HomeMy WebLinkAbout12 ON-CALL ENGR. SVCS 01-16-01 ·
AGENDA RE ,3RT
NO. 12
01-16-01
MEETING DATE
TO'
FROM'
SUBJECT:
JANUARY 16, 2001
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR ON-CALL
ENGINEERING SERVICES AND CONSTRUCTION INSPECTION
SERVICES
SUMMARY
Staff is recommending approval of a Consultant Service Agreement with Harris & Associates to
provide Engineering and Construction Inspection Services on an as-needed basis to supplement City
staff during peak work load periods.
RECOMMENDATION
it is recommended that the City Council approve the Consultant Services Agreement with Harris &
Associates for on-call Engineering and Construction Inspection services and authorize the Mayor
and City Clerk to execute the Consultant Services Agreements on behalf of the City, subject to
approval by the City Attorney.
FISCAL IMPACT
The Consultant Services Agreement is task oriented and the tasks will be funded through various
Capital Improvement Projects, Trust Accounts or the Public Works Operating Budget. Purchase
Orders will be issued for the various tasks and the appropriate account or budget will be verified to
insure sufficient funds are available. At this time it is anticipated that the cost on an annual basis will
be in the $30,000 to $40,000 range.
BACKGROUND
Over the past three months the Public Works Department/Engineering Division has experienced
an increasing need for additional inspection services during peak construction periods. Several
key C.I.P. projects have recently entered the construction phase and the current activity from the
Level (3) Telecommunication installation throughout the City will increase the demand for 'City
inspection. Staff has determined that the use of consultant inspectors on an as-needed basis is
the more reasonable alternative to increasing City staff to cover intermittent peak construction
periods. Harris & Associates is familiar with City operations and procedures. They have a large
and competent staff that maintains the broad range of capabilities that would be needed to
respond to the various upcoming City needs. Harris & Associates has a history of responding to
City requests with highly qualified individuals on short notice. Their performance as construction
manager and inspector on the Commuter Rail Project is highly commendable and worthy of
consideration for future work with the City of Tustin.
Approval of Consultant Services Agreement for On-Call Design Engineering and Inspection
Services
January 16, 2001
Page 2
In addition, the increased activity throughout the Public Works Department/Engineering Division
will generate a need for additional design engineering services for small-scope tasks. The design
capabilities of Harris & Associates can be called on to provide assistance in preliminary studies,
cost estimating, design, pavement analysis, plan checking, surveying, construction staking and
construction management.. Under contract, Harris & Associates has recently provided. Plans,
Specifications and Estimates for the irvine Boulevard/Prospect Avenue Pavement Rehabilitation
Project (CIP No. 7160 & 7161), which is under construction. Additionally, they are currently under
contract for design of the Walnut Avenue Rehabilitation Project (CIP No. 7125). On both
assignments, Harris & Associates has been professional and responsive, and has delivered a high
quality work product on time and at budget. Scheduled billing rates for Harris & Associates are
competitive and not out of line with competing firms doing similar work.
By entering into this agreement with Harris & Associates, staff will have access to additional
engineering and inspection resources needed to quickly respond to peak.work load., requirements,
changes in staff levels and unexpected design and field conditions.
~~Tim D. Serlet
Director of Public Works/City Engineer
~'~"rry-~Otteson
Associate Civil Engineer
Attachment: Consultant Services Agreement- Harris & Associates
s:\city Council Items\01 City Council Items\CSA_oncall_harris.doc
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this day
of day of , 2001, by and between the CITY OF TUSTIN, a'
municipal corporation, hereinafter referred to as "City", and Harris & Associates, a
California corporation, hereinafter referred to as "Consultant".
RECITALS
WHEREAS, City requires a consultant to furnish the necessary services for
providing on-call Civil Engineering and Construction. Inspection Services on an as-
needed basis, hereinafter referred to as "Project"; and
WHEREAS, Consultant has submitted to City a proposal dated December 5, 2000,
a copy of which is attached hereto, marked as Exhibit "A" and i's by this reference
incorporated into this Agreement; and
WHEREAS, Consultant is qualified to provide the necessary services for the Project
and desires to provide said services; and
WHEREAS, City desires to retain the services of Consultant for said Project.
NOW, THEREFORE, for .the consideration and upon the terms and conditions
hereinafter set 'forth, the parties agree as follows'
AGREEMENT
Section 1' Scope of Consultant's Services.
Consultant shall perform such services, on an as-needed basis and at the direction
of the City. Engineer, as described in the Consultant's proposal set forth in Exhibit "A".
The scape of work for each individual assignment will be identified by written proposals
from the Consultant and shall be made a part of the respective Purchase Orders. All
services shall be performed in a manner satisfactory to City.
Section 2' Order of Precedence.
In the event of a conflict between or among any of the documents comprising this
Agreement, the following order to precedence shall govern the provision in question'
1. This Agreement
2. Consultant's Proposal (Exhibit"A")
Section 3' Time for Completion.
The time for completion of the work to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the
work of this Agreement according to reasonable schedules established by the City for
various items described and as outlined within Consultant's proposal. Consultant shall'
_]_
not be accountable for delays in the progress of its work caused by any condition
beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for
the delay.
Section 4: Compensation.
A. The compensation to be paid under this Agreement shall be on a time and material
basis as set forth in the Consultant's proposal and with a not-to-exceed cost to be
set by the City for individual assignments. Hourly rates paid shall be in accordance
with the billing rates as set forth in Exhibit "A".
B. Consultant shall submit detailed invoices, based upon the actual work performed,
accompanied by backup documentation as requested by the City.
C. Progress payments for work completed shall be paid by City as the work progresses,
within thirty (30) days of receipt of Consultant's invoice.
D. Consultant shall provide City with a monthly itemization of all work performed, and
the fees accrued thereon, in complete and sufficient detail to fully apprise City
thereof..
Section 5: Independent Contractor.
Consultant's relationship to City in the performance of this Agreement is that of an
independent contractor. Consultant's personnel performing services under this
Agreement shall at all times be under Consultant's exclusive direction and control and
shall be employees of Consultant and not employees of City. Consultant shall pay ali
wages, salaries and other amounts due its employees in connection with this
Agreement and shall be responsible for all reports and obligations respecting them,
such as social security, income tax withholding, unemployment compensation, workers'
compensation and similar matters.
Section 6' Indemnification.
Consultant agrees to indemnify, defend and hold City, its officers, agents,
employees, successors and assigns harmless from any loss, damage, injury, sickness,
death, or other claim made by any person and from all costs, expenses and charges
including attorney's fees caused by or arising out of Consultant's, its officers', agents',
subcontractors', or employees' negligent acts, negligent errors, or negligent omissions
or willful misconduct, Or conduct for which the law imposes strict liability on Consultant
in the performance or failure to perform this Agreement.
Section 7' Insurance.
A. Consultant shall maintain in full force and effect during the term of this Agreement
policies of comprehensive general liability, personal injury and automobile liability
insurance with limits of at least $1,000,000 combined single limit coverage per
occurrence.
B. Consultant shall maintain in full force and effect during the term of this Agreement a
policy of professional liability insurance coverage with limits of at least $1,000,000
combined single limit coverage per claim or per occurrence. If Consultant provides
claims made professional liability insurance, Consultant shall also agree in writing
either (1) to purchase tail insurance in the amount required by this Agreement or to
cover claims made within five (5) years of the completion of Consultant's service
under the Agreement, or (2) to maintain professional liability insurance coverage
with the same carrier in the amount required by this Agreement for at least five (5)
years after completion of Consultant's services under this Agreement. Consultant
shall also provide evidence to the City of the purchase of the required tail insurance
or continuation of the professional liability policy by executing the attached Letter
Agreement on Consultant's letterhead.
C..Consultant shall carry and pay for such compensation insurance as is necessary to
fully protect Consultant and its employees under California Worker's Compensation
Insurance and Safety Laws, and shall relieve the City from all responsibility under
said laws in connection with the performance of this Agreement.
