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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 F 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