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14-0121-Agreement to Reimburse - Orance Country Tranportation Authority10 REIMBURSEMENT PAYMENT TO ORANGE COUNTY TRANSPORTATION AUTHORITY IN THE AMOUNT OF $16,094.78 FOR TREE TRIMMING SERVICES AT THE SAN JUAN CAPISTRANO TRAIN STATION, APPROVED (600.50) Council Member Taylor abstained himself due to proximity to his residence ROLL CALL: AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ABSTAINED: COUNCIL MEMBER Byrnes, Reeve, Kramer and Mayor Allevato None None Taylor V__ PROGRAM SUPPLEMENT AGREEMENT NO. 011-N1 REVISION 1 TO ADMINISTERING AGENCY -STATE AGREEMENT NO. 12-5372R FOR THE CAMINO CAPISTRANO REHABILITATION FROM SAN JUAN CREAK,ROAD O LA ZANJA STREET ESPL 5372 (012) PROJECT, APPROVE{; AND, SOLUTION 14-01-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE CI COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO-"' CALIFORNIA, AUT RIZING THE MAYOR TO EXECUTE ALL PROGRAM -I UPPLEMENTAL AGREE ENTS AND/OR ANY AMENDMENTS THtRETO TO THE ADMINIS NG AGENCY -STATE AGREEMENT 12-5372R FOR THE CAMINO CA STRANO REHABILITATION FROIV AN JUAN CREEK ROAD TO LA ZANJA REET ESPL 5372 (012) PROCT WITH THE CALIFORNIA DEPARTMENT O `TRANSPORTATION° (60950) PUBLIC HEARINGS: CONTINUED CONSIDERATI THE REPORT, GENERAL PLAN A DMENT ARCHITECTURAL CONT F�L C) MODIFICATION (GPM) 101 FOR A PROJECT (440.25/460) /410,60) —ITEM FINAL ENVIRONMENTAL IMPACT (GPA) 12-02, REZONE (RZ) 12-01, 12-13, AND GRADING PLAN BICHO SAN JUAN APARTMENTS kENIED Public Correspgf Bence: Todd Cunningham, Woodbridge Pacific Group; Gila Jones, City resident; Shelly Welcome, City resident and Katrina Reiter, City resident. ,=f William amsey, Assistant Development Services Direc r, provided a Powe pint presentation and responded to questions. r Allevato opened the public hearing and invited testimony. Public Testimony: The following individuals spoke in favor. Jon Volzke, City resident; and Rob Williams, City resident. 4 1/21/2014 dµ`" 1/21/2014bob - 50 D10 City of San Juari,7capistrano Agen port TO: Karen P. Brust, City �n r cwt" FROM: Keith Van Der Maaten, E., Public Works and Utilities Director Prepared by: Steve Kooyman P.E., Assistant Public Works Director DATE: January 21, 2014 SUBJECT: Consideration of Reimbursement Payment to Orange County Transportation Authority for Tree Trimming Services at the San Juan Capistrano Train Station RECOMMENDATION: By motion, 1. Authorize a reimbursement payment to Orange County Transportation Authority in the amount of $16,094.78. EXECUTIVE SUMMARY: The City and Orange County Transportation Authority (OCTA) entered into a Lease Agreement on June 9, 1983 (Enclosure to Attachment 1), in order to facilitate the landscape beautification within the historic downtown area within the railroad Right -of - Way. On February 1, 2013, staff was notified by the OCTA that tree trimming was required to be performed by the City for palm trees that exist within the Lease Agreement area that presented a health and safety issue for the railway. Staff received a cost estimate from West Coast Arborists, Inc. (WCA), the City's current tree trimming contractor, in the amount not to exceed $40,000. Concurrently, OCTA received a quote from its tree trimming contractor, Joshua Grading and Excavating, Inc. (Joshua), to perform the work in the amount not to exceed $17,000; a considerable cost savings to the City. Thereafter, the City agreed to have OCTA's contractor perform the work at a much reduced cost to the City and provide reimbursement for its services. As OCTA had night work already scheduled for October, to cause minimal disruption to the businesses in the Historic Los Rios District, staff and OCTA mutually agreed to proceed with the work during the scheduled night work that was already planned. Staff recommends a reimbursement payment to OCTA in the amount of $16,094.78 for the tree trimming work associated with the Lease Agreement area within the railroad Right -Of -Way. City Council Agenda Report January 21, 2014 Page 2of2 DISCUSSION/ANALYSIS: Not applicable. FISCAL IMPACT: There is sufficient funding in the Fiscal Year 2013/2014 operating budget to reimburse OCTA for the tree trimming services provided. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Orange County Transportation Authority ATTACHMENT(S): Attachment 1 - Letter from Orange County Transportation Authority Attachment 2 - Orange County Transportation Authority Invoice Attachment 3 - Location Map OCTA TILE COPY BOARD OF DIRECTORS February 1, 2013 Gregory T. Winterbottom Chairman Shawn Nelson Mr. David Hubler, Public Works Manager Vice Chairman City of San Juan Capistrano Patricia Bates 32400 Paseo Capistrano Director San Juan Capistrano, CA 92675 Lori Donchak Director Re: The City of San Juan Capistrano's Landscaping Improvements on Orange County Gail Eastman Transportation Authority -owned Property Director Matthew Harper Dear Mr. Hubler: Director Michael Hennessey The Orange County Transportation Authority (OCTA) has received several calls from Director businesses, located in the City of San Juan Capistrano, reporting falling debris from Steve Jones nearby