HomeMy WebLinkAbout08 AGREEMENT WITH CITY OF IRVINE FOR JAMBOREE ROAD AND IRVINE BLVD IMPROVEMENTSDocusign Envelope ID: 986AA054-0725-4395-8229-B3E25F62944C
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item 8
Initial
AGENDA REPORT Reviewed: Fa`V�
City Manager
Finance Director 9
NOVEMBER 19, 2024
ALDO E. SCHINDLER, CITY MANAGER
MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS
AGREEMENT WITH CITY OF IRVINE FOR JAMBOREE ROAD AND
IRVINE BOULEVARD IMPROVEMENTS
Staff is requesting that the City Council approve a Cooperative Agreement with the City of
Irvine for the Jamboree Road and Irvine Boulevard Intersection Improvement Project. The
cities of Tustin and Irvine have identified the need to enhance traffic flow and reduce
congestion at the intersection of Jamboree Road and Irvine Boulevard. Improvements for
this intersection are identified and fully funded by the City of Irvine's North Irvine
Transportation Mitigation Program. Since the project delivery requires cooperation from
each agency, an agreement is required to identify and implement the project improvements.
RECOMMENDATION:
It is recommended that the City Council:
1. Approve Cooperative Agreement for Jamboree Road/Irvine Boulevard
Intersection Improvement Project between the City of Irvine and the City of
Tustin; and
2. Authorize the City Manager or his designee, the Director of Public Works, and
City Clerk to execute the agreement on behalf of the City.
FISCAL IMPACT:
Sufficient funds in the amount of $2,000,000 have been budgeted in the Fiscal Year 2024-
2025 Capital Improvement Program budget for Tustin's obligated construction phase of the
project. Per the agreement Tustin's total construction costs will be fully reimbursed by the
City of Irvine, as the project is funded through the North Irvine Transportation
Mitigation Program.
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City Council Agenda Report
Cooperative Agreement with City of Irvine
November 19, 2024
Page 2
CORRELATION TO THE STRATEGIC PLAN:
Intersection improvements contribute to the fulfillment of the City's Strategic Plan Goal B:
Public Safety and Protection of Assets. Specifically, the project implements or fosters the
implementation of Strategy #5 to ensure continuous maintenance and improvement of
traffic control and transportation facilities. Secondly, Goal D: Strong Community and
Regional Relationships, specifically Strategy #2, by working collaboratively with outside
agencies to address issues of mutual interest and concern.
BACKGROUND AND DISCUSSION:
In 2003, the City of Irvine established the North Irvine Transportation Mitigation (NITM)
Program to provide a funding mechanism for the transportation improvement mitigation
measures identified in the environmental impact reports for future development projects.
The purpose of the mitigation program is to fund the timely construction of transportation
improvements to serve development necessary for the growth planned in North Irvine. The
intersection of Jamboree Road and Irvine Boulevard was identified for improvements in the
original Study. In addition, the results of the latest NITM Five-year Comprehensive Review
(March 2024) shows this intersection is projected to operate at deficient Levels of
Service. Therefore, the cities intend to work together through cooperative agreement
to enhance the traffic flow and reduce congestion at this intersection.
The agreement identifies the City of Irvine as the lead agency for preliminary engineering,
final design, and right-of-way phases of the project, and the City of Tustin as the lead
agency for the construction phase. The City of Irvine would directly pay all project costs
associated with the preliminary engineering, final design, and right-of-way phases and
reimburse the City of Tustin for all costs associated with the construction phase.
The City Council of the City of Irvine approved the cooperative agreement on October 8,
2024. The City Attorney has approved the agreement as to form.
V-�,,l ,,0 C----
Michael Grisso
Director of Public Works
Attachment: Cooperative Agreement
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COOPERATIVE AGREEMENT
FOR
JAMBOREE/IRVINE INTERSECTION IMPROVEMENT PROJECT
This COOPERATIVE AGREEMENT FOR JAMBOREE ROAD/IRVINE BOULEVARD
INTERSECTION IMPROVEMENT PROJECT ("Agreement") is made and entered into
as of , 20 ("Effective Date") by and between the City
of Irvine ("Irvine") and the City of Tustin ("Tustin"). Irvine and Tustin are sometimes
individually referred to as "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, Tustin in cooperation with Irvine is working to enhance the traffic flow
and reduce congestion at the intersection of Jamboree Road and Irvine Boulevard
("Jamboree/Irvine").
