HomeMy WebLinkAbout09 APPV AGRMNT W/OCTA 11-18-08Agenda Item 9
_ s Reviewed:
--, ~ AGENDA REPORT City Manager
Finance Director
MEETING DATE: NOVEMBER 18, 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 AND
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-95-152
BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND
THE CITY OF TUSTIN FOR DESIGN, CONSTRUCTION AND MAINTENANCE
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 and Amendment No. 2 to Cooperative Agreement No. C-95-
152 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 of the walkway.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. C-8-1104 and
Amendment No. 2 to Cooperative Agreement No. C-95-152 with the Orange County Transportation
Authority for design, construction and maintenance of a pedestrian access walkway from Dow
Avenue to the Tustin Metrolink Station, and authorize the Mayor and City Clerk to execute the
documents 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 adjacent to 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 freight 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 and Amendment No. 2 to Cooperative Agreement
No. C-95-152 between the Orange County Transportation Authority and the City of Tustin for Design,
Construction and Maintenance of a Pedestrian Access Walkway to the Tustin Metrolink Station
November 18, 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. No construction would be
necessary on private property.
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, and the City will assume operation and
maintenance responsibilities for the walkway. The purpose of Amendment No. 2 to Cooperative
Agreement No. C-95-152 is to link maintenance of the new pedestrian access walkway to
maintenance of the existing Tustin Metrolink Station. A copy of Cooperative Agreement No. C-95-
152 is available for review in the City Clerk's office.
In order for the OCTA to begin design of the walkway, staff is recommending approval of the subject
cooperative agreement and amendment. The City Attorney has reviewed the documents and
approved them as to form.
ENVIRONMENTAL DOCUMENTATION
The project has been determined to be Categorically Exempt pursuant to the California
Environmental Quality Act, Class 1(f), Section 15301. A Notice of Exemption will be filed with the
Office of the County Recorder following City Council approval of this item.
~ ~L
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
Attachments: Location Exhibit
Cooperative Agreement No C-8-1104
Amendment No. 2 to Cooperative Agreement No. C-95-152
S:\City Council Items\2008 Council Items\Approval of Coop Agmt #C-8-1104 w OCTA and Amend. No. 2 to Agmt. # C-95-152 for Ped Access
to Tustin Metrolink Stn.docx
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COOPERATIVE AGREEMENT
No. C-8-1104
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 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.Califomia (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
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 I I NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY
4 I I as follows:
5 II 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
9 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 AUTHORTTY'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 spec~cally 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 AUTHORITY' 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 AUTHORTTYSs 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
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Page 2 of 10
AGREEMENT NO. C-8-1104
1 spec~cally 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, spec cations, and related construction
9 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;
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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 I I 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 I I G. Assign AUTHORITY'S easement rights for PROJECT area to CITY after completion
26 I I of PROJECT for maintenance purposes;
Page 3 of 10
AGREEMENT NO. C-8-1104
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2 H. Develop strategic approach to, and perform lead role in, local community
3 involvement and public outreach activities during implementation of PROJECT
4 II 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 ofcers,
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
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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 ~ 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
9 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.
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2s II /
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AGREEMENT NO. C-8-1104
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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
Arthur T. Leahy
Chief Executive Officer
ATTEST: APPROVED AS TO FORM
By: By.
Pamela Stoker Kennard R. Smart, Jr.
City Clerk General Counsel
APPRO ED AS TO FORM:
By: ~-
Do g Holland
City Attorney
Date: ~ ~l D ~
By:
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Development
Date:
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AGREEMENT NO. C-8-1104
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ATTACHMENT 1
SITE MAP
Page 8 of 10
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Construct ADA Corn liont Wafkwo
Decorative Landscaping
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/-Existing Trees to be
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RA~L.PR~$ ® CITY OF TUSTIN Tustin Station owc.
"`~``~."`~°e"'~~~9 TUSTIN STATION Wye Walkway EXHf BIT 1
www•~ FAOS.c;ow, Proposed Plan View
°"°w,E:i;'~'s; ~'°~ TUSTIN. CA.
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SCALE: 1 " a 100' SIZE: 8.S"X 11 " SHEET 1 OF 1
DESIGNED: RSW CHECKED: JMJ DATE:6/19/2aoa
AGREEMENT NO. C-8-1104
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2 ATTACHMENT 2
3 SCOPE OF WORK
4 The new pedestrian access walkway connecting Dow Avenue with existing Tustin
5 Metrolink station will encompass the following:
6 1. Landscaping and irrigation system;
7 2.ADA accessible, eight foot concrete walkway joining existing side. walk on Dow Ave
8 and existing station platform;
9 3. Lighting;
10 4. Signage;
11 5. Site grading and drainage;.
12 6.Removal of existing railroad ties, rails and if possible utilize existing ballast rock as
13 sub base for new pedestrian walkway
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AGREEMENT NO. C-8-1104
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ATTACHMENT 3
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PROJECT MASTER SCHEDULE
AMENDMENT No. 2
to
COOPERATIVE AGREEMENT
No. C-95-152
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AMENDMENT NO. 2 TO
COOPERATIVE AGREEMENT NO. C-95-152
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF TUSTIN
THIS AMENDMENT NO. 2 is effective this day of 2008,
by and between the Orange County Transportation Authority ("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, by Agreement No. C-95-152 dated November 16, 1995, as changed by
Amendment No. 1 dated April 30, 2001, AUTHORITY and CITY entered into an Agreement for the
construction and maintenance of a Commuter Rail Station located at the northwest corner of
the intersection of Jamboree Road and Edinger Avenue in the City of Tustin; and
WHEREAS, CITY agreed to maintain the commuter rail station once constructed; and
WHEREAS, "The commuter rail station" as described in said agreement shall refer to
the commuter rail passenger terminal, including non-operating property, standard platform, and
platform facilities associated therewith, but not including operating property nor the ticket
vending machines.
NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY
that Agreement No. C-95-152 is hereby amended in the following;
1. Amend 1.01 Definitions b. "Non-operating property" to insert at the end of the
definition "and pedestrian access walkway from Dow Avenue to east station platform".
Page 1 of 2
AMENDMENT NO. 2 TO
AGREEMENT NO. C-95-152
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The balance of Agreement No. C-95-152 remains unchanged.
This Amendment No. 2 shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement
No. C-95-152 to be executed on the effective date above written.
CITY OF TUSTIN
ORANGE COUNTY TRANSPORTATION
AUTHORITY
By: By:
Jerry Amante Kathleen Perez
Mayor Manager
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
oug Holland
City Antt1o/rnepy~
Date: ~~/ V• ~, ~~~~
APPROVED AS TO FORM
By:
Kennard R. Smart, Jr.
General Counsel
Page 2 of 2