11-0802_CALIF DEPT OF TRANSPORTATION_Staff MemoTO: Nasser Abbaszadeh, Public Works Director
FROM: Christy Jakl, Deputy City Clerk
August 10, 2011
RE: Cooperative Agreement, District Agreement No. 12-0641
with Caltrans/OCTA and Cooperative Agreement, District
Agreement 12-622 with Caltrans.
Attached are the following:
(5) Original agreements 12-0641 with Caltrans approved by the
City Council on August 2, 2011 and executed by the City
Manager, City Attorney and City Clerk.
(5) Original agreements 12-0622 with Caltrans approved by the
City Council on August 2, 2011 and executed by the Mayor,
City Attorney and City Clerk
Once all signatures are complete from Caltrans, please
forward one copy of each agreement to our office for our
records.
12 -Ora- 5, PM 8.519.4
In San Juan. Capistrano at
SB Camino Capistrano Ramps
Interchange and Bridge Widening
12206-OE5701, ID: 12 0000 0103
District Agreement No. 12-622
COOPERATIVE AGREEMENT
This Agreement, entered into effective on , 2011, is. between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and the
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. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 131, are authorized
to eater into a Cooperative Agreement for improvements within the City of San Juan
Capistrano, County of Orange.
2. STATE and CITY desire to have the following improvements collectively hereinafter referred to
as "PROJECT" made: constructing an auxiliary lane of the southbound Interstate 5 to Camino
Capistrano off -ramp; widening Camino Capistrano off -ramp from 2 to 3 lanes; adding a right -
turn lane on northbound Camino Capistrano to the southbound on-ramp; widening Camino
Capistrano south of the ramp from 2 to 4 lanes for approximately 800 ft, and from 2 to 3 lanes
for approximately 900 ft; adding 1 additional lane each direction of Camino Capistrano north of
the ramp; modifying affected drainage facilities and re -striping.
3. The PROJECT area is located within the jurisdiction of the San Diego Regional Water Quality
Control Board (SDRWQCB). Regulations for discharges within this area are included in the
Water Quality Control Plan for the San Diego Basin 9 (Basin Plan -September, 1994) and in the
Clean Water Act Section 401 Water Quality Certification No. 09C-034 for this PROJECT.
4. STATE intends to contribute to CITY a one time lump sum amount of $100,000 toward the
purchase and installation. by CITY of the :storm water treatment system (TREATMENT) located
on a CITY street to treat storm water runoff from the PROJECT area.
5. The parties hereto intend to define herein the terms and conditions under which contribution is
to be accomplished.
SECTION I
CITY AGREES:
To submit an invoice to STATE in the amount of $100,000 within 60 calendar days prior to
the purchase and 'installation of TREATMENT system, said invoice represents STATE's a
one-time lump sum contribution toward purchase and installation of the TREATMENT
system.
2. To install TREATMENT system per SDRWQCB certification requirements.
3. To provide traffic control for the installation of the storm water treatment system at no
additional cost to the STATE.
4. To maintain and operate the proposed TREAMENT at no additional cost to the STATE
SECTION 11
STATE AGREES:
1. To deposit with CITY within 30 calendar days of receipt of invoice in the amount of
$100,000, said invoice represents STATE's a one-time lump sum contribution toward
TREATMENT construction.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the allocation
of any funds by the CTC.
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 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, tortious,
contractual, inverse condemnation and 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 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, tortious,
contractual, inverse condemnation and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this Agreement.
4. No alteration of the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto and no oral understanding or agreement not incorporated herein shall be
binding on any of the parties hereto.
5. This Agreement shall terminate upon satisfactory completion of all construction obligations
of CITY and the concurrence of STATE, or on January 30, 2013, whichever is earlier in time
except for those provisions which relate to indemnification, ownership, operation, and
maintenance, which shall remain in effect until terminated or modified in writing by mutual
agreement.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
Frank Lin
Acting Deputy District Director
Capital Projects Outlay Program
APPROVED AS TO FORM AND PROCEDURE:
By:
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS:
_:
Neda Saber
District Budget Manager
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
By: Lw— Kr)
CITY Attorney
FAV -681
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By: DATE;: k
Accounting Administrator
TREATMENT COST ESTIMATE
PHASE
FUNDLNG I TOTAL
STATE
CITY
CONSTRUCTION
$100,000
$0$100,000
... .. ............ . . ... ....... ............. ---
8/2/2011
AGENDA REPORT D7
p
TO: Karen P. Brust, City ana
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Approving Two Cooperative Agreements with
CalTrans for Transfer of a Grant for the Design Phase of Ortega
Highway and 1.5 Interchange Project; and Placement of
Water Quality Treatment System
RECOMMENDATION
By motion, approve two Cooperative Agreements between the City and CalTrans
to:
1) Transfer $2.5M OCTA grant to CalTrans for the design phase of Ortega and
1-5 Interchange project and authorize the City Manager to execute the
agreement; and,
2) Receive $100,000 from CalTrans for placement of treatment systems into City
catch basins near Camino Capistrano On/Off ramps.