palm trees. These trees are located on OCTA -owned railroad right -of -wait Director (ROW) near the train station (see attached photos). Jeffrey Lalloway Director In accordance to an OCTA Lease Agreement, dated July 1, 1983, between the City of Gary A. Miller San Juan Capistrano (Lessee) and Atchison, Topeka, and Santa Fe Railway _(Lessor), Director which was succeeded in interest by OCTA , the City of San Juan Caq(�,trano is John Moorlach responsible to maintain their landscaping in the Leased Premises, which includes the Director aforementioned palm trees, in a safe, sanitary and slightly condition (see`attached At Murray Lease). Director Janet Nguyen Therefore, please arrange to have the palm trees and any other overgrown vegetation Director within the Leased Premises maintained accordingly. Please contact Metrolink, the Miguel Pulido Commuter Operator for the ROW, to obtain a Right of Entry Permit prior to starting the Director maintenance work. Here is Metrolink's contact information: Tim Shaw Director Christos Sourmelis I Metrolink ROW Crossings Coordinator Todd Spitzer 909-394-3418 Office Director 909-592-4152 fax Frank Ury Director Should you have any questions regarding this matter, please call me at Ryan Chamberlain (714) 560-5737 or email bmockCab-octa.net. If necessary, we would be happy to meet Ex -Officio Member you or your designee at the Leased Premises. Sincerely CHIEF EXECUTIVE OFFICE Will Kempton;/ DEPARTMENT Executive Officer III MOG PUBLIC WORKS CS Senior Real Property Agent c: Gerald Smith, Sr. Right -of -Way Administrator FEB 4 2013 Joe Gallardo, Manager, Real Property Enclosures QQ,, CITY OF Orange County Transportalio �luN JUAN CAPS ATTACHMENT 1 550 South Main Street /P 0. Box 14184 /Orange /California 92863-1584/(714) 560-C Form 1614 9fandcH (AVVM *d br Q+Oeen1 Betio w) LEASE OF LAND, (Short Term) THIS LEASE, Made as of the - 9th day of June between Atchison Topeka and Santa Fe Railway a corporation (hereinafter called "Lessor"), and City of San Juan Capistrano (hereinafter, whether one party or more, called "Lessee"), WTSSETIL That the parties hereto for the considerations hereinafter expressed covenant and agree as follows 1. Lessor hereby leases to Lessee, subject to the rights and easements hereinafter excepted and re- served, and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near San Juan Capistrano , County of Orange State of California , outlined in red coloring on the print hereto at, tached, No. 5-00068 July 15, 1983 marked "Exhibit A" and made a part hereof, for a term beginning on tau l®V 1---. , 19 -aa, and ending when this lease shall be terminated as hereinafter provided, 2. Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any others who have obtained or may obtain permission or authority from Lesser so to do, (a) to operate, maintain, re. new and relocate any and all existing pipe, power, and communication lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and (b) from time W time to construct, operate,, maintain, renew and relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Premises by Lessee for the purpose specified in paragraph 6 hereof. S. Lessee shall pay to Lessor as rental for the use of the Premises the sum of -0- year , payable in advance. Said rental shall be subject to revision at five (5) year inter M 4. Lessee covenants and warrants that Lessee either owns, or has obtained from the owner or owners thereof the right to use, any improvements now on the Premises shown or described on said Ex- bibit A as "Lessee's Existing Improvements." Such improvements, if any, together wth any other Lm- provements hereafter placed upon the Premises by or for account of Lessee are hereinafter called "Im. provements." 5. Lessee shall pay before the same became delinquent all taxes, charges, rates, and assessments which may, during the term of this Tense, be levied upon, or assessed against, or be equitably chargeable to or assessed in respect of the Improvements; and where any such tax, rate, charge, or assessmentmay be embraced In the general amount of taxes charged upon the Premises separately or in connection with other property of Lessor and. Lessor shall pay all of said taxes, then Lessee shall promptly repay or re. fund to Lessor the amount or part of the tax, charge, rate or assessment equitably or fairly apportion- able to the Improvements. 