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06-0503_CALIF DEPT OF TRANSPORTATION_Amd 1 to Agr No. 12-53512 -ORA -5 PM 1.0. S I-5 Southbound Tunipero Serra Rd on-ramp Construct drainage transition structure 12234-OG4901 District Agreement 12-535 Al AMENDMENT No.1 TO AGREEMENT (RE -AFFIRMATION of AGREEMENT No. 12-535) This AMENDMENT No.l TO AGREEMENT (AMENDMENT), ENTERED INTO ., .e EFFECTIVE ON i G al -i 2010 between the STA'T'E 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". RECITALS 1. The parties hereto (PARTIES) entered into an Cooperative Agreement No. 12-535, hereinafter AGREEMENT, on May 3, 2005 defining the terms and conditions of a project to construct drainage transition structure connecting STATE's outlet drain into the CITY's storm drain) , at the 1-5 southbound Junipero Serra Road on-ramp , referred to herein as "PROJECT" 2. PROJECT was not completed prior to the termination date as stated in AGREEMENT. 3 AGREEMENT expired on December 31, 2007 and is herein revived by PARTIES to this AMENDMENT by reaffirming their rights, liabilities and obligations under AGREEMENT. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section 111, "It Is Mutually Agreed", Article 13 of the AGREEMENT shall now be December 31, 2011 instead of December 31, 2007. 2. Article 13 under Section III of AGREEMENT is replaced in its entirety to read as follows: This Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section 11, Article 3 of this Agreement, or on December 31, 2011, whichever is earlier in time. 3. The other terms and conditions of AGREEMENT are herein incorporated by reference and re -affirmed by PARTIES. Pd 4. PARTIES also ratify herein PARTIES' actions during the Period from December 31, 2007 to the date of execution of this AMENDMENT. 5. PARTIES empowered by Street and Highways Code section 114 & 130 to enter into AGREEMENT have delegated to their undersigned authority on behalf of the respective agencies and covenants and have followed all the necessary legal requirements to validly execute this AMENDMENT. 3 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation WII: °ISE PT -0N Director of Transportation By:__ J' eil. puty District Director APPROVED AS TO FORM: Attorney, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS ANDS CONDITIO,NNS: Wceo nting , inistrat4 CE TIMED AS FUDS: D strict Budget Manager Il CITY OF SAN UAN CISTRANO By: Dr. Londres Uso, Mayor A APPROVED AS TO FORM: Omar Sandoval, City Attorney 12 -ORA -5 KP 17.4 (PM 10.8) I-5 southbound Junipero Serra Rd on-ramp Construct drainage transition structure 12234-OG4901 District Agreement No. 12-535 CONTRIBUTION AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON = 1 _ , 2006, is between the STATE OF CALIFORNIA, acting by and through its Deparhnek 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 District Agreement No, 12-535 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 114 are authorized to enter into a Cooperative Agreement for improvements to State highways within. the City of San ,Tuan Capistrano. 2. CITY contemplates the construction of storm drain facility at the 1-5 southbound Junipero Serra Road on-ramp, referred to herein as "PROJECT". 3. STATE desires an improvement consisting of drainage transition structure connecting STATE's outlet drain into the CITY's storm drain at the 1-5 south bound Junipero Serra Road on-ramp, referred to herein as "IMPROVEMENTS" and has requested CITY to install IMPROVEMENTS as part of C.ITY's PROJECT. 4. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be designed, constructed, financed, and maintained. PJ, SECTION I CITY AGREES: District Agreement No. 12-535 I, To design, advertise, award, and administer the construction contract for PROJECT and to include IMPROVEMENTS as part of PROJECT construction. 2. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles 2, 3, and 4 of Section III of this Agreement, 3. To construct IMPROVEMENTS in accordance with plans, specifications and estimates (PS&E) prepared by CITY, to the satisfaction of and subject to the approval of STATE. 4. To submit a billing in amount of $77,970 to STATE fifteen (I5) days prior to CITY's bid advertising date of the construction contract for the PROJECT. Said the billing represent the STATE's advance deposit for estimated construction cost of $63,040 and fixed design cost of $14,970. 5. The estimated construction cost of IMPROVEMENTS is $ 63,000 and such cost shall not be exceeded unless additional funds are provided by STATE and this Agreement is amended accordingly. 6. The fixed design (PS&E) cost to prepare the IMPROVEMENTS is $14,970 and such cost shall not be exceeded. 7, Upon completion and acceptance of the PROJECT construction contract by CITY, to furnish STATE a completed set of the entire for IMPROVEMENTS portion of the PROJECT As -built plans on a CD- ROM (MicroStation.dgn file, version 5.0 or later up through version 7). The Agn files must comply with STATE's current CADD Users Manual and Plans Preparation. Manual, 8. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the direct costs of IMPROVEMENTS to be borne by STATE. CITY thereafter shall refund to STATE, promptly after completion of CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposit required in Section 11, Article 3 remaining after the actual direct costs of IMPROVEMENTS to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone, 9, To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to the design and construction of IMPROVEMENTS. 3 District Agreement No. 12-535 SECTION II STATE AGREES: I. To issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the State Highway rights of way, as more specifically defined in Articles 2, 3, and 4, of Section III of this Agreement. 2. To provide, at no cost to CITY, a qualified STATE Representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property within the STATE's own right of way, and to assure compliance with all provisions of the encroachment perrnit(s) issued to CITY and CITY's contractor. 3. To pay the CITY within twenty-five (25) days of receipt of billing therefor (which billing will be forwarded fifteen (15) days prior to CITY's bid advertising date of a construction contract for PR.OJECT),the amount of $14,970 for design. and $ 53,000 for construction, which figures represent STATE's estimated cost of IMPROVEMENTS work to be performed by CITY on STATE's behalf pursuant to this Agreement 4. Upon completion of PROJECT and all work incidental thereto, to review the CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposit required in Section 11, Article 3 remaining after the actual direct costs of IMPROVEMENT to be borne by the STATE have been deducted, STATE, shall receive a refund from the CITY within thirty (30) from the final accounting completed or pay additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. F SECTION III IT IS MU'T'UALLY AGREED: District Agreement No. 12-535 All obligations of STA'T'E under the terms of this Agreement are subject to the State Budget Act authority, the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission, 2. Construction by CITY of IMPROVEMENTS referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until an encroachment permit to CITY authorizing such work has been issued by STATE. 3. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer. Receipt by CITY of the approved encroachment permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY or CI'T'Y representatives within STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in said encroachment permit. 4. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction. of PROJECT. 5. In the construction of said work, said representatives of CITY and STATE will cooperate and consult with cach.other, and all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. 6. If existing public and/or private utilities conflict with the construction of IMPROVEMENTS, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal of such facilities. If there are costs of such protection, relocation, or removal which STATE and CITY must legally pay, total cost will be borne by S'T'A'rE. If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with. STATE policy and procedure. CITY shall require ally utility owner per- forming relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. 7. Upon completion of construction of IMPROVEMENTS to the satisfaction of the STATE representative, STATE will accept control of and maintain, at its own costs and expense, those portions of IMPROVEMENTS lying within STATE's right of way. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE. No further agreement will be necessary to transfer ownership to S"K"ATE. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third 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. 10. Neither STATE nor any officer thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 11. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall .fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 12. No alteration or variation of the tenns 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, 13. This Agreement shall terminate upon completion of construction of [MPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section IT.. Article (3) of this Agreement, or on December 31, 2007, whicbever is earlier in time. 6 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation APPROVED AS TO FORM AND PROCEDURE: __A€� Attorney Department of Transportation CERTIFIE S . F DS: District Bu get Manager CERTIFIED AS TO FINANCIAL, TERMS AND CONDITIONS: HQ Accounting Adrr6istrator H District Agreement No. 12-535 CITY OF SAN JUAN CAPISTRANO By: David M. Swerdli , Mayor ATTEST R. Monahan, City Clerk APPROVED AS TO FORiIM: r, By: 3 1� John Shea, City Attorney RESOLUTION NO. 10-01-05-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA, APPOVING AMENDMENT No. 1 TO CALTRANS COOPERATIVE AGREEMENT NO. 12-535 RELATED TO THE CONSTRUCTION OF THE CALLE RESPLENDOR STORN DRAIN (CIP 130) . WHEREAS, on May 3, 2006, the City and the State of California by and through its Department of Transportation (Caltrans) entered into Cooperative Agreement No. 12- 535 affecting drainage from State facilities into City storm drain facilities proposed to be improved along Calle Resplendor in the City of San Juan Capistrano (CIP 130); and WHEREAS, the project was not completed prior to the termination date of the agreement, WHEREAS, the Agreement expired on December 31, 2007; and WHEREAS, the City and Caltrans desire to extend the Agreement through December 31, 2011 to allow for the completion of the project; WHEREAS, the City and Caltrans further desire to reaffirm their rights, liabilities, and obligations under the Agreement, and to ratify their actions during the period of the original expiration date and the date of Amendment No. 1, approved herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES that the attached Amendment No. 1 to Agreement (Re -Affirmation of Agreement No. 12-535) is hereby approved and the Mayor is hereby authorized to execute it on behalf of the City. PASSED, APPROVED, AND ADOPTED thrs 5"' day-of_4anuary 2010. USO, MA 1 1/5/2010 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 10-01-06-06 was duly adopted by the Cit Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 5 day of January 2010, by the following vote: AYE COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Freese and Mayor Uso N0 COUNCIL MEMBER: None A S COUNCIL MEMBER: None IS, gt�\Clerk 2 1/5/2010 AGENDA ITEM TO: Joe Tait, City Manager FROM: Omar Sandoval, City Attorney 1'15120-10 D18 SUBJECT: Consideration of Resolution Approving Amendment No. 1 to Caltrans Cooperative Agreement No. 12-535 Related to the Construction of the Calle Resplendor Storm Drain (CIP 130). RECOMMENDATION By Motion, adopt the Resolution Approving Amendment No. 1 to Caltrans Cooperative Agreement No. 12-535. The City is involved in litigation with the Casitas Capistrano Association Number Two, Inc. Caltrans is a co-defendant. The litigation arises out of a 2004 settlement agreement wherein the City agreed to improve the storm drain system along Calle Lorenzo and Calle Resplendor. The original litigation arose out of flooding of Association property allegedly caused by the failure of the existing storm drain system. In early 2009, the City Council approved funding to complete the project design with bidding and construction to follow (CIP 130). It is expected that the design will be completed soon and construction will commence by April 2010. In connection with the 2004 settlement agreement, the City and Caltrans entered into a cooperative agreement for the construction of the storm drain system. The original agreement expired on December 31, 2007. The attached amendment reaffirms the parties' agreement, extends the expiration date of the original agreement to December 31, 2011, and ratifies the actions of the parties between the original expiration and the date the attached amendment is approved. FINANCIAL CONSIDERATIONS: The financial terms of the original agreement are not affected by the attached amendment. NOTIFICATION: This item has been noticed pursuant to the regular agenda distribution process. Agenda Report Paae 2 RECOMMENDATION January 5, 2010 By Motion, adopt the Resolution Approving Amendment No. 1 to Caltrans Cooperative Agreement No. 12-535. Respectfully submitted, Omar San oval City Attorney Attachment: I. Resolution Approving Amendment No..1 to Caltrans Cooperative Agreement No. 12-535. 2. Amendment No. 1 to Caltrans Cooperative Agreement No. 12--535 3. Cooperative Agreement No. 12-535. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AMENDMENT NO. 1 TO CALTRANS COOPERATIVE AGREEMENT NO. 12-535 RELATED TO THE CONSTRUCTION OF THE CALLE RESPLENDOR STORM DRAIN (CIP 130). WHEREAS, on May 3, 2006, the City and the State of California by and through its Department of Transportation (Caltrans) entered into Cooperative Agreement No. 12- 535 affecting drainage from State facilities into City storm drain facilities proposed to be improved along Calle Resplendor in the City of San Juan Capistrano (CIP 130); and WHEREAS, the project was not completed prior to the termination date of the Agreement; and WHEREAS, the Agreement expired on December 31, 2007; and WHEREAS, the City and Caltrans desire to extend the Agreement through December 31, 2011 to allow for the completion of the project; and WHEREAS, the City and Caltrans further desire to reaffirm their rights, liabilities, and obligations under the Agreement, and to ratify their actions during the period of the original expiration date and the date of Amendment No. 1, approved herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES that the attached Amendment No. 1 to Agreement (Re -Affirmation of Agreement No. 12-535) is hereby approved and the Mayor is hereby authorized to execute it on behalf of the City. PASSED, APPROVED AND ADOPTED this Stn day of January, 2010. DR. LONDRES USO, MAYOR ATTEST: MARIA MORRIS, CITY CLERK ATTACHMENT 1 12234 -ORA -5 PM 10.8 12234-OG4901 Amendment No. 1 to Agreement 12- 535 AMENDMENT No, I TO AGREEMENT (RE -AFFIRMATION of AGREEMENT No, I2-535) This AMENDMENT No. 1 TO AGREEMENT (AMENDMENT), ENTERED INTO EFFECTIVE ON 2010 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". Attachment 2 RECITALS 1. The parties hereto (PARTIES) entered into an Cooperative Agreement No. 12-535, hereinafter AGREEMENT, on May 3, 2005 defining the terms and conditions of a project to construct drainage transition structure connecting STATE's outlet drain into the CITY's storm drain) , at the 1-5 southbound Junipero Serra Road on-ramp , referred to herein as "PROJECT". 