Loading...
HomeMy WebLinkAbout08 DYER/BARRANCA/RED HILL INTERSECTION IMPROVEMENTry,~,,~r.~+ 7 +w ~J ~ ~'~~~~.~~ Agenda Item -~=~U ~ AGENDA REPORT Reviewed: ~, ~~~~ ~~ f~ ,~~ ~~ City Manager "-~ Finance Director N/A MEETING DATE: FEBRUARY 16, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVAL OF AN AGREEMENT BETWEEN CITY OF TUSTIN AND CITY OF IRVINE FOR THE DYER ROAD/BARRANCA PARKWAY/RED HILL AVENUE INTERSECTION IMPROVEMENT PROJECT SUMMARY Approval of an agreement between the City of Irvine and City of Tustin is necessary for Irvine's construction of the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project. The subject agreement identifies the respective responsibilities of the two cities as it relates to the Project, particularly since a portion of the Project impacts Tustin's jurisdictional boundaries. RECOMMENDATION It is recommended that the City Council approve the Agreement between the City of Tustin and the City of Irvine for the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project, and authorize execution of the agreement by the Mayor and City Clerk on behalf of the City. FISCAL IMPACT There is no fiscal impact to the City of Tustin. The City of Irvine is the lead agency and is responsible for all Project funding, both design and construction. DISCUSSION BACKGROUND Design of the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project is complete and the Project is ready to bid. As lead agency, the City of Irvine has scheduled approval and authorization to bid for their City Council meeting of February 23, 2010. All Project costs for design and construction are the responsibility of the City of Irvine. The need to improve the intersection of Dyer Road/Barranca Parkway/Red Hill Avenue was identified as mitigation in the 1992 Environmental Impact Report for the City of Irvine General Plan Amendment 7234-GA, which provided for increased intensity standards for development within the Irvine Business Complex. Although the City of Irvine has received some developer funding for the Project, they have also pursued and received local and state grants for implementation of these improvements. Tustin and Irvine have been coordinating the implementation of this Project for the past three years. The Project includes the widening of the noted intersection by adding through lanes in each direction along Dyer Road/Barranca Parkway and Red Hill Avenue. The addition of eastbound and westbound left-turn lanes on Barranca Parkway, the addition of a westbound dedicated right-turn Agreement for Dyer/Barranca/Red Hill Intersection Improvements February 16, 2010 Page 2 lane on Barranca Parkway at Red Hill Avenue, and modifications to the Barranca Channel are necessary for said improvements, as depicted on Exhibit A of the attached Agreement. As part of this Project, Edison will be relocating some of the large electric power transmission towers on Barranca Parkway to accommodate the additional left-turn lanes. This phase of the Project started last month and is anticipated to be completed in July of this year. The roadway and channel construction is scheduled to commence in May of this year and be completed in the summer of 2011. Due to items related to potential environmental issues on Tustin Legacy by the Project, engineering staff, in coordination with the Assistant City Manager, utilized the expertise of Special Legal Counsel in Washington D.C., Barry Steinberg with Kutak Rock. Mr. Steinberg, being familiar with such issues at the former MCAS Tustin facility, was instrumental in crafting verbiage in the Agreement and working with the City of Irvine's legal counsel for consensus. The City Attorney has reviewed the Agreement and has approved as to form. S. Stack, P.E. Doug Anderson ablic Works Director/City Engineer Transportation and Development Services Manager Attachment: Agreement 4821-6148-9669.1 S:\City Council Items\2010 Council ItemsWpproval Of Agreement For Dyer, Barranca, Red Hill Project.Docx AGREEMENT BETWEEN CIT~~ OF TUSTIN AND CITY OF IRVINE FOR THE DYER ROADlBARRANCA PARKWAY/RED HILL AVENUE INTERSECTION IMPROVEMENT PROJECT THIS DESIGN AND CONSTRUCTION AGREEMENT ("Agreement"), is made and entered into this day of , 2010, by and between the CITY OF TUSTIN, a California municipal corporation ("Tustin"), and the CITY OF IRVINE, a California charter city ("Irvine"). In this Agreement, Tustin and Irvine may each individually be referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Irvine has initiated and is proceeding with the Dyer Road/Barranca Parkway/Red Hill Avenue Intersection Improvement Project ("Project"), which is defined as the design and construction of additional through lanes in each direction along Dyer Road/Barranca Parkway and Red Hill Avenue, the addition of eastbound and westbound left-turn lanes on Barranca Parkway, the addition of a westbound dedicated right-turn lane on Barranca Parkway and Red Hill Avenue, and modifications to the Barranca Channel necessary for said improvements as depicted on Exhibit A; and WHEREAS, the Project involves Tustin and Irvine because the common city boundary line exists through the intersection of the Project; and asai-6~as-9669.1 Page 1 WHEREAS, the Project improvements will require modification to the existing Barranca Channel in the City of Tustin, adjacent to Barranca Parkway, between Red Hill Avenue and Aston Street; NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency which is acknowledged by all Parties, the Parties agree as follows: 1. Irvine will act as lead agency for the design and construction phases of the Project. Irvine is responsible for funding the Project within the Tustin and Irvine city limits. Pursuant to the Agreement, Irvine is responsible for the "Total Cost" of the Project. Total Cost includes the design, design administration, materials testing, site construction survey, inspection, necessary environmental remedial work, construction engineering, construction management, as well as construction for the entire Project at no cost to Tustin. 