15-1006_ORANGE COUNTY TRANSPORTATION AUTHORITY_Agenda Report_F9TO :
FROM :
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
Thorn Coughran, P.E., Interim Public Works & Utilities Directorf(Y'fov
Prepared by: George Alvarez, P.E., City Enginee w(J./
October 6, 2015
10/6/2015
F9
Consideration of Approval of an Agreement with the Orange County
Transportation Authority to Install a Second Eastbound Left-Turn Lane on Del
Obispo Street and Camino Capistrano; and Adjustment to the Fiscal Year 2014-
2015 Capital Improvement Program (CIP 16103)
RECOMMENDATION :
By motion,
1) Authorize the City Manager to execute an Agreement with the Orange County
Transportation Authority to install a second eastbound left-turn lane on
Del Obispo Street and Camino Capistrano; and,
2) Increase funding for CIP 16103 by $7,000 and recognize the Grant Funding in the
amount of $28,160; and,
3) Approve an adjustment to the Fiscal Year 2015/2016 Capital Improvement Program to
reduce Measure M funding from $25,000 by $21,160 down to $3,840 in Measure M
funds as the City's match to the grant.
EXECUTIVE SUMMARY:
The Orange County Transportation Authority (OCTA), in partnership with the City and the
Southern California Regional Rail Authority (SCRRA), has been working collaboratively to
improve the traffic circulation of the Del Obispo Street railroad crossing. In order to improve
the traffic circulation, SCRRA has retained the professional traffic engineering services of a
consultant to conduct a study and prepare a report to recommend improvements to the
queue cutter traffic signal operation at the Del Obispo Street railroad crossing. OCTA,
SCRRA, and the City have been reviewing the draft reports and providing comments. One of
the recommendations in the traffic report is the installation of a second eastbound left-turn
City Council Agenda Report
October 6, 2015
Page 2 of 4
lane on Del Obispo and Camino Capistrano to reduce the number of unnecessary queue
cutter traffic signal activations that cause traffic delays. The City has requested OCTA to
fund this improvement which is estimated to cost $32,000. OCTA will be submitting a
Cooperative Agreement with the City that defines the scope of work for the project. At the
August 18, 2015, City Council meeting the City Council considered an agreement with the
OCTA to install a second eastbound left-turn lane on Del Obispo and Camino Capistrano.
The City Council, after reviewing the agreement directed the City Attorney to amend the
proposed agreement such that it deletes the section, which reads as follows,
"Whereas, these efforts constitute the foreseeable planned enhancements
and are considered resolution of railroad improvements to resolve the
traffic circulation improvements at the Del Obispo railroad crossing"
The revised agreement (Attachment 2) deletes the above provision. Staff recommends that
the City Council authorize the City Manager to execute the Agreement with OCT A. Once the
Agreement is executed, staff will finalize the plans and specifications and advertise for bids to
install the second eastbound left-turn lane within forty-five (45) days.
DISCUSSION/ANALYSIS:
The City, OCTA, SCRRA have been working to improve the traffic circulation at the Del
Obispo Street railroad crossing. Reducing travel delay at this location has been a high
priority of the City Council. For the past seven (7) months, data collection, video recording,
field observations, and research have been conducted to prepare a report and provide
recommendations to reduce the number of unnecessary queue cutter traffic signal
activations. The report found that a significant number of queue cutter traffic signal
activations occur when there is no train crossing Del Obispo Street. This has been one of the
primary causes of traffic delay.
Public Works staff has recommended that the installation of a second eastbound left-turn
lane on Del Obispo and Camino Capistrano be included in the traffic report prepared by the
SCRRA's traffic consultant. The second left-turn lane is now one of the recommendations in
the traffic report and is estimated to reduce the number of unnecessary queue traffic signal
activations by 16%. City staff has requested OCTA to fund the second left-turn lane and they
have agreed to fund 88% of the total project costs including design, construction, and
inspection. The remainder 12% will be funded with Measure M2 local turnback funds.
The City, OCTA, and SCRRA are continuing to meet, discuss, and work together to
recommend solutions to improve the queue cutter traffic signal operation and other
improvements. Once the City, OCTA, and SCRRA agree on the final recommendations, they
will be presented at a future City Council meeting.
City Council Agenda Report
October 6, 2015
Page 3 of 4
FISCAL IMPACT :
The Fiscal Year 2015-2016 Capital Improvement Program includes $25,000 of Measure M2
funding. The revised total cost is now projected to be $32,000. The OCTA will provide Grant
Funding in the amount of $28,160, and the match funds are $3,840 in Measure M2 funds for
a total of $32,000.
