HomeMy WebLinkAbout11 REVISED AGMNT W/OCTA 02-03-09_ Agenda Item 11
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~~ ~ ~ AGENDA REPORT Reviewed:
City Manager
~ '' ` Finance Director ~%i
~~ r'J;
MEETING DATE: FEBRUARY 3, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF REVISED 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
On September 2, 2008, the City Council approved Cooperative Agreement No. C-7-1195 with the
Orange County Transportation Authority (OCTA) to enable OCTA to proceed with the design and
construction of 825 space parking structure at the Tustin Station to serve the Metrolink Expansion
Program. This agreement defined each party's roles and responsibilities for the design and
construction of the parking structure. However, it was specified in the agreement that the
responsibility for Operation and Maintenance (O&M) of the completed structure would be addressed
through a separate agreement prior to starting the construction phase of the project. Subsequently,
the OCTA reconsidered this stipulation and refused to proceed with design unless the City of Tustin
agreed to accept O&M responsibility for the completed structure inclusive with this agreement.
Therefore, this revised agreement provides the OCTA with the assurance that the City of Tustin will
own, operate and maintain the finished structure at no cost to the OCTA.
RECOMMENDATION
It is recommended that the City Council approve the revised Cooperative Agreement No. C-7-1195
with the Orange County Transportation Authority for Design and Construction of 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, subject to approval as to form by the City Attorney.
FISCAL IMPACT
Design and construction of the parking structure will be administered by the OCTA, and funded with
State Transportation Improvement Program (STIP) money, including $1,100,000 for design in FY
2007/2008, and $16,500,000 for construction in FY 2011/2012. The City of Tustin is not anticipated
to incur costs for implementation of the structure. However, Measure "M" Growth Management Area
(GMA) No. 7 funding has been budgeted in the amount of $200,000, should it be necessary for City
incidental expenditures related to project oversight.
It is estimated that annual costs of O&M for the station with a parking structure could be in the range
of $300,000 to $500,000. A source of funding for future O&M has not been determined.
The OCTA will support the City's desire to explore methods such as leasing excess parking spaces
and/or charging for parking to offset the operation and maintenance of the structure. These options
will be studied in a Parking Management Plan prepared by the OCTA during preliminary design and
will serve as the basis of design document.
Approval of Revised 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 3, 2009
Page 2
BACKGROUND
On November 21, 2005, the OCTA Board of Directors authorized policies to implement Metrolink
commuter rail service expansion to achieve, 30-minute headways on the Orange County Line,
between the Fullerton Transportation Center and Laguna Niguel/Mission Viejo Stations (including the
Tustin Metrolink Station) by 2010. 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.
In 2007, the California Transportation Commission (CTC) adopted the new State Transportation
Improvement Program (STIP), which provides $17,600,000 for the design and construction of a
parking structure at the Tustin Metrolink Station. The adoption of a Negative Declaration for the
parking structure by the City Council on November 6, 2007 allowed the OCTA to access the
allocated STIP funding.
DISCUSSION
A cooperative agreement is required between the City and the OCTA to formalize the roles and
responsibilities for planning design and construction of parking capacity expansion improvements.
The principal responsibilities described in the cooperative agreement are:
• The OCTA will be the lead agency to manage and develop the project design.
• The City will have review and approval authority over the project's design.
• The City will be responsible for obtaining environmental clearance for the project, as well as
any project-related City approvals or permits.
• The City will be responsible for Operation and Maintenance when the facility is complete.
• The OCTA will support the City's desire to explore methods, such as leasing out excess
parking spaces and or charging for parking to offset the operation and maintenance costs of
the parking structure, as allowed by the guidelines of the funding source.
Upon the parties' execution of the cooperative agreement, the OCTA will initiate planning and design
of the project. Current program-level conceptual cost estimates will be confirmed during the design
phase.
The project's planned delivery schedule is as follows:
TASK LEAD COMPLETE
Environmental Approval Phase Cit Completed November 2007
Re nest for Pro osals to Start Desi n Phase OCTA Awarded Januar 2009
Plannin and Desi n Phase./Completion OCTA December 2009
The OCTA Board of Director's approved this agreement at their regular meeting of January 26,
2009. Upon approval and execution of this agreement by the City Council, the OCTA will begin the
design process.
