement No. D80-043 is enclosed for review. FINANCIAL CONSIDERATIONS The preliminary engineering design costs by Willdan Associates are expected to be $125,000.00. The County of Orange will now fund $107,500.00 of those costs with the City's share being $17,500.00. ALTERNATE ACTIONS 1. Approve the Amendment. 2. Do not approve the amendment. 3. Modify the amendment. RECOMMENDATION By motion, approve Amendment No. 1 to Cooperative Agreement No. D80-043 with the County of Orange for cooperative funding of design of the Camino Capistrano Bridge and direct the Mayor and the City Clerk to execute the amendment on behalf of the City. Respectfully submitted, W. n. a r� W. D. Mur by WDM:DRK/nep Attach. a 0 MURRAVSTORM DIRECTOR WILLIAM L. ZAUN Y O F RECEIVED PROGRAM MANAGER RECEIVED LOCATION: AE 400 CDRIVE WEST SANTA /� G9 SAN TANNERNA, CALIFORNIA N Ca E MAILING ADDRESS: II -TY �,irn P.O. BOX 4048 SANTA ANA, CA 92702-4048 ENVIRONMENTAL MANAGEMEN f AUNOW N' TELEPHONE: TRANSPORTATION & FLOOD CONTROO PROGOAMP, - ' (714) 8343467 FILE R09701 August 6, 1982 Mr. W. D. Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 SUBJECT: Agreement No. D80-043, Camino Capistrano Bridge at San Juan Creek Dear Mr. Murphy: Attached are the original and three (3) copies of Amendment No. 1 to Cooperative Agreement No. D80-043. This amendment provides for the increase of the County's share of the Camino Capistrano bridge design to 86% of the total preliminary engineering costs with the City providing the remaining 14%. If the amendment meets with your approval, please have it executed on behalf of your city and return the original and two copies to this office for County's execution, together with a certified copy of the City Council Minutes. A fully executed copy of the agreement amendment will be returned to you upon completion. If you have any questions concerning the above, please contact Gerald Schubert, Chief, Cooperative Projects, at 834-3561. Very truly yours, K. R. Smith, Manager Programs Division GWS:nk Attachment OUN'TY OF RANGE I1 ONMENTAL MANAGEMENT AGENCY r ORANGE COUNTY FLOOD CONTROL DISTRICT AUG. ORANGE COUNTY ROADS 1�ECE!•vEC 51 PR too ROAD & FLOOD CONTROL PROGRA"T'{ 03F WILLIAM L. ZAUN, MANAGER 400 CIVIC CENTER DR. SANTA P.O. BOX 40 R ii 9270 EST �' J {.�f y .rd ` (714) 834-3467 F 1 I !"� August 5, 1980 Mr. W. D. Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 H.G. OSBORNE 6 DIRECTOR C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT FILE D80-043 SUBJECT: Agreement No. D80-043, Camino Capistrano Bridge at San Juan Creek Dear Mr. Murphy: The Board of Supervisors, by attached Minute Order of July 22, 1980, executed subject agreement. The City's fully executed copy is transmitted herewith. Questions on this matter may be directed to Dorothy Weisz of this office at (714) 8:s4-4773. Very truly yours, 4�u� 9"C.- U) . W. L. Zaun, Manager DMW:hg Attachment 1 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA July 22, 1980 IN RE: PROPOSED HEARING PROPOSED ANNEXATION NO. 87 COUNTY "TRIANGLE" CITY OF NEWPORT BEACH On motion of Supervisor Riley, duly seconded and unanimously carried, action is deferred on Proposed Annexation No. 87, County "Triangle", to the City of Newport Beach until Supervisor Riley makes further recommendation following actions of the City of Newport Beach. IN RE: AGREEMENT CAMINO CAPISTRANO BRIDGE AT SAN JUAN CREEK CITY OF SAN JUAN CAPISTRANO On motion of Supervisor Anthony, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, a is authorized to execute Agreement No. D80-043 dated J�ully,, 22, 1980, between the County of Orange and the City of.��m—h,?to reconstruct and widen the Camino Capistrano bridge at San Juan Creek. 1 IN RE: RENEWAL AGREEMENT PROSECUTION SERVICES CITY OF SAN CLEMENTE On motion of Supervisor Anthony, duly seconded and unanimously carried, the Clerk of the Board, on behalf of the Board of Supervisors, is authorized to execute the agreement, dated July 22, 1980, between the County of Orange and the City of San Clemente, for Prosecution Services. RECEIVED JUL 2 9 1980 E M. A. db F1013-2.3 (12/76) 0 0 BIDS, CONTRACTS, AGREEMENTS 1. AGREEMENT }'Olt PRET.IHINARY ENGINEERINC - CAMINO CAPISTRANO BHIIJi ,E A;fl) J.W JUAN CIU(I:ri ROAD (CUUNTY OP ORANGE)----- �— ./(36) Written Communication::: (56) Report ua„.I-June 18, 1980, from the Director of Public (74) Works forwarding an agreement with the County of Orange providing for cooperative funding the reconstruction of the Camino Capistrano Biid,je acruss San Juan Creek. The County's obligation of 148 is estimated at $35,000; the City's share is $60,000. A roval of Agreement: It was moved o was oved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the agreement with the County of Orange for cooperative funding of the preliminary engineering of the Camino Capistrano Bridge across San Juan Creek. The Mayor and City Clerk were authorized to execute the agre,mvitt on behalf of the City. /i% I 32400 PAS,F.O AOELANTO SAN JUAN