2. PROJECT was not completed prior to the termination date as stated in AGREEMENT. 3 AGREEMENT expired on December 31, 2007 and is herein revived by PARTIES to this AMENDMENT by reaffirming their rights, liabilities and obligations under AGREEMENT. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section 11I, "It Is Mutually Agreed", Article 13 of the AGREEMENT shall now be December 31, 2011 instead of December 31, 2007. 2. Article 13 under Section III of AGREEMENT is replaced in its entirety to read as follows: This Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section II, Article 3 of this Agreement, or on December 31, 2011, whichever is earlier in time. 3. The other terms and conditions of AGREEMENT are herein incorporated by reference and re -affirmed by PARTIES. ERA 4. PARTIES also ratify herein PARTTES' actions during the period from December 31, 2007 to the date of execution of this AMENDMENT. 5. PARTIES empowered by Street and Highways Code section 114 & 130 to enter into AGREEMENT have delegated to their undersigned authority on behalf of the respective agencies and covenants and have followed all the necessary legal requirements to validly execute this AMENDMENT. 3 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation WILL KEMPTON Director of Transportation By: Jim Beil Deputy District Director APPROVED AS TO FORM: F Attorney, Department of Transportation CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS - Accounting Onlmstratvir V CERTIFIED AS TO FINDS: District Budget Manager 51 CITY OF SAN JUAN CAPISTRANO Dr. Londres Uso, Mayor ATTEST Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorncy , 12 -ORA -5 KP 17.4 (PM 10.$) I-5 southbound Junipero Serra Rd on-rarnp Construct drainage transition structure 12234-OG4901 District Agreement No. 12-535 CONTRIBUTION AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON _,) y - 2006, is between the STATE OF CALIFORNIA, acting by and through its Departm tdf► ©f 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" ATTACHMENT 3 District Agreement No. 12-535 RECITALS I. STATE and CITY, pursuant to Streets and Highways Code Section 114 are authorized to enter into a Cooperative .Agreement for improvements to State highways within the City of San Juan Capistrano, 2. CITY contemplates the construction of storm drain facility at the 1-5 southbound Junipero Serra Road on-ramp, referred to herein as "PROJECT". 3. STATE desires an improvement consisting of drainage transition structure connecting STATE's outlet drain into the CITY'S storm drain at the I-5 south bound Junipero Serra Roar] on-ramp, referred to herein as "IMPROVEMENT'S" and has requested CITY to install IMPROVEMENTS as part of CITY's PROJECT. 4. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be designed, constructed, financed, and maintained. 2 SECTION I CITY AGREES: District Agreement No. 12-535 1. To design, advertise, award, and administer the construction contract for PROJECT and to include IMPROVEMENTS as part of PROJECT construction. 2. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STAT: E's standard permit procedures, as more specifically defined in Articles 2, 3, and 4 of Section III of this Agreement. 3. To construct IMPR€}VEM) NI'S in accordance with plans, specifications and estimates (PS&E) prepared by CITY, to the satisfaction of and subject to the approval of STATE. 4. To submit a billing in amount of $77,970 to STATE fifteen (15) days prior to CITY's bid advertising date of the construction contract for the PROJECT. Said the billing represent the S"T"ATE's advance deposit for estimated construction cost of $53,000 and fixed design cost of $14,970. 5. The estimated construction cost of IMPROVEMENTS is $ 63,000 and such cost shall not be exceeded unless additional fiends are provided by STATE and this Agreement is amended accordingly. 5. The faxed design (PS&E) cost to prepare the IMPROVEMENTS is 514.970 and such cost shall not be exceeded. 7. Upon completion and acceptance of the PROJECT construction contract by CITY, to furnish STATE a completed set of the entire for IMPROVEMENTS portion of the PROJECT As -built plans on a CD- ROM (MicroStationAgn file, version 5.0 or later up through version 7). The Agn files must comply with STATE's current CARD Users Manual and Plans Preparation Manual. 8. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the direct costs of IMPROVEMENTS to be borne by STATE. CITY thereafter shall refund to STATE, promptly after completion of CITY's final accounting; of IMPROVEMENTS costs, any. arriount of STAT'E's deposit required in Section 11, Article 3 remaining atter the actual direct costs of IMPROVEMENTS to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. 9. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to the design and construction of IMPROVEMENTS, SECTION 11 STATE AGREES: District Agreement No. 12-53 5 1. To issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the State Highway rights of way, as more specifically defined in Articles 2, 3, and 4, of Section III of this Agreement. 2. To provide, at no cost to CITY, a qualified STATE Representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property within the STATE's own right of way, and to assure compliance with all provisions of the encroachment pennit(s) issued to CITY and CITY's contractor. 3, To pay the CITY within twenty-five (2.5) days of receipt of billing therefor (which billing will be forwarded fifteen (15) days prior to CITY's bid advertising date of a construction contract for PROJECT), the amount of $14,970 for design and $ 63,000 for construction, which figures represent STATE's estimated cost of IMPROVEMENTS work to be performed by CITY on STATE's behalf pursuant to this Agreement 4. Upon completion of PROJECT and all work incidental thereto, to review the CITY's final accounting of IMPROVEMENTS costs, any amount of S`I'ATE's deposit required in Section 11, Article 3 remaining atter the actual direct costs of MPROVEMENT to be borne by the STATE have been deducted, STATE shall receive a refund from the CITY within thirty (30) from the final accounting completed or pay additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. I1 SECTION III IT IS MUTUALLY AGREED: District Agreement No. 12-535 1. All obligations of STATE under the terms of this Agreement are subject to the State Budget Act authority, the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Construction by CITY of IMPROVEMENTS referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until an encroachment permit to CITY authorizing such work has been issued by STATE,. 3. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer_ Receipt by CITY of the approved encroachment permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY or CITY representatives within STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in said encroachment permit. 4. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 5. In the construction of said work, said representatives of CITY and STATE will cooperate and consult with each other, and all work within. STATE's right of way shall be accomplished to the satisfaction of STATE's representative. &. If existing public and/or private utilities conflict with the construction of IMPROVEN ENTS, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal of such facilities. If there are costs of such protection, relocation, or removal which STATE and CITY must legally pay, total cost will be borne by STATE. If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. CITY shall require any utility owner per- forming relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. 7. Upon completion of construction of IMPROVEMENTS to the satisfaction of the STATE representative, STATE will accept control of and maintain, at its own costs and expense, those portions of IMPROVEMENTS lying within STATE's right of way. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE'S right of way will automatically be vested in STATE. No further agreement will be necessary to transfer ownership to STATE. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third 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. 10. Neither STATE nor any officer thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and: save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 11, Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save hanuless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 12. 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 agt=ment not incorporated herein shall be binding on any of the parties hereto. 13. This Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section JI, Article (3) of this Agreement, or on December 31, 2007, whichever is earlier in time. R STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation By HN De APPROVED AS TO FORM AND PROCEDURE: Attorney Department of Transportation CERTIFIE S " ' F DS: District Bu get Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: HQ Accounting A dAnistrator 7 District Agreement No. 12-535 CITY OF SAN JUAN CAPISTRANO 0 E • ATTEST R. Monahan, City Clerk APPROVED S TO FORM: By: Joh Shity Attorney BOARD OF DtRECTOR,S Jerry Amante, Chairman Patricia Bates Vice Chair,~ar, Art Brown Oirector Peter Buffa Director Bill Ct �nhr'r Director Carolyn V Caveoche Director J. Tarr?Iton Director Richard Dixon Director PaW G. Giaab Director Dan Hansen Director Allan ; F-rs6c, Director John xyRu :;far Director Janet Nguyen Director Curt Pringle Director Miguel Puiido Director Gregory T MVI-�,-N r c.m Director February 19, 2010 Ms. Christy Jakl, Administrative Specialist City Clerk's Office City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RECp 2010 FE6 22 P 2: 7 5A Ji.lAHC;,sPJ"STT r lr�o SUBJECT. AMENDMENT NO. 1 TO AGREEMENT NO. C-8-0861 Dear Ms. Jakk Enclosed for your records is your original copy of the above -referenced subject. If you have any questions, please feel free to call me at (714) 560-5618. Sincerely, / V .. Cathy Foreman" Office Specialist Contracts Administration and Materials Management CindyOuon Enclosure Governor's Ex -Officio `: -Ier CHIEF EXECUTIVE OFFICE 1401 Kempton Chief ExG.^.i.ltjve Officer Orange County Transportation Authority 550 South blain Street / P.O. ,Box 14184 / Orange / California 92863- f 584 / (714) 560 -OCTA (6282) I AMENDMENT NO. 1 TO 2 AGREEMENT NO. C-8-0861 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF SAN JUAN CAPISTRANO 7 FOR 8 RAIL -HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS 9 AND 10 SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES 11 THIS AMENDMENT NO. 1 is made and entered into this day of _ .� e � 12 2010, by and between the Orange County Transportation Authority ("AUTHORITY"), and the City of 13 San Juan Capistrano ("CITY'). 14 WITNESSETH: 15 WHEREAS, by Agreement No. C-8-0861 dated November 10, 2008, AUTHORITY and 16 CITY entered into a cooperative agreement for rail highway grade crossing safety enhancements 17 and safety measures related to quiet zone implementations; and 1s WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement for an 19 additional thirty-two (32) months to allow time for construction delays, with no increase in the 20 maximum cumulative payment obligation; 21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 22 Agreement No. C-8-0861 is hereby amended in the following particulars only: 23 Amend ARTICLE 9. ADDITIONAL PROVISIONS, paragraph B. Term of Agreement, Page 24 11 of 14, to delete "December 31, 2009" and in lieu thereof insert "August 31, 2012." 25 26 1 ER:CF L:ICAMMICLERICAL\VVORIOPROCLAG REEIAMEN D\AM180861.DOC Page 1 of 2 r 2 3 4 5 6 7 8 9 I.0 12 13 14 1_5 16 ]7 18 19 20 21 22 23 24 25 26 `rs 't AMENDMENT NO. I TO AGREEMENT NO. C-8-0861 The balance of said Agreement remains unchanged. Upon execution by both parties, this Amendment No. 1 shall be made effective on January 1, IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No 1 to be executed on the effective date above written. CITY OF ANO ORANGE COUNTY TRANSPORTATION AUTHORITY By-, BY Dr ondres Uso _ arolina Coppolo MI ajor I Manager, Contracts and Procurement 0 Date: APPROVED AS TO FORM: By Kennard R. Smart, Jr. General Counsel ER:CF L:ICAMMICLERICALIMORDPROCIAGREE\AMENMAW 80861. DOC Page 2 of 2 32400 PASO AIsvLANTo MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 j� L ` SAM AI LEVA1 O (949) 493-1053 F'AXf9 ntaarsaRaEo LAURAFREESE • [SrauISRf9 161 THOMAS W, HR16AR YS%W W. SQl?J LfQ71 L'F7�7751f"CI7?O.O!'�T 17T6 MARK NIELSEN DR. LONDRES USO January 11, 2010 Department of Transportation Attn: Susan Yee District 12 Office of Design Irvine, CA 92512 FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 RE: Amendment No. 1 to Agreement (Re -Affirmation of Agreement No. 12-535) Enclosed: A certified copy of Resolution 10-01-05-06 from the Meeting of January 5, 2010 pertaining to this matter and (5) Original, executed "Amendment No. 1 to Agreement (Re -Affirmation of Agreement No. 12-535)" between the City of San Juan Capistrano and the State of California After execution by the State of California, please forward (1) executed original agreement to my attention for our records. Please contact Khoon Tan, Associate Engineer at (949) 443-6353, with questions regarding the agreement. CC: Khoon Tan, Associate Engineer ,San Juan Capistrano: Preserving the Past to Enhance the Future „� Prinled-on ,00 recycled paper Today's Date: 9 Transmittal Rotating (Check Ali That Apply) ❑ City Attorney ❑ City Manager ❑ City Clerk GIP No. (if any): Project Manager's Last Name: Phone Extension: Councilor CRA Meeting Date (if applicable): 1 �SV Z -C -t - APPROVING AUTHORITY: (Check One) J Mayor ® CRA Chair Ll City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded -- only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi OTHER INSTRUCTIONS: Form late: 01-2004 D - 7 32400 PA5IELL7 AD EE.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053. FA3C www.sanjuancapistrano.org [Mgmin] III ir, Susan Yee Department of Transportation District 12 Office of Design 3337 Michelson Drive, Suite 380 Irvine, CA 92612 DATE: December 9, 2008 /i V MEMBERS OF THE CITY COUNCIL rr ri SADA ALLEVATO LAURA FREESE ISIAIIISA£9THOMAS Yd. HRIBAR 1776 MARK ® DR. LONDRES USO FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Amendment No 1. to Cooperative Agreement -1_5 Southbound Junipero Serra Rd. Enclosed ,are three (3) additional original agreements. Our office previously sent two (2) originals agreements on December 2, 2008. Please forward an original agreement to our office when executed for our records. If you have questions. concerning the agreement, please contact Khoon Tan, Associate Engineer (949) 443-6353. Cc: Khoon Tan, Associate Engineer r 3 r, Enclosure San .Tuan Capistrano 0 Printed on 100% recycled paper ell- .