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Home My WebLink About17 EXCESS SOILS AG 05-02-94NO. 17 5~-2 94 May 2, 1994 lnter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY SERVICES DEPARTMENT SUBJECT: TUSTIN SPORTS PARK - TRANSFER OF EXCESS SOILS BETWEEN T~STIN ~IFIED SCHOOL DISTRICT AND THE CITY OF T~STIN RECO~ATION: Authorize City Manager to execute the attached agreement to transfer excess soils from the Tustin Sports Park site to the Tustin Ranch Elementary School site. FISCAL IMPACT: The agreement is expected to have minimal fiscal affect to the city. Any anticipated costs for soils export were budgeted as part of the Tustin Sports Park budget. The agreement may actually result in a savings to the City since the Tustin Sports Park contractor will not have to haul soils to remote locations. Construction has begun on the 20 acre Tustin Sports Park in Tustin Ranch on Jamboree Road and Robinson Drive. Six tennis courts, three softball fields, two multipurpose football/soccer fields, and two basketball courts all with lighting. .~'~--' ",~ The park will be located adjacent to an elementary school site. Plans for the park and school have been carefully coordinated. During the planning for both facilities, it was found that soil export from the park site and soil import tot he school site would be necessary. This agreement will allow excess soil from the park site to'beutilized on the school site. The exporting cost of any soil moved from the park to the school site and not needed will be Unified School District ~~shared between~~the City and Tustin ~~._?ls~rlc~~ Randy ~stric~~_~ Susan M. Jones R~~isorEd Elowe ~A~nReCreati°nchristine Superintendent Project Manager Assistant City Manager Attachment I oo oo oo o · o AGREEMENT This Agreement is made and entered into this 8th day of March, 1994, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter the "CITY"), and the TUSTIN UNIFIED SCHOOL DISTRICT, a public entity (hereinafter the "DISTRICT',). RECITALS WHEREAS, CITY is the owner of the property located at 12850 Robinson Avenue, Tustin, California (hereinafter the "Park Site") ~pon which CITY intends to construct a sports park; and WHEREAS, construction of the sports park on the Park Site will generate excess soil, and require the export of that excess soil off site; and WHEREAS, DISTRICT is the owner of the real property located at the northeast corner of Robinson Avenue and Keller Drive, Tustin, California (hereinafter the "School Site") upon which DISTRICT intends to construct a school; and WHEREAS, construction of the school on the School Site will require the importation of soil; and WHEREAS, the School Site is immediately adjacent to the Park Site; and WHEREAS, the transfer of excess soil generated during the cOnstruction of the sports park on the Park Site to the School Site will benefit both CITY and DISTRICT. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, AND FOR' OTHER ~OOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS: 1. DISTRICT shall permit CITY, or CITY's duly authorized contractor or subcontractor, at no cost to CITY, to enter on the School Site and strip and remove weeds as necessary in a sufficient area to deposit excess clean soJ. 1 generated during grading of the Park Site for construction of a sports park. The parties shall mutually agree to the location for the deposit of said soil. 2. DISTRICT shall use the clean soil deposited on the School Site pursuant to this Agreement during grading and/or construction of the proposed school on the School Site. 3. CITY shall indemnify and hold DISTRICT, and DISTRICT's officers, employees and agents, harmless from and against that portion of any and all claims or actions for money or damages caused by the negligent acts or omissions of CITY or CITY's contractors or subcontractors during the deposit or removal of any excess soil from the School Site. 4. CITY shall assume no responsibility for maintenance or protection of the School Site after the deposit of excess clean soil, and DISTRICT shall indemnify and hold CITY, and CITY's officers, agents and employees, harmless from and against that portion of any and all claims or actions for money or damages arising out of DISTRICT's maintenance of the School Site. The parties further agree to the following "Quality control" criteria for monitoring the proposed import fill operation: Imported Park Site materials shall be stockpiled only in such area(s) as specifically designated by the DISTRICT. e The designated stockpile area(s) shall first be cleared of existing surface vegetation. These surficial organic "strippings" shall be hauled off- site by CITY's contractor. · Excess materials imported from the Park Site shall consist of clean native soils free from vegetation, debris, trash, rubbish, rubble, etc. Organically contaminated surface "strippings" shall not be allowed. e · e In view of its temporary nature, densification to a prescribed minimum degree of compaction is not considered necessary. In any case, the completed stockpile(s) should be "bladed" and rolled to a smooth, firm, uniformly graded condition by CITY's contractor. Site preparatiOn, importing and stockpiling operations shall be subject to periodic field monitoring by the DISTRICT's soils engineer consultant. The CITY's contractor shall coordinate scheduling with the DISTRICT's representative. Stockpiling of materials shall be completed such that the stockpile does not exceed 10 feet above existing grades. · Contractor, at the sole cost of CITY, shall provide erosion control measures per N.P.D.E.S. and CITY standards for stockpiled soils. The stockpiling of the fill shall be in accordance with the ordinances of the CITY regarding grading and shall be approved by both the DISTRICT representative and the CITY for erosion control. 9~ If, during construction of the school, it is determined by the DISTRICT's architect that the fill is in excess of the needs of the DISTRICT for the construction of the school and a portion of the fill must be removed from the School site, by DISTRICT's contractor, CITY and DISTRICT wi11 each pay 50% of any costs incurred in exporting any surplus fill, provided the CITY shall not be responsible for any costs incurred in exporting any surplus fill in excess of unit costs identified in the CITY's original Sports Park contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF TUSTIN By: Approved as to Form: Title: By: James G. Rourke city Attorney Approved as to Form: PARKER, COVERT & CHIDESTER By: Clayton H. Parker TUSTIN UNIFIED SCHOOL DISTRICT Title: