HomeMy WebLinkAbout12 APPV AGREEMENT C-8-1104 W/OCTA 10-07-08AGENDA REPORT
MEETING DATE: OCTOBER 7, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. C-8-1104 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR DESIGN AND CONSTRUCTION OF A PEDESTRIAN ACCESS
WALKWAY TO THE TUSTIN METROLINK STATION
SUMMARY
The Orange County Transportation Authority (OCTA) is requesting that the City of Tustin enter into
Cooperative Agreement No. C-8-1104 that would allow the OCTA to proceed with the design and
construction of a pedestrian access walkway from Dow Avenue to the Tustin Metrolink Station.
Following construction, OCTA's easement rights over the facility will be assigned to the City, along
with responsibility for the operation and maintenance.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. C-8-1104 with the
Orange County Transportation Authority for design and construction of a pedestrian access walkway
from Dow Avenue to 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 pedestrian access walkway will be funded and administered by the
OCTA. The City of Tustin will assume operation and maintenance responsibility after construction is
complete. Future annual operation and maintenance costs are estimated to be $6,500 per year and
will be funded out of the Public Works Maintenance Account 01-403.
BACKGROUND
Although the City of Tustin owns the Metrolink Station, existing vehicular and pedestrian access to
the station from Edinger Avenue is provided across an easement over a portion of Jamboree Plaza,
the commercial center that surrounds the station. Access to the business park north of the station
was considered during the station design. However, access rights across private properties could
not be negotiated and no access facilities were constructed. As usage of the station has grown, so
has demand for pedestrian access to the north.
OCTA has proposed to design and construct a pedestrian access along the abandoned Burlington
Northern Santa Fe (BNSF) Railroad spur that used to provide rail service to the business park. The
OCTA has acquired an easement over the BNSF railroad spur which will allow the OCTA to
construct a walkway along the spur between the train station and Dow Avenue.
Approval of Cooperative Agreement No. C-8-1104 between the Orange County Transportation
Authority and the City of Tustin for Design and Construction of a Pedestrian Access Walkway to the
Tustin Metrolink Station
October 7, 2008
Page 2
DISCUSSION
The proposed pedestrian walkway would be constructed within the abandoned railroad right-of-way
and would meet all requirements of the Americans with Disabilities Act (ADA). The facility would
consist of a concrete walkway with fencing, lighting and landscaping.
Before proceeding with the design of the walkway, the OCTA and City must enter into a Cooperative
Agreement which defines the duties and responsibilities of each party. Under Cooperative
Agreement No. C-8-1104, the OCTA will manage the design and construction of the pedestrian
access walkway, with significant input and oversight from the City. Ultimately, the OCTA's easement
rights over the facility will be assigned to the City. As a result, the City will assume operation and
maintenance responsibilities for the walkway.
In order to begin design of the walkway, staff is recommending approval of the agreement. The City
Attorney has reviewed the document and approved it as to form.
ENVIRONMENTAL
The project has been determined to be Categorically Exempt pursuant to the California
Environmental Quality Act, Class 1(f), Section 15301. The attached Notice of Exemption will be filed
with the Office of the County Recorder.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
Attachment: Location Exhibit
Cooperative Agreement No C-8-1104
Notice of Exemption
Approval of Coop Agmt #C-8-1104 w/OCTA for Ped Access to Tustin Metrolink Stn.docx
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1
1
J
COOPERATIVE AGREEMENT NO. C-8-1104
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
CONSTRUCTION OF PEDESTRIAN ACCESS TO
TUSTIN METROLINK STATION
THIS 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 Califomia (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 pedestrian access
walkway from Dow Avenue to the Commuter Rail Station ("Tustin Metrolink 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 will serve as the lead agency for the design and construction
of PROJECT; and
WHEREAS,AUTHORITY will fund the design and construction phases of PROJECT
with Commuter Urban Rail Endowment Funds; and
WHEREAS, CITY owns, operates and maintains The Tustin Metrolink Station; and
Page 1 of 10
AGREEMENT NO. C-8-1104
1 WHEREAS, AUTHORITY and CITY desire to herein specify their respective roles and
2 responsibilities for performance of PROJECT;
3 NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY
4 as follows:
5 ARTICLE 1. COMPLETE AGREEMENT
6 A. This Agreement, including all exhibits and documents incorporated herein and made
7 applicable by reference, constitute the complete and exclusive statement of the term(s) and
8 condition(s) of this Agreement between AUTHORITY and CITY and supersedes all prior
g representations, understandings and communications. The invalidity in whole or part of any
10 term or condition of this Agreement shall not affect the validity of other term(s) and condition(s)
11 of this Agreement. The above-referenced Recitals are true and correct and are incorporated
12 by reference herein.
