HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (28) - 2015A-2015-127
17 OCTA MEMORANDUM OF UNDERSTANDING NO. C-5-3295
MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA
FOR SANTA ANA/GARDEN GROVE STREETCAR PROJECT
This MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of
1 2015 (the "Effective Date"), by and between the Orange County
Transportation Authority ("OCTA"), a public corporation of the State of California and the
City of SANTA ANA, a municipal corporation duly organized and existing under the laws
of the State of California ("Santa Ana" or "City"). OCTA and Santa Ana may be
collectively referred to as "Parties" and individually as "Party".
SECTION I RECITALS
WHEREAS, OCTA, in cooperation with the Federal Transit Administration and the City of
Santa Ana, is proposing to design, construct, operate and maintain the Santa Ana/Garden
Grove Streetcar. The Santa Ana/Garden Grove Streetcar refers to the Locally Preferred
Alternative as identified by the Santa Ana City Council on August 5, 2014 and approved
through the certification of the Environmental Impact Report by the Santa Ana City
Council on January 20, 2015 ("Project"). A map of the alignment is included as EXHIBIT
A.
WHEREAS, this MOU defines the understanding of the general terms, conditions and
funding responsibilities between OCTA and the City for the design, right-of-way
acquisition, construction and operations and maintenance of the Project.
WHEREAS, OCTA anticipates Utilizing design-bid-build as the delivery method for the
Project.
WHEREAS, the Parties intend to enter into a Design Agreement and Construction
Agreement to establish the roles, responsibilities and expectations during the design,
construction, start up and testing of the Project.
WHEREAS the Parties intend to enter into a Public Way Use Agreement to establish the
roles, responsibilities and expectations of the Streetcar System operating in the Santa
Ana public way. The Federal Transit Administration requires a grantee to have a
perpetual right to operate in the public way.
WHEREAS the Parties intend to enter into an Operations and Maintenance Agreement
to establish the roles, responsibilities and expectations of each Party for the operations
and maintenance of the Streetcar System and adjacent streets.
WHEREAS, Parties agree to execute a Public Way Use Agreement prior to the
commencement of construction activity for the Project and an Operations and
Maintenance Agreement prior to entering Revenue Service,
I
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A-2015-127
MEMORANDUM OF UNDERSTANDING
ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA
FOR SANTA ANA/GARDEN GROVE STREETCAR PROJECT
This MEMORANDUM OF UNDERSTANDING ("MOU") is made this � I "'r day of
Auu 2015 (the "Effective Date"), by and between the Orange County
Transportation Authority ("OCTA"), a public corporation of the State of California and the
City of SANTA ANA, a municipal corporation duly organized and existing under the laws
of the State of California ("Santa Ana" or "City"). OCTA and Santa Ana may be
collectively referred to as "Parties" and individually as "Party'.
SECTION I RECITALS
WHEREAS, OCTA, in cooperation with the Federal Transit Administration and the City of
Santa Ana, is proposing to design, construct, operate and maintain the Santa Ana/Garden
Grove Streetcar. The Santa Ana/Garden Grove Streetcar refers to the Locally Preferred
Alternative as identified by the Santa Ana City Council on August 5, 2014 and approved
through the certification of the Environmental Impact Report by the Santa Ana City
Council on January 20, 2015 ("Project"). A map of the alignment is included as EXHIBIT
A.
WHEREAS, this MOU defines the understanding of the general terms, conditions and
funding responsibilities between OCTA and the City for the design, right-of-way
acquisition, construction and operations and maintenance of the Project.
WHEREAS, OCTA anticipates utilizing design-bid-build as the delivery method for the
Project.
WHEREAS, the Parties intend to enter into a Design Agreement and Construction
Agreement to establish the roles, responsibilities and expectations during the design,
construction, start up and testing of the Project.
WHEREAS the Parties intend to enter into a Public Way Use Agreement to establish the
roles, responsibilities and expectations of the Streetcar System operating in the Santa
Ana public way. The Federal Transit Administration requires a grantee to have a
perpetual right to operate in the public way.
WHEREAS the Parties intend to enter into an Operations and Maintenance Agreement
to establish the roles, responsibilities and expectations of each Party for the operations
and maintenance of the Streetcar System and adjacent streets.