6. Lessee shall use the Premises exclusively as a site for 1 a n r1 c r a Rte$ 7. Lessee shall keep and maintain the Premises and Improvements in such safe, sanitary, and sightly condition as shall be satisfactory to Lessor, and, if required by Lessor, shall paint the Improve- ments with paints of a calor approved by Lessor; and if Lessee fails or refuses within fifteen (15) days after receipt of any request by Lessor so to do, Lessor may, at its option, perform such work, and in such event Lessee shall within thirty (iii) days after the rendition of bill therefor reimburse Lesaor for the cost so incurred.. S. In using the Premises, and in constructing, maintaining, operating and using the Improvements thereon, Lessee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders, or regulations of any governmental body having jurisdiction thereover. In the event the Premises or improvements shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Lessee shall comply with all applicable regulations and recommendations from time to time promulgated by the Bureau of Explosives of the Association of American Railroads, or any successor agency. All artificial lighting in pump houses, warehouses, or other enclosures upon the Prem- ises, where oil or other inflammable fluid supplies are handled or stored by Lessee, except in unbroken original containers, shall be by electricity, and such electrical installation and any other electrical in- stallation upon the Premises shall at all times conform to and be maintained in accordance with the pre- visions of the then current edition of the National Electrical Code with respect to Class I hazardous loca- tions. Lessee shall promptly pay and discharge any and all liens arising out of any construction, altera- tion or repair work done, or suffered or permitted to be done, by Lessee on the Premises, and %ressor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the :Premises; provided, however, that the failure of Lessor to take any such action shall not relieve Lessee of any obligation or liability under this or any other paragraph hereof. 9. Lessee agrees to indemnify and save harmless Lessor against all.loss, damage or expense which Lessor may sustain, incur or become liable for, including loss of or damage to property or injury to or death of persons and fines or penalties imposed upon or assessed against Lessor, arising in any manner out of (a) the use of the Premises or Improvements by Lessee, (b) any breach by Lessee of the terms, covenants or conditions in this instrument contained, or (c) the soIe or contributing acts or omissions of Lessee or the employes, agents, patrons or invitees of Lessee in, on or about the Premises or Improve- ments, except that if Lessor shall participate in any such contributing acts or omissions, then the loss, dam- age or expense arising therefrom shall be borne by the parties hereto equally. 10. Lessee shall at all times keep a space of sins (6) feet from the nearest rail of any railroad track en- tirely clear of structures, material and obstructions of every sort and shall observe an overhead clearance of not less than twenty-five (2 5) feet above the top of rail; but, nevertheless, for convenience in handling freight to and £corn cars on any railroad track serving the Premises, the Lessee may install, use and main- tain (a) loading or unloading cranes or other devices not nearer than six (6) feet from the nearest rail of such track and no part of which shall at any time project or extend in the direction of such track except when crane or device is being used for loading or unloading freight and (b) platforms which shall be not more than three (3) feet and six (6) inches higher than the top of the rails, and which at no point shall be nearer than four (4) feet to the nearest side of the head of the nearest rail of such track; provided, how- ever, if by statute or order of competent public authority different clearances shall be required, then Lessee shall strictly comply with such statute or order. Irrespective of anything in Section 9 hereof contained, in case of a breach of the obligations contained in this Section 10, or of any of them, Lessee assumes and agrees to indemnify Lessor against all liability for loss, damage, injury and death resulting therefrom,_ and to reimburse Lessor for any stuns which Lessor may have been required to pay in the way of damages, - fines, penalties or other expense resulting, in whole or in part from the failure of Lessee, to comply with any of the provisions hereinabove in this Section. 10 contained. It. Neither Lessee, nor the heirs, legal representatives, successors or assigns of Lessee, nor any sub- sequent assignee, shall underlease or sublet the Premises or the Improvements, or any part thereof, nor assign or transfer this lease or any interest herein,, without the written consent and approval in each instance of Lessor. 12. In case of the eviction of Lessee by anyone owning or claiming title to or any interest in the Premises, Lessor shall not be liable to Lessee for any damage of any nature whatsoever, or to refund any rental paid hereunder, except the proportionate part of any rental paid in advance. 13. If any rental hereunder shall be due and unpaid, or if default shall be made in any of the cove- nants or agreements of Lessee herein contained, or in ease of any assignment or transfer of this lease by operation of law, Lessor may, at its option, terminate this lease by serving five (5) days' notice in writ- ing upon Lessee; but any waiver by Lessor of any default or defaults shall not constitute a waiver of the right to terminate this lease for any subsequent default or defaults. 