13 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
14 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment
15 of AUTHORITY's right to such performance or to future performance of such term(s) or
16 condition(s), and CITY's obligation in respect thereto shall continue in full force and effect.
17 Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when
18 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a
19 written amendment to this Agreement and issued in accordance with the provisions of this
20 Agreement.
21 C. CITY's failure to insist on any instance(s) of AUTHORTTY's performance of any
22 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment
23 of CITY's right to such performance or to future performance of such term(s) or condition(s),
24 and AUTHORTTY's obligation in respect thereto shall continue in full force and effect.
25 Changes to any portion of this Agreement shall not be binding upon CITY except when
26
Page 2 of 10
AGREEMENT NO. C-8-1104
1 specifically confirmed in writing by an authorized representative of CITY by way of a written
2 amendment to this Agreement and issued in accordance with the provisions of this Agreement.
3 ARTICLE 2. RESPONSIBILITIES OF THE CITY
4 A. Identify approvals and permits required by CITY, third party public agencies or
5 private sector entities, including utilities; and secure such approvals and permits for
6 construction of PROJECT at no cost to the AUTHORITY;
7 B. Perform technical reviews, including required CITY departmental reviews and
8 commentary, during project development of plans, specifications, and related construction
g documents;
10 C. Participate in the development of a strategic approach to local community
11 involvement and public outreach activities during implementation of PROJECT, until
12 completion of construction;
13 D. CITY agrees to maintain the project upon completion and acceptance by the city;
14
15 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
16 A. Identify and secure funding sources, and administer funding during all phases of
17 PROJECT;
18 B. Lead the procurement for design consultant services for PROJECT;
19 C. Complete PROJECT per Scope of Work, as outlined in Attachment 2 to this
20 Agreement, and in accordance with PROJECT schedule as outlined in Attachment 3
21 to this Agreement.
22 D. Comply with all federal and state third party contracting laws and regulations;
23 E. Project management and project administration;
24 F. Site and facilities design;
25 G. Assign AUTHORITY'S easement rights for PROJECT area to CITY after completion
26 of PROJECT for maintenance purposes;
Page 3 of 10
AGREEMENT NO. C-8-1104
1
2 H. Develop strategic approach to, and perform lead role in, local community
3 involvement and public outreach activities during implementation of PROJECT
4 through completion of construction;
5 I. Prepare construction contract documents, award construction contract, and conduct
6 construction administration and construction management;
7 J. Management and/or coordination of construction interfaces with adjoining properties
8 and other concurrent construction projects affecting the PROJECT;
9 K. PROJECT closeout activities, including walk-through, punch list, as-built records,
10 final payment accounting, etc.
11 ARTICLE 4. TERM OF AGREEMENT
12 This Agreement shall commence upon execution by both parties, and shall continue in
13 full force and effect through December 31, 2010.
14 ARTICLE 5. INDEMNIFICATION
15 A. CITY shall indemnify, defend and hold harmless the AUTHORITY, it's officers,
16 directors, employees and agents from and against any and all claims (including attorney's fees
17 and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries,
18 damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by
19 CITY, its officers, directors, employees or agents in connection with or arising out of the
20 performance of this Agreement.
21 B. CITY shall maintain adequate levels of insurance, or self-insurance to assure full
22 indemnification of AUTHORITY.
