HomeMy WebLinkAbout25C - FIXED GUIDEWAY SYSTEM
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 2, 2008
TITLE
COOPERATIVE AGREEMENT WITH
OCTA TO CONDUCT DETAILED
PLANNING AND ENVIRONMENTAL
STUDIES TO CONSTRUCT AND
OPERATE A FIXED GUIDEWAY
SY TEM -,
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the
attached cooperative agreement with the Orange County Transportation
Authority (OCTA) subject to non-substantive changes approved by the City
Manager and City Attorney to conduct detailed planning and environmental
studies to construct and operate a fixed guideway system linking the
Santa Ana Regional Transportation Center (SARTC) to Harbor Boulevard in
the City of Garden Grove, which includes the use of the Pacific Electric
Right-of-Way (PE ROW) .
DISCUSSION
Orange County's Measure M provides a long-term funding source to address
transportation deficiencies and improve transportation throughout Orange
County. Measure M funds will provide funding for the Orange County
Transportation Authority (OCTA) to increase service on the existing
Metrolink commuter rail line in Orange County, between the Laguna
Niguel/Mission Viejo and Fullerton Stations to every 30 minutes in 2010
by making Metrolink more convenient and accessible to users. To extend
Metrolink's reach, support expanded service, and promote ridership, aCTA
has developed the Go Local Program to encourage Orange County Cities to
develop concepts to improve access to Metrolink Stations.
City staff retained the consulting firms of Parsons Brinckerhoff (PB)
and Cordova Corporation to assist us with a grant application and to
conduct preplanning Metrolink feeder studies to complete the Go Local
Program Step 1 requirements. As a result of the Step 1 analysis, the
Cities of Santa Ana and Garden Grove have developed a vision for
transit, improved highway access, and economic development in the two
25C-1
Cooperative Agreement For Fixed Guideway
September 2, 2008
Page 3
FISCAL IMPACT
Funds are available for Santa Ana's share in the amount $50,000 in
project no. 06-2502 (account no. 32-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
)
~~'\'\~~~ \ \\A~ ~ r6
Francisco Gutierrez ~
Executive Director
Finance & Mgmt. Services Agency
James G. Ross
Executive Director
Public Works Agency
25C-2
1 COOPERATIVE AGREEMENT NO. C-8-XXXX
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF SANTA ANA
6 FOR
7 CITY OF SANTA ANA FIXED GUID.EWAY PROJECT
8 THIS AGREEMENT, is made and entered ir;l~qthis _day of I 2008, by and
9 between the Orange County Transportation Au~ority, 550 Sou~n Main Street, Box 14184,
10 Orange, California 92863-1584, a public corporatiqll.of!~n~: State of California (hereinafter
11 referred to as "AUTHORITY"), and tn~I:Gi~y of Santa Ar;l~~20 Civic Center Plaza, Santa Ana,