� ° Preserving the fast to Enhance the Future 32400 PASEO AC3E1..ANTC3 f %€ � MEMBERS OF THE c€1Y COUNCIL SAN JUAN CAPISTRANO, CA 92675 �, � TO (949) X193-1171 Ii1LRRP6RRTi'� THOMAS W. S W. WH THOMAHR€SAR (949) 493-1053 EAX ° � i��� www.sanjuancapistrano.org €sTRR�ISatII 1776 MARK NIELSEN JOE SOTO DR. LONORES USO `S Susan Yee Department of Transportation District 12 Office of Design 3337 Michelson Drive, Suite 380 Irvine, CA 92612 DATE: December 2, 2008 I FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE. Amendment No 1. to Cooperative Agreement — 1-5 Southbound Junipero Serra Rd. Enclosed are two (2) original agreements. Please forward an original agreement to our office when executed for our records. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer (949) 443-6353. Cc: Khoon Tan, Associate Engineer Enclosure San Juan Capistrano: Preserving the ..Past to Enhance the Future Printed on 100% recycled paper 12 ORA -5; PM 10.8 1-5 Southbound .lunipera Serra Rd On-ramp Construct drainage transition structure 12234-OG4901 District Agreement 12-535-A1 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT THIS AMENDED AGREEMENT, ENTERED INTO EFFECTIVE ON , 2008 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" District t greement No. 12-535-A1 RECITALS 1. The parties hereto entered into an Agreement, on May 3, 2006, said Agreement: defining the terms and conditions under which STATE's PROJECT, consisting of drainage transition structure connecting STATE's outlet drain into the CITY's storm drain at the 1-5 southbound Junipero Serra Road on-ramp, would be constructed as a part of CITY's IMPROVEMENTS, which consists of constructing storm drain facility at the 1-5 southbound Junipero Serra Road on-ramp in the City of San Juan Capistrano. 2. It has been determined that PROJECT and IMPROVEMENTS will not be constructed prior to the termination date of said agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section 111, Article 13, of the original Agreement shall now be December 31, 2011, instead of December 31, 2007. 2. Neither STATE nor any officer or employee thereof is responsible for any injury, 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 conferred upon CITY or arising under this agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save harmless STATE and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to; tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this agreement. 3. Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE or arising under this agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description broughtforth under, including, but not limited to, tortious, contractual, inverses condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this agreement. 4. The other terms and conditions of said Agreement shall remain in full force and effect. . 11 STA'T'E OF CALIFORNIA Department of Transportation WILL KEMPTON Director By: JIM BEIL Deputy District Director Approved as to form: and procedure: Attorney Department of Transportation Certified as to funds: District Project Control Officer Certified as to financial terms and policies: Accounting Administrator District agreement No. 12 -535 -AI CITY OF SAN JUAN CAPISTRANO By: Dave Adams, City Manager Approved as to Form: Omar Sa dova[, "City Att rney 3 32400 PASEO ADEL.ANTO MEMBERS Or THE CITY COUNCiI. SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171. `� _ LLL��� SAM ALLEVATO (949) 493-.1053 FAX � ✓fy1 ocoa�asa Fs j � II6I DIANE BATHGATE iSiNELIt%FII WYATT HART www.sanjuancapistrano. c�rg 1776 JOE SOTO DAVID M. SWERDUN NOTIFICATION OF MEETINT-OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 21, 2006 in the City Council Chamber in City Hall, to consider. "Consideration of Acceptance of Contribution Agreement with Caltrans for Calle Resplendor Storm Drain (GIP No 130)" — item No. 134. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 20, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Brian Perry, Project Manager. You may contact that staff member at (949) 443-6353 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanjuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(c sanl'uancapistrano.orq. Meg Monahan, CMC City Clerk cc: *Susan Yee, Caltrans; Brian Perry, Project Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future i i 312'112007 AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Acceptance of Contribution Agreement with Caltrans for Calle Resplendor Storm Drain (CIP No. 130) By motion, accept the Contribution Agreement with Caltrans for Capital Improvement Project No 130, Calle Resplendor Storm Drain in the amount of $14,970 for design and $63,000 for construction. SITUATION: Summary and Recommendation: Staff is recommending that City Council accept the contribution agreement with Caltrans for Caltrans to contribute $34,970 for design and $63,000 for construction of the transition structure from a Caltrans outlet structure to the City storm drain in the vicinity of the Junipero Serra southbound on ramp. Background The City of San Juan Capistrano has budgeted funds this fiscal year for the design and construction of the Calle Resplendor Storm Drain Capital Improvement Project. This storm drain would parallel the existing storm drain along Calle Resplendor to Calle Lorenzo. Part of the project includes the provision of a transition structure from a Caltrans outlet structure to the City storm drain in the vicinity of the Junipero Serra southbound on ramp. This will mitigate an on-going maintenance problem for the City. The contribution is anticipated to cover the full costs of design and construction for the transition structure. COMMISSIONS/BOARD REVIEW RECOMMENDATIONS Not Applicable FINANCIAL CONSIDERATIONS Funds are budgeted in the City's Capital Improvement budget FY 2005-2006. The budget anticipates Caltrans participation in the project. Agenda Report March 21, 2006 Pane 2 NOTIFICATION The following parties received notification of this agenda item: Susan Yee, Caltrans *Agenda report included RECOMMENDATION By motion, accept the Contribution Agreement with Caltrans for Capital Improvement Project No 130, Calle Resplendor Storm Drain in the amount of $14,970 for design and $63,000 for construction. Respectfully submitted, zProject LManager Nasser Abbaszadeh, P.E. Engineering & Building Director Attachments: 1. location Map 2. Proposed Contribution Agreement 32409 FASE:0 .ADE:LANTO SAN JUAN CAMSTRzaNO. CA 996 r 5 (949) 493-1171 (949) 493-1053 FA X March 23, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMRERC OF THE C..:.,C'UN^IL SAM ALLFW` Tn- DIANE BATHGATE :"1�'fa`:': 4{AR7 JOE SOTO On March 21, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Acceptance of Contribution Agreement with Caltrans for Calle Resplendor Storm Drain (CIP No 130)„ Item No. D4. The following action was taken at the meeting: Contribution agreement with Caltrans for Capital Improvement Project No. 130, Calle Resplendor Storm Drain, in the amount of $94,970 for design and $63,000 for construction, approved. If you have any questions regarding this action, please contact Brian Perry, Project Manager at 443-6363 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Enclosed: Cc: *Susan Yee, Caltrans; Brian Perry, Project Manager prinrpr 32400 FA SF0 ADFLL-A N _ C.. s ,..;- T C SAN JUAN C-APISTZ4ANO,,�A 92675 i 93 4a * l # 4 51 ., ., _ _ h4r+P r is JOE SOTO NOTIFICATION OF MEETI OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 2, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Acceptance of Contribution Agreement with Caltrans for Calle Resplendor Storm Drain (CIP No 130)" — Item No. D4. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, March 20, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Brian Perry, Project Manager. You may contact that staff member at (949) 443-6353 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivanca istrano.or . If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas[z@san juancapistrano.org. Meg Monahan, CMC City Clerk cc: 'Susan Yee, Caltrans; Brian Perry, Project Manager * Received staff report 7'st1, 7 ir?_ " !0 S(7t7 � 12 -ORA -5 KP 1 7.4 (PM 10.8) 1-5 southbound Junipero Serra Rd on-ramp Construct drainage transition structure 12234-OG4901 District Agreement No. 12-535 CONTRIBUTION AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON 2006, is bet -ween 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" District Agreement No. 12-535 RECITALS 1 _ STATE and CITY, pursuant to Streets and Highways Code Section 114 are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of San .Tuan Capistrano. 2. CITY contemplates the construction of storm drain facility.at the I-5 southbound Junipero Serra Road on-ramp, referred to herein as "PROJECT". 3. STATE desires an improvement consisting of drainage transition structure connecting STATE's outlet drain into the CITY's storm drain at the 1-5 south bound Junipero Serra Road on-ramp, referred to herein as "IMPROVEMENTS" and has requested CITY to install IMPROVEMENTS as part of CITY's PROJECT. 4. The parties hereto intend to define herein the terms and conditions under which IMPROVEMEN"T"S are to be designed, constructed, financed, and maintained. 2 SECTION I CITY AGREES: District Agreement No. I2-535 1. To design, advertise, award, and administer the construction. contract for PROJECT and to include IMPROVEMENTS as part of PROJECT construction. 2. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles 2, 3, and 4 of Section Ili of this Agreement. 3. To construct IMPROVEMENTS in accordance with plans, specifications and estimates (PS&E) prepared by CITY, to the satisfaction of and subject to the approval of STATE. 4. To submit a billing in amount of $77,970 to STATE fifteen (15) days prior to CITY's bid advertising date of the construction contract for the PROJECT. Said the billing represent the STATE's advance deposit for estimated construction cost of $63,060 and fixed design cost of $14,970. 5. The estimated construction cost of IMPROVEMENTS is $_63.000 and such cost shall not be exceeded. unless additional funds are provided by STATE and this Agreement is amended accordingly. 6. The fixed design (PS&E) cost to prepare the IMPROVEMENTS is $14,976 and such cost shall not be exceeded. 7. Upon completion and acceptance of the PROJECT construction contract by CITY, to furnish SPATE a completed set of the entire for IMPROVEMENTS portion of the PROJECT As -built plans on a CD- ROM (MicroStation.dgn file, version 5.0 or later up through version 7). The Agn files must comply with STATE's current CADD Users Manual and Plans .Preparation Manual. 9. Upon completion of PROJECT and all work' incidental thereto, to furnish STATE with a detailed statement of the direct costs of IMPROVEMENTS to be borne by STATE. CITY thereafter shall refund to STATE, promptly after completion of CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposit required in Section lI, Article 3 remaining after the actual direct costs of IMPROVEMENTS to be borne by STATE have been deducted, or to bill STATE for ally additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. 9. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years frorn date of final payment, all records and accounts relating to the design and constriction of IMPROVEMEN'T'S. 3 SECTION 11 STATE AGREES: District Agreement No. 12-535 1. To issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the State Highway rights of way, as more specifically defined in Articles 2; 3, and 4, of Section III of this Agreement. 2. To provide, at no cost to CITY, a qualified STATE Representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property within the STATE's own right of way, and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor. 3. To pay the CITY within twenty-five (25) days of receipt of billing therefor (which billing will be forwarded fifteen (15) days prior to CITY's bid advertising date of a construction contract for PROJECT), the amount of S14,970 for design and $ 63,000 for construction, Which figures represent STATE's estimated cost of IMPROVEMENT'S work to be performed by CITY on STATE's behalf pursuant to this Agreement 4. Upon completion of PROJECT' and all work incidental thereto, to review the CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposit required in Section 11, Article 3 remaining after the actual direct costs of IMPROVEMENT to be borne by the STATE have been deducted, STATE shall receive a refund from the CITY within thirty (30) from the final accounting completed or pay additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. 4 SECTION III IT IS MUTUALLY AGREED: District Agreement No. 12-535 1. All obligations of STATE under the terms of this Agreement are subject to the State Budget Act authority, the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Construction by CITY of IMPROVEMENTS referred to herein which lie within STATE highway rights of way or affect STA'T'E facilities, shall not be commenced until an encroachment permit to CITY authorizing such work has been issued by STATE. 3. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer_ Receipt by CITY of the approved encroachment permit shall constitute CITY authorization from STATE to proceed with work to be perforated by CITY or CITY representatives within STATE rights of way or which affects. STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in said encroachment permit. 4. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects SPATE facilities_ The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT, 5. In the construction of said work, said representatives of CITY and STATE, will cooperate and consult with each other, and all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. 6, if existing public and/or private utilities conflict with the construction of IMPROVEMENTS, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal of such facilities. If there are costs of such protection, relocation, or removal which STATE and CITY must legally pay, total cost will be borne by STATE. If any protection, relocation, or removal of utilities is required, such work shall be perfonned in accordance with STATE policy and procedure. CITY shall require any utility owner per- forming relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work, 7. Upon completion of construction of IMPROVEMENTS to the satisfaction of the STATE representative, STATE will accept control of and maintain, at its own costs and expense, those portions of IMPROVEMENTS lying; within STATE's right of way. 8. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE. No further agreement will be necessary to transfer ownership to STATE. 9. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third 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. 5 10. Neither STATE nor any officer thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 11. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 12. 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. 13. This Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section 11, Article (3) of this Agreement - nn December 31, 2007, whichever is earlier in time. 6 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STILL KEMPTON Director of Transportation By: JIM BEIL Deputy District Director APPROVED AS TO FORM AND PROCEDURE: Attorney Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: FIQ Accounting Administrator 7 District Agreement No. 12-535 CITY OF SAN .YUAN CAPISTRANO By: 44Z David M. Swerdl.i , Mayor ATTEST R. Monahan, City Clerk APPROVED S TO FORM: Fay: John Sh , City Attorney 3/21/2006 AGENDA REPORT TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Engineering & Building Director SUBJECT: Consideration of Acceptance of Contribution Agreement with Caltrans for Calle Resplendor Storm Drain (CIP No. 130) RECOMMENDATION By motion, accept the Contribution Agreement with Caltrans for Capital Improvement Project No 130, Calle Resplendor Storm Drain in the amount of $14,970 for design and $63,000 for construction. _ *k ITTI TM F7 4=1 Staff is recommending that City Council accept the contribution agreement with Caltrans for Caltrans to contribute $14,970 for design and $63,000 for construction of the transition structure from a Caltrans outlet structure to the City storm drain in the vicinity of the Junipero Serra southbound on ramp. Background The City of San ,Juan Capistrano has budgeted funds this fiscal year for the design and construction of the Calle Resplendor Storm Drain Capital Improvement Project. This storm drain would parallel the existing storm drain along Calle Resplendor to Calle Lorenzo. Part of the project includes the provision of a transition structure from a Caltrans outlet structure to the City stoma drain in the vicinity of the Junipero Serra southbound on ramp. This will mitigate an on-going maintenance problem for the City. The contribution is anticipated to cover the full costs of design and construction for the transition structure. Not Applicable FINANCIAL CONSIDERATIONS Funds are budgeted in the City's Capital Improvement budget FY 2005-2006. The budget anticipates Caltrans participation in the project. Agenda Report Paae 2 NOTIFICATION The following parties received notification of this agenda item: Susan Yee, Caltrans * *Agenda report included March 21, 2006 By motion, accept the Contribution Agreement with Caltrans for Capital Improvement Project No 130, Calle Resplendor Storm Drain in the amount of $14,970 for design and $63,000 for construction. Respectfully submitted, Nasser Abbaszadeh, P.E. Engineering & Building Director Attachments: 1. Location Map 2. Proposed Contribution Agreement APrepared by, Brian Perry, P.E., Project Manager ATTACHMENT 1 12 -ORA -5 KP 17.4 (PM 10.8) 1-5 southbound Junipero Serra Rd on-ramp Construct drainage transition structure 12234-OG4901 District Agreement No. 12-535 CONTRIBUTION AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON _ , 2006, is between the STATE OF CALIFORNIA, actin; 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 ATTACHMENT 2 District Agreement No. 12-535 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 114 are authorised to enter into a Cooperative Agreement for improvements to State highways within the City of San Juan Capistrano. 2. CITY contemplates the construction of storm drain facility at the I-5 southbound Junipero Serra Road on-ramp, referred to herein as "PROJECT". . 3. STATE desires an improvement consisting of drainage transition structure connecting STATE's outlet drain into the CITY's storm drain at the I-5 south bound Junipero Serra Road on-ramp, referred to herein as "IMPROVEMENTS" and has requested CITY to install IMPROVEMENTS as part of CITY's PROJECT. 4. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be designed, constructed, financed, and maintained. 2 SECTION 1 CITY AGREES: District Agreement No. 12-535 I. To design, advertise, award, and administer the construction contract for PROJECT and to include IMPROVEMENTS as part of PROJECT construction. 2. To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles 2, 3, and 4 of Section III of this Agreement. 3. To construct IMPROVEMENTS in accordance with plans, specifications and estimates.(PS&E) prepared by CITY, to the satisfaction of and subject to the approval of STATE. 4. To submit a billing in amount of $77,970 to STATE fifteen. (15) days prior to CITY's bid advertising date of the construction. contract for the PROJECT. Said the billing represent the STATE's advance deposit for estimated construction cost of $63,000 and fixed design cost of $14,970. 5. The estimated construction cost of IMPROVEMENTS is S63,000 and such cost shall not be exceeded unless additional funds are provided by STATE and this Agreement is amended accordingly. 6. The fixed design (PS&E) cost to prepare the IMPROVEMENTS is $14,970 and such cost shall not be exceeded. 7. Upon completion and acceptance of the PROJECT construction contract by CITY, to furnish STATE a completed set of the entire for IMPROVEMENTS portion of the PROJECT As -built plans on a CD- ROM (MicroStation.d.gn file, version SA or later up through version 7). The Agn files must comply with STATE's current CARD Users Manual and Plans Preparation Manual. 8. Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the direct costs of IMPROVEMENTS to be borne by STATE. CITY thereafter shall refund to STATE, promptly after completion of CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposit required in Section II, Article 3 remaining after the actual direct costs of IMPROVEMENTS to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. 9. To retain or cause to be retained for audit by STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to the design and construction of IMPROVEMENTS. SECTION 11 STATE AGREES: District Agreement No. 12-535 1. To issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the State Highway rights of way, as more specifically defined in Articles 2, 3, and 4, of Section III of this Agreement. 2. To provide, at no cost to CITY, a qualified STATE Representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property within the STATE's own right of way, and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor. 3. To pay the CITY within twenty-five (25) days of receipt of billing therefor (which billing will be forwarded fifteen (15) days prior to CITY's bid advertising date of a construction contract for PROJECT), the amount of $14,970 for design and $ 63,000 for construction, which figures represent STATE's estimated cost of IMPROVEMENTS work to be performed by CITY on STATE's behalf pursuant to this Agreement 4. Upon completion of PROJECT and all work incidental thereto, to review the CITY's final accounting of IMPROVEMENTS costs, any amount of STATE's deposit required in Section 11, Article 3 remaining after the actual direct costs of IMPROVEMENT to be borne by the STATE have been deducted, STATE shall receive a refund from the CITY within thirty (30) from the final accounting completed or pay additional amount required to complete STATE's financial obligations pursuant to this Agreement as respects the construction costs alone. 