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1993-0713_ORANGE , COUNTY OF_Agreement Amd No. 1r THIS AMENDMENT NO. 1 TOO AGR o. D84-260, made and entered into this �3�(� day of S 1993 BY AND BETWEEN: THE CITY OF SAN JUAN CAPISTRANO, a municipal corporation, hereinafter referred to as CITY, AND THE COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as COUNTY. WITNESSETH: WHEREAS, CITY proposed to reconstruct the two-lane Camino Capistrano Bridge at San Juan Creek to provide a four lane facility, hereinafter referred to as PROJECT; and WHEREAS, PROJECT lies entirely within CITY limits; and WHEREAS, Camino Capistrano is a primary arterial highway on CITY's and COUNTY's Master Plan of Arterial Highways; and WHEREAS, CITY had requested COUNTY funding via the Major Bridge Program for PROJECT design, construction, and inspection, and COUNTY concurred with CITY's request; and WHEREAS, Cooperative Agreement No. D80-043, as amended, defines the areas of responsibility for the design of PROJECT; and WHEREAS, CITY obtained Federal Aid Urban (FAU) funding for design and construction of PROJECT; and WHEREAS, COUNTY had budgeted $280,000 for construction of PROJECT in the 1983-84 Major Bridge Program to provide for local agency share of bridge construction costs; and WHEREAS, Resolution No. 86-542 added $115,000 to the existing allocation for a total of $395,000; and WHEREAS, the final cost to COUNTY is $473,079.13; and WHEREAS, COUNTY and CITY must amend Agreement No D84-260 to cover the additional costs. NOW THEREFORE, IT IS AGREED TO AMEND AGREEMENT NO. 084-260 SECTION II.E TO READ AS FOLLOWS: -1- k "Be responsible for the (13.88%) FAU local agency share of PROJECT construction cost for bridge removal and reconstruction (exclusive of approaches) and related improvements to San Juan Creek, plus a proportionate share of construction engineering, inspection and testing costs based on the ratio of COUNTY's construction costs to the total contract construction costs. In no event shall the the final cost to COUNTY exceed Four Hundred Seventy -Three Thousand Seventy Nine Dollars and Thirteen Cents ($473,079.13)" All other provisions of Agreement No. D84-260 shall remain in full forceand effect. -2- 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 on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. Dated: March 16, 1993 , 19 ATTEST; Dated: 3UL 13 1993 , 19 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. li �V Gtcd�Gtto-.J Phyllis A. Henderson jUL 13 Cler of the Board of Supervisors of Orange County, California CITY OF SAN JUAN CAPISTRANO, a municipal corporation] By Mayo APPROVED AS TO FORM h city t1rorney COUNTY OF ORANGE, a political subdivision of the State of California By Chairman, 8oard of Supervisors APPROVED AS TO FORM TERRY ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 1993 Deputy Date —&� -3- ( ' " i 2-C�Gv I�Cr- y er Dated: 3UL 13 1993 , 19 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. li �V Gtcd�Gtto-.J Phyllis A. Henderson jUL 13 Cler of the Board of Supervisors of Orange County, California CITY OF SAN JUAN CAPISTRANO, a municipal corporation] By Mayo APPROVED AS TO FORM h city t1rorney COUNTY OF ORANGE, a political subdivision of the State of California By Chairman, 8oard of Supervisors APPROVED AS TO FORM TERRY ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA 1993 Deputy Date —&� -3- Agreement No. D84-260 y A G R E E M E N T l 'CHIS ACRFBMFNT, made and entered into this --._- �O rh day of 2 3i 198�Y SY AND BETWEEN iJ The CITY OF SAN JUAN CAPISTRANO, a municipal 5 corporation, hereinafter designated as "CITY," 6 III AND 7''1 The COUNTY OF ORANGE, a political subdivision of g j the State of California, hereinafter designated as "COUNTY." 