HomeMy WebLinkAbout05 COOP AGREEMENT W/OCTA, VIDEO 10-20-09Agenda Item
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MEETING DATE: OCTOBER 20, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF A COOPERATIVE AGREEMENT BETWEEN THE ORANGE
COUNTY TRANSPORTATION AUTHORITY AND THE CITY FOR
IMPLEMENTATION OF A VIDEO SURVEILLANCE SYSTEM AT THE TUSTIN
METROLINK STATION
SUMMARY
The Orange County Transportation Authority (OCTA) is requesting that the City enter into a
cooperative agreement that would allow the OCTA to proceed with the design and installation of a
video surveillance system (VSS) at the Tustin Metrolink Station. Installation of the system is to occur
in conjunction with the construction of a parking structure, currently in the design stage. Following
installation, the City will own the system and be responsible for its operation and maintenance
(O&M).
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. C-9-0590 with the
Orange County Transportation Authority for implementation of a video surveillance system at the
Tustin Metrolink Station, and authorize the Mayor and City Clerk to execute the document on behalf
of the City.
FISCAL IMPACT
There is no fiscal impact to the City associated with the design and construction of the VSS. Staff
estimates that the annual cost for the operation and maintenance (O&M) of the system will be in the
range of $10,000 to $15,000 beginning in Fiscal Year 2011-2012.
BACKGROUND
On March 10, 2009, the City Council approved Cooperative Agreement No. C-7-1195 between the
OCTA and the City providing for the expansion of parking capacity at the Tustin Metrolink Station.
Pursuant to this agreement, the OCTA is responsible for the design and construction of the
necessary improvements and the City will assume responsibility for all O&M costs associated with
the facility when it is completed. It is estimated that the annual City O&M costs for the station with a
parking structure will be in the range of $300,000 to $500,000 and methods of generating revenue to
help offset these costs are being studied in a Parking Management Plan, being prepared by the
OCTA as part of their current obligations.
DISCUSSION
Installation of a video surveillance system will be completed in conjunction with the construction of
the parking structure which is currently in the design phase. In coordination with the City's Project
Development Team (PDT), closed circuit television cameras will be installed throughout the station
area to provide video coverage of surface parking areas; parking structure; train platforms;
pedestrian undercrossing tunnel way; and the Tustin Wye pedestrian pathway to Dow Avenue,
currently under development. The recorded video will be used for police response and post-incident
investigative purposes.
Approval of a Cooperative Agreement between the Orange County Transportation Authority and the
City for Implementation of Video Surveillance System at the Tustin Metrolink Station
October 20, 2009
Page 2
A cooperative agreement is required between the City and the OCTA to formalize the roles and
responsibilities for implementation of the VSS. The principal responsibilities described in the
cooperative agreement are:
• The OCTA will identify and secure funding, and administer funding during all phases of the
project.
• The OCTA will be the lead agency for implementation and procurement of design and
construction services.
• The City will review and approve the project's design.
• The OCTA will perform project management and project administration.
• The City will be responsible for issuing any necessary permits for the implementation of the
project.
• The City will assume responsibility of the system for ownership, operation and maintenance
upon completion of the project.
The City Attorney has reviewed the document and approved it as to form. The OCTA Board of
Directors approved this agreement at their regular meeting of September 28, 2009. In accordance
with the OCTA's standard procedure, the Chief Executive Officer of the OCTA will sign the
agreement after the City Council has approved it and the Mayor has signed it. Upon approval and
execution of this agreement by the City Council and the OCTA Board of Directors, the OCTA will
begin the design process.