4 SECTION III IT IS MUTUALLY AGREED. District Agreement No. 12-535 I. All obligations of STATE under the terms of this Agreement are subject to the State Budget Act authority, the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. Construction by CITY of IMPROVEMENTS referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until an encroachment permit to CITY authorizing such work has been issued by S'T'ATE. 3. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer. Receipt by CITY of the approved encroachment permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY or CITY representatives within STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in said encroachment permit. 4. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 5. In the construction of said work, said representatives of CITY and STATE will cooperate and consult with each other, and all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. 6. If existing public and/or private utilities conflict with the construction of IMPROVEMENTS, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal of such facilities. If there are costs of such protection, relocation, or removal which STATE and CITY must legally pay, total cost will be home by STATE. If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. CITY shall require any utility owner per- forming relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. 7. Upon completion of construction of IMPROVEMENTS to the satisfaction of the STATE representative, STATE will accept control of and maintain, at its own costs and expense, those portions of IMPROVEMENTS lying within STATE's right of way. 8. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE. No further agreement will be necessary to transfer ownership to STATE. Nothing in the provisions of this Agreement is intended to .create duties or obligations to or rights in third 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. 5 10. Neither STATE nor any officer thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 11. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but. not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 12. 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. 13. This Agreement shall terminate upon completion of construction of IMPROVEMENTS and upon final payment to CITY by STATE, pursuant to Section 11, Article (3) of this Agreement, or on December 31, 2007, whichever is earlier in time. Ci STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON Director of Transportation By: JIM BEIL Deputy District Director APPROVED AS TO FORM AND PROCEDURE: Attorney Department of Transportation CERTIFIED AS TO FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: HQ Accounting Administrator District Agreement: No. 12-535 CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor I:r911 Margaret R. Monahan, City Clerk APPROVED S TO FORM: Bv: John Sh , City Attorney 32400 PASEO ADELA NTO MEMBERS OF THE CITY COUNC ITIL SAN JUAN CAPISTRANO, CA 92675 j (949) 493-1171— DIANE BATHGATE WYATT HART (949) 493-10531"Ax JOE SOTO www sanivancapislrano. org fsieallss�n 776 r March 23, 2006 Ms. Susan Yee Design Department of Transportation Dist. 12 3337 Michelson Dr., Suite 380 Irvine, CA 92612 Dear Ms. Yee ®3 MEMBERS OF THE CITY COUNC ITIL SAM AL EVATO KORGO&ai[L (9 DIANE BATHGATE WYATT HART JOE SOTO DAVID M. $WERDLIN The City Council approved the Contribution Agreement for Calle Resplendor Storm Drain Capital Improvement Project No. 130 on March 21, 2006. Two fully executed, original agreements are enclosed for approval .by Caltrans. After appropriate approvals, please return (1) original executed agreement to my attention. Feel �Te to contact me with any questions at (949) 443-6309. a iwaria ypevara Deput ity Clerk cc: Brian Perry, Senior Civil Engineer Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Preserving the .Fast to Enhance the .Future CITY CLERK'S DEPARTMENT- ACTION REMINDERt; k'4tokkuc; TO: Nasser Abbaszadeh, Public Works Director SECOND REQUEST OAc(at FROM: Christy Jakl, Administrative Services DATE: December 1, 2009 SITUATION: At the March 21, 2006 meeting of the San Juan Capistrano City Council an agreement with California, Department of Transportation (Caltrans) was approved for capital improvement project No 130 - Calle Resplendor Storm Drain for design and construction services. Said agreement terminates upon completion and final payment or December 31, 2007, whichever is earlier in time. On January 22, 2007, status of project checked with Brian Perry. Notification of status will be issued again on December 1, 2007. On December 4, 2007, agreement extended to December 31, 2008 On January 16, 2009, agreement extended to December 31, 2009. ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: 01 CQi 9 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 01/15/07 12101/07 12/09/08 12/01/09 Deadline ©ate: 12/39/07 12/31/07 12/31/08 12131/09 (600.501caltrans) CITY CLERKS DEPARTMENT - ACTION REMINDER 5+ w0i t C� TO: Nasser Abbaszadeh, irector FROM: Christy 3c&k, Administrative Services DATE: December 1, 2008 At the March 21, 2006 meeting of the San Juan Capistrano City Council an agreement with California, Department of Transportation (Caltrans) was approved for capital improvement project No 130 - Calle Resplendor Storm Drain for design and construction services. Said agreement terminates upon completion and final payment or December 31, 2007, whichever is earlier in time. On January 22, 2007, status of project checked with Brian Perry. Notification of status will be issued again on December 1, 2007. On December 4, 2007, agreement extended to December 31, 2008 ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Tickler Date: 01115107 Deadline Date: 12131107 (600.501caltrans) ***POR CITY CLE'RK'S DEPARTMENT USE ONLY*** 12101107 12101108 12131107 12131108 . CITY CLERK`S DEPARTMENT - ACTION REMINDER K 'ri��t� 0-5 � � TO: I�F�'�er C-ul €rgirear FROM: Christy Swanson, Secretary DATE: December 1, 2007 SITUATION: At the March 21, 2006 meeting of the San Juan Capistrano City Council an agreement with California, Department of Transportation (Caltrans) was approved for capital improvement project No 130 - Calle Resplendor Storm Drain for design and construction services. Said agreement terminates upon completion and final payment or December 31, 2007, whichever is earlier in time. On January 22, 2007, status of project checked with Brian Perry.. Notification of status will be issued again on December 1, 2007. ACTION REQUESTED: Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 12 - ***FOR CITY CLERKS DEPARTMENT USE ONLY'' Tickler Date: 01/15/07 12/01/07 Deadline Date: 12/37/07 12/31/07 cc: Nassar Adbbaszadeh, Engineering & Building Director (600.301caltrans) CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Brian Perry, Senior Civil Engineer FROM: rk DATE: January 15, 2007 SITUATION: At the March 21, 2006 meeting of the San Juan Capistrano City Council an agreement with California, Department of Transportation (Caltrans) was approved for capital improvement project No 130 - Calle Resplendor Storm Drain for design and construction service; Said agreement terminates upon completion and final paymentr December 31, 2007, whichever is earlier in time. 6 r Please notify this office if said agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:"'--.. ---'�> s SIGNATURE OF OFFI IAS AKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 09/15/07 (to check status of project) Deadline Date: 92/31/07 cc: Nassar Adbbaszadeh, Engineering & Building Director (600.301caltrans)