HomeMy WebLinkAbout13 COOP AGMNT W/OCTA 02-19-08Agenda Item 13
Reviewed:
AGENDA REPORT City Manager
Finance Director NIA
MEETING DATE: FEBRUARY 19, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. C-7-1195 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR EXPANSION OF PARKING CAPACITY AT THE TUSTIN
METROLINK STATION
SUMMARY
The Orange County Transportation Authority (OCTA) is requesting that the City of Tustin enter into
Cooperative Agreement No. C-7-1195 that would allow the OCTA to proceed with design and
construction of a 5 -story, 825 space parking structure to serve the Metrolink Expansion Program.
Ownership, operation and maintenance of the train station will be deferred to a later date pending
further discussion with the OCTA and is not a part of this agreement.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. C-7-1195 with the
Orange County Transportation Agency (OCTA) for Expansion of Parking Capacity at the Tustin
Metrolink Station, and authorize the Mayor and City Clerk to execute the document on behalf of the
City.
FISCAL IMPACT
Design and construction of the parking structure will be administered by the OCTA and funded with
State Transportation Improvement Program (STIP) money; therefore the City of Tustin is not
anticipated to incur costs for design and construction. However, annual costs of operating and
maintaining the station with a parking structure could exceed $300,000. For this reason discussions
with the OCTA are ongoing with regards to the future costs of operation and maintenance of the
station.
BACKGROUND
On November 14, 2005, the Orange County Transportation Authority Board of Directors adopted the
"Metrolink Service Expansion Program" to implement 30 minute rail service from 5:00 A.M. to
midnight between Fullerton and Laguna Niguel/Mission Viejo. To meet the increased service levels,
parking expansion at the Tustin Metrolink Station is needed to accommodate future parking
demands. Recently completed parking demand studies indicate that the Tustin Metrolink Station will
need to expand its parking capacity from the existing 317 spaces to approximately 825 spaces to
meet future demands.
Approval of Cooperative Agreement No. C-7-1195 between the Orange County Transportation
Authority and the City of Tustin for Expansion of Parking Capacity at the Tustin Metrolink Station
February 19, 2008
Page 2
In 2007, the California Transportation Commission (CTC) adopted the State Transportation
Improvement Program (STIP). The approved STIP provides $10,600,000 for the design and
construction of a parking structure at the Tustin Metrolink Station. The funds have been
programmed to allocate $1,100,000 for design in FY2007/2008 and $9,500,000 for construction in
FY 2009/2010. The adoption of a Negative Declaration for the parking structure by the City Council
on November 6, 2007 allowed the OCTA to access the existing allocated STIP design funds.
DISCUSSION
Prior to proceeding with the design, the OCTA requires the City to enter into the present cooperative
agreement with them that defines the duties and responsibilities of each party. Basically, the OCTA
will manage the design and construction of the parking structure. The City will have significant input
in the design and construction process. Upon approval by the City Council, the cooperative
agreement will be scheduled for approval by the OCTA Board of Directors. The OCTA Board is
scheduled to consider it at their March 18, 2008 meeting.
Depending on the outcome of discussions regarding ownership, operation and maintenance of the
station, the City or the OCTA will accept the ownership of the station, along with the long term
responsibility for the maintenance and operations of the facility. The Public Works Department is in
the process of determining the annual cost of operation and maintenance of a 5 -story parking
structure. However, City staff has been advised that the annual cost of operation and maintenance
could exceed $300,000 per year.
Another unresolved issue regarding construction of the Metrolink Station parking structure is
maintaining access and service to the station during construction. Generally, the structure will
consume the surface parking lot, which leaves no place for existing Metrolink commuters to park
unless they go to another station. Off site parking is being investigated, but may not be an option.
The station may need to be closed to all commuters, including transit users, during construction.
These are operational issues over which City and OCTA staff have had numerous discussions and
must be resolved during the design stage.
In order to begin design of the parking structure, staff is recommending approval of Cooperative
Agreement No. C-7-1195. The City Attorney has reviewed the document and approved it for
execution by the City. The issue of ownership, operation and maintenance of the station with a
parking structure, as well as parking during construction, is to be resolved prior to construction.
J � .
