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Home My WebLink About25K - AGMT OC STREET CARREQUEST FOR - COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2018 TITLE: APPROVE THE THIRD AMENDMENT TO THE OC STREETCAR DESIGN COOPERATIVE AGREEMENT (NONGENERAL FUND) (PROJECT NO. 17-6766) (STRATEGIC PLAN NOS. 3,2C & 4B; 6, 1G) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a third amendment to the cooperative agreement with the Orange County Transportation Authority for design of the OC Streetcar Project, to reflect the joint acquisition of properties for the OC Streetcar Maintenance and Storage Facility site, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On March 15, 2016, a Design Cooperative Agreement (Agreement) with the Orange County Transportation Authority (OCTA) was approved by City Council for the design of the OC Streetcar Project (Project). The Agreement outlines the general roles and responsibilities between the City of Santa Ana and OCTA for the design phase of the Project. The Agreement was subsequently executed by OCTA on May 9, 2016. A first amendment to the agreement was later approved on April 4, 2017, which slightly revised the scope of the Agreement and adjusted the expenditure plan. On July 17, 2018, a second amendment to the Agreement was approved, which updated the project scope to reflect the transfer of agreed-upon easements to OCTA by the City. The proposed third amendment to the Agreement (Exhibit 1) updates Section 10.2, "Permits," of Exhibit B, "Project Scope," to include provisions for OCTA to move forward in completing the lot consolidation process prior to acquiring fee title of three privately owned parcels the City and OCTA are jointly acquiring for the OC Streetcar Maintenance and Storage Facility (MSF) site. This action will allow the City to issue all design and construction permits required for the MSF site and allows OCTA to continue with the project's construction activities without delay. 25K-1 Third Amendment to OC Streetcar Design Cooperative Agreement December 18, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet the following Strategic Plan Goals: 1. Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects including: The Fixed Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). 2. Goal #3 - Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). 3. Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans; e.g., transit vision, street car, fixed guideway project, SARTC master plan, Bristol Street widening, neighborhood streets, traffic improvements, park facilities, sport fields, soccer fields, senior centers, bike master plan, etc.). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. —v Fuad S. weiss, PE, PLS Minh ai Executiv Director Executive Director Public W rks Agency Planning and Building Agency Exhibit: 1. Design Cooperative Agreement Amendment No. 3 25K-2 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.3 TO COOPERATIVE AGREEMENT NO. C-5-3583 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR THE DESIGN PHASE OF THE OC STREETCAR PROJECT THIS AMENDMENT NO.3 Is effective this day of . 2018, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public entity of the State of California (hereinafter referred to as "AUTHORITY'), and the City of Santa Ana, a charter city and a municipal corporation (hereinafter referred to as "CITY"), each individually known as "Party" and collectively referred to as "Parties". WITNESSETH: WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-5,3583, dated August 1, 2015 (the "Agreement'), as last changed by Amendment No. 2 dated August 15, 2018 for support of the design phase of the OC Streetcar, and WHEREAS, the AUTHORITY and CITY agree that the AUTHORITY will provide the necessary funds to acquire the specified properties necessary for construction and operation of OC Streetcar, and WHEREAS, the AUTHORITY and CITY are jointly delivering the OC Streetcar project including jointly acquiring property rights needed to construct the Maintenance and Storage Facility site; and WHEREAS, AUTHORITY and CITY are in the process of acquiring three privately owned parcels required for the design and construction of the Maintenance and Storage Facility site. The design of the Maintenance and Storage Facility site shall also require the need for a portion of two separate parcels located within the Pacific Electric Right of Way currently owned by AUTHORITY; and EXHIBIT 1 Page 1 of 3 L,.ICamm1CLERICALIWORDPROCIAGREe MENDMM353583.dux 25K-3 1 2 3 4 5 B 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.3 TO AGREEMENT NO. C-5-3583 WHEREAS, AUTHORITY and the CITY mutually agree to modify Exhibit B "Project Scope° to Include additional language to address design and construction permits to be Issued prior to completion of the required lot consolidation process; and WHEREAS, AUTHORITY and the CITY mutually agree to include added indemnification language limited to permits issued prior to completion of the lot consolidation process; and WHEREAS, the CITY's City Council approved this Amendment No. 3 on _ and NOW, THEREFORE, it Is mutually understood and agreed upon by the AUTHORITY and CITY that the Agreement is hereby amended in the following particulars only: 1. Amend Exhibit B, °Project Scope"to incorporate Exhibit B, 'Project Scope, Amendment No. T, which is attached hereto and by this reference, made part of the Agreement. 2. The AUTHORITY s indemnification obligation appearing in Section 9.6. of the original Agrgement No. C-53583 shall be extended to include any and all liabilities, actions, suits, claims, demands, losses, costs, judgements, arbitration awards, settlements, damages, demands, orders, penalties and expenses including legal costs and attorney fees inured by the CITY in connection with or arising from CITY s issuance of any design, construction, grading, or building permit hereunder, prior to completion of the lot consolidation process. Page 2 of 3 L•\CaMMICLERICALMORDPROCl4GREEW MENDNM353583.dowc 25K-4 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22a 024 25 26 AMENDMENT NO.3 TO AGREEMENT NO. C-5-3583 The balance of said Agreement remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement No. C-53583 to be executed on the date,first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY Raul Godinez II City Manager APPROVAL AS TO FORM: By: onia Carvalho city Attomey By: Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency ATTEST: By: Maria D. Huizar City Clerk Dated: By . Meana Katakia Manager, Capital Projects APPROVAL AS Page 3 of 3 'L*%;w=XCLEPoCALWORDPROCIAORMM ENOWM353583.d= 25K-5 AMENDMENT NO. 3TO COOPERATIVE AGREEMENT NO. C-5-3583 PROJECT SCOPE EXHIBIT B PROJECTSCOPE Modify as follows: 1. ADD THIRD PARAGRAPH TO PARAGRAPH 10.2 PERMITS, AS FOLLOWS: 10.2 PERMITS By executing this Agreement, the CITY agrees to use Its best efforts to facilitate all necessary authority, permission, and permits to enable the AUTHORITY to construct the Project as set forth herein. The CITY and the AUTHORITY acknowledge that the intent of this Agreement is to incorporate the majority of the CITY's requirements with respect to the permit the AUTHORITY must obtain to construct the Project However, before the AUTHORITY begins construction, the AUTHORITY shall apply for and the CITY agrees to not unreasonably withhold such pernit(s). The AUTHORITY, and/or its Construction Contractor(s), shall not be charged for the CITY's fixed cost permit issuance fees for building and street work permits deemed necessary for the Project. AUTHORITY and CITY desire to move forward with the project's construction activities without delay. The CITY agrees to Issue all design and construction permits required for the Maintenance and Storage Facility site prior to completion of the lot consolidation process. AUTHORITY will be required to consolidate the five separate parcels in compliance with all CITY requirements, however CITY agrees the consolidation process shall not be completed until AUTHORITY obtains fee title of the three privately owned parcels. Once the fee titles for the Maintenance and Storage Facility properties are transferred to AUTHORITY, the AUTHORITY will finalize the lot consolidation process In accordance with CITY requirements. The CITY will issue the grading and building permits to meet construction schedule milestones and related activities. 29K-6