Ala S. Stack
g irector of Public Works/City Engineer
Attachments: Cooperative Agreement No. C-9-0590
c~~
Dana R. Kasdan
Engineering Services Manager
S:\City Council Items\2009 Council Items\Approval of Coop Agmt. No C-9-0590 for Metrolink Station VSS Implementation.docx
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COOPERATIVE AGREEMENT NO. C-9-0590
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
IMPLEMENTATION OF VIDEO SURVEILLANCE SYSTEM
AT TUSTIN METROLINK STATION
THIS AGREEMENT (hereinafter referred to as "AGREEMENT'), is effective this day of
2009, by and between the Orange County Transportation Authority a public corporation
of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Tustin, 300
Centennial Way, Tustin, CA 92780, a municipal corporation duly organized and existing under the
constitution and laws of the State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to install a
Video Surveillance System (VSS) at the Tustin Metrolink Station at 2975 Edinger Avenue in Tustin,
California, (hereinafter referred to as "PROJECT'); and
WHEREAS, On September 13, 2007 AUTHORITY'S Board of Directors (BOARD) approved the
use of Federal Transportation Administration (FTA) Grant Program 5309 to fund 80% of the Metrolink
Video Surveillance System Deployment Program with a 20% match from the AUTHORITY'S Commuter
Urban Rail Endowment (CURE); and
WHEREAS, based on the budget established by the Board-approved "Metrolink Video
Surveillance System Deployment Program", the Tustin Metrolink Station's VSS project budget is Seven
Hundred Fifty Thousand Dollars ($750,000.00), for, design, equipment and installation. Such funding
consists of Six Hundred Thousand Dollars ($600,000.00), of FTA Grant Program 5309 funds and One
Hundred, Fifty Thousand Dollars ($150,000.00) CURE funds; and
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COOPERATIVE AGREEMENT NO. C-9-0590
1 WHEREAS, Closed Circuit Television (CCTV) cameras will be installed throughout the Tustin
2 Metrolink Station and pedestrian walkway adjacent to the station ("Tustin Wye"), and conduit and
3 cabling from the cameras will be routed to the designated equipment room in the Tustin Metrolink
4 Station parking structure, to be constructed by others concurrent with installation of the VSS; and
5 WHEREAS, after installation is completed, inspected, and accepted by AUTHORITY and CITY,
6 the VSS will be turned over to CITY for operation and maintenance; and
7 WHEREAS, AUTHORITY will serve as the lead agency for the design and construction phase of
8 the PROJECT; and CITY will serve as the support agency; and
9 WHEREAS, this Cooperative Agreement (hereinafter referred to as "AGREEMENT" defines the
10 specific terms, conditions, funding, and roles and responsibilities between the AUTHORITY and CITY
11 only as they relate to the PROJECT; and
12 WHEREAS, the AUTHORITY's Board of Directors approved this Agreement on
13 NOW THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
14 ARTICLE 1. COMPLETE AGREEMENT
15 A. This Agreement, including all exhibits and documents incorporated herein and made
16 applicable by reference, constitute the complete and exclusive statement of the term(s) and condition(s)
17 of this Agreement between AUTHORITY and CITY and supersedes all prior representations,
18 understandings, and communications. The invalidity in whole or part of any term or condition of this
19 Agreement shall not affect the validity of other term(s) and condition(s) of this
20 Agreement. The above-referenced Recitals are true and correct and are incorporated by reference
21 herein.
22 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any term(s)
23 and condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
24 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and
25 CITY'S obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
26 Agreement shall not be binding upon AUTHORITY, except when spec~cally confirmed in writing by an
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COOPERATIVE AGREEMENT NO. C-9-0590
1 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued
2 in accordance with the provisions of this Agreement.
3 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s)
4 or condition(s) of this Agreement shall not be construed as a waiver of relinquishment of CITY's right to
5 such performance or to future performance of such term(s) or condition(s), and AUTHORITY's
6 obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
7 Agreement shall not be binding upon CITY except when specifically confirmed in writing by an
8 authorized representative of CITY by way of a written amendment to this Agreement and issued in
9 accordance with the provisions of this Agreement.