D. All insurance required pursuant to this Section, with the exception of Worker's
Compensation, shall be issued by a company admitted in the State of California and
rated A, VII or better by the latest edition of Best's Key Rating Guide. Worker's
Compensation Insurance carrier may be rated B, VII or better by Best's Key Rating
Guide,
E. Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance on the City's form evidencing the required insurance, along with
endorsements in form satisfactory to the City. If self-insured for worker's
compensation, Consultant shall submit to City a copy of its certification of self-
insurance issued by the Department of Industrial Relations.
Section 8' Termination of Aqreement.
A. City shall have the right to terminate any or all of the services covered by this
Agreement at any time for any reason by giving written notice to Consultant.
B. Upon termination of this Agreement, Consultant shall be paid for services rendered
by the effective date of the termination.
C. Upon termination of this Agreement or completion of the Project, ali documents
relating to the Project shall become the sole property of City. Should City terminate
this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within
ten (10) business days of receipt of notice of termination, provide City with all
documents within Consultant's possession relating to this Agreement and the
Project, including but not limited to all completed documents and all drafts of
uncompleted documents. Any notice allowed or required to be given shall be
-3-
effective upon personal delivery thereof, or upon depositing thereof in the United
States Postal Service, certified mail, return receipt requested, Postage prepaid,
addressed as follows'
To City:
City of Tustin
Attn' Director of Public Works
300 Centennial Way
Tustin, CA 92780
To Consultant:
Harris & Associates
Jeffrey. M. Cooper, Vice President
34 Executive Park, Suite 150
Irvine, CA 92614-4705
Section 10' Miscellaneous Provisions.
A. Consultant shall proceed immediately and diligently to perform the services provided
for in this Agreement upon receipt of notice from City to proceed therewith.
B. No part of this Agreement may be assigned by Consultant without the prior written
approval of City.
C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs,
executors, administrators, successors and assigns of the respective parties hereto.
D. Consultant shall perform all services required under this Agreement using that
degree of care and skill ordinarily exercised under similar conditions in similar
localities, and shall be responsible for all errors and omissions for services
performed by Consultant under the terms of this Agreement.
E. Consultant certifies that there shall be no discrimination against any employee who
is employed in the work covered by this Agreement, or against any application for
such..employment, because of race, religion, color, sex or national origin including
but not limited to, the following' employment, upgrading, demotion or transfer,
recruitment, or rocruitment advertising, lay-off or termination, rate of pay or other
forms of compensation, and selection for training, including apprenticeship.
-4-
IN WITNESS WHEREOF, this Agreement was executed by the parties on the day
and year first above written.
"CITY"
CITY OF TUSTIN
By
Tracy Wills Worley', Mayor
ATTEST:
Pamela Stoker, CitY Clerk
APPROVED AS TO FORM'
Lois E. Jeffrey, City Attorney
"CONSULTANT"
Harris & Associates
By
Jeffery M. Cooper, P.E.
Vice President
-5-
December 5, 2000
Dana R. Kasdan
.Engineering Services Manager
City, o£Tusrin
300 Centennial Way
·
Tusrin, CA 92780
rUSTIN PUBLIO WORKS
Re.
Proposal for On-Call Design Engineering
and Construction Inspection Services
Harris & Associates
Program Managers
Construction Managers
Civil Engineers
Harris & Associates appreciates the opportunity,' to submit this letter proposal to
provide on-call design engineering and construction inspection services for the Cir?' of Tusrin.
Project Understanding
The City. o£Tusrin requires on-call design engineering assistance and inspection staff: augmentation
for various r?'pes of Public Works projects throughout the City,. Harris & Associates ha~ experienced
'n-house staff to perform a wide variety of studies, prepare full PS&E construction packages and
provide seamless engineering and insPection staff augmentation se.wices. Ci~ projezrs will requir:
expertise in all aspects of Public Wor 'ks design and construction inspection, including rhe following:.
· Water Mains and laterals (both new and rehabilitation)
· Sewer Mains and [aterats (both new and rehabilitation)
· Street improvements (widening, new and rehabilitation)
· Street median improvements, (design ream typically includes landscape architect sub-consultant)
· Traffic control and striping
· Storm drains (design includes all related hydroloDr and hydraulic calculations and reports)
Parking lots (both new and rehabilitation)
[] Public parks (both new and rehabilitation, design team typically includes landscape architect"
· Fiber optic communication conduit systems and various other underground utiiides
· Traffic sign.als, signal interconnect, street lighting and highway electrical'
· Grading, including rough and fine grading for sub-grade and aggregate base materials
· Srrucrurnl, mechanical and electrical inspection in conformance with the Uniform Building Code
· Review franc control measures for compliance to the plans and/or the "\X.'ATCH" handbook.
· Plan checking, value engineering, buildabilits., and construcrabilit3., reviews
Scope of Services
Design Services
Harris will remain on-call ro prepare a project specific proposal to perform any of the previously
described.engineering design services. We take pride in preparing derailed proiec: scopes, which are
customized to meet the city's specific needs, complete with derailed list o£ deliverables and project
schedule. The scope of work for any one project may involve all phases o£ project development.
The following will briefly present Harris' ,typical approach ro defining the scope o£ se,~;ices for
improvement projects. For simplicity.sake, each task will only briefly be touched upon. Spec. ific projects
in the future will allow sufficient space to insure that the individual project scopes are more cieariv
derailed and customized.
34 Executive Park, Suite 150 Irvine, Catif0rnia 92614-4705 949.655.3900 FAX 949.6=5.3995 irvineOharris-assoc.com
Dana R. Kasdan
City, of Tustin On-Ca~! Servic.~.,,..~
' Pa,,e '~ of 5
December 5, 2000
Our scope of. se. vices L3'pically consists of a four-phased approach as follows:
PHASE I.
PHASE II:
PHASE III.
PHASE IV:
Orientation/Data Collection/Base Sheets
Design Development (Preliminary. Engineering)
Construction Documents
Bidding and Construction Assistance
PHASE I: ORIENTATION/DATA COLLECTION/BASE SHEETS
Task A. Data Collection and Review
Meet with the Ci~ staff and hold "kickoff" meeting. Define approach, goals, criteria, procedures,
· schedules and collect all city record information. Direction from Cir'/staff would be obtained and the
project schedule reviewed.
Task B. Outside Agency, ContacrslPermits
Conra~ the utility, companies, local bus service (OCTA) and all permitting and funding agencies (such as
Caltrans and OCTA for encroachment permits and funding coordination). All required environmental
clearances would also be defined at this rime.
Task C. Topographic Base Sheets
Utilizing either City. provided record maps, ground surveys (Harris utilizes the se~'ices of several survey
sub-consultants) or aerial topographic maps, construction plan base sheers would be prepared in
AutoC..~) 14 using the Ci~'s standard format on 24"x 36" size sheers. Base sheets would also include all
existing R/W information, surface topography, field survey elevations and underground urilit3,
information, as required. Cross sections would also be prepared on applicable projects.
PHASE II:
DESIGN D EVELO PMEaNT (PRELIMINF~Y ENGINEERING)
Task A. Pavement Report/Soils Investigation
Obtain specific recommended pavement/soils inr%rmation, as confirmed by the Cir.,. Perform a
comprehensive review of the data and recommendations contained in thc report(s). Develop design
concepts and alternative strategies as warranted (this is a Harris & Associates special .t7).
Task B. Field Review
.
Pe.fform a comprehensive field review to confirm the completeness/accuracy of the plans, existing project
conditions, conditions that will affect design, etc.
Task C. Develop Project Elements
Develop conceptual designs,, alternative layouts, required studies, related cost estimates, details and back
up calculations. Economy and consrrucrabiliD' will be key to the process.
Task D. Concept Meeting
Meet with Ci .t-y staff to present alternatives, provide recommendations and analyses of the advantages of
each alternative, and reach concurrence with Ciu' staff on the final design elements.