Adopted Budget Revised Budget
Grant Funding $0 $28 ,160
Measure M Funding $25 ,000 $3 ,840
Total $25,000 $32,000
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On April 17, 2012, the City Council received a presentation from OCTA regarding the
status of the Del Obispo Street grade crossing.
• On August 7, 2012, the City Council received a presentation from OCTA regarding the
status of the Del Obispo Street grade crossing.
• On January 21, 2014, the City Council received a presentation from OCTA regarding
the status of the Del Obispo Street grade crossing.
• On October 7, 2014, the City Council received a presentation from OCTA regarding
the status of the Del Obispo Street grade crossing.
• On February 17, 2015, the City Council received a status report on the Del Obispo
Street grade crossing.
• On August 18, 2015, the City Council directed the City Attorney to amend the
agreement and submit it to the OCTA for approval.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
Not applicable.
NOTIFICATION:
Dinah Minter, OCTA
Phillip LaBreche, Metrolink
Clint Worthington
City Council Agenda Report
October 6, 2015
Page 4 of 4
ATIACHMENT:
Attachment 1-Location Map
Attachment 2-Cooperative Agreement
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COUNTY OF
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ATTACHMENT 1
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COOPERATIVE AGREEMENT NO. C-X-XXXX
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SAN JUAN CAPISTRANO
FOR
INSTALLATION OF SECOND EASTBOUND LEFT-TURN LANE ON DEL OBISPO
This COOPERATIVE AGREEMENT (Agreement), is effective this ____ day of
____ , 2015, by and between the Orange County Transportation Authority, 550 South Main
Street, P.O. Box 14184, Orange, California 92862-1584, a public corporation of the State of
California (hereinafter referred to as "AUTHORITY) and the City of San Juan Capistrano , 32400
Paseo Adelanto, San Juan Capistrano, California 92675 (hereinafter referred to as "CITY").
AUTHORITY and CITY are hereinafter collectively referred to as "PARTIES " or individually referred
to as "PARTY".
RECITALS:
WHEREAS, the AUTHORITY, in partnership with the CITY and the Southern California
Regional Rail Authority (SCRRA) have been working diligently to improve the traffic circulation at the
Del Obispo Street railroad crossing ; and
WHEREAS , SCRRA's consultant, Campbell Technologies Corporation, prepared a report
(REPORT) identifying options to address the traffic circulation at the Del Obispo Street railroad
crossing; and
WHEREAS, the CITY has reviewed the report and provided a letter of response to OCTA,
dated June 23, 2015, which was in turn responded to by OCTA on July 21 , 2015;
WHEREAS , following these letters , CITY and AUTHORITY agree to proceed with the
installation of a second eastbound left-turn lane on Del Obispo and Camino Capistrano and wish to
Page 1 of 9
ATTACHMENT 2
COOPERATIVE AGREEMENT NO. C-X-XXXX
enter into this Agreement to define roles and responsibilities, terms, and conditions as defined in the
2 Exhibit A, "Scope of Work" (hereinafter referred to as "PROJECT"); and
3 WHEREAS, CITY agrees to complete all work required including, but not limited to
4 environmental clearance, design, right-of-way, permits, public outreach, construction, construction
5 management, and project management for the PROJECT; and
6 WHEREAS, the CITY is the lead agency for the California Environmental Quality Act
7 (CEQA); and
8 WHEREAS, the AUTHORITY and CITY agree to a cost sharing formula of 88 percent
9 provided by the AUTHORITY and 12 percent provided by the CITY for the PROJECT; and
to WHEREAS, the intent of the PARTIES is that the PROJECT shall be implemented with the
11 least amount of disruption to pedestrian, bicycle, vehicle, and rail traffic .; and
12 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
13 follows:
14 ARTICLE 1. COMPLETE AGREEMENT
15 A. This Agreement, including all exhibits and documents incorporated herein and made
16 applicable by reference, constitutes the complete and exclusive statement of the term(s) and
17 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior
18 representations, understandings and communications. The invalidity in whole or part of any term or
19 condition of this Agreement shall not affect the validity of other terms or conditions.