WHEREAS, Parties agree to execute a Public Way Use Agreement prior to the
commencement of construction activity for the Project and an Operations and
Maintenance Agreement prior to entering Revenue Service,
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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
WHEREAS, the OCTA Board of Directors approved this MOU on the 13th day of July,
2015.
WHEREAS, the City Council approved this MOU on the 7th day of July, 2015.
SECTION 2 DEFINITIONS
The following terms shall have the following meanings:
"Actual Project Cost" means the actual amount of funds expended to design and
construct the Project. Estimated at approximately $250 million in Year of Expenditure
(YOE) - dollars and to be refined at the time of submittal of Project application to
Federal Transit Administration. Actual Project Costs include environmental re-
evaluation reviews and approvals, engineering design, right -of -way, utilities, rolling
stock, systems, track, stations, support facilities, site work, demolition, site
clearance /preparation, construction, construction design support, construction
management, professional services and contingencies. Actual Project Costs do not
include betterments.
2. "Betterment" means any work that is requested by Santa Ana or a third party that is
not required to implement the Project as defined in this MOU, increases Project costs
unnecessarily beyond the minimum standard established by OCTA. Betterments
must i) not be prohibited by a governing state or federal standard ii) not adversely
impact the operation of the Project and iii) not unreasonably delay or interfere with the
Project Schedule.
"Construction Agreement" means the cooperative agreements between the Parties
established to define the roles responsibilities and expectations during the
construction, start up and testing of the Project.
4. "Construction Contractor and Construction Manager Contractor" means the firm(s)
procured by OCTA to construct the project and the firm(s) to provide construction
management services.
5. "Construction Documents" means all work products submitted to OCTA by the Design
Consultant for the design of the Project or bythe Construction Contractor /Construction
Manager for the construction of the Project.
6. "Design Agreement" means the cooperative agreements between the Parties
established to define the roles responsibilities and expectations during the design of
the Project.
7. "Design Consultant" means the firm(s) procured by OCTA to perform preliminary
and /or final design services.
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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
8. "Fare Box Revenue" means all revenue generated through passenger fares collected
through onboard fare boxes, online ticket sales, or through stop ticket vending
machines or any retail outlet.
9. "Maintenance Expenses" includes the costs associated with, but not limited to, long-
term maintenance of vehicles /facilities /systems /supporting infrastructure after the
system has entered revenue service.
10. "Mitigation Monitoring_ and_Reportin _Program" means the program for the
implementation of the mitigation measures adopted for the Project as identified by the
City of Santa Ana in the Revised Environmental Assessment (REA) /Final
Environmental Impact Report (FEIR) approved by the Santa Ana City Council on
January 20, 2015.
11. "Operations and Maintenance Agreement" means the cooperative agreement
between OCTA and Santa Ana establishing the roles, responsibilities, and
expectations with respect to the operations and maintenance of the Streetcar System
once the Streetcar System enters Revenue Service.
12. "Operating Expenses" includes the costs associated with, but not limited to, operations
of vehicles /facilities /systems /supporting infrastructure, preventative maintenance of
vehicles /facilities /systems /supporting infrastructure, ticketing and fare collection,
marketing, administrations and support after the system has entered Revenue
Service.
13. "Parties" means OCTA and the City of Santa Ana.
14. "Project" is defined as the Locally Preferred Alternative identified by the Santa Ana
City Council on August 5, 2014 and approved through the certification of the
Environmental Impact Report by the Santa Ana City Council on January 20, 2015 and
entails the design, construction, start-up and testing of the Project. The Project
becomes the "Streetcar System" upon the initiation of revenue service.
15." Project Assets" mean all assets related to implementation of the Project, including,
vehicles, track, roadway pavement encompassing track, bridges, roadway crossings,
stations, maintenance facility, systems and supporting infrastructure.
16. "Public Way Use Agreement" means the cooperative agreement between OCTA and
Santa Ana for the use of the public rights of way for the portions of the Streetcar
System within the public rights of way.
17. "Revenue Service" means the streetcar is operational and providing service to the
public as intended.