B WHEREAS, Irvine established the North Irvine Transportation Mitigation ("NITM")
Program by Ordinance No. 03-20, which was adopted by the City Council of Irvine
on May 27, 2003, for purposes of funding the timely construction of transportation
improvements to serve the development of the remaining undeveloped real
property in North Irvine.
C. WHEREAS, the NITM Program contains the "List of NITM Improvements," which
is a list of all transportation improvements necessary to serve the undeveloped real
property in North Irvine.
D. WHEREAS, the intersection of Jamboree/Irvine, shown on Exhibit A, attached
hereto and by this reference incorporated herein, is included in the List of NITM
Improvements.
E. WHEREAS, both Parties also acknowledge and agree that each Party has the
specific power to improve, widen, and connect streets pursuant to California
Government Code section 40401 and California Streets and Highways Code
section 1804, and that each Party may use the power of eminent domain of
accomplishing such actions pursuant to California Government Code section
40404 and California Streets and Highways Code sections 1807 and 1810; and
F. WHEREAS, both Parties further acknowledge and agree that the power of eminent
domain also extends, in certain situations, to extraterritorial properties existing
outside of a Party's immediate jurisdiction and that one Party may consent to the
other Party's jurisdiction pursuant to California Code of Civil Procedure section
1240.140; and
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G. WHEREAS, by way of this Agreement for joint exercise of powers, and pursuant
to California Code of Civil Procedure section 1240.140 and Government Code
section 6500 et seq., one Party wishes to exercise its eminent domain powers to
acquire the Properties within the other jurisdiction and wishes to consent to the
other party acting as the lead agency in the acquisition of the Properties in
connection with the Project; and
H. WHEREAS, this Agreement for the joint exercise of powers does not create an
agency or entity separate from the Parties for purposes of the Joint Exercise of
Powers Act, Government Code section 6500 et seq.
WHEREAS, the Parties desire to enter into this Agreement to set forth each Party's
respective administrative and funding obligations for the preliminary engineering,
final design, right-of-way, and construction phases of the Jamboree/Irvine
intersection improvements ("Project"), including elements from the NITM program.
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein
by reference, and the mutual covenants set forth below, the Parties hereby agree as
follows:
AGREEMENT
Lead Agency_. Irvine will be the lead agency under CEQA, for the preliminary
engineering, final design, and right-of-way phases. Tustin will be the lead agency
for the construction phase of the Project.
2. Funding Commitment.
a. Parties agree that the Jamboree/Irvine improvement ("Improvement") is
identified in the NITM program and, therefore, Irvine, through the NITM
Program, will be responsible for the Project costs associated with all phases
of this Improvement. Irvine will contribute one hundred percent (100%)
toward preliminary engineering, final design phases, right-of-way, and
construction phases of the Improvement.
3. Payment of Contributions.
a. Payments to the consultant will be made directly by Irvine for the preliminary
engineering, final design, and right-of-way phases. Tustin shall invoice
Irvine for payment of their costs on a quarterly basis upon commencement
of the construction phase of the Project. Irvine agrees to pay such invoices
within thirty (30) days of receipt.
4. Prelimiria Engineering Phase.
a. In the first phase, the preliminary engineering phase, Irvine shall:
i. Cause the preparation of preliminary engineering design conceptual
plans and environmental reviews; and distribute them to Tustin
("Project Report");
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ii. Provide the CEQA documentation for the Project;
iii. Obtain an engineer's estimate of the Project costs ("Engineer's
Estimate"); and,
iv. Secure any permits or approvals required for the Project.
b. The appropriate environmental documents shall be prepared and adopted
by Irvine.
c. Tustin staff will be invited to participate in the Project Development Team
meetings conducted by Irvine.
5. Final Design Phase.
a. Prior to commencing the second phase, the final design phase, Irvine shall
obtain in writing:
i. Tustin's written approval of the Engineer's Estimate; and,
ii. Tustin's acceptance of the Project Report, as defined in Section 4.a.i.
above.
b. In the final design phase, Irvine shall cause the preparation of the final
design plans, specifications and special provisions for the Project. Plans,
specifications and special provisions shall be prepared pursuant to Tustin's
latest standard plans and specifications for the portions of the Project within
Tustin and pursuant to Irvine's latest standards and special provisions for
the portions of the Project within Irvine. 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. Irvine's signature pursuant to this section will not be
unreasonably withheld.
c. 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.