PFL~SE III: CONSTRUCTION DOCUMF_2qTS
B~ed on the results of Phase II, the final construction documents would be prepared. The completed
plans and specifications will conform to the required City., Counu' and State requirements and latest .
funding guideline requirements, including but nor limited to all s~eD' concerns, DBE goals, Federal/Stare
wage rares and all other criteria necessary.. All deliverables will be computer-generated.
Harris & Associates
D~na R.
City of Tustin On-Call Se:'vices'
Pa,:~ '~ ot"~
.cember 5, 2000
Task A. Construction Plans ..
Prepat:e a separate project'Title Sheet. Prepare construction plan sheets, plan and profile sheets and detail
sheets as needed, using the previously prepared base sheets, showing construction to conform to the
approved concept designs. All construction elements would be clearly defined.
Task B. Construction Specifications
Prepare a complete set of project specification in the Cirv's. preferred format, usino= the City provided ·
"Boiler Plate", the "Green Book" and Caltrans Standard Specifications. The Special Provisions and bid
sheet will be prepared in a format consistent with current City projects.
Task C. Cost Estimate
,
Prepare itemized construction quantities and cost estimate (Excel spread sheer) with all required funding
and location breakdowns.
Task D. Bi-Weekly Project Status Report
Submit written Bi-Weekly Project Stares Repons to the Cits.-'s Project Engineer. The reports are an
additional tool which help insure a consistent and efficient communication of the latest project status.
Task E. Construction Document Processing
Upon completion of the plans, specifications and cost estimate, submit sets of each to the Cit3.' for review
and comment at the 60%, 90%, and 100% complete stages. Upon final acceptance and approval, provide
the Ci~' with utilit7 coordination logs, original 24"x 36" plans (ink on double-matte mylar), camera
ready original specifications, and computer disk of specifications, estimate and plans in formats
compatible with City's ~'srem.
Task F. Utilitw PermidCoordination/Environmental Clearances
Prepare and issue appropriate utility notifications and perr%rm related follow-up coordination. Process
and obtain all Caltrans Encroachment Permits, Railroad permits and oth~-.r required permits and approvals '
from ail applicable agencies and funding sources. Prepare ali NPDES permit documents and water qualits:
management plans as required. Obtain all environmental clearances.
Pt-LkSE IV: BIDDING AND CONSTRUCTION ASSISTANCE
Task A: Bidding Assistance
Remain available ro assist the City in answering bidders' questions, attend pre-bid conference and job
wrd 'ks, prepare addenda, anal,vze bids, and recommend award.
Task B: Construction Staking
Provide all construction staking services (and/or engineer field mar 'k/ng of removals, etc.) as required.
Harris utilizes the services of several survey sub-consultants.
Task C: Construction Assistance
·
Attend l~reconstrucrion conference. Monitor construction schedule, visit construction sire as required for
progress and qualiu: of work. Remain available to assist the engineer, contractor, and inspector with
inrer?retarion of the plans and specifications, analysis of changed conditions, development of corrective
action, review of shop drawings and other submittals, and the review and negotiation of change orders.
Prepare "as-built" drawings.
·
Harris & Associates
Dana R. Kasdan ' Pat: 4 o f <
, ~..
City of Tustin On-Cai! Set;iCes wecember 5 >000
Construction Inspection Services
Harris will provide construction observation under the direction and supervision of the City for a
specific project. Construction observation will consist in general of the following:
Monitor compliance with plans and specifications.
Federal funding requirement, as necessary.
Attend meetings and conferences, as necessary.
Prepare and submit daily inspection reports.
Record information related to contractor's work crews and perr%rmance; equipment at site:
instructions given/received; visitors to the job site; construction activities in .progress; deficiencies
noted; construction problems encountered and action taken toward resolution and record of job
site accidents and injuries.
Monitor project for ~e safety of motoring public and pedestrians
Review progress payment requests and veri~ quantities and progress of work.
Process and review change orders, make recommendations where applicable.
Coordination with contractor, agency, staff, etc. Serve as liaison between contractor and CIE,'
contract administrator.
Coordinate ongoing construction survey and testing.
Meet with contractor and review construction schedule and proposed work plan.
Monitor the quali~' of the contractor's work and conformance with plans and specifications.
Review items requiring corrective action and monitor corrections made.
Develop punch list items.
Supplementing CiD' inspection staff as needed during night work. vacations, etc.
Project Team
Design Services
Mr. Randall BerT, PE, would coordinate design on-call services under the general direction or Je~rey
Cooper, PE. The design project management team that would be on-call consists of:
· Randall Berry,, P E (Design Manager)
· Noel Zemla, PE (Project Manager)
· Ehab Gerges, P E (Project Manager)'
· R~dall Bliss, PE (Project Manager)
· Bob Sutherlin, PE (Projec~ Manager)
They will receive expert design and production support from one of the many Harris produc.:ion
staff. The Harris design team is already familiar with the Ci~ of Tustin design preferences and is
ready immediately to be called upon for your various needs. Resumes for the above individu.~ls are
attached for your reference.
Harris & Assodates
Dana R. Kasdan
Ciw of Tustin On-Call Se.wicc~.,
·
,.~.
.~ec:,mb:r 5, 20!)0
Const__.._~mction Inspe.ction Service~
l.
Mr. Steve Velasco would coordinate inspection on-call services under ~he general c~xrec:~on of'Ed
Edwards, P E. Typical inspectors that would be on-call are:
· Alberto Rosiles
· Ron Brunell
· Joe D'Alessio
· John Johnson
· Mike Elliot
· Dennis Dembik
They are yew familiar with public wor~ inspection services and are ready to be c~led upon for
various needs. Resumes for the above individuals, are attached for your reference.
Billinz Raters
Our billing rares are inclusive of the costs associated with vehicles, cell phones, pug:rs, computers.
reprographics and prin6ng (except bid set quantities) and all basic design and inspec.rion equipmer, r.
_Hourly Rate Schedttl_e
Project Director- Jeff Cooper / Edgar Edwards
Design Manager- Randfll Berry,
Design Project Managers Range
Designers/CAD Drafters Range
Construction Project Manager- Steve Velasco
Construction Inspecrors Range
=$175
=$145
= 5120-$135
= $75-$95
= $95
= $75-$95
We appreciate the Cit'?,' of Tustin's consideration of Harris & Associates for ~his assignment and look
forward to providing timely personalized service. If you have any questions or require addition~
information, plea.se do not hesitate to call..
Sincerely,
Randall G. Bero', pr .,'/
Design Mana,,e~
Jeffrey M. Cooper, PE
Vice President
Harris & Assodates
AMENDMENT TO JOINT EXERCISE OF
POWERS AGREEMENT BETWEEN T. HE CITY OF SANTA ANA
AND THE .CITY OF TUSTIN REGARDING THE TUSTIN-SANTA .ANA
TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY
THIS AMENDMENT to the Joint Exercise of Powers Agreement
(" .Arnendment") is entered into as of February ~ 2001, .by and between t-he City of
Santa Ana, a charter city and municipal corporation duly organized under the
Constitution and laws of the State of Califomi.a ("Santa Ana") and the City ofTustin, a
municipal corporation ("Tustin").
RECITALS
A. The Marine Corps Air Station, Tustin, California ("MCAS Tustin") is a
former military installation that has been closed in the manner required pursuant to the
Defense Base Closure and Realignment Act of 1990, as amended ("BRAC").federally
· surplused property at MCAS Tustin consisting o.f approximately one thousand five
hundred and eighty-five (1585) acres is'located in Orange County, Califomia. The
majority ofMCAS Tustin, or approximately one thousand four hundred and ninety
(1490) acres, is located within the City of Tustin, Califomia, and approximately ninety-
five (95) acres are located within the City of Irvine.
B. In accordance with the BRAC, the authority with respect to the disposal of
surplus real property at installations closing thereunder has been delegated to the
Secretary of D.efense and further delegated to the Secretary of the Navy.