Tim D. Serlet ou I s t k
Director of Public Works/City Engineer Ass' t t Public Works Director
Attachment: Location Exhibit
Site Map
Revised Cooperative Agreement No C-7-1195
S:\City Council Items\2009 Council ItemsWpproval of Coop Agmt for Expansion of Metrolink Station Parking (3).doc
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DRAFT ATTACHMENT B
1 COOPERATNE AGREEMENT NO. C-7-1196
2 ~ ~ BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF TUSTIN
8 FOR
7 EXPANSION OF PARKING CAPACITY AT
8 TUSTIN METROUNK STATION
9 THI8 AGREEMENT (hereinafter referred to as "AGREEMENTS is made and enfiened
10 intro this day of 2009, by and between the Orange County
11 Transportation Authority, 650 South Main Street, P.O. Box 14184, Orange, California 92883-
12 1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY")
13 and the City of Tustin, 300 Centennial Way, Tustin, California 92780-3715, a municipal
14 corpon~tion duty organized and existing under the constitution and laws of the State of
15 California (hereinafter referred to as "CITY").
18 WITNESSETH:
17 WHEREAS, AUTHORITY, the transportation agency for the County of Orange, and
18 CITY desire to eater into a Cooperative Agreemerrt to cror>stnad a new 825 space parking
19 structure to expand the parking opacity of the Tustin Metrolink Station. ('Tustin Statlon',
20 located at 2975 Edinger Avenue, Tustin, California, 92780, as defined in Attachment 1 to this
21 Agreement (hereinafter referred to as "PROJECT'; and
22 WHEREAS, AUTHORfTY's Board of Directors, on November 21, 2005, authorized
23 policies and secured State Transportation Improvements Program (ST1P) funding to implement
24 Metrolink commuter rail service expansion to achieve, by 2010, increased frequency in the
25 Orange County Line, befinreen the Fullerton Transportation Center and Laguna NiguellMissan
28 Viejo Stations; and
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AGREEMENT NO. C-7-1186
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WHEREAS, such Metrolink commuter rail service expansion will requiro expanding
parking capady at several stations, including Tustin Station; and
WHEREAS, CITY's project support and oversight costs are funded through the Growth
Management Account fund (GMA);
WHEREAS, CITY owns, operates and maintains Tustin Station; and
WHEREAS, AUTHORITY and CITY desire to herein specify their respectlve roles and
responsbilitiesfcr performance of PROJECT;
NOW THEREFORE, it is mutually understood and agreed by AUTHORRY and CITY
as follows:
ART~t~F 1 COMPLETE AGREEMENT
A• This Agreement, including all exhibits and documents incorporated herein and
made applicable by reference, constrtutie the complete and exclusive statement of the term(s)
and condition(s) of this Agreement between AUTHORITY and CITY and supersedes all prior
representatlons, understandings and communications. The invalidity in whole or part of any
term or crorxlitbn of this Agreement shall not affect the validity of other term(s) and conditioon(s)
of this Agreement. The above-refierenc;ed Reatais are true and connect 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 reaped thereto shall continue in full foroe 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
Page 2 aF 12
AGREEMENT NO. C-7-1186
1 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
2 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment
3 of CI?Y's right th such performance or to future pertomtance of such term(s) or condition(s),
4 and AUTHORfTY's obligation in respect thereto shall continue in full force and effect
5 Changes to arty portion of this Agreement shall not be binding upon CITY except when
6 specifically confirmed in writing by an authorized represenfiative of CITY by way of a written
7 amendment to this Agreement and issued in acx±ordanoa with the provisions of this Agreement.
8 ,A,gTIC_ L~2 RESPONSIBILITIES OFTHE CITY
9 CITY shall serve as a project partner for PROJECT, and shall perform the following
10 essential support activities:
11 A. Lead the environmental review and seaire the required environmental
12 clearances.
13 B. Identify approvals and permits required by CITY, third party pubNc agencies or
14 private sector entities, inducting utilities; and assist in securing such ~provals and issue
15 pemtita for work done within CITY jurisdiction at no cost for construction of PROJECT.
18 C. Perform technical reviews in a limey manor, inducting required CITY
17 departmental reviews and commentary, during project development and construction, of
18 studies, reports, design criteria and basis-of-design documents, Plans, specifications, and
19 related construction documents.
20 D. Participate in the review and commenthry of design documenrts for conformance
21 to current applicable planning codes and ordinances, building design codes and standards,
22 health and safety codes and ordinances, public safety and facility security requirements, and
23 transit industry best practices.
24 E. Participate in the oversight of the developmenrt of a Parking Management Plan
25 for Tustin Station, m coordinate various stakeholders' interests and input, including CITY's
26 departmental input. The Parking Management Plan will serve as abasis-of-design documerrt
Page 3 of 12
AGREEMENT NO. C 7-118a
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for the PROJECT upon approval by CITY.
F. Participate in the devek~pmerrt of a stn~tegic approach to kx;al community
involvement and public outreach activities during implementation of PROJECT, untll
completion of construction.
G. Provide AUTHORITY opportunities to review and comment on studies, reports,
plans, specifications, thins party agreements, and other documents related to PROJECT
development, which are in CITYS possession and/or which have been provided to CITY for
review. To the extent that such documents or third party agr~eemerrts may obligate
AUTHORITY, AUTHORITY shall have the opportunity to review and approve prior to
document acceptance by CITY.