Situation:
I. Ortega and 1-5 "Interchange" Project
When the Interchange project was in the planning stage, the City applied for a
grant for the design phase of the project and received $2.5M through Orange
County Transportation Authority (OCTA). The early indications were that the
project design would be handled by consulting engineers.
At the conclusion of the environmental clearance process, CalTrans decided to
design the project in-house and not utilize consulting services. Since the City
can't utilize the grant funding, it may be transferred to CalTrans to cover design
expenses.
The Cooperative Agreement will enable CalTrans to submit invoices to the City,
where we will in turn submit to OCTA for reimbursement. Upon receipt of
payment from OCTA, the City will issue checks in the same amount to CalTrans.
2. Camino Capistrano On/Off-Ramp Project — Water Quality Treatment
Agenda Report
Page 2
August 2, 2011
Camino Capistrano On/Off Ramp project is currently under construction. The
current Water Quality requirements dictate that any post -construction discharges
need to be treated prior to its discharge into waters of the United States.
Since part of the post -construction discharges will end up in City owned and
maintained catch basins, CalTrans has agreed to pay the City a sum of $100,000
for installation and maintenance of treatment systems in four catch basins.
The Cooperative Agreement enables the City to submit an invoice in the amount
of $100,000 to CalTrans sixty days prior to the purchase and installation of the
catch basin treatment system.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
NIA
FINANCIAL. CONSIDERATIONS
There is minor financial impact to the City with staff time in processing
paperwork.
NOTIFICATION
Nooshin Yoosefi, CalTrans Project Manager (Notification was sent via e-mail.)
Agenda Report August 2, 2011
Page 2
RECOMMENDATION
By motion, approve two Cooperative Agreements between the City and CalTrans
to:
1) Transfer $2.5M OCTA grant to CalTrans for the design phase of Ortega and I-
5 Interchange project and authorize the City Manager to execute the agreement;
and,
2) Receive $100,000 from CalTrans for placement of treatment systems into City
catch basins near Camino Capistrano On/Off ramps.
Respectfully submitted,
Nasser Abbaszadeh, P.E.
Public Works Director.
Attachments:
1. Cooperative Agreement ($2.5M)
2. Cooperative Agreement ($100,000)
12 -ORA -74 PM 0.00/1 .60
EA OE310, ID -12-0000-0102
District Agreement No. 12-0641
COOPERATIVE AGREEMENT
Contribution Only
This agreement, effective on , 2011 is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
San Juan Capistrano City, referred to as "CITY".
RECITALS
1. CALTRANS and CITY, collectively referred to as PARTNERS, are authorized to enter
into a cooperative agreement for improvements to the SHS per Streets and Highways
Code sections 114 and 130.
2. CALTRANS is preparing a Plans, Specifications, and Estimate (PS&E) package for a
project that involves reconstruction of the interchange at State Route 74 and Interstate 5
in the City of San Juan Capistrano; referred to as PROJECT.
3. Orange County Transportation Authority (OCTA) has allocated $2,500,000 of Measure
M funds to CITY for Design Engineering of PROJECT.
4. CITY request CALTRANS to administer PROJECT and will contribute funds to
PROJECT. Contributed funds will be used for the design support cost.
5. PARTNERS now define in this agreement the terms and conditions of this contribution.
RESPONSIBILITIES
6. CALTRANS is the SPONSOR and .IMPLEMENTING AGENCY for PROJECT.
7. CITY is a FUNDING PARTNER contributing a fixed amount towards PROJECT.
DEFINITIONS
FUNDING PARTNER — A,partner who commits a defined dollar amount.
IMPLEMENTING AGENCY — The partner responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
PARTNERS — The term that collectively references all of the signatory agencies to this
agreement: This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
partner's individual actions legally bind the other partners.
ATTACHM NT 1
SPONSOR — The partner that accepts the obligation to secure financial resources to fully fund
PROTECT. This includes any additional funds beyond those coznxnitted in this agreement
necessary to complete the full scope of PROJECT defined in this agreement or settle claims.
SCOPE
S. CALTRANS is responsible for all work for PROJECT.
COST
9. CITY will contribute a fixed amount of $2,500,000 of Measure M funds, in lump sum
payment.
10. If federal funds are being contributed as part of this agreement, CALTRANS will
administer all federal funds.
11. CALTRANS will submit invoices to CITY upon execution of this agreement and the
CITY will forward the same to OCTA.