CAPISTRANO. CALIFORNIA 92675 PHONE 493.1171 June 26, 1980 Mrs. June Alexander Clerk of the Board of Supervisors County of Orange P. O. Box 687 Santa Ana, California 92702 Re: Agreement No. D80-043, Camino Capistrano Bridge at San Juan Creek Dear June: Enclosed are the original and three copies of the cooperative funding agreement between the City and the County of Orange for the reconstruction of the Camino Capistrano Bridge across San Juan Creek. The Agreement was approved by the City Council on June 18th, and the copies have been executed by the City. Also enclosed is a certified copy of the City Council Minutes regarding that item. Upon completion of the Agreement by the County, we would appreciate the return of one fully -executed copy for our files. Thank you for your cooperation. Very truly yours, (MRS) 14ARY ANN HANOVER, CMC City Clerk MAH/ci Enclosures cc: William L. Zaun Director of Public Works 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 June 18, 1980. The following named members were present: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman James F. Thorpe, Councilman "BIDS, CONTRACTS, AGREEMENTS L. AGREEMENT FOR PRELIMINARY ENGINEERING - CAMINO CAPISTRANO BRIDGE AND SAN JUAN CREEK ROAD (COUNTY OF ORANGE) (38) Written Communications: (56) Report dated June 18, 1980, from the Director of Public Works (74) forwarding an agreement with the County of Orange providing for cooperative funding for the reconstruction of the Camino Capistrano Bridge across San Juan Creek. The County's oblitation of 148 is estimated at $35,000; the City's share is $60,000. Approval of Agreement: It was moved by Councilman Thorpe, seconded by Councilman Buchheim and unanimously carried to approve the agreement with the County of Orange for cooperative funding of the preliminary engineering of the Camino Capistrano Bridge across San Juan Creek. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City." State of California County of Orange 1 ss. City of San Juan Capistrano ) I, MARY ANN HANOVER, City Clerk and es -officio Clerk of the City Council of the City of San Juan Capistrano, California, hereby certify the foregoing to be a full, we and correct copy of the minute entry on record in this office. IN WUNF_SS WHEREOF, 1 have hereunto set my hand and seal this day of June, 1960 City Clerk an4-es-offklo Clerk of the City Council, San Juan Capistrano, California 27th (SEAL) AGENDA ITEM June 18, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement for Preliminary Engineering - Camino Capistrano Bridge at San Juan Creek Road (County of Orange) SITUATION Staff is requesting approval of an agreement with the County of Orange for cooperative funding of design for the Camino Capistrano Bridge. The bridge is currently under design by Willdan Associates. A copy of the proposed agreement is enclosed for review. FINANCIAL CONSIDERATIONS The contract with Willdan Associates calls for compensation in the amount of $95,000.00. The County of Orange funding is to be $35,000.00 leaving a balance of $60,000.00. A portion of the pro- ject is to evaluate and seek other sources of funding, so the City fiscal commitment may be reduced. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3. Modify the agreement. RECOMMENDATION By motion, approve the agreement with the County of Orange for cooperative funding of design of the Camino Capistrano Bridge. Respectfully submitted, L04, i� . �Q W. D. Murph WDM:GML/pjs Enclosure FOR CITY COUNCIL AGENDA a-cp U M-r'lr C>F 40RANGE ENVI ONMENTAL MANAGEMENT AGENCY ORANGE COUNTY FLOOD CONTROL DISTRICT ORANGE COUNTY ROADS • h/ H.G. OSBORNE DIRECTOR RECEIVED C.R. NELSON ASSISTANT DIRECTOR S4 PM DEVELOPMENT JW I ROAD & FLOOD CONTROL PROGRAMS CITY 4F WILLIAM L. ZAUN, MANAGER SAN !UAfr 400 CIVIC CENTER DR. WEST •ILE D80-043 P.O. BOX 4048 CAPiS Tf�A k,C MS9.00 SANTA ANA, CA. 92701 (714(834-3467 May 29, 1980 Mr. W. D. Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 SUBJECT: Agreement No. D80-043, Camino Capistrano Bridge at San Juan Creek Dear Mr. Murphy: Transmitted herewith are the original and two copies of subject agreement between the County of Orange and the City of San Juan Capistrano, providing for the reconstruction of Camino Capistrano Bridge across San Juan Creek. If the agreement meets with City Council's approval, please have all three copies executed on behalf of the city and return all three copies to this office for County's execution, together with a certified copy of the City Council Minutes. A fully executed copy of the agreement will be returned to you upon completion. It should be noted this agreement covers the project preliminary engineering only. County's obligation is the 14% local funding which is estimated to be $35,000.00. This amount is also the maximum County will contribute without additional approval. Questions on this matter may be directed to Dorothy Weisz of this office at 714-834-4773. Very truly yo s, A W. L. Za , Manage] DMW:sag Attachments