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HomeMy WebLinkAbout25E - FIXED GUIDEWAY PROJECTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 7, 2012 TITLE APPROVED AMENDMENT TO AGREEMENTS WITH ? As Recommended OCTA FOR STEP 2 AND STEP 3 WORK ? As Amended l't FOR SANTA ANA-GARDEN GROVE El Ordinance on Reading 171 Ordinance on 2 n "d Reading FIXED GUIDEWAY PROJECT (PROJECT ? Implementing Resolution 126766) NON-GENERAL FUND ? Set Public Hearing For_ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an amendment to the cooperative agreements with the Orange County Transportation Authority (OCTA), to reallocate $488,000 in funding from Step 3 Preliminary Engineering to Step 2 Environmental Analysis for the Santa Ana-Garden Grove Fixed Guideway Project (Project), subject to nonsubstantive changes approved by the City Manager and City Attorney. BACKGROUND The Cities of Santa Ana and Garden Grove are working collaboratively with OCTA on the Santa Ana-Garden Grove Fixed Guideway project. Santa Ana and OCTA have entered into two cooperative agreements for development of the Project to define their respective roles and responsibilities. A Step 2 agreement for Environmental Analysis was executed in 2008 for an amount of $5.9 million and a Step 3 agreement for Project Development (Preliminary Engineering) was executed in 2011 for an amount not to exceed $5,541,700, contingent on the project being accepted into FTA's Section 5309 New Starts/Small Starts Program. In early 2010, with the prolonged economic downturn affecting potential local funding sources, OCTA directed the City of Santa Ana to prepare the project for Federal Transit Administration (FTA) Section 5309 New Starts/Small Starts grant funding because the project was considered to be a strong candidate under this program. FTA became actively involved in discussions with OCTA and the cities of Santa Ana and Garden Grove soon thereafter, and project deliverables were revised and refined to satisfy the specific requirements of FTA and submitted to FTA for approval. DISCUSSION In late March, Cordoba Corporation, the City's consultant for Step 2, contacted the City requesting additional funds to complete Step 2. The consultant stated that the process was significantly altered with the decision to prepare the Project to compete for FTA New Starts/Small Starts funding. The involvement of an additional reviewing/approving agency 25E-1 Amendment to Agreements for Step 2 and Step 3 Work for the Fixed Guideway Project May 7, 2012 Page 2 (FTA), in the process has resulted in additional document review cycles, and thus, increased time needed to complete the project, resulting in added costs. Additionally, a major sub- consultant, who was responsible for preparation of the environmental analysis for the project, has been unable to deliver the environmental documents in a timely manner and of a quality acceptable to the City and OCTA. Consequently, on April 16, 2012, the City contacted OCTA regarding the budget shortfall and the additional funds needed to complete Step 2. OCTA and the City are both committed to the successful development and completion of the Fixed Guideway project, and have worked closely to address project issues and to identify potential funding to resolve them. It was determined that the City can request a reallocation of the 10% of Measure M2 Project S funds from the Step 3 Preliminary Engineering, to Step 2 to complete the environmental documents, project management support, and agency coordination. Attached Exhibit 1 shows the current funding for Project Development and the reallocation. This will result in an equivalent shortfall for the Step 3 Preliminary Engineering funding, which will be filled with City funds. Further, if the project does not advance to the next step (Preliminary Engineering Phase), the City will be required to reimburse to OCTA the reallocated funds. Amendment to cooperative agreements is scheduled to be approved by the Transit Committee on May 10, 2012 and subsequently by the OCTA Board on May 14, 2012. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the reallocation from Step 3 ($488,000 in Project S) to Step 2 are available in Measure M2 Street Construction (accounting unit 03217662-66220, project 126766). The City will be required to backfill this amount with City dollars for the completion of Step 3. Exhibit 2 is the detailed funding analysis for Step 2 & Step 3. 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