10 ARTICLE 2. RESPONSIBILITIES OF THE CITY
11 CITY agrees to the following additional responsibilities for PROJECT:
12 A. Identify approvals and permits required by CITY, third party public agencies or
13 private sector entities, including utilities; and assist in securing such approvals and permits for
14 construction of PROJECT;
15 B. Issue necessary permits for the implementation of PROJECT at no charge to
16 AUTHORITY'S contractor;
17 C. Perform technical reviews, including required CITY and Police Department reviews and
18 commentary, design criteria and basis-of-design documents, plans, specifications, and related
19 construction documents in a timely manner of not more then four weeks for each submittal;
20 D. Provide AUTHORITY opportunities to review, comment on, and/or approve studies,
21 reports, plans, specifications, third party agreements, and other documents related to PROJECT
22 developments, which are in CITY's possession and/or which have been provided to CITY for review, to
23 the extent that such documents or third party agreements may obligate AUTHORITY, prior to document
24 acceptance by CITY;
25 E. Any betterment or enhancements outside of the scope of work, if agreed to by both CITY
26 and AUTHORITY, will be paid 100% by CITY;
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COOPERATIVE AGREEMENT NO. C-9-0590
1 F. Coordinate with AUTHORITY during the procurement for design/build consultant
2 services for PROJECT, allowing for CITY support and input in the evaluation and selection of the
3 design/build contract;
4 G. Upon completion of installation, inspection, and acceptance by CITY and AUTHORITY,
5 assume responsibility of the VSS for ownership, operation and maintenance.
6 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
7 AUTHORITY shall be the lead agency for PROJECT implementation, and shall perform the
8 following essential activities:
9 A. Lead the implementation and procurement for design and construction services for
10 PROJECT.
11 B. Complete PROJECT per scope of work summarized in Exhibit 1 and in accordance with
12 PROJECT schedule and allocated funding, as outlined in Exhibits 2 and 3 to this Agreement.
13 C. Identify and secure funding, and administer funding during all phases of PROJECT up to
14 a maximum cumulative payment obligation amount of Seven Hundred Fifty Thousand Dollars
15 ($750,000.00).
16 D. Comply with all federal and state third party contracting laws and regulations;
17 E. Coordinate and assist with activities related to securing approval and permits required by
18 CITY, third party public agencies or private sector entities, including utilities for the construction of
19 PROJECT.
20 F. Provide guidance and oversight of the M1 and federal funds in compliance with Measure
21 M eligibility and Federal Transit Administration (FTA) funding requirements.
22 G. Perform project management and project administration.
23 H. Perform PROJECT closeout activities, including walk-through, punch list, as-built
24 records, final payment accounting, etc.
25 /
26 /
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COOPERATIVE AGREEMENT NO. C-9-0590
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ARTICLE 4. IT IS MUTUALLY UNDERSTOOD AND AGREED
All parties agree to the following mutual responsibilities:
A. This Agreement shall continue in full force and effect through March 31, 2011.
B. This Agreement may be amended in writing at any time by the mutual consent of both
parties. No amendment shall have any force or effect unless executed in writing by both parties.
C. AUTHORITY and CITY will jointly participate in progress, coordination and additional
team meetings as needed to implement the PROJECT.
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 executing this
Agreement, the parties hereto are formally bound to the provisions of this Agreement.
E. 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
Tustin, CA 92780 P. O. Box 14184
Orange, CA 92863-1584
Attention: Douglas S. Stack Attention: Mr. Darrell Johnson
Acting Director of Public Works/City Engineer Executive Director, Rail Programs
Department of Public Works
Telephone: (714) 573-3150 Tele 714/560-5343; Fax 714/562-5794
E-mail: dstackCa)_tustinca.org. E-mail: diohnson(a~octa.net
r. i ne neaamgs of 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.
Page 5 of 7
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COOPERATIVE AGREEMENT NO. C-9-0590
1 G. The provision of this Agreement shall bind and inure to the benefit of each of the parties
2 hereto and all successors or assigns of the parties hereto.
