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Resolution Number 92-1-21-8F9.Mm RESOLUTION NO. 92-1-21-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT BETWEEN THE CITY, STATE OF CALIFORNIA AND THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO EXPAND THE PARK AND RIDE FACILITY AT I-5 AND JUNIPERO SERRA ROAD WHEREAS, the Orange County Transportation Authority will provide funding to expand the Park and Ride Facility located at I-5 and Junipero Serra Road; and, WHEREAS, the State of California, acting by and through its Department of Transportation (CALTRANS), will prepare plans, construct and maintain the facility; and, WHEREAS, the City wishes to promote improvements which will reduce traffic and improve air quality. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby: 1. Agree that, commencing as of the date of adoption of this Resolution, the City will honor the commitments substantially in the form attached hereto as Exhibit "A." 2. Authorize the Mayor of the City of San Juan Capistrano to sign the Cooperative Agreement attached hereto as Exhibit "A." PASSED, APPROVED, AND ADOPTED this 21st day of January 1992. GIL , MAYOR ATTEST: Be 5 296 K STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of - Resolution No. 92-1-21-8 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of January , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL)+ ._ YL J N ,CITY CLERK -2- 12 -Ora -5 10.9 Park and Ride Lot on Route 5 and Junipero Serra Road 12216-014501 District Agreement No. 12-152 DRAFT Cooperative Agreement This AGREEMENT, entered into on , 1992 is between the STATE of CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and ORANGE COUNTY TRANSPORTATION AUTHORITY, a body politic in the State of California, referred to herein as "AUTHORITY". AND CITY OF SAN JUAN CAPISTRANO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". EXHIBIT "A" District Agreement No. 12-152 RECITALS 1. STATE, AUTHORITY and CITY desire State Highway improvements on Route 5 at Junipero Serra Road in the City of San Juan Capistrano; consisting of constructing a Park and Ride facility referred to herein as PROJECT*. 2. The Master Cooperative Agreement for Transportation Sales Tax Highway Projects, Measure M Freeway Program, District Agreement No. 12-127 defines the general relationships between STATE and AUTHORITY and criteria for implementing the Measure M Sales Tax Revenue Program projects. 3. STATE and AUTHORITY wish to define the specific responsibilities, terms and conditions for the funding, preliminary development, plans, specifications and estimates (PS&E) preparation, and construction of the PROJECT. 4. This agreement supersedes any prior Memorandum of Understanding relative to PROJECT and supplements and takes precedence over any conflicting terms in the Master Cooperative Agreement, District Agreement No. 12-127. _ *(See EXHIBITS for Site Location) 2 District Agreement No. 12-152 SECTION I STATE AGREES: 1. The provisions of this Section I are in addition to and take precedence over any conflicting terms in Section II of the Master Cooperative Agreement, District Agreement No. 12-127. 2. To complete all Project Preliminary and Project Development Services, prepare plans, specifications, and estimates (PS&E), contract documents, advertise and award, and administer construction contract at AUTHORITY's expense, which is not to exceed $150,000.00, without written approval of AUTHORITY. 3. To certify legal and physical control of rights-of- way in accordance with applicable State and Federal laws and regulations, prior to the advertisement for bids for construction of PROJECT. 4. To construct PROJECT, at AUTHORITY's expense, by a contract in accordance with plans and specifications, prepared and approved by STATE. 97 3: District Agreement No. 12-152 5. To provide, at AUTHORITY's expense, CONSTRUCTION MANAGEMENT SERVICES for PROJECT. 6. To consult with AUTHORITY on all change orders with an estimated cost of over $1,000 before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. 7. To provide and install on STATE and CITY right-of- way Park and Ride signs that direct motorists to the Park and Ride facility constructed on State Highway right-of-way. 8. To provide and install at the PROJECT site identification signs that: a) list the telephone number of the Regional Ridesharing Office; b) limit parking to no more than 24 consecutive hours. 9. To provide maintenance for the Junipero Serra Park and Ride Lot after acceptance of the contract including: a) daily removal of litter, trash and debris; b) weekly landscape maintenance including irrigation system repair and weed control. 10. To reimburse City for enforcement or maintenance actions necessary to accomplish 8 and 9 above in the event that State does not perform those functions within 4 District Agreement No. 12-152 one week of City notification of deficiency. 11. STATE, during PROJECT construction operations, will accept maintenance responsibility of PROJECT including those portions outside of STATE right-of-way, local roads within STATE right-of-way, and all traffic service facilities that may be required for the benefit or control of local road traffic. 12. In the event that electronic fund transfer is not available to AUTHORITY, to provide AUTHORITY monthly reports of actual expenditures compared to the monthly advances made by AUTHORITY, and to provide updated planned reimbursement schedules. The cash deposit amounts may be revised based on updated planned expenditure schedules. STATE will monitor the actual versus the planned expenditures monthly to assure that AUTHORITY's advance deposits pursuant to Section II, Article 6 will always be sufficient. 