9 ill WI T N E S S E T H 101' ---------- 11 �' VrHEREN9r CITY proposes to reconstruct the existing two-lane Camino Canistrano Bridge at San Juan Creek to provide a four -lane facility, hereinafter 12 referred to as PROJECT; and 13 WHEREAS, PROJECT lies entirely within the CITY limits; and 14 15 WHEREAS, Camino Capistrano is a Primary arterial highway on CITY's and COUNTY's Master Plan of Arterdal Highways; and 16 17 WHEREAS, CITY has requested COUNTY fundinq via the Major Bridge Program for 18i PRO.T.RCT design, construction, and inspection, and COUNTY concurs with CITY's request; and 19 j HEREAS, Cooperative Agreement No. D80-043, as amended, defines the areas of 20 i+ resnonsihility for the design of PROJECT; and 21 :1 22'i WHEREAS, CITY has obtained a commitment of Federal Aid Urban (FAU) funding 23 for the construction of PROJECT; and 24 1 WHERGASr COUNTY has budgeted $280,000 for construction of PROJECT in the 25 1983-84 Maior Bridge Program to provide for the local agency share of the bridge � 2611 construction cost; and WHEREAS, CITY as Lead Agency for PROJECT prepared and processed an 27 281 Environmental Assessment for PROJECT as required by the Federal Highway Administration -1- i' Agreement No. D84-260 I. i� 1 (FHWA); and 2 WHEREAS, the FHWA approved a Findinq of No Significant Impact (FONSI) for 3 said PROJECT, dated March 12, 1984; and 4 WHEREAS, COUNTY and CITY wish to define areas of responsibility for the 5 construction and inspection of PROJECT. 6 NOTA THEREFORE, IT IS AGREED by the parties hereto as follows: 7 I. CITY shall: i 8 A. Be and is hereby designated as Project Engineer, Contracting and 9 Construction Agent for the parties to do and perform all things necessary in order to 10 construct PROJECT in accordance with the approved plans and specifications as approved 11 by COUNTY, and to execute and deliver all documents required in connection with the 12 construction and completion of PROJECT, including Certificate of Cost and 13 Certification of Completion of PROJECT. 14, B. Be responsible for obtaining all necessary permits and approvals for 15 PROJECT from the Regional Water Quality Control Board, California Department of Fish 16 and Game, CalTrans and other agencies having authority over PROJECT site. 17 C. Upon approval of the plans, specification and estimate for PROJECT 18 by CalTrans and by County's Director of Public Works, Environmental Management Agency, 19i or his designee, hereinafter referred to as "DIRECTOR", promptly undertake andperform 20 all the work of advertising for bids and awarding the construction contract to the 21 I lowest responsible bidder complying with all applicable provisions of the law 22 governing such award. If the low bid is more than twenty percent (208) over 23 engineer's estimate, CITY shall obtain DIRECTOR's written concurrence for award of the 24 PROJECT construction contract. 25 D. Promptly notify DIRECTOR upon award of the PROTECT construction i 261' contract and furnish DIRRCTOR with a summary of the contract bids, a cost breakdown 27 for COUNTY's share of construction costs and a construction schedule, and shall keep 28111 DIRECTOR informed of any revisions in said schedule. -2- Agreement No. D84-260 it 1 F. NotifV DIRECTOR of the time and place of PROTECT preconstruction 2 meeting. 3 F. Utilize Orange County EMA .Materials Laboratory for quality control 4� of materials and testing for PROJECT, to the extent the lab's workload allows. 5 G. Furnish a Resident Engineer/inspector during construction who shall 6 be responsible for contract administration and securing completion of the work in 7',` conformance with the approved plans and specifications. 8'I 9. Prohibit any channel work, falsework or substructure construction in 9 San Juan Creek Channel between October 15 and April 15, except under conditions and a 10 timing schedule approved by DIRECTOR. 11 1. Obtain DIRECTOR's approval in writing of any change order on PROJECT 12 affecting the design of. PROJFCT's bridge or San Juan Creek improvements, prior to 13 authorizing the work. 14 J. Upon completion of construction, request in writing, from DIRECTOR, 15 approval of completed PROJECT. 16 R. Upon receipt in writing of approval and acceptance by DIRECTOR, file 17 a Notice of Completion and furnish COUNTY for file purposes, two copies of the Notice 18 of Completion and one set of mylar copies of the "As Built" construction drawings. 19j L. Be responsible for all PROJECT construction, inspection, testing and 20 administration costs except that portion for which COUNTY is responsible pursuant to 21 Paragraph II. E herein. 22 II. COUNTY shall: 231 A. Review for approval by DIRECTOR, the plans and specifications for 241 PROJECT. 25 B. At all times during the proqress of construction of PROTECT have 2611 access to the work thereon for the purpose of inspection and, should COUNTY deem any I 27I1I remedial measures to he necessary, COUNTY shall notify CITY thereof. i QS C. Be responsible for qualitv control of materials and testing for -3- 11 2 3 i PROJECT. 