12 California 92701, a municipal corporatfdn(her~irlqffer referreq as "CITY").
13 RECITALS:
14 WHEREAS, theq'ty Sa:t!1ta Ana Fixeq Guideway (hereinafter, "SANTA ANA
15 GUIDEWAY") propdijes to constrt.l~~and oper~te a fixed guideway system linking the Santa
16 Ana Regional Transporlt~~jon q~J'l~er: H<;\rl;>or Boulevard in the City of Garden Grove which
17 includes the PadifiqFJectric Right-dfLWay; and
18 WHEREAS, .~ANTA:ANA GUIDEWAY was approved in concept by the Santa Ana
19 City Counc.il on March 3, 2QQ8 as afi~ed guideway system; and
20 WHEREAS, necessq[rrysteps in securing federal and state funding for the SANTA ANA
21 GUIDEWAY wd4l<t inc".~de meeting environmental compliance through the National
22 Environmental Policy Act (hereinafter, "NEPA") and the California Environmental Quality
23 Action (hereinafter, "CEQA"); and
24 WHEREAS, the CITY and the AUTHORITY have agreed that an Alternatives Analysis
25 shall be prepared for the SANTA ANA GUIDEWAY; and
26
Page 1 of 10
25C-3
AGREEMENT NO. C-8-XXXX
1 WHEREAS, the Alternatives Analysis, NEPA compliance, CEQA compliance, and
2 associated detailed planning, project management and conceptual engineering for the SANTA
3 ANA GUIDEWAY shall be referred to as PROJECT for the purposes of this Cooperative
4 Agreement; and
5 WHEREAS, this Cooperative Agreement (hereinafter1:A'~(jREEMENT") defines the
6 specific terms, conditions, and roles and responsibilities bf3~~errjIJJr\f3 AUTHORITY and CITY
7 for completion of the PROJECT; and
8 WHEREAS, the AUTHORITY and CITY f3~~inlate the PROJECTsO~n cost up to Six
9 Million ($6,000,000) for Alternatives Analysis ah~INEPA andg;;QA environment~l!compliance
10 including associated detailed planning and conceptualllf311g!~;~ering; and
11 WHEREAS, for purposes of th'~IIA<9l~EEMENT, Alt~~natives Analysis shall be defined,
12 consistent with the guidelines adopted bY:tre Feder<al Transit,lS.mministration,as the local forum
13 for evaluating the costs,ber;lefits, andioopacts!lI~f lalll"apge of transportation alternatives
14 designed to address rQ()bility plroplems andlQther locally-identified objectives in a defined
15 transportation corriqor, and for de~f3rmining wnich particular investment strategy should be
16 advanced for more focus~ stLJdyal1d qf3'{~'()pment; and
17 WH&;REAS,thf3 AUTIH~.RITY's Board of Directors on May 12, 2008 authorized funding
18 fromi~hEVGo Local program in ani~mount not to exceed Five Million, Nine Hundred Thousand
19 Dollars($p,900,000) to be matched by One Hundred Thousand Dollars ($100,000) of CITY
20 funds for the PROJECT; and
21 WHEREAS, the, ;AUTHORITY will reimburse the CITY for actual costs of the
22 PROJECT consistent with AUTHORITY approval of the following milestones: (hereinafter,
23 "PROJECT MILESTONES") completion of the Alternatives Analysis, including technical
24 studies, approval and adoption of the Locally Preferred Alternative by CITY Council, and
25 completion of draft environmental documents; and (The WHEREAS clauses are not legally
26 binding, just provide a general overview of agreement- changes regarding monthly progress
Page 2 of 10
25C-4
AGREEMENT NO. C-8-XXXX
1 pay not needed as the issue is addressed as part of the legally-binding responsibilities of
2 Authority. )
3 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY
4 as follows:
5 ARTICLE 1. COMPLETE AGREEMENT
6 AGREEMENT, including all exhibits and documer;l~~H!tW;qrn()rated herein and made
7 applicable by reference, constitutes the complete andri~xclusive stat~ment of the terms and
8 conditions of the Agreement between AUTHORII!(!~nd CITY concerning PROJECT and
9 supersedes all prior representations, unders~ar;lpings, andr.communicationsbetween the
10 parties. The above-referenced Recitals are true and ~nd are incorporated by reference
11 herein.
12 ARTICLE 2. RESPONSIBILlTESOFAUTtlORITY
13 AUTHORITY agreesM>U;t.e following,r~spoq~ibiflfiesiforthe PROJECT:
14 A. To aPFm~ve' scoP~~iI.scheduleiiand budget proposed by CITY for each
15 PROJECT MILES1l0NE within 30iQflYS by AU11t-fORITY staff.
16 B. To reimbun)~Clm)C'm()hthIY to'an amount not-to-exceed Five Million, Nine
17 Hundred ThousandiJDoUars'($p.,.900,000) for actual eligible costs for the PROJECT consistent
18 withP~OJECT MILESTONE apprqval.