H. Agree to maintain and operate the PROJECT at no cost to the AUTHORITY, in
good conditbn and order, and free of refuse, for the benefit of the public and persons using the
Metrolink statbn inducting security, public safety/polidng upon CITY'S final inspection and
AUTHORITY'S contractor obtaining a Certificate of Occupancy.
ARTIC 3. RESPONSIBIL111E3 OF AUTHORITY
AUTHORITY shall be the lead agency for PROJECT implementation, AUTHORITY
shah perform the folkywing essential activities:
A. Complete PROJECT per Project Description, as outlined in Attachment 1 to this
Agrr~eement, and in accordance with PROJECT schedule as outlined in Attachment 2.
B. Identify and secure funding sources, and administer funding during aH design
and construction phases of PROJECT.
C. Provide funding for Design Phase of Project up to a maximum cumulative
payment obligation amount of One Million One Hundred Thousand Dollars ($1,100,000.00).
Provide funding for the Construction phase of PROJECT up to a maximum cumulative
payment obligation amount of Sbcbeen Million Five Hundred Thousand Dollars
(16,500,000.00) ,This amount is a conceptual estimate and shall be updated at 6596 design
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A~3REEMEIVT NO. C•7.1186
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completion.
D. Lead the Procurement for design consultant servics~s for PROJECT, allowing for
CITY support and input in the evaluation and selection of the design consultant beam.
E. Comply with all federal and state thiro Party contracting laws and regulations.
F. Project management and project administration.
G. Project design planning and site masher planning.
H. Site and facilities design.
I. Secure approvals and permits required by CITY, third party public agencies or
private sector entitles, including utilities. Coordinate activities related to securing, and secure,
such aPP~is and permits for construction of PROJECT.
. J. Develop strategic approacfi to, and perform lead rob in, local community
involvement and public outreach activities during implementation of PROJECT through
completion of constructbn. .
K. Coordinate facilities operations, maintenance plans, public safety, during project
COr1strUCtiOn.
L. Prepare construction contract documents, advertise and award construction
contract, and conduct construction administration and construction managemenrt.
M. Coordinate PROJECT with transit operators and other stakeholders.
N. Perform management and/or coordinatlon of oonatruction intier{aoes with
adjoining Properties and other corxurrerrt ~~~~ proj~ affecting the PROJECT.
O. Perform PROJECT closeout activities, including walk through, punch list, as-built
recorrds, final payment accounting, etc.
P. Support the CITY'S efforts to mitigate the cost of operation and maintenance of
the PROJECT thru the devek~rnent of a parlclr~ mm~t plit`,~onsistent with guidelines
of the funding sources. Any such plan must first accommodate transit parking demand as
mutually determined by AUTHORITY and CITY based on ridership and parking usage.
Page5d12
AGREEMENT NO. C-7-1196
1 ggnc_ T~ IR~g OF AGREEMENT
2 This Agreement shall commence upon execution by both panes, and shah oorsinue in
3 full force and effect through June 30, 2012.
4ARTI_CLE_s_. INDEMNIFICATION
5 A. CITY shall indemnify, defend and hold harmless the AUTHORITY, it's officers,
e directors, employees and agents from and against any and all claims (including attorney's fees
7 and reasonable expenses for litigation and settlement) for any bss or damages, bodily injuries,
e damage to, or bss of property caused by the negligent acts, omissions or willful misconduct by
9 CITY, ,its oifioera, direc~rs, employees or agents in connection with or arising out of the
10 performance of this Agreement.
11 B:- CITY shall maintain adequate levels of insurance, or self-insurance to assure fWl
12 indemnification of AUTHORITY.
13 C. AUTHORITY shall indemnify, defend and hold harmless the CITY, it's officers,
14 directors, empbyees and agents from and against any and all daims (inducting attorney's fees
15 and reasonable expenses for litigatbn and settlement) for any loss or damages, bodily injuries,
18 damage to, or bss of property caused by the negligent acts, omissions or willful misconduct by
17 AUTHORITY, its officers, directors, employees or agents in connection with or arising out of
1 S the performance of this Agreement,
18 D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to
20 assure full indemnification of CITY.
21 AR_ 8. IT IS MUTUALLY UNDERSTOOD AND AGREED
22 All parties agree to the following mutual responsibilities regarding PROJECT:
23 A. This Agreement may only be extended upon mutual written agreement by both
24 parties.
25 B. This Agreement may be terminated by either Party after giving thirty days written
26 notice.
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AGREEMENT NO. C 7-119a
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C. This Agreement may be amended in writing at anytime by the mutual consent of
both pasties. No amendment shall have any force or effect unless executed in writing by both
parties.