11 Agreement No. D84-260 D. Assign a qualified inspector whose function shall be to monitor PROJECT during construction for compliance with COUNTY requirements and to certify to DIRECTOR at the end of construction that the construction of said PROJECT has been accomplished in a good and workmanlike manner in accordance with the plans and specifications. E. Be responsible for the approximately fourteen percent (14%) FAU local agency share of PROJECT construction cost for bridge removal and reconstruction (exclusive of approaches) and related improvements to San Juan Creek, plus a proportionate share of the engineering, inspection and testing costs based on the ratio of COUNTY's construction costs to the total contract construction costs. In no event shall the final cost to COUNTY exceed Two Hundred Eighty Thousand Dollars ($280,000) without written approval of COUNTY. III. PAYMENTS AND FINAL ACCOUNTING: A. COUNTY will make progress payments to CITY not more often than monthly, based on COUNTY's share of actual payments made to the contractor during construction. Progress payments shall not exceed a total of ninety-five percent (95%) of COUNTY's share of PROJEr7 construction costs or Two Hundred Sixty-six Thousand Dollars ($266,000), whichever is less, pending approval of the Final Accounting Report for PROJECT. B. within one hundred twenty (120) days after the acceptance of the improvements under the contract by CITY, CITY shall submit.a.Final Accounting Report for PROJECT to COUNTY for review and approval by Director, Environmental Management Agency, or his designee, hereinafter referred to as "DIRECTOR EMA." C. CITY shall submit with the Final Accounting Report a certification signed by CITY's Director of Public Works or City Engineer and the Director of Finance that all expenditures applicable to PROJECT have been made and that all copies of invoices and warrants are on file with CITY. -4- M 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 Agreement No. D84-260 D. Upon approval by DIRECTOR F.MA of the Final Accounting Report, COUNTY shall immediately transfer to CITY or CITY shall transfer to COUNTY the necessary funds to balance PROJECT's expenditures, subject to the provision of. Paragraph II.E.. herein. IV. IT IS MUTUALLY UNDERSTOOD AND AGREED: A. If CITY fails to award the PROJECT construction contract by June 30, 1986, this agreement may he terminated by either party upon thirty (30) days written notice to the other party. D. Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this Contract involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final pavment under this Contract. C. In the event of disagreement between COUNTY and CITY regarding conformance of PROJECT with the plans and specifications for the San Juan Creek Channel improvements, the decision of COUNTY shall be final. D. Upon completion and acceptance by CITY of PROTECT improvements, CITY shall remain responsible for maintenance of PROJECT with the exception of San ,Tuan Creek Channel improvements and waterway. E. That neither COUNTY nor anv officer or employee thereof shall 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. -5- Agreement No. D84-260 F. That neither CITY nor anv 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 or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Agreement No. D84-260 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. Dated: January 22, 19 85 ATTEST- 19 I Dated: 20 21 Cvtk of the Council Mary Ann Hanover A U G 2 0 1985 CITY OF SAN JUAN CAPISTRANO, A municipal corporation Gary ausdorfer, May BY Mayor pro Phillip R, chwartze APPROVED AS TO FORM: City Attorney John Shaw COUNTY OF ORANGE, A political subdivision of the State of California 19 BY Chairman, Board of Supervisor 22 SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED ADRIAN KUYPER, COUNTY COUNSEL 23 TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA 24 25 26 LINDA D. ROBERTS Clerk of the Board of Supervisors 27, of Orange County, California VT BM:smsDT06-32 1/7/85 -7- Date CITY*ERK'S DEPARTMENT - ACTIO 'MINDER TO: W. D. Murphy, Director of Public Works or City Engineer FROM: City Clerk DATE: May 7, 1986 SITUATION: At their meeting of January 22, 1985, the City Council entered into County of Orange Cooperative Agreement No. D84-260 for the Camino Capistrano Bridge. The Agreement states that if the City fails to award the project construction contract by June 30, 1986, this agreement may be terminated. ACTION REQUESTED: Please advise of the status of the project, and whether or not any formal action needs to be taken at this time. ACTION TO BE TAKEN: NO �tireJ� IZIIQu..yt,/Sio ._ Go,UfiR.G-eF �iGtJ d.