C. In accordance with the BRAC, the City of Tustin has been recognized as
the Local Redevelopment Authority ("LRA") for MCAS Tustin by the Office of
Economic Adjustment on behalf of the Secretary of Defense. The City of Irvine has also
signed lead agency responsibility to the City of Tustin for the preparation of the ~,equired
base reuse plan, the applicable environmental documents required by the California
Environmental Quality Act and ail other documents related to the planning for civilian
reuse ofMCAS Tustin.
D. A Joint Final Environmental Impact Statement/Enviromental Impact
Report (the "FEIS/FEIR") for the Disposal and Reuse of MCAS Tustin (the "Project")
has been completed and is recommended for adoption by the Tustin City Council by
Resolution on January 16, 2001. The FEIS/FEIR includes certain transportation and
circulation mitigation measures that are required within the jurisdictional boundaries of
Santa Ana. The FE'ISfFEIR analyses concludes that the mitigation measures contained
therein will adequately accommodate the traffic impacts which are anticipated to be
generated by the Project
E. The parties acknowledge and a~ee that the FEIS/FEIR identifies that the
Project will cause significant impacts in Santa Ana unless mitigated. The parties, in
reaching this agreement, intend to describe a mechanism to finance the traffic
improvements needed in.'Santa Ana to mitigate traffic impacts caused over the next 20
years by the Proj.ect.
F Mitigation Measure T/C-8 on page 4-161 of Volume 1 of the FEIS/FEIR
allows alternative improvements that provide an equivalent level of mitigation in the
Short Range (year 20'05) or Long Range (year .2020) analysis to what is identified in
Tables 4-12-7, 4-12-8 and 4-12-9 to identified between Tustin and the impacted
jurisdiction.
G. Mitigation Measure T/C-9 on page 4-162 through page 4-163 of Volume 1
of the FEIS/FEIR requires that Tustin enter into an agreement with Santa Ana to
establish a fair share funding mechanism .to ensure that off-site traffic improvements
needed to mitigate the impacts of the Project within Santa Ana are constructed (the
".Improvements") at specified areas and locations.
H. Pursuant to the analysis contained in the adopted FEIS/FEIS, and
incorporated herein by reference as though fully set forth here, the Project is required to
fund all or a portion of the cost of ne. cessary traffic mitigation impro.vements proposed
for installation in the short range (year 2005) analysis (the "Short Range Improvements",
and all or a portion of the cost of certain other Improvements proposed for installation in
the long range ( year 2020) analysis (the "Long Range Improvements").
I. On or about November 6, 1989, Santa Ana and Tustin entered into a Joint
EXercise of Powers Agreement creating the Santa Ana Transportation System
Improvement Authority ("JPA Agreement"). This JPA Agreement created two
Transportation System Improvement Program ("TSIP") areas, and pursuant to the
provisions of. Government Code section 6500 et seq., established a legally separate, joint
exercise of powers authority (the "Tustin-Santa Ana Transportation System Improvement
Authority") to exercise various defined powers within the TSIP areas. These powers
include expenditure of developer impact fees ("TSIP Area Fees") to study, plan and
implement area-wide circulation improvements.
J. The parties to this Amendment agree and acknowledge that certain
Improvements should be funded by TSIP Area Fees to be imposed upon all Project non-
residential development physically located within the City of Tustin over the next twenty
(20) years.
K. The parties to this Amendment also intend that the provisions of their
agreement, as evidenced herein, should not be subject to amendment in whole or in part
by the Government Board of the Santa Ana Transportation System Improvement
Authority which was established by the JPA Agreement.
L. The Parties to this Amendment have disagreed as to the transportation and
circulation mitigation measures included in the FEIS/FEIR and the adequacy of the
FEIS/FEIR, and desire to resolve in this Amendment all of their disputes.
AGREEMENT
NOW, THEREFO'RE, based on the mutual promise and covenants hereinl and in
full settlement of their differences, the City, the LRA and Santa Aha a~ee as follows'
A, General
~otwithstanding anything to the contrary in the FEIS/FEIR or in the environmental
findings approved by Tustin in its approval of'the MCAS Tustin Project, the parties agree
that they shall be bound by the provisions of this Amendment.
g~
Improvements .in the FEIS/FEIR
1. ~anta..An.a Accepts Substituted Improv.em.e. nts or Funding. Santa Ana
hereby agrees that the following Short Range and Long Range Improvements in Santa
Ana will not require mitigation by the Project as identified in the FEIS/FEIR or any
funding by Tustin or development projects at MCAS Tustin since in paragraph 2 of
Section E of this Amendment an alternative measure has been identified that provides
an equivalent'level of mitigation as determined by Santa Ana in consultation with Tustin.
This is consistent with provisions of Mitigation Measure T/C-8 in the FEIS/FEIR..Santa
Ana agrees that the Improvements listed below shall also no longer be condition
precedent to the approval by Tustin of development permits for the Project.
~pr-ovements by Location
SR-55 Southbound Ramps at
Edinger
Hutton Centre & MacArthur
Standard & Edinger
Main & Warner*
Grand & Warner*
Ritchey &Edinger
Main & Dyer
Lyon & Edinger
* Improvement to these intersections shall remain part of the funded improvements to
Warner Avenue described in paragraph 2 of Section E. of this Amendment.
2. Tustin's Obligation for Im..prov..e..me...nts. As set forth in Exhibit
A to this Amendment, Tustin shall be liable to Santa Ana for the Total Costs (as defined
in paragraph 1 of Section C of this Amendment) of the Project's designated percentage
share of Improvements identified below and shall pay such amount to Santa Ana
pursuant to this Amendment. Tustin's obligations under this Section B shall not be paid
out of Current or future TSIP Area Fees. Santa Ana's obligations under this paragraph
shall be paid out of TSIP Area Fees not otherwise allocated pursuant to the express terms
of this Amendment.
Improvements by Location
Project Percentage
Grand and Edinger (for both Short Range and
Long Range Improvements )
Grand & Dyer
100%
29%
3. Ti. ming. of Pa~wnent. The Improvements designated in Section
B.2., above, shall be constructed as "Short Range" "h'nprovements, as that term is utilized
in the FEIS/FEIR. Based on the FEIS/FEIR. Trip Budget, Tustin shall inform Santa Ana
when it anticipates that a Short Range Improvement identified in paragraph 2 of this
Section will require mitigation and reach its Average Daily Trip (ADT) threshold
identified in the FEIS/FEIR requiting the Short Range Improvement; provided, however,
that notwithstanding the foregoing Tustin shall conclusively be deemed to have informed
Santa Ana under the provisions of this para~aph as of July 1, 2005. Tustin shall begin
payment of its fair share obligation of the Total Costs for eaCh Improvement no later
than thirty .(30) days after the date Santa Ana invoices Tustin for compensable costs
incurred for such Improvement and in accordance with paragraph 5 of Section C or
paragraph 6 of Section C.
4. Construction by Tustin Of Other Long Range .Irnprovements in Lieu of
payment. Tustin shall assume the "Lead Agency" role (as that term is defined in CEQA)
and shall construct or cause to be constructed .the Long Range Improvement to Redhill
Avenue and Warner as identified in the FEIS/FE[R. The parties, shall cooperate at with
one another in the conceptual design, final design, bid preparation, award of bid, property
appraisal, property acquisition (if any), relocation, lost goodwill, construction and
.acceptance of such Improvement, and give Santa Ana written notice prior to the date that
Tustin awards any design contract for such Improvement. Tustin's construction and the
final acceptance of this Improvement shall relieve Tustin and development projects at
MCAS Tustin of any obligation to pay Santa Ana fair share costs or any contribution of
funds whatsoever for such 'Improvement. All aligmnent and design plans and
environmental documentation prepared by or on behalf of Tustin as Lead Agency for
Redhill and Warner Improvements pursuant to this Amendment shall be subject to 1
approval by Santa Ana, which approval shall not be unreasonably withheld or delayed;
provided, however, that at a minimum Tustin and Santa Ana shall ensure that all design
plans for Improvements located within the jurisdictional boundaries of Santa An.a to
conform to Santa Ana design standards in effect at the time such plans are submitted.