d. Specific to the fact that the Tustin properties and other portions of the
project are located within the Project's jurisdiction, but that the Parties agree
to Irvine acting as the lead agency for the Project and/or the Tustin
properties, Tustin hereby consents to Irvine's exercise of the power of
eminent domain and agrees to the joint exercise of powers as so required
to complete the project and/or the acquisition of the Tustin properties or to
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obtain the property necessary for the project pursuant to the provisions of
California law above. Irvine shall be responsible for ensuring its compliance
with all applicable State and federal laws relating to its acquisition of any
such property as applicable, including, but not limited to: (i) California
Constitution Article 1, § 19; (ii) the California Eminent Domain Law (Code
Civ. Proc., §§ 1230.010 et seq.); (iii) the Uniform Relocation Assistance and
Real Property Acquisition Policies for Federal and Federally Assisted
Programs, as amended (42 U.S.C. § 4601 et seq.); (iv) California relocation
laws and any implementing regulations (including, but not limited to, Gov.
Code, §§ 7260 et seq.): (v) general California eminent domain statutes
(including, but not limited to, Gov. Code §37350.5 and §§ 40401 et seq.)
and (vi) any other applicable state and federal laws.
6. Agency Review of Documents. Irvine and Tustin shall each incur their own costs
associated with the plan check and review of all documents.
7. Construction.
a. Costs associated with construction inspection of the Project within each
respective jurisdiction shall be included in the project costs, not to exceed
15% of the construction costs.
b. Irvine will provide assistance in the transfer of necessary easements or
relocation of affected utility company facilities.
c. Irvine shall allow Tustin, its representatives, agents and contractors access
to portions of the project site within Irvine right-of-way and on private
property within Irvine boundaries once easements are secured with the
applicable property owner.
d. Tustin shall notify Irvine of the official advertising dates, bid opening date,
construction start date, and overall construction schedule. Tustin shall invite
a representative from Irvine to attend pre -construction, project status and
final walk-through meetings.
e. Irvine shall allow necessary closures to construct the project improvements.
f. Tustin shall require that the independent contractor provide the necessary
insurance coverage for construction work and shall require the independent
contractor to name Irvine, its elected officials, employees, agents and
representatives as additional insured.
g. Tustin shall provide Irvine final Record Drawings for the project
improvements in pdf format as well as electronic CADD files in AutoCAD
format, within 90 calendar days of the project completion and acceptance.
h. Tustin shall record a Notice of Completion for the project and provide
Irvine's clerk with a certified copy of the recorded Notice of Completion.
Upon receipt of such Notice of Completion, Irvine shall accept full
maintenance and upkeep responsibilities for the project improvements that
are located within the City of Irvine.
i. Tustin shall cause its contractor for the project to warranty the project
improvements against defects in workmanship and materials for a minimum
period of one (1) year from the date of acceptance of the project
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improvements. It is further agreed that Tustin shall assume the
responsibility for causing the project improvements to be restored to full
compliance with the Plans and Specifications, including any test
requirements, for any portion of the project improvements during which said
one year period are found by a competent authority not to conform with the
Plans and Specifications, to the extent such failure to conform results from
negligent actions or willful misconduct of Tustin or its contractor. This
warranty is in addition to any and all other warranties, expressed or implied,
from Tustin contractors or material manufacturers with respect to the project
improvements. The warranty and obligations under this section shall in no
way be relieved by Irvine's inspection and/or approval. This section sets
forth the entire agreement of Irvine with respect to warranties for the project
improvements, but this section shall in no way limit any expressed or implied
warranties of other persons with respect to the Project improvements.
8. Prior Rights. Wherever possible, Irvine and Tustin shall take the necessary actions
to exercise and secure its prior rights over all utilities or facilities requiring
relocation within their respective jurisdiction in accordance with this Agreement.
9. Encroachment Permit. Irvine agrees to issue a no fee encroachment permit
authorizing entry onto Irvine for the Project.
10. Actual Proiect Cost. Irvine agrees that its contribution for the Improvement shall be
based on the actual construction costs.
11. Actual Proiect Costs Exceed Estimates. In the event the lowest, responsive, and
responsible contractor's construction bid exceeds 10% of the Engineer's Estimate,
both Tustin and Irvine agree to: (1) meet and determine possible Project revisions
to reduce costs and rebid the Project, or (2) provide the additional funding. In the
event the actual project cost exceeds the engineer's estimate by 10% or less, both
Tustin and Irvine agree Irvine will provide the additional funding based on Section
2.