�'/'J DATE WHEN NEXT ACTION(S) SHOULD BE TAKEN: /-)/A SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date Deadline Date, File No. 406.594 cc: City Attorney Assistant City Manager S�'1 (594) ll�l`6b . ak'> c � ,4-)4-t> C.'ffr� L' L �v Camatit— u-<-- G^^ -A t°1 &"jS"e, Can b'fz . CA -Ir— 0 0 BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES July 13, 1993 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. D84-260 WITH THE CITY OF SAN JUAN CAPISTRANO FOR RECONSTRUCTION OF THE CAMINO CAPISTRANO BRIDGE: Environmental Management Agency requests approval of an amendment to an agreement which will increase the project allocation for reconstruction of the Camino Capistrano Bridge. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Stanton, the Board authorized execution of Amendment No. 1 to Cooperative Agreement No. D84-260 with the City of San Juan Capistrano. MOTION UNANIMOUSLY CARRIED. dman ` IA;IANIAIII I, WMI 1961 1776 March 18, 1993 Mr. Roger A. Hohnbaum, Manager County of Orange Environmental Management Agency, Road Programs P. O. Box 4048 Santa Ana, California 92702 Re: Amendment to Cooperative Amendment to Cooperative Agreement D84 -260D84-260 Dear Mr. Hohnbaum: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L nAUSOORFER GIL JONES CAROLY4 MASH JEFF VASQUEZ CITU MANAGER GEORGE SCARBOROUGH The City Council of the City of San Juan Capistrano at its regular meeting held March 16, 1993, approved the Agreement No. D84-260, dealing with funding of the Camino Capistrano Bridge Widening at San Juan Creek. Three copies of the Agreement are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. If we can be of further assistance, please call. &Vvertruly yours, C Cheryl Johnson City Clerk Enclosures cc: Director of Building and Engineering (with copy of Agreement) Theodore Simon (with copy of Agreement) 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493.1171 -�� 11. AMENDMENT TO COOPERATIVE AGREEMENT D84-260 _ C'AMINO CAPISTRANO BRIDGE WIDENING AT SAN JUAN CREEK FORANGE) As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the Amendment to Cooperative Agreement D84-260 with the County for the design and construction of the Camino Capistrano Bridge widening at San Juan Creek was approved to cover overruns from changes in the funding mechanism. The Mayor was authorized to execute the document on behalf of the City. 10MRSM 111 WDIN7650 • • • QI ' • 7t t As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the following Resolution was adopted applying for $69,784 in funding through the (Federal) Transportation Enhancement Activities Program for the landscaping of the parkway and slopes at the Stonehill Drive extension and the access road to the Lower Rosan Ranch property: RESOLUTION NO, 93-3-16.1. APPROVAL OF APPLICATION FOR TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM GRANT FUNDS - STONEHILL DRIVE LANDSCAPING PROJFc'I _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE STONEHILL DRIVE LANDSCAPING PROJECT 13. RESOLUTION ESTABLISHING "NO SKATEBOARDING" AT ORTEGA PROPERTIES. RANCHO VIEJO ROAD AND CALLE ARROYO (590.10) As set forth in the Report dated March 16, 1993, from the Director of Engineering and Building, the request for establishment of a "No Skateboarding" area at the Ortega Properties was approved and the following Resolution adopted: 3 .I4I1•YtiLORM�►Ck `A • • • • • • Y .