Ce
Responsibility of Parties for Short and Long Range Improvements
1. Total Costs" Defined. As used with reference to Improvements identified
in paragraph 2 of'Section B of this Amendment, the term "Total Costs" means the costs
to be incurred in completion of those Improvements as originally identified in the
memorandum report "Cost Estimates for Grand/Dyer and Grand/Edinger"
("Construction Cost Estimates ") prepared by the City of Santa Ana attached as Exhibit A
and incorporated herein by this reference:
a. Total Costs shall include: costs for.preparation of aligmuents
studies, any enviro .nmen.tal documentation which may be necessary .in addition to
the FE.IS/FEIR, the actual costs of land acquisition, property appraisal, relocation,
lost goodwill including any costs incurred in any eminent domain.action), costs
for design and construction, and administrative costs. Administrative costs shall
incorporate a twenty (20%) cost to cover the construction management
administration for each Improvement to be constructed pursuant to paragraph 2 of
Section B of this Amendment and the overall administration and management of
the Improvement program.
b. Estimated construction costs identified in Exhibit A as referenced
above shall be adjusted to reflect the costs of any alignment studies needed,
enviromnental documentation and land acquisition (including property appraisal,,
relocation, and lost goodwill) and to reflect additional administrative costs beyond
those identified in the ."'Construction Cost Estimates." Construction cost
components that remain shall be adjusted to reflect any increase or decrease in
the cost of construction. The adjustment, i.f any, shall be made using the
Engineering News Record "Cost of Construction Index" (Base 1913 = 100) (the
"Index"). The Index published for the quarter within which this Amendment is
executed shall be considered the "base." Each remaining construction cost shall
be adjusted by the percentage increase or decrease, if any, in the Index published
for the quarter within which the date for first payment over the "base." If at 'the
time of adjustment, the Index shall not exist i.n the same format as recit-ed in this
paragraph, the parties hereto shall mutually agree on any similar construction
index, or successor or similar publication or construction industry group, as may
then be in existence and shall be most nearly equivalent thereto.
2. "Lead Ag.e...n.c.y" Defined. As used herein, the term "Lead Agency"
means the city (Tustin or Santa Ana) which is responsible for undertaking the work
necessary to complete the Improvements, including, but not limited to preparation of
alignment studies and any environmental documentation which may be necessary in
addition to the FEIS/FEIR, land acquisition, property appraisal, relocation, lost goodwill,
and design and construction, either through its own employees or through independent
contractors, except as otherwise provided in this Amendment.
3. Funding .Responsibilities. Tustin shall be responsible for its defined
fair share of Total Costs of the Improvements as identified in paragraph 2 of Section B of
this Amendment, exclusive of any portion thereof as to which any governmental entity
other than Santa Ana may assume responsibility. Nothing herein shall be construed to
restrict' the ability of Tustin to meet its funding responsibilities hereunder through the
imposition of development fees, other than TSIA fees, or such other revenue measures as
may be deemed appropriate by Tustin.
4. Lead Agency Re.s. ponsibilities. Except as otherwise provided in
paragraph 4 of Section B of this Amendment, Santa Ana shall be the Lead Agency for the
Improvements, provided, however, that to the extent that Tustin, subject to the 'approval
of Santa Ana as set fo.rth in paragraph 4 of Section B of this Amendment, .determines that
acquisition of land is required wi.thin 'the jurisdictional boundaries of Santa Ana for the
Improvement to Redhill and Warner .(which is not currently anticipated) and is unable to
acquire land necessary for said Improvement due to Tustin's inability to exercise powers
of eminent domain in the jurisdiction of the City of Santa Ana, Santa Ana shall assume
Lead Agency responsibilities only with respect to such land .acquisit. ion.
Santa Ana agrees to defend, indemnify and hold Tustin, its councilmembers, officers,
officials, employees, agents, and representatives harmless from and against any and all
actions, claims, demands, judgments, attorney fees, costs, damage to persons or property,
penalties, 'obligations, expenses or liabilities that may be asserted or claimed by any
person or entity arising out o.f the negligent acts or omissions or willful misconduct of
Santa Ana in connection with the design and construction of the Improvements by Santa
Ana and Santa Ana's performance under this Amendment.
Tustin shall defend, indemnify and hold Santa Ana, its councilmembers, officers,
officials, employees, agents and representatives harmless from and against any and all
actions, claims. Demands, judgments, attorney fees, costs, damage to persons or prOperty,
penalties, obligations, expenses or liabilities that may be asserted or claimed by any
person or entity arising out of negligent acts or omissions or willful misconduct o.f Tustin
in connection.with the design and construction of the Improvements by Tustin and
Tustin's performance under this Amendment.
5. Paym. ent of Costs. For any portion of Total COsts'incurred by Santa
Ana as Lead Agency, Tustin shall pay to Santa Ana Tustin'.s funding obligation for such
costs, as determined pursuant to paragraph 1 of this Section, as follows' Santa Ana shall
invoice Tustin one month after costs have been incurred, and thereafter, once per month.
Each invoice shall be accompanied by a detailed statement of the costs incurred. Each
proper invoice shall be paid by Tustin within thirty (30) days of receipt. The parties
agree to meet in good faith to resolve any dispute over any invoice or the need and
necessity of any costs incurred. With regard tO any action in' eminent domain undertaken
by Santa Ana in the implementation of this Amendment, Santa Ana may require
payments from Tustin at such time as Santa Ana determines to be appropriate to
discharge its responsibilities for such action. .
6. Pa ..7ment by Tustin to Santa ..Ag..g ofiTustin's Fair Share. For the
improvement at the intersection of Grand & Dyer, Tustin shall pay Santa Ana twenty-
. nine percent (29%) of the cost of the Improvement. Tustin agrees that Santa An..a shall
be provided with full reimbursement for' its seventy-one percent (71%) portion of the
funding obligation for the Improvement as shown in Exhibit A from TSIP funds
collected from TSIP Area B, excluding TSIA fees generated by the MCAS Tustin Project
Improvement, as shown on Exhibit D hereto, at such time as Tustin is required to install
such Improvement based on the FEIS/FEIR Upon Tustin's payment to Santa Aria of its
funding obligation for the Improvement, Tustin shall be thereupon relieved of any further
responsibility for the completion of the Improvement and the completion of the
Improvement shall no longer be condition precedent to the approval by Tustin of
development permits for the Project. The amount of payment due to Santa Ana from
Tustin pursuant to this Section shall be the Tustin's obligation-of the Total Cost of the
Improvement at the time pa.yrnent is made consistent with Sections B Section C of this
-.Amendment.
7. Use of Funds by Santa Ana'. Any .and all funds received by Santa Aha
fi'om Tustin for Improvements pursuant to this Amendment shall be used exclusively for
the Improvements. Santa Aha shall construct or caused to be constructed all of'the
Improvements for which funding is provided pursuant to this Amendment and cause a
notice of completion to be filed for each Improvement so constructed within a reasonable
period of time, which in no event .shall be longer than the period for construction set forth
in the construction contract.
0
Alternative Improvements
~anta Ana, in cooperation with Tustin and affected jurisdictions, shall be entitled to
propose, select and implement alternative Improvements to those Improvements
identified in the FEIS/FE[R and requiting funding by Tustin as described in Section B of
this Amendment; provided, however, that in no case shall Tustin's share of' the costs of
an alternative Improvement exceed Tustin's fair share funding obligation for the original
Improvement as set forth in the FEIS/FEIR and in this Amendment. Any such
alternative shall be memorialized by a written amendment to this Amendment, as
pmvi'ded in paragraph 1 of Section H of this Amendment.