2. Notwithstanding the provisions of paragraph 1, for the construction within the City limits of Tustin including County of Orange channel and maintenance road improvements of the Project, Tustin shall review and sign the final design drawings for the Project prior to bid advertisement. Irvine and Tustin agree to reasonably cooperate in resolving any disputes over the final design drawings. Tustin's signature pursuant to this section will not be unreasonably withheld. as2t-~ias-9669.1 Page 2 3. For those portions of the Project within Tustin City limits, Tustin will issue a permit and provide inspection for the construction of the Project for general conformity to the plans and city standards within Tustin. 4. Tustin will facilitate obtaining property owner execution of a no cost temporary construction easement to enter and construct the improvements of the Project located on private property. 5. Tustin will provide assistance in the transfer of necessary easements to the County of Orange in order to facilitate the construction of interim channel and maintenance road improvements of the Project at no cost to Irvine. 6. Irvine shall be responsible for accepting the transfer of applicable portions of existing regulatory permits issued by the California Department of Fish and Game, RWQCB, and Army Corps of Engineers, and satisfying any requirements included therein for the Project, for which Irvine is responsible, including but not limited to Irvine's mitigation of temporary impacts related to the Project subject to Tustin's review and approval of any regulatory permit transfer documents prior to any written acceptance by Irvine. Irvine shall be responsible for adherence to all deed restrictions and requirements, activity use limitations and notice requirements associated with property within the jurisdictional boundary of Tustin. 4821-6148-9669.1 Page 3 7. Tustin shall allow Irvine, its representatives, agents and contractors access to portions of the Project site within Tustin right-of--way and on private property (with the prior written consent of the property owner) within Tustin boundaries once easements are secured with the applicable property owner. 8. Tustin shall allow Southern California Edison to perform weekend closures of the Dyer/Barranca/Red Hill intersection necessary to construct the new transmission towers on Barranca Parkway and Dyer Road. 9. Irvine and Tustin shall extend cooperation to each other, including utility operators, contractors and third parties, in order to facilitate timely completion of the Project. 10. Tustin will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Tustin will be invited to attend all pertinent meetings, i.e. pre-bid, pre-construction, Project status, and final walk through. 11. Irvine shall require that the independent contractor provide the necessary insurance coverage for construction work and shall require the independent contractor to name Tustin, its elected officials, employees, agents and representatives asadditional insured. 12. Irvine shall furnish Tustin with a copy of any proposed change order to the construction contract, affecting Tustin, within ten (10) days of initiation of changed conditions to such 4821-6148-9669.1 Page 4 contract. Tustin shall promptly review and respond to proposed change order(s) within five (5) working days of receipt by Tustin. Irvine and Tustin agree to reasonably cooperate in resolving any disputes related to proposed change orders to the construction contract, affecting Tustin. Tustin shall not unreasonably withhold written approval of any such change order. 13. The following staff members, or as otherwise designated in writing by the Director of Public Works of Irvine or the Director of Public Works of Tustin, shall be the selected representatives of each City to act on each respective City's behalf with respect to this Agreement. Any notice, demand, request, consent, approval, plan submittal or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first class mail to the address set forth below, or as otherwise designated. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section: City of Tustin: ATTN: Doug Anderson Transportation and Development Manager 300 Centennial Way Tustin, CA 92780-3715 Phone: (714) 573-3172 City of Irvine: ATTN: Mark Carroll City Engineer P.O. Box 19575 Irvine, CA 92623-9575 Phone: (949) 724-6410 4821-6148-9669. I Page 5 E-Mail: dandersonntustinca.ors? E-Mail: mcarroll(a?ci.irvine.ca.us 14. Upon satisfactory completion of construction activities for improvements of the Project within Tustin's city limits, Tustin shall sign Project acceptance documents and assume all maintenance activities for improvements of the Project within Tustin's city limits with the exception of portions of the Barranca Channel to be maintained by the County of Orange. Tustin's signature, acceptance, and relief of maintenance in accordance with this section shall not be unreasonably withheld. 15. Upon completion of construction activities for portions of the basin inlet structure to be granted to the County of Orange, Irvine will pursue acceptance and relief of maintenance from the County of Orange pursuant to the related permit issued by the County of Orange. 