11-0802_CALIF DEPT OF TRANSPORTATION_Cooperative Agr12 -Ora- 5, PM 8.5/9.4
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 ongrNo� —9-(0 , 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
1
RECITALS
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 stone water treatment system (TREATMENT) located
on a CITY street to treat storm water runoff from the PROJECT area.
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.
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
2
SECTION II
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.
I
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: 6av-,f - 4
F++ Frank Lin
Acting Deputy District Director
Capital Projects Outlay Program
FORM AND PROCEDURE:
Attorney
Department of Transportation
CERTIFIED AS TOFUNDS:
Neda I: ✓`L�� J �� a
Saber'-
District Budget Manager
CITY OF SAN JUAN CAPISTRANO
APPROVED AS TO FORM:
ATTE
LE
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By: M
Account4l4min at8r
I
DATE: i
TREATMENT COST ESTIMATE
PHASE FUNDING TOTAL
STATE
CITY
CONSTRUCTION 1 $100,000
$0 $100,000
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
CITY COUNCIL MEETING
MINUTE EXTRACT
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURAPREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
A Regular Meeting of the City Council of the City of San Juan Capistrano, California was held
on August 2, 2011 at 6:00 p.m. in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano, California with Mayor pro tem Kramer presiding.
ROLL CALL
PRESENT: COUNCIL MEMBERS: Freese, Reeve, Taylor and Mayor pro tem Kramer
ABSENT: COUNCIL MEMBER: Mayor Allevato
EXTRACT OF: Consent Calendar D7: 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.
Council Action: Moved by Council Member Freese, seconded by Council Member Taylor,
and carried 4-1, with Mayor Allevato absent, to approve Cooperative Agreements with
CalTrans to transfer $2.5M Orange County Transportation Authority (OCTA) to CalTrans to
receive $100,000 from CalTrans for replacement of treatment systems into city catch basins
near Camino Capistrano on/off ramps and for the design phase of Ortega and 1-5 Interchange
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
I, Maria Morris, City Clerk of the City of San Juan Capistrano, California, do hereby certify that
the foregoing is a true and correct copy of the Minute Entry on record in the City Clerk's office.
Said Minutes have not been officially approved by the City Council of the City of San Juan
Ca{,i tran,Q, as of August 3, 2011.
WHEREOF, I hereunto set my hand and affix the official seal of the City of San
no,,California this d day of August, 2011.
, City
San Juan Capistrano: Preserving the Past to Enhance the Future