E~
Other Supplemental Improvements
Santa Aha and Tustin have created the Tustin-Santa Ana Transportation System
Improvement Authority ("TSIA") and designated Transportation System Improvement '
Program ("TSI?") areas. The Project is partially located within the current TSIP Benefit
Area B for which development fees will be calculated by Tustin and Santa Ana for area-
wide transportation system improvements.
The parties agree that the certain Supplemental Improvements are Improvements that will
benefit both parties and that there is a desire to prioritize any receipt of future TSIA fees
from the Project which could be used for these Supplemental Improvements and to
cooperate in the implementation of these Supplemental Improvements as follows:
1. Effective immediately, TSIP Area B is and shall be amended, as shown in
greater detail in Exhibit C hereto and incorporated herein by this reference, to incorporate
the entirety ofMCAS Tustin located within the corporate boundaries of the City .of Tustin
(approximately 1507 acres). Commencing January 1, 2010, TSIP Area B shall be further
amended, as shown in greater detail in Exhibit D hereto and incorporated herein by this
reference, to exclude all property other than the entirety of MCAS Tustin located within
the corporate boundaries of the City of Tustin (approximately 1507 acres). The term of
the Joint Exercise of Powers Agreement is amended to extend the term of the obligations
of parties until January 1, 2020 only as it relates .to TSIP Area B, as hereto amended by
Exhibit D. All references in the JPA Agreement and this Amendment to TSIP Area B
shall be deemed to re:fer to said Area B as revised from time to time pursuant to this
paragraph.
2.. Santa Ana and Tustin agree that eighty-five percent (85%) of TSIA fees
collected by Tustin from the Project will be solely allocated to Santa Ana for the
widening of Warner Avenue to six (6) lanes between Grand Avenue and Main Street and
related intersection improvements on Warner Avenue at Grand and Standard Avenues
and Main Street. Santa Ana will assume Lead Agency responsibility for such widening
and agree to complete design and construction of link segments and intersection
enhancements in phases and consistent with their receipt of TSIA fees fi'om the ProjeCt.
Santa Ana also agrees that completion of any phased portion of the Supplemental
Improvement shall not be a precedent to the approval by Tustin of development permits
for the Project tied to the Average Daily Trip (ADT) thresholds for each Improvement as
described in' the FEIS/FEIR. Any and all TSIA 'fees collected pursuant to this paragraph
shall be transferred by the Treasurer of the JPA to Santa Aha on January 1 and July 1 of
each year, and may be used by Santa Ana for preliminary costs such as alignment
studies, design, environmental documentation beyond the FEIS/FEIR, property appraisal
for improvements, property acquisition, relocation, lost goodwill, attorney's fees and
. court costs, and construction costs. Upon completion of the widening of Warner
Avenue to six (6) lanes between Grand and Standard Avenues and Main Street (and
related intersection improvements on W. amer Avenue at Grand and Standard Avenues
and Main Street), the JPA Governing Board shall mutually agree to allocate remaining
TSIA funds generated from MCAS Tustin, if any, to other area-wide transportation
system improvements benefiting TSIP Area B, as amended.
3. . Such TSIA fees may be used by Santa Ana for all costs related to this
improvement, including but not limited ,to preliminary costs such as property appraisal,
property acquisition (if any), relocation, lost goodwill, cost of environmental
documentation, preliminary and final design and administration.
4. Santa Ana and Tustin shall agree on how any additional TSIA fees
collected within TSIP Area B solely from the Project, beyond those collected and
assigned to the Supplemental Improvement identified in paragraph 2 above, shall be
allocated. Santa Ana, agrees to give consideration to prioritizing any Tustin defined
Long Range Improvements to Barranca Parkway and Jamboree Road as a high priority
for the fifteen percent (15%) of TSIA Area B fees generated by MCAS Tustin not
allocated pursuant to para~aph 2 of this Section E.
5. Tustin and Santa Ana agree to cooperatively advocate any applications
for regional, state or federal funding for supplemental Improvements identified in
para~aphs 2 and 3 above, and any bonding or other form of finanCing by the JPA
Governing Board to obtain present value of the funds specified in .paragraph 2 of this
Section E utilitizing TSIA Area B fees from the MCAS Tustin project as debt service
payments.
6. During the term of the JPA Agreement and this Amendment,
Tustin shall not fail to collect TSIA fees from any non-residential development within
TSIA Area .B as "development" is defined in the JPA A.~eement.
F~
Satisfaction of Mitigation Measure
Santa Ana agrees that by executing, delivering and fully complying with the terms and
provisions of this Amendment, Tustin has satisfied Mitigation Measure T/C-9 in the
FEIS/FEIR.
G. Covenant Not To Sue
Based on this Amendment, Santa Aha hereby agree and covenants that this .Amendment
forever satisfies any past, present or future claims which Santa Ana had, has or may have
against Tustin or its agents, officers, representatives, and assigns arising out of the
approval of the MCAS Tustin Project and the preparation and certification of the
FEIS/FEI~. As a result, Santa Aha hereby covenants not to file a claim or lawsuit against
Tustin, the City of Irvine, or the United States of America regarding the .disposal of
property or reuse at MCAS Tustin or the FEiS/FE~ for the Reuse and Disposal of
M.CAS Tustin or the approval of any and all future discretionary implementation actions.
needed for the MCAS Tustin Project including construction contracts, development
applications, development project approvals or permits (including any necessary
subsequent environmental documentation for any and all implementation actions and/or
creation of a Redevelopment Project) related to MCAS Tustin, so long as the disposal of
Property and reuse ofMCAS Tustin is consistent with "Alternative 1" as set forth in the
FEIS/FEIR.
As used in this Amendment "file a claim" includes filing a claim under the State Tort
Claims.
Santa Ana also agrees and covenants to not fund, in whole or in part, any claims or
lawsuits against the parties identified in this Section by any other individual or entity.
Tustin also hereto covenants not to file any furore legal actions of whatever kind or
nature against Santa Ana regarding the "MacArthur Place Program Environmental Impact
Report, EIR No. 87-1," certified by the Santa Ana City Council on December 7, 1987 and
approval of subsequent projects at MacArthur Place consistent with entitlement levels
previously authorized by EIR 87-1.
The terms of this Amendment may be enforced by court judgment, or judgment,
including through an action for specific performance.
H. Miscellaneous
This a~eement is in furtherance of a settlement of disputes among the Parties and
nothing in this agreement is intended as an admission of any fact or issue in dispute. No
statements in this Amendment may be used in the event of litigation.or in any other
context as an admission of a Party.
1. Amendments. Neither this Amendment nor any term hereof may be
changed, waived, discharged or terminated orally or in writing, except that any term of
this Amendment may be amended by a writing signed by the parties following approval
of their respective City Councils, and the observance of any such term may be waived
(either generally or in a particular instance and either retroactively or prospectively) by a
writing signed by the party against whom such waiver is to be asserted. The Governing
Board of the JPA shall have no power or authority to change, waive, discharge, terminate,
alter or modify the terms and provisions of this Amendment. Except as expressly set
forth herein, the terms and provisions of the JPA Agreement shall remain in full force and
effect.
2. ~Notice~. All notices, or other communications provided for or
permitted hereunder shall 'be made by hand-delivery, pre-paid first-class mail, or
telecopier:
Tustin:
William Huston, City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
telecopier (714) 832-0825
Santa Ana:
David N. Ream, City Manager
City of Santa Ana
20 Civic Center Plaza
Post Office Box 1988
Santa Ana, CA 92707
telecopier (714) 647'.6954
and
10
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
'P.O. Box 19.88
Santa Ana, CA 92702-1988
telecopier (714) 647-6956
and
City Attomey
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telecopier (714) 647-651'5
All such notices and communications shall be deemed to have been duly given:
when delivered by hand, if personally delivered; two business days after 'being deposited
in the mail, postage pre-paid, if mailed as aforesaid; and when receipt acknowledged in
writing by the recipient, if telecopied. Any party may fi'om time to time, by written
notice to the other, designate a different address that shall be substituted for that specified
above.