16. Irvine shall provide Tustin final Record Drawings for the Project on mylar and in pdf format as well as electronic CADD files in Microstation format within 90 days of the completion and acceptance of construction. 17. Irvine shall, at its sole expense, indemnify, defend, and hold harmless Tustin, its affiliates, directors, officers, employees, agents and independent contractors (for purposes of this section, collectively "Tustin") for, from and against any and all losses, costs, and damages of every kind and description, including reasonable attorneys' fees and litigation expenses ("Losses") incurred as a result of a claim, demand, suit, action or proceedings 4821-6148-9669.1 Page 6 alleging Losses determined to be caused by, arising out of, or contributed to by, in full or in part, any act, omission, professional error, fault, mistake, willful misconduct or negligence of Irvine, its employees, agents, representatives, or subcontractors, or their employees, agents, or representatives, in connection with or incidental to the performance or activity of Irvine's obligations, duties, or responsibilities under this Agreement. Tustin shall, at its sole expense, indemnify and hold harmless Irvine, its affiliates, directors, officers, employees, agents and independent contractors (for purposes of this section, collectively "Irvine") for, from and against any and all losses, costs, and damages of every kind and description, including reasonable attorneys' fees and litigation expenses ("Losses") incurred as a result of a claim, demand, suit, action or proceedings alleging Losses determined to be and to the extent of caused by, arising out of, or contributed to by, in full or in part, any act, omission, professional error, fault, mistake, willful misconduct or negligence of Tustin, its employees, agents, representatives, or subcontractors, or their employees, agents, or representatives, in connection with or incidental to the performance or activity of Tustin's obligations, duties, or responsibilities under this Agreement. 18. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 19. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 4821-6148-9669.1 Page '] 20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21. 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. 22. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 23. In performing its obligations and duties under this Agreement, each Party shall comply with all applicable local, state, and federal laws, regulations, rules, and ordinances. 24. Attorneys' Fees. In the event any action is brought between the Parties hereto relating to this Agreement or the breach thereof, each Party shall be responsible for their own legal costs. 4821-6148-9669. I Page $ 25. Counterparts. This Agreement may be executed by the parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 26. Governing Law. This Agreement is to be governed by the laws of the State of California. 27. Irvine agrees that it shall be responsible for and perform remediation of hazardous material or contamination identified on property located within the jurisdictional boundary of Irvine or Tustin as part of this Project unless: a. Tustin is required by final regulatory or judicial order issued by an entity with authority over Tustin, to perform the remediation on property owned by Tustin, or b. Tustin voluntarily agrees to perform the remediation. Irvine shall provide Tustin with appropriate notice of the discovery of such condition and all related documents. If a third party such as the United States Navy or other entity is the responsible party for the hazardous material or contamination found on property owned by Tustin, Tustin shall take all necessary steps to ensure that the responsible party conducts or pays for all necessary remedial action. To the extent that Tustin recovers costs and expenses incurred by Irvine associated with the remediation of hazardous materials or contamination found on property owned by Tustin, Tustin shall reimburse Irvine for its costs and expenses to the extent of such recovery. aa2~-6i4s-9~9.~ Page 9 If Irvine conducts remediation on property located within the jurisdiction of Tustin and it is later determined by final regulatory or judicial order that Tustin is obligated for such remediation under the terms of this Agreement, Tustin shall be obligated to reimburse Irvine for all costs, expenses, and fees incurred by Irvine in securing such remediation no later than thirty (30) days after both of the following occur: (a) such determination becomes final pursuant to Section 27 (a) or (b) and (b) Irvine provides Tustin with an invoice for such costs, expenses, and fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above "Tustin" CITY OF TUSTIN By: Jerry Amante Mayor APPROVED AS TO FORM: "Irvine" CITY OF IRVINE By: Sukhee Kang Mayor APPROVED AS TO FORM: By: gy. D glas H. Holland Philip D. Kohn Attorney City Attorney ATTEST: By: Pamela Stoker City Clerk of the City of Tustin ATTEST: By: Sharie Apodaca City Clerk of the City of Irvine asz~-6~as-9669.E Page 10 3r~env„ra~a ~'~ ~~ ~ ~ _ _ ~._ _.~ ~n~ _ ~~~ . _.~ ~« ~--~= A ,. - a .. r.,i q~ r.. ~. ..~.~, - .. i ~, ,t I I~ ~` ~. ,~ ~+ ,~~ ~$ ~ is l li 3t ~1 I ~~ I `~ i ~ jl I ~I i ~ i ~~ i ~~ it °` ~u ~: `~ -I ~~ ;. ~ z r '~-_ ------~ ;, I ~' ~; I ~; ~; I ,, ,~ ,; ~~ 'I~ ~,~ s~ ( ,, ,~ I ~; ~: ,~,~. ,~ ~!. W Q Z F- J W to _ ; F- w~0 a ~~~_ YZU a~~ U Uw Z V) Z QGC= w F- a?~ m 8 8 _~ g~