12. CITY will pay CALTRANS within 30 calendar days of receipt of the funds from OCTA.
GENERAL CONDITIONS
13. All obligations of CALTRANS under the terms of this agreement are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
14, 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 CALTRANS
under or in connection with any work, authority, or jurisdiction conferred upon
CALTRANS or arising under this agreement. It is understood and agreed that,
CALTRANS 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
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 CALTRANS under this agreement.
15. This agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding or writings pertaining to PROJECT.
16. This agreement will terminate upon receipt of the full payment from CITY to
CALTRANS-
However, all indemnification provisions will remain in effect until terminated or
modified in writing by mutual agreement.
2
SIGNATURES
PARTNERS declare that:
1. Each partner is an authorized legal entity under California state law.
2. Each partner has the authority to enter into this agreement.
3. The people sighing this agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA. CITY OF SAN JUAN CAPISTRANO
DEPARTMENT OF TRANSPORTATION
By:
Frank Lin
Acting Deputy District Director
Capital Projects Outlay Program
CERTIFIED AS TO FUNDS:
Neda Saber
District Budget Manager
3
M.
Karen P. Brst
Manager
APPROVED AS TO FORM:
By:
Omar San oval
Attorney
ATTEST:
Maria Morris
Clerk
12 -Ora- 5, PM 8.519.4
In San Juan Capistrano at
SB Camino Capistrano Ramps
Interchange and Bridge Widening
12206-OE5701, ID: 12 0000 0103
District Agreement No. 12-622
COOPERATIVE AGREEMENT
This Agreement, entered into effective on' , 2011, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and the
CITY OF SAN JUAN CAPISTRANO, a body politic and a
municipal corporation of the State of California, referred to herein as
A
.. .. ._,
ATTACH ENT 2
1. STATE and CITY, pursuant to Streets and Highways Code sections 73 and 131, are authorized
to enter into a Cooperative Agreement for improvements within the City of San Juan
Capistrano, County of Orange.
2. STATE and CITY desire to have the following improvements collectively hereinafter referred to
as "PROJECT" made: constructing an auxiliary lane of the southbound Interstate 5 to Camino
Capistrano off -ramp; widening Camino Capistrano off ramp from 2 to 3 lanes; adding a right -
turn lane on northbound Camino Capistrano to the southbound on-ramp; widening Camino
Capistrano south of the ramp from 2 to 4 lanes for approximately 800 ft, and from 2 to 3 lanes
for approximately 900 ft; adding 1 additional lane each direction of Camino Capistrano north of
the ramp; modifying affected drainage facilities and re -striping.
3. The PROJECT area is located within the jurisdiction of the San Diego Regional Water Quality
Control Board (SDRWQCB). Regulations for discharges within this area are included in the
Water Quality Control Plan for the San Diego Basin 9 (Basin Plan -September, 1994) and in the
Clean Water Act Section 401 Water Quality Certification No. 09C-034 for this PROJECT.
4. STATE intends to contribute to CITY a one time lump sum amount of $100,000 toward the
purchase and installation by CITY of the storm water treatment system (TREATMENT) located
on a CITY street to treat storm water runoff from the PROJECT area.
5. The parties hereto intend to define herein the terms and conditions under which contribution is
to be accomplished.
SECTION I
CITY AGREES:
1. To submit an invoice to STATE in the amount of $100,000 within 60 calendar days prior to
the purchase and installation of TREATMENT system, said invoice represents STATE's a
one-time lump sura contribution toward purchase and installation of the TREATMENT
system.
2. To install TREATMENT system per SDRWQCB certification requirements.
3. To provide traffic control for the installation of the storm water treatment system at no
additional cost to the STATE.
4. To maintain and operate the proposed TREAMENT at no additional cost to the STATE
P)
SECTION It
STATE AGREES:
To deposit with CITY within 30 calendar days of receipt of invoice in the amount of
$100,000, said invoice represents STATE's a one -tune lump sure contribution toward
TREATMENT construction.
SECTION III
IT IS MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature, State Budget Act authority, and the allocation
of any funds by the CTC.
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 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, tortious,
contractual, inverse condemnation and 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 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, tortious,
contractual, inverse condemnation and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this Agreement.
4. No alteration of the terms of this Agreement shall be valid unless made in writing and signed
by the parties hereto and no oral understanding or agreement not incorporated herein shall be
binding on any of the parties hereto.
S. This Agreement shall terminate upon satisfactory completion of all construction obligations
of CITY and the concurrence of STATE, or on January 30, 2013, whichever is earlier in time
except for those provisions which relate to indemnification, ownership, operation, and
maintenance, which shall remain in effect until terminated or modified in writing by mutual
agreement.
3
STATE OF CALIFORNIA(71017V t; V SA;N JUAN C.AVIS`I"RANO.