3. Counteroa~s. This Amendment may be executed in any number
_
of counterparts and by the parties hereto in separate counterparts, each of which when so
executed shall b'e deemed to be an original and all of which taken together shall constitute
one and the same agreement.
4. Headings. The headings in this Amendment are for
convenience of reference only and'shall not limit .or 'otherwise affect the meaning hereof.
5. Governing Law. This Amendment shall be gov, emed by and
construed in accordance with the internal laws of the State of California applicable to
agreements made and to be performed within the state.
6. Entire A~eement. This Amendment and the JPA Agreement are
intended by the parties as a final expression of their agreement and is intended to be a
complete and exclusive statement of the a~eement and understanding of the parties
hereto in respect of the subject matter contained herein. This Amendment supersedes any
and all prior restrictions, promises, representations, warranties, agreements,
understandings and undertakings between the parties with respect to such subject matter.
7. Attomeys' Fees. As of January 1, 2010, paragraph 9 of the JPA
Agreement is deleted, and shall be null and void for all purposes.
11
8. Severability. In the event that any one or more of the provisions
contained herein, or the application thereof in any circumstances, is held invalid, illegal
or unenforceable in any .respect for any reason, the remainder of this Amendment and
application of such provisions(s) to other circumstances, shall be interpreted so as best to
reasonably effect the intent of the parties hereto.
9. Enforcement of this Amendment. The parties acknowledge and agree that
the provisions of this Amendment 'relating to the construction of certain physical
improvements to improve the circulation of vehicles, is intended and shall be interpreted
to be mitigation of impacts of the disposal and reuse of MCAS Tustin as set forth in the
FEIS./FE[R. The parties .acknowledge and agree that the provisions of this Amendment
relating to such improvement, s ("mitigation measures) are intended and shall be
interpreted as mitigation of significant impacts to the environment. Further, the parties
acknowledge and agree that the mitigation measures set forth in this Amendment mitigate
significant impacts to the same extent and level as Mitigation Measures identified within
the jt/risdictional boundaries of Santa Ana i.n the FEIS/FEIR, implement Mitigation
Measures T/C-8 and T/C- 9 in the FEIS/FEII~ and that said mitigation measures set forth
in this Amendment shall be fully enforceable both in law and in equity as "mitigation
measures" pursuant to NEPA, CEQA and AB 3180 (Chapter 1232, Statutes 1988).
10. Force Majeure. Neither of the parties hereto shall be responsible for
any delay in its performance hereunder resulting from shortage of labor or materials,
delivery delay, major equipment breakdown, load management, strike, labor disturbance,
war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine
restriction, sabotage, act of public enemy, earthquake, governmental .rule, regulation or
order, including orders or judgments of any court or regulatory body, act of God, or from
any other cause or condition beyond the reasonable control of the parties.
12. Time is of the Essence. Except as provided in paragraph j. above,
relating to failure or delay in performance, time is of the essence i-n respect to all
provisions of this Amendment in which a definite threshold for performance is specified.
13. Fun. her,Assurances. Subject to the terms and conditions hereof,
the parties agree to cooperate with each other and to perform such further acts or execute
and deliver such additional instruments or documents as any party may reasonably
request in order to carry out the purposes of this Amendment and the transactions
contemplated hereby.
[Signatures provided on next page}
12
IN WITNESS WHEREOF, the parties hereto have .executed this Amendment as
of the date first above written.
SANTA ANA
ATT. EST'
P A~'CIA E. HEALY t
Clerk of the Council
CITY. OF"
AS ·
FLETCHER
;y
CONTENT:
City Manager
~[ity%SLA STO R
Lois .~effrey, City Attorney
/.
APPROVED AS TO CONTENT'
W~LL~ HUSTONy
City Manager
TUST.IN
CITY OF TUSTIN
2 RACI. J/CmLS WORLEY
Mayor "
13
Exhibit A
Public Improvements and Cost Estimates
JAN-~-~001
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
PatTioia A. McGuigsn
GOUNCILMEMBER,~
Claudia C. A~r~
Lls~ Bis[
Al~a D. C~
Br~ Fmn~n
10:19
C,~,~ OF TUST I N
CITY OF SANTA ANA
PUBLIC WORKS AGENCY M-21
P.o. Box 1~
~1~ Ara, California 92702
C ~ MANAGER
David N. Ream -
CI~ A~ORN~
JO~p~ W, Fm~er
cLERK OF THE ~OUN~''.
PaMela E. Haaly
January 5, 2001
Christine Shingleton, Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780 .
Subject: Cost Estimates for Grand/Dyer and QrandlEdinger
,
Dear Chri~tino:
As promised the City of Santa Ana Public Works agency has prepared cost estimates
for the inter, ection improvements: The cost e,fimates include d~ign, right-of-way'
acquisition and construction. The estimated costs for each inter~ection are for short'
range and long range improvemonts. A ~ummary of the ¢o~ ~timatas is as to[lows-
, ._
i~ter~ection .
~r..and/Dyer
Short range 2005
Long r_~n~e 2020
Tot ii
Grand-/~=di~ge~
.lmprc;Ve__m, ,ent,, ' ....
Add- E/B LT-
,, ,
add'W/B Thru
Short range 2005
Long range 2020
..... TotaI
AdJ i~i/B Lt and P~t:
Acid EIB Lt and RI;
Add StB Lt and Rt
.
Add WlB, Lt and Rt_
.
Estimated
"Tusfin Share
.__ ss,coo (2_9_%)
I?4,000
.......... · 1 _
1,800,000 (100%)
g0o,oob
2,700,000
,~nt~ Ana Share._..
%)__
.14 ,0,o0 (71%)
42e,ooo_
2,10o,o0o
(100% TS. IA fe.e)_
As discussed at our December 21, 2000 meeting, Santa Aha' is requesting that both
Grand/Dyer and GrendlEdinger intersections be fully improved in the short range
(~005). The intersection of Grand/Dyer is designated as an enhanced intersection per
the City's Circulation Element. The intersection of Grand/Dyer is presently operating at
LOS E.. The necessity to fully improve the intersection now is based on the fact that it
is currently operatir~g below acceptable' level of servi~e, and the situation will be
exasperated with MCAS Reuse Plan traffic. The intersection cannot wait until 2020 for
the full intersection improvements.
.,
The intersection'of Grand/Edinger is designated as an enhanced intersection per the
Ciht's Circulation Element, Three of the intersection legs will be widen in the sho~
range. Santa Ana/TuStin TS IA fee would fund the north and we~t leg~ while the project
(MCAS Tustin) is responsible for funding 100% of the south in the short range. The
City of Santa Ana requests Tustin to widen the east leg in the short range to coordinate
and provide the proper lane alignment with the west leo. In oummary if three
intersection legs are widened, the fourth leg must also be widen concurrently.
tn exchenge for the full improvements at Grand/Dyer and G rand/Edinger the City of
Santa Ana will forgo mitigation of the other interse~ions. A detailed cost estimato and
preliminary plan is attached for your review, if you or your staff have any questions
re~arding the cost estimate~ or scope of work please call me at your convenience,
o
Sincerely,
George Alvarez
City Engineer
Cindy Ne[son
Jim RoSs
Ben Kaufmen
Enclosures
K:',Sr. Managemen~.l. ettem~,ChrJetlne Shingletgn ¢i.~aljll,dae
:"i
Exhibit B
Reserved
JAN-~-~00~
..~",' ,...,,) OF TUST ! N
?14 8~8 1
Grand Avenue and Dyer Rd. Widening
Preliminary Cost Estimate
P, 06,/:!,3
1/5/01
-
JAN-~-~001 ~0: ~
·
·
OF TUSTIN
PUBLIC WO,RKS AGilitY
' C~T¥ OF ~;A,-]TA AHA
' T/?/
714 838 1602
P. 07/13
i
...
/
./
/
/
/
lb/' -.