Tim D. Serlet Dana R. Kasdan
Director of Public Works/City Engineer Engineering Services
Attachment: Location Exhibit
Site Map
Cooperative Agreement No C-7-1195
S:\City Council Items\2008 Council Items\Approval of Coop Agreement for Expansion of Metrolink Station Parking.doc
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COOPERATIVE AGREEMENT NO. C-7-1195
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
EXPANSION OF PARKING CAPACITY AT TUSTIN METROLINK STATION
THIS AGREEMENT (hereinafter referred to as "AGREEMENT") is made and entered
into this day of , 2008, by and between the Orange County
Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-
1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY")
and the City of Tustin, 300 Centennial Way, Tustin, California 92780-3715, a municipal
corporation duly organized and existing under the constitution and laws of the State of
California (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, AUTHORITY, the transportation agency for the County of Orange, and
CITY desire to enter into a Cooperative Agreement to construct a new 825 space parking
structure to expand the parking capacity of the Tustin Metrolink Station ("Tustin Station"),
located at 2975 Edinger Avenue, Tustin, California, 92780, as defined in Attachment 1 to this
Agreement (hereinafter referred to as "PROJECT"); and
WHEREAS, AUTHORITY's Board of Directors, on November 21, 2005, authorized
policies and secured State Transportation Improvements Program (STIP) funding to implement
Metrolink commuter rail service expansion to achieve, by 2010, 30 -minute headways in the
Orange County Line, between the Fullerton Transportation Center and Laguna Niguel/Mission
Viejo Stations; and
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AGREEMENT NO. C-7-1195
WHEREAS, such Metrolink commuter rail service expansion will require expanding
parking capacity at several stations, including Tustin Station; and
WHEREAS, CITY owns, operates and maintains Tustin Station; and
WHEREAS, AUTHORITY and CITY desire to herein specify their respective roles and
responsibilities for performance of PROJECT;
NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY
as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including all exhibits and documents incorporated herein and
made applicable by reference, constitute the complete and exclusive statement of the term(s)
and condition(s) of this Agreement between AUTHORITY and CITY and supersedes all prior
representations, understandings and communications. The invalidity in whole or part of any
term or condition of this Agreement shall not affect the validity of other term(s) and condition(s)
of this Agreement. The above -referenced Recitals are true and correct and are incorporated
by reference herein.
B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment
of AUTHORITY's right to such performance or to future performance of such term(s) or
condition(s), and CITY's obligation in respect thereto shall continue in full force and effect.
Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
specifically confirmed in writing by an authorized representative of AUTHORITY by way of a
written amendment to this Agreement and issued in accordance with the provisions of this
Agreement.
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AGREEMENT NO. C-7-1195
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment
of CITY's right to such performance or to future performance of such term(s) or condition(s),
and AUTHORITY's obligation in respect thereto shall continue in full force and effect.
Changes to any portion of this Agreement shall not be binding upon CITY except when
specifically confirmed in writing by an authorized representative of CITY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. RESPONSIBILITIES OF THE CITY
CITY shall serve in a support role for PROJECT, and shall perform the following
essential support activities:
A. Lead the environmental review and secure the required environmental clearances;
B. Identify approvals and permits required by CITY, third party public agencies or
private sector entities, including utilities; and assist in securing such approvals and permits for
construction of PROJECT;
C. Assist in identifying right-of-way and easement requirements. Support activities
related to securing such property or easement for construction of PROJECT, including
property and easement required for temporary or staged construction of PROJECT, and
property required for replacement parking during construction;
D. Perform technical reviews, including required CITY departmental reviews and
commentary, during project development and construction, of studies, reports, design criteria
and basis -of -design documents, plans, specifications, and related construction documents;
E. Participate in the review and commentary of design documents for conformance to
applicable planning codes and ordinances, building design codes and standards, health and
safety codes and ordinances, public safety and facility security requirements, and transit
industry best practices;
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AGREEMENT NO. C-7-1195
F. Participate in the oversight of the development of a Parking Management Plan for
Tustin Station, to coordinate various stakeholders' interests and input, including CITY's
departmental input. The Parking Management Plan will serve as a basis -of -design document
for the PROJECT upon approval by CITY;
G. Participate in
the development of a strategic approach
to
local community
involvement and public
outreach activities during implementation
of
PROJECT, until
completion of construction;
H. CITY shall make reasonable efforts to issue permits for work done within its
jurisdiction and cooperate with AUTHORITY for the relocation, protection, and construction of