19 C; To approve each PROJECT MILESTONE prior to CITY's advancement to
20 subsequentfRROJECT MILESTONE. Approval will be subject to action by AUTHORITY
21 Board of Directors and anticipated to require 30-60 days. Upon CITY's completion of
22 PROJECT, evaluate the Alternatives Analysis, including technical studies, and draft EIR/EA
23 in anticipation of CITY's request for advancement into Step Three of the Go Local Program.
24 D. To reimburse for actual eligible costs upon AUTHORITY approval of PROJECT
25 MILESTONES including consultant contracts and project management oversight (including
26 consultant contracts and/or CITY staff)up to 15 percent of actual expenditures
Page 3 of 10
25C-5
AGREEMENT NO. C-8-XXXX
1
E.
To participate in PROJECT team meetings and review and comment on
2 Alternatives Analysis, environmental documents, and detailed planning and conceptual
3 engineering prepared by CITY within two weeks of receiving such documents.
4
F.
To pay CITY in a timely manner upon receipt of an a<(<(eptable invoice for costs
5 for the PROJECT.
6
G.
To work cooperatively with CITY to amend.;potH
for the PROJECT.
7
Plan and the Regional Transportation Improvement PrQ~lm~rh as
8
H.
:.'ir,
AUTHORITY shall indemnify, deferHjiOand hold harmlessHDITY, its officers,
9 directors, employees, and agents from and agcHhst any anqHRII claims (inclUding attorney's
10 fees and reasonable expenses for litigation or seftl~me~t)i'f6r any loss or damages, bodily
11 injuries, including death, damage toqr,I()~&, of use of pr()p~rty caused by the negligent acts,
12 omissions, or willful misconduct by AUn-lORITY;:it~iRfficers,d!jnE}c;tors, employees, or agents in
13 connection with or arising R~~ Rf,the perforrrl~nceo~i~t1is.4lgrE}~rnent.
14 ARTICLE 3. AU.DIT ANDrlNiSPECTION
15 CITY shall rh~jmain a complE}te set of r~rds in accordance with generally accepted
16 accounting principles andUn acqqrdanC~!Wi~t1LocaITransportation Ordinance Number 2: The
17 Revised,1Iraffic lrnprqy.emenqirand Growth Management Ordinance. The original records shall
18
be maintained within
CITY/limits. Upon reasonable notice, CITY shall permit the
19 authorized representatives RUhe AUTHORITY to inspect and audit all work, materials, payroll,
20 books, accoun1~and other qata and records of CITY for a period of not less than four (4) years
21 after final paymerit,or untilrany on-going audit is completed whichever is longer. For purposes
22 of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment
23 for CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall also
24 have the right to reproduce any documents related to this Agreement by whatever means
25 necessary.
26 ARTICLE 4. RESPONSIBILITIES OF CITY
Page 4 of 10
25C-6
AGREEMENT NO. C-8-XXXX
1
2
CITY agrees to the following responsibilities for the PROJECT:
A.
To act as the lead agency for the PROJECT and to ensure compliance with all
3 terms and conditions set forth in any applicable policies including, but not limited to, the
4
Alternatives Analysis, the National Environmental Protection Act
California Environmental Quality Act (CEQA), including
6 conceptual engineering.
and the State of
5
detailed planning and
7
To provide eligible local matching
B.
One Hundred Thousand Dollars
of AUTHORTY lreimbursement, and
costs exceed Sixr MiI.lion Dollars
8
($100,000) for the PROJECT to be expended in
to provide all the additional local funds if the
9
10 ($6,000,000).
11
12
C.
D.
To act as lead agency tQ;~~r<f;4re consultant services to prepare the PROJECT.
To be responsible for the~eview~~doversight
third party preparation and
14
13 submission of documents related to the PROJECT!
E.
..