14. This lease may be terminated at any time by either party by serving thirty (30) days' written notice of termination upon the other party, stating therein t e date that such termination shal take place, and upon the expiration of the time specified in such notice this lease and all rights of Lessee here- under shall absolutely cease and determine; but upon any such termination Lessee shall be entitled to have refunded by Lessor a proportionate part of any rentals paid in advance. 16: Any notice hereunder to be given by Lessor to Lessee shall be deemed to be properly served ' if it be deposited in the United States mail, postage prepaid, addressed to Lessee at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 Any notice to be given hereunder by Lessee to Lessor shall be deemed to be properly served if the same be deposited in the United States mail, postage prepaid, addressed to Lessor's _Atch i son 1 Topeka and Santa Fe Railway at 1 Santa Fe Plaza, 5200 Sheila Street, Lo-s-Znael es.California -- - 16. Upon the termination of this lease in any manner herein provided, Lessee shall forthwith sur- render to Lessor the possession of the Premises and shall remove the Improvements and restore the Premises to substantially the state in which they were prior to the construction of the Improvements, and in case Lessee shall fail within thirty (30) days after the date of such termination to make such removal or restoration, then Lessor may, at its election to be exercised within thirty (30) days thereafter, either remove the Improvements and restore the Premises for the account of Lessee, and in such event Lessee shall within thirty (80) days after the rendition of bill therefor reimburse Lessor for the cost so incurred, or may take and hold the Improvements as its sole property. 17. If Lessee fails to surrender to Lessor the Premises, upon any termination of this lease, all the liabilities and obligations of Lessee hereunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Lessee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of ter- mination or the date, if later, when the Improvements are removed and the Premises restored or Lessor elects to take and hold the Improvements as its sole property as hereinabove in paragraph 16 provided. 18. In the event that Lessee consists of two or more parties, all the covenants and agreements of Lessee herein contained shall be the ,joint and several covenants and agreements of such parties. Ia. All the covenants and agreements of Lessee herein contained shall be binding upon the heirs, legal representatives, successors and assigns of Lessee, and shall inure to the benefit of the successors and assigns of Lessor. IN WITNESS WH1 RETE, This lease has been duly executed in duplicate by the parties hereto as of the day and year first above written. Approved as to description: Chief Engineer. Approved as to Form: JAmes S.S. Okazaki, City A orney "..ft -V% 4MN, TOPEKA AND SANTA FE RAILWAY GIMPANY By Manager L. MARY ANN&HOVER, CI'T'Y CLERK CITY OF AN JUAN CAPISTRANO — (Attach print here.) (Lessor) (Lessee) . CANCELLATION AND SURRE gDER The parties mntnaBy agree that the foregoing lease is hereby canceRed as of the.. day o 19--, and the prem therein dem=bed surrendered to the Lesrwr. Dated fh;■ f. 18r.....� ---day of.— BY its (Lasaor). w f C Ptoo ^ Y ao v � O Cs C7 a r� rA A U o� ' t i M ,1 x�N�# ?-1677 I A J W 0 C rvc97 3 UI � � �, •,fes R.7� tr—in [.) •' I ! ai :n 1 'v r m I? C n Zm a n a O ° is°xsz > < < D n Om =mx<o m n ° ° m z <y m ;> o x z 2. m 6) I i m m 0 � Z 1O! n n x�N�# ?-1677 I A J W 0 C rvc97 3 UI � � �, •,fes R.7� tr—in [.) 1v 14i9 X08.98 r� I ! i / ) 46 r(+�y� � 1 6 �` �i�L•, ti• R i� ! ;1.� , k[r AAA'.�5� t.Y+ -Sl E 1 . ! ��]` � '•fie r. � --'fir 3 .Y r ' � r �. �'�� t •' � "� � � 5 + - r..a .F�r, �� r •�v ! �"�L ��s� fir, .. ,�', l �� ;, . 1 S� �I } �. ' � `�I�i�l�`I' 11,1• ..+ , � , `- 'may '"w�LS W 71 x i�x• R•i• 3c- �� Y-.. IV AS f to t•` .,u� 1.4 If .ft a�� ' • . �r'�ti �. RFs. � � �' "�"Y,�,�' „rt� � � � °A" 1x• 1 � �'Y sip �r� � %• m 1 �� v �• R �,� * .. 111 .�•.�' 'may '"w�LS W 71 x i�x• R•i• 3c- �� Y-.. IV AS f to t•` .,u� m OCTA AFFILIATED AGENCIES: Orange County Transit Local Transportation Authority. Service Authority for Freeway Emergencies. Service Authority for Abandoned Vehicles. Consolidated Transportation Service Agency. Congestion Management Agency 550 SOUTH MAIN STREET ORANGE, CA 92863-1584 (714) 560-5730 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ACCT CODE DESCRIPTION INVOICE DATE: 11/20/13 CUSTOMER NO: INVOICE NO: DUE DATE: 0093 7517 D2601 AB9 ROW MAINTENANCE SERVICES TREE TRIMMING AT THE SAN JUAN CAPISTRANO TRAIN STATION WITHIN THE OPERATING RAILROAD RIGHT OF WAY ON SATURDAY 10/12/13 QUESTIONS? PLEASE CALL GERALD SMITH (714)560-5966 PLEASE PAY THIS AMOUNT $ PLEASE REMIT PAYMENT TO: OCTA - ACCTG DEPT P.O. BOX 14184 ORANGE, CA 92863-1584 R02461 AR135767 DUE UPON RECEIPT AMOUNT 16, 094.78 16,094.78 ATTACHMENT 2 jCAffiIL:jUa Fa BOX 292329 Phelan, CA'92329 160-949-5667 Fax: 760-947-6848 . ' }oshuagrading@verizon.net License #827602 Bit! To Grange County Transportation Authority Accounts Payable 550 South Main Street PO Bax 14`184 Grange, CA 92863-1584 Invoice Date Invoice # 1115113 147 �.f A fife. P.O. No. Terms Due Date: B 30 October 2013 Net 30 days 12!5113 Serviced Qty/Iirs Description Rate �attount San Juan Capistrano Tree Trimming 16,094.78 16,094.78 It's been a pleasure working with you! 