utilities within PROJECT site limits;
I. CITY shall provide AUTHORITY opportunities to review and comment on studies,
reports, plans, specifications, third party agreements, and other documents related to
PROJECT developments, which are in CITY's possession and/or which have been provided to
CITY for review. To the extent that such documents or third party agreements may obligate
AUTHORITY, AUTHORITY shall have the opportunity to review and approve prior to
document acceptance by CITY;
J. CITY shall operate and maintain Tustin Station during the development period
for PROJECT. Coordination and implementation of facilities operations and maintenance plan,
facility security plan, public safety and policing, and emergency preparedness plan will be
addressed under a separate agreement or an Amendment to this Agreement, before the start
of PROJECT's construction phase.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY shall be the lead agency for PROJECT implementation. AUTHORITY
shall perform the following essential activities:
A. Identify and secure funding sources, and administer funding during all phases of
26 II PROJECT;
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AGREEMENT NO. C-7-1195
1 B. Provide funding for Design Phase of PROJECT up to a maximum cumulative
2 payment obligation amount of One Million One Hundred Thousand Dollars ($1,100,000.00) in
3 STIP allocated funding, as outlined in Attachment 2 to this Agreement. Provide funding for
4 Construction Phase of PROJECT up to a maximum cumulative payment obligation amount of
5 Nine Million Five Hundred Thousand Dollars ($9,500,000.00) in STIP allocated funding, as
6 outlined in Attachment 2 to this Agreement, as this amount is a conceptual estimate, this
7 amount shall be updated at 65% design completion;
8 C. Lead the procurement for design consultant services for PROJECT, allowing for
9 CITY support and input in the evaluation and selection of the design consultant team;
10 D. Complete PROJECT per Scope of Work, as outlined in Attachment 1 to this
11 Agreement, and in accordance with PROJECT schedule and STIP allocated funding, as
12 outlined in Attachment 2 to this Agreement;
13 E. Comply with all federal and state third party contracting laws and regulations;
14 F. Project management and project administration;
15 G. Project design planning and site master planning;
16 H. Site and facilities design;
17 I. Secure approvals and permits required by CITY, third party public agencies or
18 private sector entities, including utilities. Coordinate activities related to securing, and secure,
19 such approvals and permits for construction of PROJECT;
20 J. Identify right-of-way and easement requirements; and coordinate activities
21 related to securing, and secure such property or easement for construction of PROJECT,
22 including property and easement required for temporary or staged construction of PROJECT,
23 and property required for replacement parking during construction;
24 K. Develop strategic approach to, and perform lead role in, local community
25 involvement and public outreach activities during implementation of PROJECT through
26 completion of construction;
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AGREEMENT NO. C-7-1195
1 L. Coordinate facilities operations, maintenance plans, facility security plans, public
2 safety, and policing and emergency preparedness plans during project construction;
3 M. Prepare construction contract documents, advertise and award construction
4 contract, and conduct construction administration and construction management;
5 N. Coordinate PROJECT with transit operators and other stakeholders;
6 0. Management and/or coordination of construction interfaces with adjoining
7 properties and other concurrent construction projects affecting the PROJECT;
8 P. PROJECT closeout activities, including walk-through, punch list, as-built records,
9 final payment accounting, etc.
10 ARTICLE 4. TERMS OF AGREEMENT
11 This Agreement shall commence upon execution by both parties, and shall continue in
12 full force and effect through December 31, 2011.
13 ARTICLE S. INDEMNIFICATION
14 A. CITY shall indemnify, defend and hold harmless the AUTHORITY, it's officers,
15 directors, employees and agents from and against any and all claims (including attorney's fees
16 and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries,
17 damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by
18 CITY, its officers, directors, employees or agents in connection with or arising out of the
19 performance of this Agreement.
20 B. CITY shall maintain adequate levels of insurance, or self-insurance to assure full
21 indemnification of AUTHORITY.
22 C. AUTHORITY shall indemnify, defend and hold harmless the CITY, it's officers,
23 directors, employees and agents from and against any and all claims (including attorney's fees
24 and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries,
25 damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by
26
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AGREEMENT NO. C-7-1195
1 AUTHORITY, its officers, directors, employees or agents in connection with or arising out of
2 the performance of this Agreement.
3 D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to
4 assure full indemnification of CITY.
5 ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED:
6 All parties agree to the following mutual responsibilities regarding PROJECT:
7 A. This Agreement may only be extended upon mutual written agreement by both
8 parties.
9 B. This Agreement may be terminated by either party after giving thirty days written
10 notice.
11 C. This Agreement may be amended in writing at any time by the mutual consent of
12 both parties. No amendment shall have any force or effect unless executed in writing by both
13 parties.
14 D. The persons executing this Agreement on behalf of the parties hereto warrant
15 that they are duly authorized to execute this Agreement on behalf of said parties and that, by
16 so executing this Agreement, the parties hereto are formally bound to the provisions of this
17 Agreement.
18 E. All notices hereunder and communications regarding the interpretation of the
19 terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in
20 person or by depositing said notices in the U.S. mail, registered, or certified mail and
21 addressed as follows:
22 /
23 /
24 /
25 /
26 1
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AGREEMENT NO. C-7-1195
To CITY:
To AUTHORITY:
City of Tustin
Orange County Transportation Authority
300 Centennial Way
550 South Main Street
P.O. Box 3715
P. O. Box 14184
Tustin, CA 92780-3715
Orange, CA 92863-1584
Attention: Tim Serlet, P.E.
Attention: Susan Holt
Director of Public Works / City Engineer
Senior Contract Administrator
Contracts Administration & Materials
Management
Tele 714/ 573-3150; Fax 714/734-8991
Tele 714/560-5660; Fax 714/562-5792
email: tserlet@tustinca.org
email: sholt@octa.net
r. i he headings or an 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.
G. 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.
H. 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.
I. 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.
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AGREEMENT NO. C-7-1195
J. 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.
This Agreement shall be made effective upon execution of both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Cooperative
Agreement No. C-7-1195 to be executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION
AUTHORITY
By: By:
Jerry Amante
Mayor
ATTEST:
By:
Pamela Stoker
City Clerk
Arthur T. Leahy
Chief Executive Officer
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Development
Date:
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AGREEMENT NO. C-7-1195
1 ATTACHMENT 1
2 SCOPE OF WORK
3 The Orange County Transportation Authority (AUTHORITY), in cooperation with the
4 City of Tustin (CITY), is the lead agency for the expansion of the parking capacity by
5 constructing an 825 space parking structure at the Tustin Metrolink Station (Tustin Station),
6 located at 2975 Edinger Avenue, Tustin, California 92780. Tustin Station was constructed
7 in 2001 and opened on January 18, 2002. Tustin Station is located on a 3.7 -acre site and
8 bounded by Jamboree Road on the East, Red Hill Avenue on the West, Walnut Avenue on
9 the North, and the former Tustin Marine Corps Air Station on the South in the City of Tustin.
10 Current parking demands at Tustin Station are presently accommodated by an onsite
11 317 space surface parking lot. The proposed Tustin Station parking structure footprint will
12 utilize the maximum area possible within the parking lot perimeters. The planning, design, and
13 construction of proposed parking structure and its impacts on the Tustin Station site will also
14 be evaluated during the development phases and remedies to these impacts will constitute the
15 PROJECT.
16 The Tustin Station parking expansion plan encompasses the following:
17 1. 825 space parking structure;
18 2. Bus parking, cutouts, islands, and layover area;
19 3. Elevator structures and stairs;
20 4. Waiting area canopies and benches;
21 5. Janitorial closets and maintenance storage room;
22 6. Kiss -and -ride drop-off and plaza area;
23 7. Public restrooms;
24 8. Motorcycle and bicycle parking facilities;
25 9. Surface storm drainage;
26 10. Landscaping and irrigation systems;
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AGREEMENT NO. C-7-1195
ATTACHMENT 1
SCOPE OF WORK (CONTINUED)
11. Site hardscaping;
12. Access and circulation roadways;
13. Uninterrupted emergency power with backup batteries;
14. Electrical and communications systems, including Video Security System;
15. Wet and dry utilities;
16. Infrastructure for future parking fees collection; and
17. Design which will not preclude on/off ramps to/from southbound Jamboree road
frontage road.
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AGREEMENT NO. C-7-1195
ATTACHMENT 2
PROJECT MASTER SCHEDULE
TASK
LEAD
START
COMPLETE
Develop Cooperative Agreement
OCTA
9/1/2007
1/31/2008
Environmental Approval Phase
CITY
Completed
Apply for STIP Funds (Design Phase)
OCTA
2/1/2008
2/29/2008
Issue RFP to start Design Phase
OCTA
3/1/2008
8/30/2008
Planning and Design Phase
OCTA / CITY
9/1/2008
10/31/2009
Bid, Advertise, Award Contract Phase
OCTA
11/1/2009
2/28/2010
Apply for STIP Funds (Construction Phase)
OCTA
4/1/2010
4/30/2010
Construction Phase
OCTA / CITY
5/1/2010
7/31/2011
FUNDING SOURCE AND PHASE ALLOCATION
FUNDING SOURCE - PHASE
AMOUNT
FY AVAILABLE
STIP — Design Phase
$1,100,000
2007/2008
STIP - Construction Phase
t w
$9,500,000*
2009/2010
I . — vwtc 1 iaiMPUILduvn Improvement h'rogram.
2. Amount is a conceptual estimate.
3. Amount will be updated at the 65% design completion.
4. Includes Construction Management and Construction Support Costs.
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