23 C. AUTHORITY shall indemnify, defend and hold harmless the CITY, it's officers,
24 directors, employees and agents from and against any and all claims (including attorney's fees
25 and reasonable expenses for litigation and settlement) for any loss or damages, bodily injuries,
26 damage to, or loss of property caused by the negligent acts, omissions or willful misconduct by
Page 4 of 10
AGREEMENT NO. C-8-1104
AUTHORITY, its officers, directors, employees or agents in connection with or arising out of
the performance of this Agreement.
D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to
assure full indemnification of CITY.
ARTICLE 6. Notices:
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in person or
by depositing said notices in the U.S. mail, registered, or certified mail and addressed as
follows:
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: John Mathis
Director of Public Works /City Engineer Senior Contract Administrator
Contracts Administration 8~ Materials
Management
Tele 714/ 573-3150; Fax 714/734-8991 Tele 714/560-5478; Fax 714/562-5792
email: tserlet@tustinca.org email: jmathis@octa.net
ARTICLE 7. MUTUAL AGREEMENTS OF ALL PARTIES
All parties agree to the following mutual responsibilities regarding PROJECT:
A. This Agreement may only be extended upon mutual written agreement by both
parties.
Page 5 of 10
AGREEMENT NO. C-8-1104
1 B. This Agreement may be terminated by either party after giving thirty days written
2 notice.
3 A. This Agreement may be amended in writing at any time by the mutual consent of
4 both parties. No amendment shall have any force or effect unless executed in writing by both
5 parties.
6 D. The persons executing this Agreement on behalf of the parties hereto warrant
7 that they are duly authorized to execute this Agreement on behalf of said parties and that, by
8 so executing this Agreement, the parties hereto are formally bound to the provisions of this
g Agreement.
10 E. The PROJECT will become part of the non-operational property of the Tustin
11 Metrolink station.
12 G. The headings of all sections of this Agreement are inserted solely for the
13 convenience of reference and are not part of and not intended to govern, limit or aid in the
14 construction or interpretation of any terms or provision thereof.
15 H. The provision of this Agreement shall bind and inure to the benefit of each of the
16 parties hereto and all successors or assigns of the parties hereto.
17 I. If any term, provision, covenant or condition of this Agreement is held to be
18 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction,
19 the remainder to this Agreement shall not be affected thereby, and each term, provision,
20 covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
21 permitted by law.
22 /
23 /
24 /
25 /
26 /
Page 6 of 10
AGREEMENT NO. C-8-1104
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-8-1104 to be executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION
AUTHORITY
By:
Jerry Amante
Mayor
ATTEST:
By:
Pamela Stoker
City Clerk
By:
Arthur T. Leahy
Chief Executive Officer
APPROVED AS TO FORM
By:
Kennard R. Smart, Jr.
General Counsel
APPROVED AS TO FORM: APPROVAL RECOMMENDED:
By: By:
Doug Holland Kia Mortazavi
City Attorney Executive Director, Development
Date: Date:
Page 7 of 10
AGREEMENT NO. C-8-1104
ATTACHMENT 1
SITE MAP
Page 8 of 10
~~.
.:.-
Join Existing Walkway ; ~°w ~~ ` ?'-
~~" q~Pn4e -..
,.~
~~.
:~.... ~~
~~- ....
_.
Remove ,e~'~ ,,,,j .~:-_._._.
Existin Track ~`"' '`
g , ,; Pathway Lighting
,'~~ ' • ossumed every 150' on
Retain Existing Track k :' ~` ~ Alternating Sides
beyond this point ,~ {to be confirmed with
-~- ,f/ Final Plans)
~: ~ r
~,
~~~ __ '~ '` ~ „` Decorative Londscaping
-~~- -~~~ `J and Native Plants
+'"
,:
Track Easement Lines ,-~~ • Track Centerline
::.,..
` ~ Property Line ,..
_..
-.
_ _ ,.
,_
.~.:.;:
,:, ~ o Existing Trees to be
Construct ADA Corrapliont Walkwoy ° retoined where possible
L = 640' '+ o _._
,_ •_ _ .
,I o Fencing on both sides
of the walkway
> ~ F ,D
~t">; '~ Remove Existing 7rock `' o
~~.' ~.:.
Existing Tracks in current use ,\.,~'~
•, ::
. ..