'rota! $161094.78 Joshua Grading & Excavating, 111c. Date invoice #147 For OIC MOFAII Of October Work performer) From 9129113-loi26113 Notes: A. Sari Juan Capistrano Tree Trimming /n Llll� z 4CT . ,ject "Manage, sjg, pflnt name Date ProjL ct Manager sign I -- S10,094 78 Total Cost for Tree ,16.094.78 Amount Due: $16,094.78 Rail Right -Of -Way Maintenance OT DT JGE Equip. Mental - 3 laborers -Labor Oril 11 0 Equip- Rental - Hertz. (2) 40ODw Light towers Contract No. 9-0698 12 1 Equip. Rental - hertz 1 80'Articulating boom Daily Manpower & Equipment Report 23 2 supplies JGE >lob #830 12 1 SUPPlies - Ily 9.5 0 Descriotion ST 13 Total Lur ROW 13 sic — - - - #5 Houfs NAME CLASS OT DT OT OT OT DT OT DT Start 12 12 1 1 2:Q� Breit Forsyth EIC 12 1 l� _ 12 1 2:0i KentlSrmstrony U eralar 12 1 8.5 0 6:0 Brandon By Laborer 8.5 0 9.5 1 2,0 Ray Rocca Laborer 9.5 1 2-5 0 Ra Rocca operator 2.5 0 5 1 2.i: Matt Craft Laborer 5 1 0 Matt Craft Operator i 0 - 11 0 3.t Jeff Myers Tree 5u ef. 11 0 11 0 3:1 Jose Morales Tree laborer 11 4 11 (? 3 Fransico Manio a Tree Laborer11 tJ Evaristo Cebreros Tree laborer 11 0 Reimbufsements Description OT DT JGE Equip. Mental - 3 laborers -Labor Oril 11 0 Equip- Rental - Hertz. (2) 40ODw Light towers 12 1 Equip. Rental - hertz 1 80'Articulating boom 23 2 supplies 12 1 SUPPlies - Ily 9.5 0 Descriotion ST 13 Authorized by OCTA P 450.6 cu d rlum , rnisc. tools 13 Pm luau, u i.0 xu=c per load. 6 cu Yd nor in ari 2,r, Md Vel . DCT proiert Mad Work Location Descri tion of Want Perfos --:. see the neaerse side for more lnf Sub IM.P. 197.2 (South &de) Cut and removed (1) palm tree and trimmed (9) __ 14ef lz, E1141pfflent Rental Res/Quote Number: PAYMENT TERMS ARE NET 10 DAYS LATE CHARGES MAY APPLY Customer is responsible for FUEL, FLATS, DAMAGE and CLEANUP FEES. JOSUlt ' !A GRADING & EXCAVATIN(--i PIC) BOX 292329 PHELAN, CA 92329 a Cir -Sua-rt Page I ORIGINAL INVOICE ORIGINAL INVOICE 10114/13 Invoice Number: 27113684.0( AIM 0 UNT DUE: AMWNT ENCLOSED: CUSTOMER NUMBER: 159315 MA I L PA YM FNTTO: HERTZ EQUIPMENT RENTAL CORPORATION P.O. BOX 650280 DAL[-AS,TX 715265-0280 To insure accurate and timely posting, detach and send top portion with lourp,4yinew — — — — — — — RENTED FROM: SHIPPING ADDRESS. HERTZ EQUIPMENT RENTAL (635) METROLINK LAYDOWN YARD 31040 E. MIRALOMA AVE 26755 VERDUGO STREET ANAHEIM, CA 92806 SAN JUAN CAPISTRANO, CA Ph. 714-533-7694 Fax:714-533--8155 PO,# : 830 JOB NUM13ER SAN JUAN CAPISTRANO RENTAL START DATE: 10/11/13 11:00 DELIVERED BY: HERTZ ORDERED BY: FORSYTHE, BRETT SIGNED BY: BR -ETT 'FORSYTHE SALES REP: TRANSITIONAL PRIMARY REP CLOSED BY: ANDREW J. JIMENEZ RENTAL DAYS/HOURS., 2/19.1 INVOICE FROM DATE: 10/11/13 11 - INVOICETHRU DATE, 10/14/13 92675 RENTAL CHARGES OTIHER CHARGES LDW 141 of Rent Chgs DELIVERY/PICK UP TAXABLE CHARGES TAX TOTAL CHARGES NET DUE Original Adjustmenta Tol�a 725.00 725.00 22.00 22.00 101.50 101.50 270.00 270.00 1017.00 101.7.00 81.36 81.36 1199.66 1199-86 ( 11 =9 9--8-6 QTY EQUIPMENT # HRS/ MIN HOUR DAY WEEK 4 WEEK AMOUNI I BOOM/80'/4W/ART1CULATING/D$L S/ 725.00 468808061 Make: GENIE Model: ZSo Ser #: Z800818305 Hours Free; HR OUT: 1127.900 HR IN; 1135.900 T<)TAL-. 8.000 FREE: 24,000 EXCESS: 0 HIUS CHG: 26,563 ***I day rental*** ENVIRONMENTAL RECOVERY FEES 6686000001 DELIVERY FUEL CHARGE 37120000,01 120.83 725-00 2125.00 59,99.0:0 725.0( 8 40 ISO A � �� Customer Number: 1593152 Res/Quote Number: Invoice Number: 27113684-001 Invoice Date: 14/14/13 Fnr O -UV A qr1 nV AT L1 ftz, WiPment Rental ReslOtjotc Numbej-- PAYMENT TERMS ARE NET 10 DAYS LATE CHARGES MAY APPLY Customer is responsible fcw FUEL, FLATS, DAMAGE and CLEANUP FEES, JOSHUA GRADING & FXCAVATINCi PO BOX 292329 PHELAN, CA 92329 01 Page 'I FINAL BILL ORIGINAL INVOICE 1©/15113 tnvoice Number: 27113684.002 AMOUNT UUP: 344,52 AMOUNT E.NCLOSED- CUSTOMER NUMBER: 1593152 MAIL, PAYMENTTO: HERTZ EQUIPMENT RENTAL CORPORATION P.Q. BOX 650280 DALLAS, TX 75265,0280 "To insure accurate .a nd-ti rn ely, postiEg,*tach and send top portion with your p� mcnt RENTED FROM. SHIPPING ADDRESS: HERTZ EQUIPMENT RENTAL i 6151 METPOLINK LAYDOWN YARD 3040 E. MIRALOMA AVE 26755 VERDUGO STREET ANAHEIM, CA 92806 SAN JUAN CAPISTRANO, CA, 92675 Ph: 714-533-7694 FaX:714-533-8155 PO# : 830 JOB NUMBER, SPN JUAN CAPISTRAI.40 RENTAL START DATE- 10 11 : 'r) 0 DELIVERED BY; HERTZ ORDERED BY; FORSYTHE, BRETT SIGNED BY: BRETT FORST HE SALES REP: TRANSITIONAL PRIMARY REP CLOSED BY: EVAN MORRIS RENTAL DAYS/HOURS: INVOICE FROM DKFE,. fNVOICET]IRU DATE. RENTAL CHARGES OTHER CHARGES LDW 14% of Rent Chgs TAXABLE CHARGES TAX TOTAL CHARGES %am 2/19.00 10/11/13 13:U! 10/14/13 7'.00 Orxyindl Adjustments Total 270.00 270.00 14.00 14-00 37.80 37.80 284.00 284-00 22.72 22.72 344.52 344,52 344.52 Q7y EQUIPMENT it RRS/ MIN HOUR DAY WEEK 4 WEEK AMOUNT 1 LIGHT TOKER/4000 WNrrl% 536-45 8/ 1'35.-00 22,50 135.00 385.00 749.00 135.00 536404270 Make: MAGNUM Model: MLT3060 Ser #: 077886 HOUrS Free: F3 40 160 HR OUT: 3335-500 HR IN: 3344.700 TOTAL: 9.200 FREE: 24,000 EXCESS; 0 HRS CHG: 4.813 ENVIRONMENTAL RECOVFRY FEES 6696000001 7.00 1 LIGHT TOWER/4000 WATT 536--40 &/' 135.00 22.50 135.00 385.00 749.00 135-00 536443177 Make: MAGuum M6del; MLT3060 Ser #-. 