20 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any
21 term(s) or conditions(s) of this Agreement shall not be construed as a waiver or relinquishment of
22 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
23 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
24 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
25 in writing by an authorized representative of AUTHORITY by way of a written amendment to this
26 Agreement and issued in accordance with the provisions of this Agreement.
Page 2 of 9
COOPERATIVE AGREEMENT NO. C-X-XXXX
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
2 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
3 CITY's right to such performance or to future performance of such term(s) or condition(s), and
4 AUTHORITY's obligation in respect thereto continue in full force and effect. Changes to any portion
5 of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an
6 authorized representative of CITY by way of a written amendment to this Agreement and issued in
7 accordance with the provisions of this Agreement.
8 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
9 AUTHORITY agrees to the following responsibility for PROJECT:
10 A. To provide staff to perform its duties, and to manage, administer, and oversee its
11 obligations under this Agreement.
12 B. To fund the actual cost of the improvements proposed for the PROJECT in an amount
13 not to exceed Thirty Two Thousand Dollars $32,000 per estimates contained in Exhibit B, "Cost
14 Estimate", using funding provided by Renewed Measure M funds and the required 12 percent funding
15 match provided by the CITY.
16 C. To pay to CITY within thirty (30) days following the submittal of an approved invoice with
17 the required supporting documentation.
18 ARTICLE 3. RESPONSIBILITIES OF CITY
19 CITY agrees to the following responsibilities for PROJECT:
20 A. To serve as the lead agency for the PROJECT.
21 B. To assign staff to manage the PROJECT and ensure successful completion of the
22 PROJECT as defined in Exhibit A, "Scope of Work".
23 C. To agree to notify AUTHORITY a minimum of thirty (30) days in advance of any planned
24 PROJECT work that will impact the operation of the Del Obispo grade crossing.
25 D. To be responsible to complete the PROJECT and all associated activities in a good and
26 competent manner and in compliance with all applicable federal, state, and local laws and regulations
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COOPERATIVE AGREEMENT NO. C-X-XXXX
1 and railroad standards, policies, practices, and guidelines where applicable.
2 E. To be responsible for any fees, permits, licenses, easements, environmental clearances,
3 and other approvals required for the PROJECT.
4 F. To prepare and submit a monthly project summary report to AUTHORITY detailing the
5 activities completed within the reporting period.
6 G. To prepare and submit a monthly invoice to AUTHORITY along with supporting
7 documentation. The invoice shall be submitted on CITY's letterhead and shall be signed by an
s authorized agent who can duly certify the accuracy of the included information. The invoice shall be
9 submitted by CITY and in duplicate to AUTHORITY's Accounts Payable Office. Each CITY invoice
10 shall include the following information:
11 1. Agreement Number C-X-XXXX;
12 2. The time period covered by the invoice;
3. Total monthly invoice amount;
4. Progress Report, which includes a detailed description of the services performed;
5. Itemized expenses including support documentation incurred during the billing period.
6. Such other information as requested by AUTHORITY.
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17 H. To assume ongoing maintenance responsibility associated with the PROJECT upon
18 completion.
19 ARTICLE 4. DELEGATED AUTHORITY
20 The actions required to be taken by CITY in the implementation of this Agreement are
21 delegated to its City Manager, or his/her designee, and the actions required to be taken by
22 AUTHORITY in the implementation for this Agreement are delegated to its Chief Executive Officer,
23 or his designee.
24 ARTICLE 5. AUDIT AND INSPECTION
25 CITY shall maintain a complete set of records in accordance with generally accepted
26 accounting principles. Upon reasonable notice, CITY shall permit the authorized representative of the
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COOPERATIVE AGREEMENT NO. C-X-XXXX
AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and
2 records of CITY for a period of four (4) years after final payment, or until any on-going audit is
3 completed. For purposes of audit, the date of completion of this Agreement shall be six months after
4 the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this
5 Agreement. AUTHORITY shall have the right to reproduce any such books, records and accounts.
6 The above provision with respect to audits shall extend to and/or be included in contracts with CITY's
7 contractors.
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ARTICLE 6. INDEMNIFICATION
A. CITY shall indemnify and hold harmless AUTHORITY, its officers, directors,
10 employees and agents from and against any and all claims (including attorney's fees and reasonable
11 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
12 worker's compensation subrogation claims, damage to property to the extent a trier of fact
13 determines same is actually caused by the negligent acts, omissions or willful misconduct of CITY,
14 its officers, directors, employees or agents in the performance of this Agreement.
15 B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
16 employees and agents from and against any and all claims (including attorney's fees and reasonable
17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death,
18 worker's compensation subrogation claims, damage to property to the extent actually caused by the
19 negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or
20 agents in connection with or arising out of the performance of this Agreement.