3 H. If any term, provision, covenant, or condition of this Agreement is held to be invalid, void
4 or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this
5 Agreement shall not be affected thereby, and each term, provision, covenant or condition of this
6 Agreement shall be valid and enforceable to the fullest extent permitted by law.
7 I. This Agreement may be executed and delivered in any number of counterparts, each of
8 which, when executed and delivered shall be deemed an original and all of which together shall
9 constitute the same agreement. Facsimile signatures will be permitted.
10 J. Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority
11 hereunder may be assigned in whole or in part by either Party without the prior written consent of the
12 other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent
13 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any
14 right to consent to such subsequent assignment.
15 K. Either party shall be excused from performing its obligations under this Agreement
16 during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond
17 its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering of
18 material, products, plants or facilities by the federal, state or local government, national fuel shortage, or
19 a material act or omission by the other party, when satisfactory evidence of such cause is presented to
20 the other party, and provided further that such nonperformance is unforeseeable, beyond the control
21 and is not due to the fault or negligence of the party not performing.
22 /
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COOPERATIVE AGREEMENT NO. C-9-0590
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This AGREEMENT shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT No. C-9-0590 to
be executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION
By:
Doug Davert
Mayor, City of Tustin
ATTEST:
By:
Pamela Stoker
City Clerk of City of Tustin
AP O ED A TO ORM:
By:
Douglas C. Holland
City Attorney of City of Tustin
Date: R 129 1 f~9
-~-r
AUTHORITY
By:
Will Kempton
Chief Executive Officer
APPROVAL RECOMMENDED:
By:
Darrell Johnson
Executive Director, Rail Programs
Date:
!~~ I I Page 7 of 7
COOPERATIVE AGREEMENT C-9-0590
Exhibit 1:
Scope of Work Summary
The Orange County Transportation Authority (OCTA) will be installing a Video Surveillance System
(VSS) at the Tustin Metrolink Station, located at 2975 Edinger Ave., Tustin, CA 92780. The nearest
cross streets/intersection to the property is Edinger Ave. and Jamboree Road, The station was
constructed at its present location in 2002 and has a ridership of more than 1,500 daily passengers. The
site contains a lighted surface parking lot with 310 parking spaces, a pedestrian underpass, a pedestrian
pathway currently being developed to the north of the station area, and a future parking structure to be
sited at the station. VSS cameras will be installed in the station area to provide video coverage of
surface parking areas; future parking structure (planned but not yet designed); train platforms;
pedestrian undercrossing tunnel way; and the Tustin Wye pedestrian pathway, currently under
development. Captured VSS images from the station cameras will be recorded and maintained on site
for 365 days per California Public Utilities Commission (CPUC) regulations. After installation is
completed, inspected, and accepted by OCTA and the City of Tustin, the VSS will be turned over to the
City of Tustin. The City of Tustin will solely be responsible for the operation and maintenance of the VSS
as well as any future expansions to the system.
COOPERATIVE AGREEMENT C-9-0590
Exhibit 2:
Approved Project Budget
Station/Description Amount Fiscal Year Allocated
Tustin VSS
Federal 5309
$600,000
FY 2006/2009
Commuter Urban Rail Endowment (local
match)
$150,000
TBD
Total $750,000
COOPERATIVE AGREEMENT C-9-0590
Exhibit 3:
Approved Project Schedule
May 18, 2009 Kick-off meeting with City for VSS
June 9, 2009 Draft Concept of Operations sent to Tustin
July 10, 2009 Draft Cooperative Agreement sent to Tustin
July 15, 2009 Draft site plan and preliminary cost estimates sent to Tustin
August 13, 2009 Cooperative agreement to OCTA Transit Committee
August 24, 2009 Consideration of Cooperative Agreement by OCTA Board
September 1,
2009 Expected Approval of Cooperative Agreement by City of
Tustin City Council
Early September
2009
Final RFP for review by City and OCTA
October/November
2009
RFP Selection Process
Early December
2009
Notice to Proceed for selected contractor
May/June 2010 Expected completion of construction /Final Punch List
Note: Deadlines are approximate and subject to change