1220766 Hours Free: 8 40 160 HR OUT: 6-27-100 RR IN: 635.600 TOTAL: 8.500 FREE: 24.000 EXCESS: 0 URS CHG: 4.813 KNvIRONMF .NTAL RECOVERY FEES 66060GO�001 7.00 Customer Number: 1593152 Res/Qubte Number: OCTA Ralik -,)ad Right -of -Way Palm Trees 0 15 30 60 Feet ATTACHMENT 3 AGL4 NDA STAFF REPORT 2006 NOV -6 AM 10* 25 Agenda Item ASR Control 08-002135 IF0 ;; : ri 17 MEETING DATE: u : (c E coUr� i Bor.Ro of St!PtRvt�>c)44/I8l08 LEGAL ENTITY TAKING ACTION: Board of Supervisors BOARD OF SUPERVISORS DISTRICT(S): 5 SUBMITTING AGENCY/DEPARTMENT: OC Public Works (Approved) DEPARTMENT CONTACT PERSON(S): Harry Persaud (714) 834-2694 Ignacio Ochoa (714) 834-2308 SUBJECT: Agreement with Orange County Transportation Authority CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Concur Approved Agreement to Form Discussion 3 Votes Board Majority Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A Staffing Impact: No # of Positions: Sole Source: N/A Current Fiscal Year Revenue: $10,000,000 Funding Source: State Transportation improvement Program Funds: 100% r Prior Board Action: November 4, 2004; July 26, 2006; June 3, 2008; September 9, 2008 RECOMMENDED ACTIONS) 1. Find that Final EIR 589, previously certified by the Board of Supervisors on November 8, 2004 and its Addendum 589-1, previously approved by the Orange County Planning Commission on July 26, 2006, satisfies the requirements of CEQA and are approved for the proposed project. 2. Approve and authorize the Chairman of the Board to execute Cooperative Agreement D08-091 with the Orange County Transportation Authority (OCTA) to secure State Transportation Improvement Program (STIP) funds for improvements to Ortega Highway between the City of San Juan Capistrano boundary to about 1,900 feet east of the Ortega Highway/Antonio Parkway/La Pata intersection. SUMMARY: Approval of Cooperative Agreement No. D08-091 will secure STIP funding for widening of this segment of Ortega Highway to improve traffic flow, reduce congestion, and improve air quality. Page 1 BACKGROUND INFORMATION: On September 9, 2008, your Board authorized the advertising of the Ortega Highway Widening project. Funding for this project is based on a variety of sources including $10 million from STIP. Previously, on .lune 3, 2008, your Board approved Cooperative Agreement No. D08-002 with the State to widen the County segment of Ortega Highway and adopted a funding plan to permit construction of this roadway segment. In accordance with the approved funding plan, the County and State agreed to utilize the $10 million dollar STIP fund on the County segment of the project. As the pass-through agency for the STIP funding, the OCTA Board supported the County and State request for funding of the Ortega HIghway Widening project at its meeting on July 21, 2008. OCTA also authorized execution of a cooperative agreement with the County in support of the funding allocation. In addition, the California Transportation Commission also approved the $10 million funding allocation to the project on September 25, 2008. Cooperative Agreement D08-091 memorializes County and OCTA agreement to expend the entire $10 million STIP allocation on the segment of the roadway within unincorporated Orange County. In addition, this agreement reaffirms the County's commitment to support a full funding plan for the City segment of the project through developer fees and competitive grant funds. Compliance with CEQA: The proposed project is covered by Final EIR 589, previously certified by the Board of Supervisors on November 8, 2004 and its Addendum 589-1, previously approved by the Orange County Planning Commission on July 26, 2006. The circumstances of the project are substantially the same and Final EIR 589 and Addendum 589-1 adequately addressed the effects of the proposed project. FINANCIAL IMPACT: N/A STAFFING IMPACT: N/A EXHIBIT(S): Exhibit A - Location Map ATTACHMENT(S): Attachment A - Agreement No. D08-091 between the County of Orange and Orange County Transportation Authority Page 2 Agr-- -tent No. D08-091 .y -T C> 1 COOPERATIVE AGREEMENT NO. C-8-9218 1 2 BETWEEN G - J. 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 THE COUNTY OF ORANGE 6 FOR A X00, 7 THE ORTEGA HIGHWAY WIDENING PROJECT�'� 8 THIS AGREEMENT, is effective this qday of NOV • , 2008 by and between the 9 Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, 10 California 92863-1584, a public corporation of the State of California (hereinafter referred to as 11 "AUTHORITY'), and the County of Orange, a political subdivision of the State of California 12 (hereinafter referred to as "COUNTY"). 