•' 11. • • • • V• �__.. • • • TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA AT 31648, 31654, 31658, 31726, 31732, 31734, 31736, 31738, 31742 RANCHO VIEJO ROAD AND 27292, 27392, 27412, 27462, 27322, 27452, 27282, 27512, 27514, 27382, 27362, 27372, 27432, 27302, 27422, 27322, 27442, 27462, 27352, 27312, 27392, 27252 CALLE ARROYO PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE (ORTEGA PROPERTIES) 81:Q] F.1 gKo01tZ • •;�• t i The claim received by the City on February 22, 1993, from Vivi E. Gordon in the amount of 57,500 for personal injuries, was denied, as set forth in the Report dated March 16, 1993, from the City Attorney. City Council Minutes -3- 3/16/93 AGENDA ITEM March 16, 1993 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Camino Capistrano Bridge Widening at San Juan Creek - Amendment to Cooperative Agreement D84-260 (County of Orange) RECOMMENDATION By motion, approve the Amendment to Cooperative Agreement D84-260 (construction) 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 Camino Capistrano Bridge Widening at San Juan Creek has been concluded with staff's concurrence. The amount of funds the City could expect to receive from the County is $120,253. Disbursement to the City is contingent upon the County Board of Supervisors approving this Amendment and the Final Report for Cooperative Agreement D80- 043 (design). In order to effect the process to disburse funds to the City, staff recommends that the Amendment to Cooperative Agreement D84-260 (construction) 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. B. Background In August, 1985, the City Council approved Cooperative Agreement D84-260 with the County of Orange to secure constrution funding from the County's Major Bridge Program. A similar agreement (D80-43) was also approved for the design 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 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. The original funding mechanism was 86% FAU and 14% County; however, California's FAU allotments were withheld due to an EPA -initiated embargo. The funding mechanism was then changed to have the County fund 86% and the City fund 14%. The embargo was, however, lifted and the funding mechanism reverted to the original. The disbursements by the County exceeded the 14% and were covered by FAU funding. The situation of the County funds to be returned was agreed to be handled during the final accounting for the construction phase which yielded $207,079.13 due the City. FOR CRY COUNCIL AGEN DI / I AGENDA ITEM . March 16, 1993 Page 2 Disbursement to the City of the net $120,253 is contingent upon the County approving: 1) the Final Report for Cooperative Agreement D80-043 (design) and 2) the Amendment to Cooperative Agreement D84-260 (construction) 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 design report and this amendment to the construction agreement. 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 the Amendment to Cooperative Agreement D84-260 (construction) 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. RECOMMENDATION By motion, approve the Amendment to Cooperative Agreement D84-260 (construction) with the County of Orange and authorize the Mayor to execute it. Respectfully submitted, ��,� //i, William M. Huber, P.E. W MH/TGS:cl Attachments: 1. Cooperative Agreement D84-260 2. Amendment to Cooperative Agreement D84-260 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA AUGUST 20, 1985 COOPERATIVE AGREEMENT NO. D84-260 WITH CITY OF SAN JUAN CAPISTRANO -- CAMINO CAPISTRANO BRIDGE: On motion by Supervisor Clark, seconded y Supervisor Wieder, the Clerk of t e oard, on behalf of the Board of Supervisors, was authorized to execute the Cooperative Agreement No. D84-260 with the City of San Juan Capistrano, providing for the reconstruction of Camino Capistrano Bridge across San Juan Creek. MOTION UNANIMOUSLY CARRIED. RECEIVED AUG 29 1985 EMA L 11013-2.3 (12/76) I? —OUM—FY OF s <Z a /,RANGE ENVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS SEP 0 6 1985 Mr. William Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92677 MURRAY STORM DIRECTOR, EMA C. R. NELSON DIRECTOR OF PUBLIC WORKS LOCATION: 400 CIVIC CENTER DRI VE WEST SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 4048 TELEPHONE: (714) 834-2300 FILE Agmt. D84-260 R09701 SUBJECT: Cooperative Agreement No. D84-260, Camino Capistrano Bridge 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 authorizing County's execution of the agreement. Receipt of revised plans for a final review is hereby acknowledged. We understand specifications and estimate will be delivered probably today. Signature on the plans by our Director of Public Works, after review, will constitute our authorization to advertise the project for bids. After bid opening, please furnish a bid summary to this office with a revised County cost estimate using actual bid prices. EMA/Public Works -Construction (834-3488) should be notified of project