12. Change Orders and Additional Consulting Services.
a. Change orders shall be reviewed and subject to written approval by Irvine
prior to granting approval based on Section 2. Costs related to such change
orders will be reimbursed by Irvine. If either agency requests additional
changes that are not necessary for project completion, those costs would
be reimbursed by the requesting agency.
b. Tustin shall furnish Irvine with a copy of any proposed change order to the
construction contract, affecting Irvine, within ten (10) days of initiation of
changed conditions to such contract. Irvine shall promptly review and
respond to proposed change order(s) within five (5) working days of receipt
by Irvine. Irvine and Tustin agree to reasonably cooperate in resolving any
disputes related to proposed change orders to the construction contract.
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Irvine shall not unreasonably withhold written approval of any such change
order.
13. Upon satisfactory completion of construction activities for improvements of the
Project within Irvine City limits, Irvine shall sign Project acceptance documents and
assume all maintenance activities for improvements of the Project within Irvine City
limits. Irvine's signature, acceptance, and relief of maintenance in accordance with
this section shall not be unreasonably withheld.
14. Agency Representatives. The following staff members or as otherwise designated
in writing by the City Manager of Irvine or the City Manager of Tustin, shall be the
selected representatives of each City to act on each respective City's behalf with
respect to this Agreement. The aforementioned Party representatives shall
collectively be referred to as the "Agency Representatives." Any notices,
requests, approvals, plan submittals or communications shall be provided to each
representative noted below:
To Irvine:
Sean Crumby
Director of Public Works
and Sustainability
scrumb cit ofirvine.or
P.O. Box 19575
Irvine, CA 92623-9575
(949) 724-6070
15. Mutual Indemnification.
To Tustin:
Michael Grisso
Acting Director of Public Works
mqrissoa,tustinca.om
300 Centennial Way,
Tustin, CA 92780
(714) 573-3350
Irvine shall indemnify, defend, save and hold harmless Tustin, its City Council, and
each of its elected or appointed officers, employees, officials, volunteers and
agents from and against any and all loss, damages, liability, claims, including but
not limited to bodily injury, death, personal injury, property damages, or any other
claims arising out of (i) breach of this Agreement by Irvine or (ii) the willful actions
or active negligence or omissions of Irvine, its employees, or agents in the
performance of its obligations pursuant to this Agreement, and shall include
attorneys' fees and other reasonable costs incurred in defending any such claim.
Tustin shall indemnify, defend, save, and hold harmless the City of Irvine, and each
of their elected or appointed officers, officials, volunteers, agents and employees
from and against any and all loss, damages, liability, claims including but not
limited to bodily injury, death, personal injury, property damages, or any other
claims arising out of (i) breach of this Agreement by Tustin or (ii) the willful actions
or active negligence or omissions of Tustin, its employees, or agents in the
performance of its obligations pursuant to this Agreement, and shall include
attorneys' fees and other reasonable costs incurred in defending any such claim.
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16. Amendment. This Agreement may be amended at any time by the mutual consent
of the Parties by a written instrument signed by the Parties.
17. Termination_ This Agreement shall commence on the Effective Date and remain in
effect until Irvine's Agency Representative finds the Project completed. The
obligations set forth in Sections 2, 3 and 15 shall survive termination.
18. Entire Agreement. This Agreement represents the entire understanding of the
Parties as to those matters contained herein, and no prior oral or written
understanding shall be of any force or effect with respect to those matters covered
in this Agreement. In the event that any one or more of the phrases, sentences,
clauses, or sections contained in this Agreement shall be declared invalid or
unenforceable by valid judgement 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.
19. Litigation fees. Should litigation arise out of this Agreement or the performance
thereof, each Party shall bear its own litigation and collection expenses, witness
fees, court costs and attorney's fees.
20. Counterpart. The Agreement and any amendment hereto may be executed in one
or more counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
21. In accordance with Government Code section 6505(a), the Parties shall strictly
account for all funds, and all receipts and disbursements shall be reported.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by its
duly authorized officers and representatives as of the date first set forth above.
CITY OF IRVINE
Es� (��
DocuSigned by:
1.1KD14D1141M
By: Sean crumby
Director of Public Works
& Sustainability
ATTEST:
DocuSigne�:
OFCAD91FUE547D...
By: Carl Petersen
City Clerk
APPROVED AS TO FORM
0ca SigneA by:
i An rj A A
By: Jeff Melching
City Attorney
CITY OF TUSTIN
By: Michael Grisso
Acting Director of Public Works
ATTEST:
By: Erica N. Yasuda
City Clerk
APPROVED AS TO FORM
By: David E. Kendig
City Attorney
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EXHIBIT A
Jamboree Road and Irvine Boulevard Intersection
VICINITY MAP