DEPARTMENT OIC TRANSPORTATION
By:
Frank Lin
Acting Deputy District Director
Capital Projects Outlay Program
APPROVED AS TO FORM AND PROCEDURE:
By:
Attorney
Department of Transportation
CERTIFIED AS TO FUNDS:
B v:
Neda Saber
District Budget Manager
By:
CITY Mayor
APPROVED AS TO FORM:
By: Lw— x f
CITY Attorney
ATTEST:
By.-
CITY
y:CITY Clerk
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By:
Accounting Administrator
4
�l7.1-a
TREATMENT COST ESTIMATE
PHASE FUNDING TOTAL
STATE
CITY
CONSTRUCTION $1.00,000
$0 $100,000
5
Kristen Lewis
From:
Nasser Abbaszadeh
Sent:
Thursday, July 28, 2011 2:37 PM
To;
Kristen Lewis
Cc:
Lindsey Mannan
Subject:
FW: Camino Cap project City council mtg
FYI
Public Works Department Mission Statement
"To enhance the quality of life and preserve the City's heritage and charm through timely response, effective
design, environmental sensitivity, and infrastructure maintenance. "
From; Nasser Abbaszadeh
Sent: Tuesday, July 12, 20113 -,57 PM
To: 'Nooshin Yoosefi'
Cc: Tracey Lavelle
Subject: RE: Camino Cap project City council mtg
Please see below..
Public Works Department Mission Statement —
"To enhance the quality of life and preserve the City's heritage and charm through timely response, effective design,
environmental sensitivity, and infrastructure maintenance."
-----Original Message -----
From: Nooshin Yoosefi [mailto:nooshin_yoosefi@dot.ca.gov]
Sent: Tuesday, July 12, 20112:37 PM
To: Nasser Abbaszadeh
Cc: Tracey Lavelle
Subject: RE: Camino Cap project City council mtg
Hi Nasser,
We are trying to keep the July 19 presentation; however, we need until Friday, July 15 AM to submit the presentation
material to city.
Please get it to us as soon as you can. Also, please include a timeline for the project.
Also, the 15/SR 74 presentation is on August 16, not August 2 (per our previous correspondence).
01(, thanks.
Is the Measure M coop for $2.5M going to be on the agenda for July 19 as well? Please advise.
Both Agreements will be on the 8/2/11 agenda.
Thanks so much
NOOSHIN YOOSEFi, PE, PMP
California Department of Transportation, District 12 Project Manager
Office: (949) 724-2131, Cell: (949) 279-9367
Fax: (949) 440-4465
SAN JUAN CA lS_RANOr CA 9267155
(94.9) 03-4171
(949) 493-1053 FAXwww.,vanjaresncGrpastrano.org
CITY COUNCIL MEETING
MINUTE EXTRACT
-ry CC
tAUPF FRE.ESE
CARRY KF T,VER
Ag
Re ular Meeting of the City Council of the. City of San Juan apist an o0 Paseoa wash held
on August 2, 2011 at 6:00 p.m, in the City Council Chamber,
San Juan Capistrano, California with Mayor pro tem Kramer presiding.
ROLL CALL
Reeve, Taylor and Mayor pro tem Kramer
PRESENT: COUNCIL MEMBERS: ABSENT:
ABSENT: COUNCIL MEMBER: y .
roving Two Cooperative
EXTRACT OF: Consent Calendar
ofa Grant for theDesign
ds.�Consideration
App
Phase of Ortega Highway
Agreements with CalTrans for Tr
and 1-5 Interchange Project; and Placement of Water Quality Treatment System.
Council Action: Moved by Council Member Freese, seconded by Council Member Taylor,
C rove Cooperative Agreements with
and carried 4-1, with Mayor Allevato absent, to appCa
CalTrans to transfer $2.5M Orange County TransportationAuthority
systems (OCTA) t catchrbasins
receive $1o,000 from CalTrans
eld forrthe designent of phaseof Ortega and I-5 Interchange
near Camino Capistrano on/off ampsan
project, authorizing the City Manager to execute.
ROLL CALL:
AYES: Council Members: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES Council Members: None
ABSENT: Council Members: Mayor Allevato
California, do hereby certify that
I, Maria Morris, City Clerk of the City of of thean an Capistrano,
M �� e Entry on record in the City Clerk's office.
the foregoing is a true and correct copy roved by the City Council of the City of San Juan
Said Minutes have not been officially app
Ca i trap, , as of August 3, 20'1'1.
IN VIII NSS WHEREOF, I hereunto set my hand and
Juan! ,p trano,�Cali ifornia this 3 day of August, 2011
M,h `oris, City Jerk
San Juan Capisirano
affix the official seal of the City of San
reset'ving the Fast to Enhance the T - t rc-