13 RECITALS: 14 WHEREAS, the AUTHORITY and the COUNTY have jointly funded through the 15 Regional Improvement Program (RIP) and Interregional Transportation Improvement Program 16 portion of the State Transportation Improvement Program (STIP), and local funds, including 17 development impact fees, the construction of a two-mile widening project and other related 18 improvements on Ortega Highway (State Route 74) between Calle Entradero and 1900 feet 19 easterly of Antonio Parkway (PROJECT); and 20 WHEREAS, COUNTY is the lead agency to implement the widening PROJECT; and 21 WHEREAS, COUNTY has requested the two-mile PROJECT be split into two 22 segments to expedite PROJECT completion; and 23 WHEREAS, the first segment, referred to as the COUNTY segment, is located within 24 the COUNTY owned right-of-way and is approximately 1.1 miles in length and is ready to 25 begin construction; and 26 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 r; Agreement No. D08-091 AGREEMENT NO. C-8-1218 WHEREAS, the second segment is located within the City of San Juan Capistrano, is approximately .9 miles in length and is currently in the environmental phase with an anticipated environmental clearance of late 2009 (CITY segment); and WHEREAS, the COUNTY is willing to take the construction lead for implementing the CITY segment subject to request from the State and City and pursuant to approval of agreements between the County, State and City defining roles and responsibilities; and WHEREAS, the AUTHORITY'S Board of Directors approved the PROJECT split and funding plan (Exhibit 1 Ortega Highway State Route 74 Improvement Projects Funding Plan) at its regularly noticed meeting on July 28, 2008; and WHEREAS, the Board of Supervisors approved a cooperative agreement with Caltrans to build the COUNTY's segment including a funding plan (Exhibit 1 Ortega Highway State Route 74 Improvement Projects Funding Plan) at its regularly noticed meeting on June 3, 2008; and WHEREAS, the COUNTY proposes to utilize all of the $10 million of STIP / RIP funding provided by the AUTHORITY to the COUNTY segment and has committed to work with the California Transportation Commission to seek alternate funding through the interregional portion of the STIP for the balance of the CITY segment; and WHEREAS, if funding is not available through the interregional portion of the STIP for the balance of the CITY segment, the COUNTY is committed to fully fund the segment through COUNTY developer fees and competitive grant funds; and WHEREAS, this full funding commitment ensures the AUTHORITY's investment of $10 million of STIP and RIP funds will be utilized to deliver the full benefit of both segments of the PROJECT; and WHEREAS, if the $10 million of STIP funds are not available in the programmed year due to constraints on the STIP, the COUNTY will be responsible for providing alternate funds Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Agreement No. D08-091 AGREEMENT NO. C-8-1218 and utilize the AB 3090 advancement provision or other mechanism to allow the project to proceed on schedule; and WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding responsibilities between the AUTHORITY and COUNTY for completion of the PROJECT; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and COUNTY as follows: ARTICLE 1. COMPLETE AGREEMENT This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the Agreement between AUTHORITY and COUNTY concerning the PROJECT and supersedes all prior representations, understandings and communications between the parties. The above -referenced recitals are true and correct and are incorporated by reference herein. ARTICLE 2. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for PROJECT: A. To process necessary amendments to the Federal Transportation Improvement Program (FTIP), for the PROJECT split. B. To process necessary amendments to the State Transportation Improvement Program (STIP) as required by the PROJECT split. C. AUTHORITY shall comply with coordination as necessary with Caltrans staff. D. AUTHORITY shall follow all requirements as outlined in the FTIP and STIP 23 guidelines. 24 25 26 Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D08-091 AGREEMENT NO. C-8-1218 ARTICLE 3. RESPONSIBILITIES OF COUNTY OF ORANGE COUNTY agrees to the following responsibilities for PROJECT: A. COUNTY agrees to Exhibit 1: Ortega Highway (State Route 74) Improvement Projects Funding Plan, as approved by the County Board of Supervisors. B. To act as the lead agency for the COUNTY segment and to ensure compliance with all terms and conditions set forth in any applicable Caltrans policies. C. COUNTY shall perform the work necessary to complete the COUNTY segment. D. To be responsible for the review and oversight of all third party design and construction documents related to the COUNTY segment. E. If the $10 million of STIP funds are not available in the programmed year due to constraints on the STIP, provide alternate fund sources for the $10 million of STIP / RIP and utilize the AB 3090 advancement provision to allow the COUNTY segment to proceed on schedule. F. Provide $10 million in County developer fees and competitive grant funds for the CITY segment in the event funding is not made available through the interregional portion of the STIP. G. COUNTY agrees to cooperate fully with AUTHORITY staff and its representatives during the COUNTY segment. H. COUNTY will comply with all STIP guidelines. ARTICLE 4. NOTICES: All parties notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered, or certified mail and addressed as follows: 1 1 Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i�ree,eni Ivo. LVif—Uyl P: AGREEMENT NO. C-8-1218 To COUNTY: To AUTHORITY: COUNTY OF ORANGE Orange County Transportation Authority Construction Division 550 South Main Street 1152 East Fruit Street P. O. Box 14184 Santa Ana, CA 92701 Orange, CA 92863-1584 Attention: Ignacio Ochoa Attention: John Mathis Director, OC Road & Flood Senior Contracts Administrator Chief Engineer Contracts Administration & Materials Management Tele:714/567-7800; Fax:714/567-7813 Tele 714/560-5478; Fax 714/562-5792 email:Ignacio.Ochoa@rdmd.ocgov.com email: jmathis@octa.net AK 11ULt 5. IT 15 MUTUALLY UNDERSTOOD AND AGREED: All parties agree to the following mutual responsibilities regarding PROJECT: A. This Agreement may be amended in writing at any time by the mutual consent of both parties. No amendment shall have any force or effect unless executed in writing by both parties. B. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. C. The headings of all sections of this Agreement are inserted solely for the convenience of reference and are not part of and not intended to govern, limit or aid in the construction or interpretation of any terms or provision thereof. D. The provision of this Agreement shall bind and inure to the benefit of each of the parties hereto and all successors or assigns of the parties hereto. Page 5 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D08-091 AGREEMENT NO. C-8-1218 E. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. F. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. G. Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. Both parties shall make this Agreement effective upon execution. H. The obligations of AUTHORITY and COUNTY are subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating the AUTHORITY or COUNTY for future payment of money in excess of appropriations authorized by law. 1 1 1 1 1 I. Both parties shall make this Agreement effective upon execution. -Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Agreement No. D08-091 AGREEMENT NO. C-8-1211 IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. C-8-1218 to be executed on the date first above written. COUNTY OF ORANGE By: Chairman of the Board of Supero sors ORANGE COUNTY TRANSPORTATION AUTHORITY Arthur T. Leahy Chief Executive Officer i SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: Kennard R. Smart, J . By: General Counsel �4 DARLENE J. BLOOM Clerk of the Board of Supervisors Orange County, California • APPROVAL RE MME ED: Date:C — $ "116 APPROVED AS TO FORM IN Kia Morta; Executive ment Date:—z24 2–1 , 2o, 9 nj m P. de Ma Cou ty ounsel Ora ou A Page 7 of 7 EXHIBIT 1 an 0 r O a ri M a .i w w O b M m I a 1 of 3 EXHIBIT 1 _ Q. cc 0 co = N m d LL 0 v F- m IY. m N V V � a W Z W M co U. t M J Q F O 0 ~ IN ti Q N ~ JJ O U aa� r w H M E r r N M � a » N C n n b h w a 0. R C C r _ � N 2of3 EXHIBIT 1 c CL co r- N U. V � t Z o n C O� W 3of3 I ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER November 18, 2008 Submitting Ag ncLIDeuartment: OC PUBLIC WORKS Approve agreement D08-091 with Orange County Transportation Authority to secure State Transportation Improvement Program funds for improvement to Ortega Highway; and make California Environmental Quality Act findings- District 5 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ❑ Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NOBBY: Y (5) BATES: Y Vote Key: Y=Yes; N=No; A Abstain; X=Excused; AO. =Board Order Documents accompanying this matter: ❑ Resolution(s) ❑ Ordinances(s) I" Contract(s) Item No. 52 Special Notes: Copies sent to: CEO OC Public Works: Harry Persaud Linda Schorer I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors, Orange County, State of California. DARLENE J. BLOOM, Clerk of the Board 1 ORTEGA HIGHWAY "CITY -SEGMENT" WIDENING PROJECT COST SUMMARY - ALL PHASES (NOVEMBER 2013) A. Engineering Design Actuals Program City portion (grant) $911,013.00 RMV portion (match) $450,005.00 HDR Contract Amt. $1,361,018.00 City Administration (10%) $136,101.80 Total $1,497,119.80 Total City Portion (CTFP grant) $1,047,114.80 < $1,050,000.00 ok Developer Match (30% min.) $450,005.00 < $450,000.00 ok $1,497,119.80 < $1,500,000.00 ok B. Right-of-w�y, Program (Org) Program (Rev) City portion (grant) $3,480,000.00 $3,679,800.00 County Match (40% min.) $2,320,000.00 $2,453,200.00 $5,800,000.00 $6,133,000.00 Cost Breakdown Acquisition Cost $3,415,663.75 $4,215,663.75 R/W Support $191,875.00 $727,120.00 Appraisal Reimbursement $290,000.00 $290,000.00 Litigation Costs $900,000.00 $900,000.00 Securing Public Utility Easements (Est.) $1,000,000.00 (included in AC) Total $5,797,538.75 $6,132,783.75 Say $5,800,000.00 $6,133,000.00 C. Construction Construction Cost $17,550,000.00 Const. Support $1,755,000.00 $19,305,000.00 Cost Breakdown Program Construction - City portion (grant) $9,305,000.00 ITIP Construction - Caltrans portion (ITIP) $8,245,000.00 $10,000,000.00 Const. Supp - Caltrans portion (ITIP) $1,755,000.00 $19,305,000.00 CONST $17,550,000.00