To evaluat~a minimum of foufrPlternatives for the PROJECT including a bus
15 I only system operat~qlin a dedicat~ transit la~~; a rail only system operated in a dedicated
16 transit lane, a bus onIY$ystemoperat~i~lg~l1eral purpose lanes and a rail system operated
17 in generClllp~rpose l.~r;l~s cori~~~~ent with AUTHORITY-approved Go Local Program criteria.
18
F.
To obtainalllrequireq reviews, clearances, permits, licenses, and approvals from
19 all appli~ble agencies for thel PROJECT.
20
G.
To consider pdt~ntial requirements imposed by the Public Utilities Commission in
22
21 PROJECT development.
H.
To provide monthly updates to the AUTHORITY on status of PROJECT
23 development, including project overview, detailed planning, alternatives analysis,
24 environmental analysis, public outreach, schedule and anticipated activities for the following
25 month. Report must be submitted within thirty (30) days of end of month in a format approved
26 by the AUTHORITY.
Page 5 of 10
25C-7
AGREEMENT NO. C-8-XXXX
1 I. To conduct regular PROJECT development team meetings and notify OCTA of
2 such meetings.
3 J. To submit PROJECT MILESTONES to AUTHORITY for approval to advance
4 into subsequent PROJECT MILESTONE.
5 K. To submit to AUTHORITY for approval PROJE~J::t?1ILESTONE scope,
6 schedule and budget.
7 L. To cooperate fully with AUTHORITY and its repre~~ntatives during the
8 PROJECT.
9 M. Invoices for all work performed o~I!~~OJECT ~mill be submitted CITY on a
10 monthly basis and shall be submitted in duplicat~Uor!AUTHORITY's Accounts Payable
11 department. Each CITY invoice shall i~r~LJdethe followinglifilformation:
12 1. Agreement Number C-
13 2. The time perioqyovered by
'14 3. MonthIY~~9gress.Rej:>ort, includes a detailed description of the progress
, 15 ofth(H?ROJECT;
16 4. Total mont~:lyinyoi~eamoLJrllt;cmd
17 Such9ther infb@ption as requested by AUTHORITY.
18 If CITY Gqr;ltractslfor consultant services to perform any or all portion of
19 PROJECT then CITY shallpe responsible for payment to consultant for services rendered and
20 then seek reil11bursement f~dm AUTHORITY as part of this AGREEMENT. CITY shall be
21 responsible for reviewing/consultant's invoice for accuracy, terms, and completeness.
22 O. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers,
23 directors, employees, and agents from and against any and all claims (including attorney's
24 fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily
25 injuries, including death, damage to or loss of use of property caused by the negligent acts,
26
Page 6 of 10
25C-8
AGREEMENT NO. C-8-XXXX
1 omissions, or willful misconduct by CITY, its officers, directors, employees, or agents in
2 connection with or arising out of the performance of this Agreement.
3 ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED:
4 All parties agree to the following mutual responsibilities regardir;lg PROJECT:
5 A. This Agreement shall continue in full force and eff~~:tHrbugh acceptance of final
6 Alternatives Analysis, and draft final NEPA, and CEQA;dqctJrl'lents, including associated
7 detailed planning and conceptual engineering of PROJECT by AU1rHlQRITY or 24 months
8 from the effective date of this Agreement, which~'r1~n;is sooner. This Agre$rnent may only be
9 extended upon written mutual agreement by bdthparties.
10
B.
This Agreement may be terminated bygjving
party 30 days written notice.
11 This Agreement shall not be terminateqlWithout mutual agt~~ment of both parties.
12 C. This Agreement may be ah;1~n(fed ~riting at a~}f~ime by the mutual consent of
13 both parties. No amendmer;lll5hall have ar;ly,forc~lqr:eff~t;lJnless executed in writing by both
14 parties.
15
D.