D. The persons executing this Agreement on behalf of the parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said parties and that, by
so execxJting this Agreement, the parties hereto are formally bound to the provisions of this
Agreement
E. All noticres 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 mall and
addressed as follows: -
To CITY: To AUTHORITY:
Cily 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
Atbention:.Tim Serlet, P.E. Attention: John Mathis
Director of Public Works /City Engineer Senior Contract Adminisbator
Contracts Administration 8 Materials
Management
Tele 71M 573-3150; Fax 714/734-8991 Tele 714/560-5478; Fax 714/562-5792
email: tseriet(~tustinca.org email: jmathis(~octa.net
F. The headings of all sections of this Agreement are inserted solely for the
convenience of reference and are not part of and not intended to govern, I'irriit or aid in the
construction or interpretation of any terms or provision thereof.
Page 7 of 12
AGREEMENT NO. C-7-1186
1 G. The provision of thin Agreement shall bind and inure to the benefit of each of the
2 parties hereto and all successors or assigns of the parties hereto.
3 H. ff arty term, provision, covenant or condition of this Agreement is held to be
4 invalid, void or otherwise ur~enforoeable, to any extent, by any court of competent jurisdiction,
5 the remainder to this Agreement shall not be affected thereby, and each term, provision,
e covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
7 permitted by law.
e I. This Agreement may be executed and delivered in any number of counterparts,
9 each of which, when executed and delivered shall be deemed an original and aQ of which
10 together shall constitute the same agreemerrt. Facsimile signatures will be permitted.
11 J. .Either party shall be excused from performing its obligations under this
12 Agreement during the time and to the extent that it is prevented from performing by an
13 unforeseeable cause beyond its control, inGuding but not limited to: any incidence of fire,
14 flood; acts of God; commandeering of material, products, plants or facilities by the federal,
15 state or local government; natjonal fuel shortage; or a material act or omission by the other
18 party; when satisfactory evidence of such cause is presented to the other party, and
17 provided further that such nonperformance is unforeseeable, beyond the control and is not
18 due to the fault or negligence of the party not performing.
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AGREEMENT NO. C 7-1186
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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 Doug Davert
Mayor
Arthur T. Leahy
Chief Exeautive Officer
ATTEST: APPROVED AS TO FORM
sy: By.
Pamela Stoker Kennard R. Smart, Jr.
City Cork General Counsel
APPROVED A8 TO FORM:
BY
Doug Holland
City Atbomey
Dabs:
APPROVAL [RECOMMENDED:
Kia Mortazavi
Executive Director, Development
Date:
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AGREEMENT NQ C-7-1186
1 ATTACHMENT 1
2 SCOPE OF WORK
3 The Orange County Transportation Authority (AUTHORITI~, in cooperation with the
4 City of Tustin (CITI~, 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),
8 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 struchue and its impede on the Tustin Station sibs will also
14 be evaluatiad during the development phases and remedies to these impede will constitute the
15 PROJECT.
18 The Tustin Station parking expansion plan encompasses the following:
17 1. 825 space parking strudure;
18 2. Bus parking, cutouts, islands, and layover area;
19 3. Elevator structures and stairs;
20 4. Waitlng arm canopies and bendier;
21 5. Janitorial ck~seta and maintenance storage room;
22 8. Kiss-and-ride drop-aff and plaza area;
23 7. Public restrooms;
24 8. Motorcycle and bicycle parking facilities;
25 9. Surface storm drainage;
28 10. Landscaping and irrigation systems;
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AGREEMENT NO. C-7-1196
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ATTACHMENT 1
SCOPE OF 1i11'OiRK (CONTINUED)
11. Site hardscaping;
12. Access and circulatbn roadways;
13. Uninterrupted emergency power with backup batteries;
14. Electrical and communications systems, including V'~deo Security System;
15. Wet and dry utilities;
18. Infrastructure for future parking fees collection; and
17. Design which will not prelude oNoff ramps toJfrom southbound Jamboree road
frontage road.
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AQREEAIENT NO. C 7.119a
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ATTACHMENT 2
PROJECT MASTER SCHEDULE
TASK LEAD START COMPLETE
Develop Cooperative Agreement OCTA 9/1/2007 1/31/2008
Environmental Appn~val Phase CITY 9/1/2007 12/312007
Apply for STIP Funda (Design Phase) OCTA 2/12008 3/318008
Issue RFP/Design Phase $ NTP OCTA 7282008 5/31/09
Planning and Design Phase OCTA /CITY 6/12009 5/30/2010
Bid, Advertise, Awani Contract Phase OCTA 6/1/2010 91312010
Construdbn Phase (including dose out) OCTA 10/12010 6/302012
Page 12 of 12