21 ARTICLE 7. ADDITIONAL PROVISIONS
22 The AUTHORITY and CITY agree to the following mutual responsibilities for PROJECT:
23 A. Term of Agreement: All work under this Agreement shall be completed no later than June
24 30, 2016, unless terminated earlier, or extended, by mutual written consent by both PARTIES.
25 B. Termination: In the event either Party defaults in the performance of their obligations, under
26 this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have
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COOPERATIVE AGREEMENT NO. C-X-XXXX
the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party.
2 C. Termination for Convenience: Either Party may terminate this Agreement for its
3 convenience by providing thirty (30) days' prior written notice of its intent to terminate for convenience to
4 the other Party.
5 D. Amendments: This Agreement may only be modified or amended in writing. All
6 modifications, amendments, changes and revisions of this Agreement in whole or part, and from time to
7 time, shall be binding upon the parties, so long as the same shall be in writing and executed by both
8 PARTIES.
9 E. Compliance: Both PARTIES shall comply with all applicable federal, state and local laws,
10 statutes, ordinances, and regulations of any governmental authority having jurisdiction over the
11 PROJECT.
12 F. Legal Authority: The PARTIES hereto consent that they are authorized to execute this
13 Agreement on behalf of said PARTIES and that, by so executing this Agreement, the PARTIES hereto
14 are formally bound to the provisions of this Agreement.
15 G. Severability: If any term, provision, covenant or condition of this Agreement is held to be
16 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
17 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
18 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
19 H. Counterparts of Agreement: This Agreement may be executed and delivered in any number
20 of counterparts, each of which, when executed and delivered shall be deemed an original and all of
21 which together shall constitute the same agreement. Facsimile signatures will be permitted.
22 I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations, duties, nor
23 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
24 of the other Party. Any such attempt of assignment shall be deemed void and of no force and effect.
25 Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the
26 waiver of any right to consent to such subsequent assignment.
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COOPERATIVE AGREEMENT NO. C-X-XXXX
J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to
2 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the
3 terms, in amounts, or for purposes other than as authorized by local, state or federal law.
4 K. Governing Law: The laws of the State of California and applicable local and federal laws,
5 regulations and guidelines shall govern this Agreement.
6 L. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof,
7 the court shall awards costs and expenses, including attorney's fees, to the prevailing Party.
8 M. Force Majeure: Either party shall be excused from performing its obligations under this
9 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
10 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God;
11 commandeering of material, products, plants or facilities by federal, state or local government; national
12 fuel shortage; or a material act or omission by any party; when satisfactory evidence of such cause is
13 presented to that other party, and provided further such nonperformance is unforeseeable, beyond the
14 control and is not due to the fault or negligence of the party not performing.
15 N. Notices: Any notice sent by first class mail, postage paid, to the address and addressee,
16 shall be deemed to have been given when in the ordinary course it would be delivered. The
17 representatives of the parties who are primarily responsible for the administration of this Agreement,
18 and to whom notices, demands and communications shall be given are as follows:
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To CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: George Alvarez, City Engineer I
Traffic Engineer
E-mail: galvarez@sanjuancapistrano.org
Telephone: (949) 443-6351
COOPERATIVE AGREEMENT NO. C-X-XXXX
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
P. 0. Box 14184
Orange, CA 92863-1584
Attention: XXX, Senior Contract
Administrator
E-mail: XXX@octa.net
Telephone: (714) 560-XXXX
10 If there are any changes in the above names and/or addresses, the party desiring to make
11 such change shall give a written notice to the other respective party within five (5) days of such
12 change.
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IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement No .
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C-x-xxxx to be executed on the date first above written.
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CITY OF SAN JUAN CAPISTRANO
By: ____________ _
Karen P. Burst
City Manager
ATTEST:
By: ____________ _
Maria Morris
City Clerk
APPROVED AS TO FORM:
By: ___________ _
Jeffrey Ballinger
City Attorney
Date: ___________ _
COOPERATIVE AGREEMENT NO. C-X-XXXX
ORANGE COUNTY TRANSPORTATION
AUTHORITY
By: ____________ _
Darrell Johnson
Chief Executive Officer
APPROVED AS TO FORM:
By: ____________ _
James M. Donich
General Counsel
APPROVAL RECOMMENDED:
By: ____________ _
Jim Beil
Executive Director, Rail Programs
Date: ___________ _
16 ATTACHMENT: Exhibit A, "Scope of Work"
Exhibit B, "Cost Estimate"
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