Thep~rsons executilJig this Agreement on behalf of the parties hereto warrant
16 that they are duly author~~edtqt$xecut$this(tft.greerhent on behalf of said parties and that, by
17 so executingthh~::Agr~ementL~he parties hereto are formally bound to the provisions of this
18 Agreement.
19
E.
All notices h~reunder'and communications regarding the interpretation of the
20 terms of thistft.greement, ort~hanges thereto, shall be effected by delivery of said notices in
21 person or by depositir;lg said notices in the U.S. mail, registered, or certified mail and
22 addressed as follows:
23
To CITY:
To AUTHORITY:
24
Executive Director
Orange County Transportation Authority
25
Public Works Agency
26
Page 7 of 10
25C-9
1
2
3
4
5
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7
8
9
10 F. The headings of all sections of i.f\g~~~qlent are inserted solely for the
11 convenience of reference and are notip~nof and noti~tepded to govern, limit, or aid in the
12 construction or interpretation of any terrlt1~or thereofl
13 G. The provision pfthis Agreement shall inure to the benefit of each of the
14 parties hereto and all sUGqessOrsiqrassignsof~eparties hereto.
15 H. If anYiit~rm, provisip~,.i covenant,iibr condition of this Agreement is held to be
16 invalid, void or otherwis~LJner;lforceab'l~moaI1Y e~ent, by any court of competent jurisdiction,
17 the remail1P~ntb ~his AgreerJ'lent shall not be affected thereby, and each term, provision,
18 covenant or condition this Agreement shall be valid and enforceable to the fullest extent
19 permitted by law.
20 I. T~.is Agreement may be executed and delivered in any number of counterparts,
21 each of which,wh~11 execUted and delivered shall be deemed an original and all of which
22 together shall constitLJ~~the same agreement. Facsimile signatures will be permitted.
23 J. Neither this Agreement, nor any of a Party's rights, obligations, duties, or
24 authority hereunder may be assigned in whole or in part by either Party without the prior
25 written consent of the other Party. Any such attempt of assignment shall be deemed void and
26 of no force and effect. Consent to one assignment shall not be deemed consent to any
Page 8 of 10
AGREEMENT NO. C-8-XXXX
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702-1988
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: James G. Ross
Attention:
25C-1 0
AGREEMENT NO. C-8-XXXX
1 subsequent assignment, nor the waiver of any right to consent to such subsequent
2 assignment.
3
Either party shall be excused from performing its obligations under this
K.
4 Agreement during the time and to the extent that it is preventeqt, from performing by an
Ii
5 unforeseeable cause beyond its control, including but not limiteq tQtlany incidence of fire, flood,
6 acts of God, commandeering of material, products, plants faCilities by the federal, state or
7 local government, national fuel shortage, or a material omissioribythe other party, when
8
satisfactory evidence of such cause is presented
other party, and provided further that
9 such nonperformance is unforeseeable, beydnc;J1 the controll:lr;ld is not due the fault or
10 negligence of the party not performing.
11 This Agreement shall be madeeff~q~!ye upon executiQn by both parties.
12 f
13 fiN WITNESS WHEREOF, the panties hereto have caused this Agreement
14
'15
16
17
No, C-8-XXXX to be executed
date first above written.
ORANGE COUNTY TRANSPORTATION
AUTHORITY
By:
CITY OF SANTA ANA
By:
DAVID.N.REAM
Arthur T. Leahy
Chief Executive Officer
18
19
20 ATTEST: APPROVED AS TO FORM
City Mahaqer
21 By: _ By:
22 PATRICIA E. HEAL YClerk of the Council Kennard R. Smart, Jr.
General Counsel
23
24
25
26
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
APPROVAL RECOMMENDED:
By:
City Attorney
Kia MortazaviExecutive Director
Page 9 of 10
25C-11
AGREEMENT NO. C~-XXXX
1
2 By: Dated:
3 Lisa E. Storck
4 Assistant City Attorney
5
6 Dated:
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Page 10 of 10
25C-12