___ .
/£ t
~1 = =I ~ I II I~ II
t
i i
,, ,¢'/
I
..,~OF TUSTIN
"~
GRAND AVENUE EDINGER AVENUE INTERSECTION
. PRELIMINARY pROJECT COST F..$TIMATE
SUMMARY
;,,~,~.. ?14 838 iG02
-~.
CITY OF SANTA ANA
.pmj~=r I::)e~cr[ptJon: Grand A~, Edlnger AY:. Inhht~;e~len Impmwments.
Limits'
pm~cl In,.,prc~en~ent (Scape)' 121 foot Rtght.~.Ws~
ROADWAY t'T~$
·
TOTAL CONSTRUCTION GOST
.TOt:AL CAPITAL CO,ST
DESIGN ENQINEERINI3
CONSTRUCTION ENGINEERING
0
RIGHT OF ~rAY
TOTAL PROJEO'i' CO~T
t ,aB7,OO0
~4,0o0
294,000
4,740,000
E~.tlmate Pr.'p~ed ~ I_,l~e~te M~t~u~-arr~
Approved by:. Jaff Fz'omhe.dz
updated t;9' OtJy or Sent~ Aha. a~f/
Date: 07/05,'~$
N;\o.~gT~06 t\daes~lt2.EcllnQrancost3.X~s
S/30/00
JAN-~-~001 ~0: ~
·
A3iL OON~ULI'IN{3 ENGINE~R~
C,,~, ..OF TUST ! N
,
.,
GRAND A'V~NUE F_.DINr~ER AVENUE INTEIa. SEOTIQN - PREUMINAHY PROJECT COb"T ESTIMATE
ROADWAY ITEMS ,~UMMAi::iY
714 838 1602
..'
P, 10/13;
Ct'fY OF SANTA ANA
·
155,000
OB.O00
Trn~c Item,~ ............................................................................................................. ~
o
U~i~ ltem,~ ............................................................. ; .................................................... S
Lancbcai~m .................................................... " ......................................................... :.. $
~,.5,000
7S, OOO
Miner
· P,~dw~y
t~,OOO
.... Re{t~r,,? c~ntinget~eie. .......... ,_ ......................... : ............................................................. $ ...... IB,3,~g
.
'F
. .,.'6~,1 Raadway lmn~ ............. ' $' i,~57,0oo
·
N;~Sg7~S l~docs~lt2.EdinGran~=os~.xls
OHEET 2 OF 14
·
A~L CONSULTINO ENi~IN~E'~8
· .
I. ROADWAY
Soctian I Earthwark Unit,
R~adway Ex=avoUch M3 ·
2~' ~ckne~ ~ssumed
CleAring & Grubbing L$
R=movo Curb & Gutter m
·
RemovaJs (Sidewalk) . M3
WhaHchair Ramp EA
di~n Ares
·
Secdc~n 8 Drainage Unit
O~[ch B~sin EA
Pipe
450 rru-n RCP M
·
P&rkway culYart - EA
SecU=n '~ Tmffio Imms Unit
6A- Tra~¢ signing & sipping · . LS
BO - Site.et lighBng: LS
Tra~cOontto! .:; L$
·
·
Relocate RI;er Optics L$
N :\0597~ e l~cle~s~[t2,- EdlnOr-'~ncest3,xts
C,~'~. OF TUST I N
(3~lD AVENUE $DINGER AVENUE INTERSECTION
. PRELIMINARY PROJECT COST ESTIMATE
.~,"~,. '714 838 1G02 P. 11/' 13
·
-
CITY OF: SANTA ANA
(3uanl~ty Unit Price
1531~ x . S3S,00
Cc~st
855,391
t X S20,000.00 --
25~3 X $:3t.00 -
TOTAL EABTHWORK
1017
77O
S~.OO =:
413 x
$39o.13o -.-,
$245,00 '=
3,.32 x
$1S00.00
751 z $S6.00 --
TOTAl: STRUCTURAL SECTION
. .
O;~antity Unit Price
·
3 x $10o00,00 --
$20,000
S80,073
$61,D00
$151,15;
$6,000
$72,~84
'$
·
S3O,000
155,4~4
,
$400.00 =
12 x $1800,00 ~
.
Ouantity
ym~mm
TOTAL DRAINAGE
Unit Price
x $100013,00
$150000.00
X S20000,CIO ---
830000.00 m
S250130.13o =
TOTAL TRAFFIC ITEMS
SHEET 8 OF 14
o
510,000
S 150,000
$?.0',000
· $25,000
es, coo
23S,000
~30/00
ASL OoN~IJL'I'ING, E~INE~R~
Relocate water meter
i=leto~t~n,~t~li =~,~,t fight ...EA
L~decaping . LS
' ':,ion 7 Minor Items
· ..
~woUon ~ Ra,,away Mcsb~l[za. tlon
S~ubte~ See~an 1,0
Minor Items
Section e OontlngenG,j'
Subtotal 8colSon 1--6
Mincer lt~rr~
('~ OF TUST ! N
..
GRAND AVENUE EOING~.I~ AVI~NUE tNTER~E{3TION
· PRELIM[NARY PROJfi[GT GOST ESTIMA"t"E
,
.~. ?:L4 838
:
crrY OF SANTA ANA
.
'7' x
$~000,00 S3so,ooo
I x $7oooo.o0
4 :x $~0o.~
~?0,000
;~3.9,000
10 x
Quantity
TOTAL. UTILITY ITEMS
Unit
·
$7'S,000.00
$
7~,000
8U~?OTA],, ~ECT'IONS 1-~
$ I,ES4,000 X' SO.OS
,
TOTAL MINOR ITEMS
S77,?00.0
?'~,:000 '
$ .' 7B,O00
8urn ;~
1,e;32,0~0 X $O. lO
TOTAl.., ROADWAY MOEILIZATION
1;3,000
S 1,554.000
5urn ~ 1,$$2,o0o x $0.10
~163,D00
TOTAL ¢ONTING~NOIES
$ 18.3.000
N:\O§aT~oa~oc~l~-Edin~3ran~st3.x!e
TOTAl= ROADWAY ITDM$
SHEET 4 OF
t ~95a
.5/30t00
ASL. CONSUL'I'IN~ ENGINEEP~
pr~i.a~ Na.: 0.~7.081
·
,..~"~ OF TUSTIN
:....
· RAND AVENUE EDINGER AVENUE INTERSEGTION
· PRE'I.J. M1NARY PROJECT COST ESTIMAT~
838 1602 P. 13/13
·
·
'om, o~ sAm-~ ~
TetaJ Cost fnr
.gtmeture .
IlL ENG[NEERING
Design
!
.' Subtotal OonstrucUan 0c~L x
;l,g57,O00 x
IV. RIGHT OF WAY
..._..~...'....----~mm___ - --- ,~--;
Acquiaitiert'
Impacted Parking.
Unit
Oanslrudlen
L$
TOTAL b'TRUO~RES ITEMS
SO
15%
1~/,, s p.94,000
15%
TOTAL ENGINEERIHG
.
ouantJty
~17
Ave IJ~lt Price
5~'75
TOTAL RIGHT OF WAY
Flight of way AdministraUon
1~ R.O..W, 0,nlincj~ncy
.
TOTAl.
·
$~14,5oo
1 ,Bs4,200
N :'~O;q .~ 7~0 it t~cloe.'~J~- Edln Oranc o~t3.xts
5/30/00
TOTAL P. 13
Exhibit C
Revised TSIP Boundaries 2001
MCFADDEN AVE.
EDINGER AVE.
d
WARNER AVE.
DYER RD.
R .~B"
CORSAIR STATION ,",
~-.~~ ~ '-..
\
\!
SANTA ANA
PUGt. JC N~I~$ &~NCY
EXHIBIT
· ·
Exhlb It D
Revised TSIP Boundaries 2010
N.T.8.
CITYOF SANTA ANA
CITYOF TUSTIN
CITYOF IRVINE
SANTA ANA
PUBL~ IIORKS
EXHIBIT