13. Upon completion of PROJECT and all work incidental thereto, to furnish to AUTHORITY with a detailed statement of the total actual costs to be paid by AUTHORITY, including the costs of any contract claims which have been allowed to STATE's contractor. 5 District Agreement No. 12-152 AUTHORITY AGREES: 1. The provisions of this Section II are in addition to and take precedence over any conflicting terms in Section I of the Master Cooperative Agreement, District Agreement No 12-127. 2. To fund one hundred (100) percent of all preliminary development, contract preparation, PS&E, construction, and the administration of the construction contract, which is not to exceed $150,000.00. 3. Not to use funds from and Federal aid program for design of PROJECT. 4. AUTHORITY's obligation for the capital costs of construction, and the administering of the construction contract shall be the actual cost, estimated to be $150,000.00, and shall not exceed this amount without the written approval AUTHORITY. E V3 District Agreement No. 12-152 5. The capital costs of construction and the costs o f CONSTRUCTION MANAGEMENT SERVICES will be paid using an electronic fund transfer procedure if available. 6. If electronic fund transfer procedure is followed for payment to STATE, that upon receipt of STATE's monthly summary listing of charges to be paid by AUTHORITY, AUTHORITY will within three (3) working days, transfer funds electronically to STATE equal to the amount requested therein. Such electronic transfer of funds shall not be construed as acceptance of said charges. Should AUTHORITY fail to make electronic fund transfer within the three day period, STATE may at its discretion, after notification to AUTHORITY, require all subsequent payments by AUTHORITY to be made as deposits in advance of incurring obligations. SECTION III CITY AGREES• 1. By City Council Resolution to donate to the STATE the necessary right-of-way parcel adjacent to the proposed 7 District Agreement No. 12-152 Park and Ride Lot. 2. To process, upon proper application and processing fee, the necessary Land Use and Development Review procedure as required under Title 9 of the CITY's Municipal Code. 3. To issue, at no cost to STATE or AUTHORITY, upon proper application by STATE, the necessary encroachment permit to STATE, and to issue, upon proper application and permit fees deposited by STATE's contractor, the necessary encroachment permits to STATE's contractor for required work on the CITY's local streets. SECTION IV. Ptaw-wnury 1. The terms of this specific project Cooperative Agreement shall supplement and take precedence over any conflicting terms in the Master Cooperative Agreement Transportation Sales Tax Highway Projects Measure M Freeway Program, District Agreement No. 12-127. E] District Agreement No. 12-152 2. The STATE shall be the Lead Agency and will provide the necessary environmental clearance. 3. All obligations of AUTHORITY under the terms of this Agreement are subject to the availability of funds to AUTHORITY, and the allocation of funds in the annual budget of AUTHORITY pursuant to PUC Section 180202. 4. AUTHORITY and STATE concur that PROJECT is a Category 3, as defined in STATE's Project Development Procedure Manual. 5. Neither AUTHORITY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority, or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and save harmless AUTHORITY, all officers and employees from all claims, suits and actions of every name, kind and description brought for or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by STATE in connection with any work, 0 District Agreement No. 12-152 authority or jurisdiction delegated to STATE under this agreement. 6. All phases of PROJECT, from inception through construction, shall be accomplished in accordance with applicable CITY, STATE and/or Federal policies, procedures, practices and standards. 7. STATE's goals for utilizing of Minority and Women's Business Enterprises (MBE and WBE) will be included in the construction contract. The contract goals will be based on a technical analysis of contract items and certified MBE/WBE subcontractors in the area. STATE will award construction contract to the lowest responsible bidder who meets the goals and who makes, in the sole judgement of STATE, a good faith effort to do SO. S. If after opening bids for PROJECT the lowest responsible bid is more than Engineer's Estimate, STATE may award the contract subject to the concurrence of AUTHORITY, and AUTHORITY's concurrence shall be within _ thirty (30) days of bid opening. This is a State Project funded by Orange County MEASURE M funds. 10 District Agreement 12-152 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA ORANGE COUNTY TRANSPORTATION Department of Transportation AUTHORITY James W. Van Loben Sels By Director of Transportation ROGER STANTON, Chairman Board of Directors By APPROVED AS TO FORM WALT H. HAGEN Chief Deputy District Director District 12 By KENNARD R. SMART General Counsel APPROVED AS TO FORM AND PROCEDURE ATTEST By Attorney Clerk of the Board Department of Transportation CERTIFIED AS TO FUNDS AND RECOMMENDED FOR APPROVAL PROCEDURE By District 12 Accounting STANLEY OFTELIE Administrator Chief Executive Officer CITY OF SAN JUAN CAPISTRANO ATTEST By By GIL JONES City Clerk Mayor 004 District Agreement No. 12-152 Note: A certified copy of the resolutions authorizing the AUTHORITY and CITY signatures must be submitted with the executed agreement. 1. site Location 12 N / SAN \ OCIINAIIOINO \ COUNTY ` w .NI- 1 jr I. • Yl� I • \ � J. OSTA I ~• r � 1 r � r / r.. SAN DIEGO • COUNTY ORANGE COUNTY ,•,R�� "'" »°"' • N•Nr,o. trr•n LOCATION HAP Showing the Subject Property in Relation to Orange County, Scale: 1" w 6 Hi. 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