preconstruction meeting and start of construction. Very truly yours, K. R. Smith, Acting Program Manager By: t D. E. Upd gr f, ief EMA/Coope at e r jects DEU:sgPWL01-70 9/6/85 Attachments cc w/Attach.: M. Saldana, Financial Operations V. Rosales, Design B Construction A& SAN J February 1, 1985 D. E. Updegraff County of Orange Environmental Management Agency P. O. Box 4048 Santa Ana, California 92702-4048 Re: Cooperative Agreement D84-260 - Camino Capistrano Bridge Dear Mr. Updegraff: The City Council of the City of San Juan Capistrano at its regular meeting held January 22, 1985, approved Cooperative Agreement D84-260. This Agreement is for the construction of the Camino Capistrano Bridge at San Juan Creek. Enclosed are the original and two copies of the Agreement and a certified copy of the City Council Minutes. Thank you for your cooperation. Very trruu%ly� yours, MARY ANN H OVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works J STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached are true and correct copies of Minutes of the Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, held on January 22, 1985, pages No. 1, No. 7, and No. 8. (SEAL) MARY ANN OVER, `City Clerk San Juan Capistrano, California DATED: This iGt day of February , 19—aa. JANUARY 22, 1985 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Pro tem Schwartze at 7:01 p.m., in the City Council Chamber, ,y followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Ocean Hills Community Church. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: Gary L. Hausdorfer, Mayor STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Cheryl Johnson, Recording Secretary. MINUTES Vjourned Re lar meeting of Januar 8 1985- t was move y Counci an Friess, secon a by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of January 8, 1985, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Pro Tem Schwartze NOES: None ASSENT: Mayor Hausdorfer MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Friess, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Pro Tem Schwartze NOES: None ABSENT: Mayor Hausdorfer -1- 1/22/85 PRESENTATIONS AND COMMENDATIONS 1. Written Communications: Report dated January 22, 1985, from the Senior Administrative Assistant, advising that James Heim, a long-time resident of San Juan Capistrano, was retiring after 36 years of public service with the County of Orange. Mr. Heim had served as the Director of the County's Community Service Agency; Orange County Public Administrator; and, was the County's first Public Guardian. Commendation of Mr. Heim: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted for presentation at Mr. Heim's retirement celebration: RESOLUTION NO. 85-1-22-1, COMMENDING JAMES E. HEIM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING JAMES E. HEIM The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Pro Tem Schwartze NOES: None ABSENT: Mayor Hausdorfer WRITTEN COMMUNICATIONS 1. PETITIONS FROM STONERIDGE ESTATES REQUESTING CLEANUP OF GOEDEN DEVELOPMENT PROPERTY - TRACTS 10103 11093 11094 AND 11095 (316.1 Written Communications: Letter dated January 4, 1985, from Lynn Rinker, Account Executive Director, Merit Property Management, Inc., forwarding on behalf of the Board of Directors of Stoneridge Estates, petitions signed by approximately 67 persons, requesting cleanup of the property formerly under development by the Goeden Company at the corner of Highland Drive and Rancho Viejo Road. With the concurrence of Council, Mayor Pro Tem Schwartze ordered the petitions received and referred to staff for further review and corrective action. -2- 1/22/85 0 0 BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY AND nont+cTct nnw.owTm Ar_Trulw - rnWQMPTV'TTnN nF rAMTNn rAPT Written Communications: Report dated January 18, 1985, from the Director of Public Works, forwarding an agreement establishing funding obligations for construction of the Camino Capistrano Bridge. Federal Aid Urban funds will provide 868 of the total cost, or $2,213,000; the County will fund 148 of the construction or $280,000; and, the City, through the Redevelopment Agency, will fund 148 of the cost of bridge approaches, traffic signals, and street lighting, or $81,000. Total construction cost was estimated at $2,574,000. Approval of Agreement: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to approve the agreement between the City and the Community Redevelopment Agency providing for a transfer of funds from the Community Redevelopment Agency to the City for completion of improvements relating to construction of the Camino Capistrano Bridge. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 2. ACCEPTANCE OF RIGHT-OF-WAY DEEDS, CAMINO CAPISTRANO BRIDGE Written Communications: Report dated January 22, 1985, from the Director of Public Works, requesting acceptance of right-of-way easements for bicycle trails, roadways, and temporary construction use in conjunction with construction of the Camino Capistrano Bridge. The affected properties include the Padre Plaza and the parking lot serving the Plaza. Purchase of the right-of-way will be funded through the County's Arterial Highway Financing Program at $14,267; the City, through the Community Redevelopment Agency, will be obligated for $7,133.50. Acceptance of Deeds: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried to accept the easement deeds for roadway purposes, bicycle trail purposes, and temporary construction use from Ronald and Barbara Conrad, with authorization for payment of $13,232 upon receipt of '�- recorded documents; and, to accept the easement deed for temporary construction purposes from Fred and Clella Stoffel, with authorization for payment of $1,035 upon receipt of the recorded document. -7- 1/22/85 0 0 3. APPROVAL OF COOPERATIVE AGREEMENT NO. D84-260 - Written Communications: Report dated January 22, 1985, from the Director of Public Works, requesting approval of an agreement with the County to cooperatively fund the local matching portion of the Camino Capistrano Bridge. The majority of construction funding will be provided by Federal Aid Urban funds. The report advised that changes are being made in the bridge improvements, as requested by the County, and cites possible cost increases. The agreement provides a County spending limit of $280,000; however, a provision exists to increase the limit. Approval of Cooperative Agreement: It was moved by Councilman Frieas, seconded by Councilman Buchheim, and unanimously carried to approve Cooperative Agreement No. D84-260, Camino Capistrano Bridge, and to direct staff to request that the County favorably consider increasing their participation limit as prescribed in Paragraph II.E of the agreement, if design changes required by Caltrans, the Federal Highway Administration, and/or the County increase the project costs. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 4. APPROVAL OF AGREEMENT FOR Written Communications: Report dated January 22, 1985, from the Senior Administrative Assistant, advising that on January 17, 1984, the City and the Depot entered into an agreement covering parking, maintenance, and posting of speed limits in the Depot and Multi -Modal Terminal parking lots. The report forwarded a new agreement incorporating additional improvements in the two lots: i.e., 38 additional spaces in the Multi -Modal Terminal to be designated 2 -hour parking; removal of time limits in the Depot parking lot; continued sweeping and cleaning of the lots; construction of speed bumps in the Multi -Modal Terminal lot; and, new signs prohibiting overnight parking and designating tow -away zones. The agreement will be effective for a one-year period of time and repeals the previous agreement dated January 17, 1984. Costs for the proposed improvements were estimated at $2,000. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to approve the agreement between the City and the Depot for improvements in the Multi -Modal Terminal; and, to authorize a transfer of funds -8- 1/22/85 3. 0 • �C,L) Written Communications: Report dated January 22, 1985, from the Director of Public Works., requesting approval of an agreement with the County to cooperatively fund the local matching portion of the Camino Capistrano Bridge. The majority of construction funding will be provided by Federal Aid Urban funds. The report advised that changes are being made in the bridge improvements, as requested by the County, and cites possible cost increases. The agreement provides a County spending limit of $280,000; however, a provision exists to increase the limit. Approval of Cooperative Agreement: It was moved by Councilman Y; 'Mt: seconded by Councilman Buchheim, and unanimously carried to approve Cooperative Agreement No. D84-260, Camino Capistrano Bridge, and to direct staff to request that the County favorably consider increasing their participation limit as prescribed in Paragraph II.E of the agreement, if design changes required by Caltrans, the Federal Highway Administration, and/or the County increase the project costs. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. AGENDA ITEM January 22, 1985 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Cooperative Agreement No. D84-260 -- Camino Capistrano Bridge (County of Orange) SITUATION Staff is requesting approval of an agreement with the County of Orange to cooperatively fund the local matching portion of the Camino Capistrano Bridge. The majority of the funds for construction will be provided by the Federal Highway Administration through Caltrans in the Federal Aid Urban program (FAU). The funds provided by the City shall be derived from the Community Redevelopment Agency. A copy of the agreement is available in the office of the City Clerk. At this time, Staff proposes to commence spring at the close of the rainy season. dependent upon resolution of the use of for a right turn lane at San Juan Creek of a permit for improvements at the off BOARDS, COMMISSIONS, AND COMMITTEES Not applicable. FINANCIAL CONSIDERATIONS construction in the This schedule is Caltrans right of way Road and provision ramp and Camino Capistrano. The County's participation is based upon participation in the bridge improvements only. The FAU portion of the funding is 86% of the total cost. The County of Orange is to fund 14% of the bridge construction with no City participation. The City, Community Redevelopment Agency, is to fund 14% of the bridge approaches,traf£is signals,and street lighting with no County participation. The allocation of costs are indicated below: Federal Aid Urban $2,213,000.00 Community County Redevelopment Agency $280,000.00 $81,000.00 Total $2,574,000.00 At the present, changes to the plans are being made as requested by the County of Orange. The financial impacts of these changes have not been made, but the changes are in the bridge improve- ments. There is a probability of cost increases, and the agreement establishes a limit of County spending to $280,000. The agreement does provide that this limit may be increased with the written approval of the County. Staff is recommending that this provision be addressed in the requested approval. �3 AGENDA ITEM January 22, 1985 Page 2 ALTERNATE ACTIONS 1. Approve the agreement. 2. Direct Staff to request higher County participation and consider the agreement at a future date. 3. Direct Staff to negotiate major changes to the agreement for future consideration. RECOMMENDATION By motion approve cooperative agreement No. D84-260, Camino Capistrano Bridge, authorize the Mayor to execute the agree- ment, and direct Staff to request that the County favorably consider increasing their participate limit as prescribed in paragraph II.E. of the agreement if design changes required by Caltrans , the Federal Highway Administration and/or the County increase the project costs. Respectfully submitted, �. �� �, D. Murphy Director of Public Works WDM/GML/hw I id MURRAYSTORM DIRECTOR WILLIAM L. ZAUN PROGRAM MANAGER Y O F LOCATION: 400 CIVIC CENTER DRIVE WEST JAN i 1 1 195 SANTA ANA, CALIFORNIA MAILING ADDRESS: N G E/� _ P.O. BOX 404E U C I T t ' SANTA ANA, CA 92702-4048 ENVIRONMENTAL MANAGEMENT ASE�JIOYJ 1 •• TELEPHONE: TRANSPORTATION & FLOOD CONTROL FgJDR TAMS ^ 17141 8343467 FILE D84-260 January 10, 1985 William Murphy Director of Public Works City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Cooperative Agreement No. D84-260, Camino Capistrano Bridge Dear Mr. Murphy: Attached are the original and three (3) copies of Cooperative Agreement No. D84-260, for the construction of the Camino Capistrano Bridge at San Juan Creek. If the agreement meets with your approval, please have it executed on behalf of the City and return the original and two (2) copies to the attention of D. E. Updegraff for further processing, together with a certified copy of the City Council Minutes. A fully executed copy of the agreement will be mailed to you upon completion. Very truly yours W. L. Zaun, gram Man ger BM:cb(2)(011) Attachments: Agreement (4 copies) CC: K. E. Smith/Design A J. R. Johansen/Design B