\: Existing Metrolink
~~', Platforms ..
- , ~'~~~ - ~ - ~ ~ Retain Existing Trock
~ ~ ~, South of this point
Allow 10' of Access in ~' ~ Y '~''~ ~ Easement Line at ;
~' ti~ , `~ `.'~,, ~. `~ v. 15' offset of
Existing Woll for Wolkwoy ; ,~ - ~~ ~ '~. Property Line
`~~~ ~\
r ~- . .°`Metrolink ,, `~ ~ ~ ~ ,1 ``
t Station Parking ~' \'' `~ i`"~ ~ ,~ . • ~, ,
D ~~~ , o~ ~--,.,.. \~'`~~; .. '~'' ~ ~,,; . \\ e~~\~~ a ~ raft
SCALE 1 " _ ~ ~ ~ ; , .n _ .~ ,~
10o Not for Construction
RAILPROS ~' CITY OF TUSTIN Tustin Station owG.
25 MAUCMLY DRIVE, surrE 328 Wye Walkway EXHIBIT 1
. IRVINE, cA aze,e TUSTIN STATION Proposed Plan View
WWVV.RAtI PROS.COM TUSTIN, CA.
PHONE: (714) 734 - 8765
Fes: (71a) 734 - 8'55 SCALE: 1 " = 100' SIZE: 8.5"x 11 " SHEET i OF ,
DESIGNED: RSW CHECKED: JMJ GATE: 6/, 9/2008
AGREEMENT NO. C-8-1104
ATTACHMENT 2
SCOPE OF WORK
The new pedestrian access walkway connecting Dow Avenue with existing Tustin
Metrolink station will encompass the following:
1. Landscaping and irrigation system;
2.ADA accessible, eight foot concrete walkway joining existing side. walk on Dow Ave
and existing station platform;
3. Lighting;
4. Signage;
5. Site grading and drainage;
6.Removal of existing railroad ties, rails and if possible utilize existing ballast rock as
sub base for new pedestrian walkway
Page 9 of 10
AGREEMENT NO. C-8-1104
ATTACHMENT 3
PROJECT MASTER SCHEDULE
TASK LEAD START COMPLETE
Develop Cooperative Agreement OCTA 7/1/08 9/8/08
Issue CTO to start Design Phase OCTA 8/15/08 8/15/08
Planning and Design Phase OCTA /CITY 8/15/08 12/15/08
Plan approval/ permitting process CITY 12/15/08 1/15/09
IFB/ Public bid/ Contractor Selection OCTA 1/15/09 5/15/09
Construction Phase OCTA 5/15/09 10/15/09
Page 10 of 10
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
NOTICE O F EXEMPTION ®Fee Exempt per Govt. Code Section 6103
Project Title: Pedestrian Access to Tustin Metrolink Station
Project Location: Dow Avenue to Commuter Rail Station (Tustin Metrolink Station) located at 2975 Edinger
Avenue, Tustin, California
Project Location -County: Orange County
Project Description: A pedestrian access walkway connecting Dow Avenue with the existing Tustin Metrolink
Station. The project includes a concrete walkway, landscaping, irrigation, lighting,
signage, and the removal of existing railroad ties and rails.
Name of Public Agency Approving Project: City of Tustin
Name and address of Person or Agency Carrying Out Project: City of Tustin
Exempt Status: (Check One)
^ Ministerial (Sec. 21080(b)(1); 15268)
^ Declared Emergency (Sec. 21080(b)(3); 15269(a))
^ Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
® Categorical Exemption (State Class and Section No
^ Statutory Exemptions (State Code No.)
Class 4, Section 15304; Minor Alterations to Land
Reason why project is exempt: The project consists of minor pedestrian walkway improvements to serve the
existing Tustin Metrolink Station. The project is located in a developed, urban area and will not have a
significant impact on sensitive environmental resources, historic resources, or scenic highways. The project is
within existing railroad right-of--way. The~roiect would not contribute to a cumulative effect.
Lead Agency Contact Person Eric Loke
Telephone (714) 573-3175
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? ^ Yes ^ No
Date
Elizabeth A. Binsack
Community Development Director