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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
18. "Site Plan Review" is the process by which City agencies review development project
submittals and identify the requirements and conditions of approval for a development
project.
19. "Start Up and Testing" means the testing of the streetcar infrastructure by operations
personnel in preparation for revenue service.
20. "Streetcar System" is the operating streetcar and all streetcar infrastructure including
the track, the overhead contact system (wires, poles, conduits, and appurtenances),
the traction power system (substations, conduits, controllers, and appurtenances),
streetcar signage, stations or stops (lighting, shelters, and all stop features) and
utilities supporting the streetcar system from point of service.
21 `Total Proiect Cost" means the Actual Project Cost plus the cost of Betterments.
22. "Work Plan" is defined as that document which the Parties agree is the scope of non -
duplicative work and services performed by City staff to be funded by OCTA.
SECTION 3 GENERAL
1. This MOU shall be effective upon approval of both Parties, and shall continue in full
force and effect through final acceptance of the Project or June 30, 2020, whichever
is later, unless superseded by subsequent agreements which will control in the event
of conflicting language.
2. OCTA shall be responsible for the delivery of this Project including the design, right -
of -way engineering, right -of -way acquisition and utility relocations, construction, start
up, operations, procurements, management, and administration. If necessary, OCTA
and the City shall cooperate in implementing eminent domain proceedings as
discussed in 6.3.1. Once operational, OCTA is responsible for the ownership,
operations, maintenance, insurance and liability of the Streetcar System.
3. The Parties agree to work in partnership during the implementation of the Project.
4. The Parties shall comply with all applicable laws, statues, ordinances and regulations
of any governmental authority having jurisdiction over the Project.
5. The Parties shall in good faith negotiate the Design Agreement and Construction
Agreement to address the roles, responsibilities, and expectations during the design
and construction phase of the Project. Additionally, the Parties shall in good faith
negotiate a Public Way Use Agreement and Operations and Maintenance Agreement
which shall address OCTA's use of the Santa Ana public way and the Streetcar
System operations and maintenance. Each agreement shall expand on the concepts
outlined and contemplated in this MOU.
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OCTA MEMORANDUM OF UNDERSTANDING NO. C-5-3295
6. OCTA is responsible to meet all of the requirements of the Federal Transit
Administration associated with the funding received, which is anticipated to be New
Starts program funding.
7, Santa Ana shall deliver to OCTA, the completed and approved environmental
document for Project, including all supporting engineering and technical drawings and
reports.
8. Disputes on the terms of this MOU shall be resolved at the lowest possible level. If a
dispute cannot be resolved, it shall be elevated promptly to the next resolution level.
The three levels of dispute resolution shall be at both agency's project manager level
(lowest), executive director level, and Chief Executive Officer/City Manager level
(highest).
SECTION 4 PROJECT MANAGEMENTIADMINISTRATION
1. OCTA shall develop procedures for meetings, project controls, contracts and
procurements, quality, safety, invoicing, reporting, and risk assessments.
2. OCTA shall be responsible for all procurement activities required for the Project.
Santa Ana will have one (1) representative on the consultant selection/evaluation
committee on the following procurements: design services, construction management
and outreach. The Santa Ana representative shall be available for the procurement
activities as scheduled.
OCTA shall conduct a regularly scheduled meeting, weekly or as otherwise agreed to,
to provide a forum with the City to discuss all aspects of the Project.
4, OCTA shall establish a senior level committee focused on the successful delivery of
the Project. The scope of the committee shall be any and all issues that may impact
the Project's budget, schedule, quality, and compliance with the terms and conditions
of this MOU and subsequent agreements. The committee should include, at
minimum, the City Public Works Director as well as OCTA's Executive Director of
Capital Programs.
SECTION 5 FINANCIAL
Mum=
OCTA is responsible for securing and administering all funding, including federal, state,
and local funding, for all phases of the Project.
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OCTA MEMORANDUM OF UNDERSTANDING NOS C -5 -3295
5,2 Project Cost
OCTA is responsible for all Project costs which in sum account for the Actual Project Cost.
OCTA is not responsible for Betterment costs.
OCTA is responsible for the operations and maintenance costs of the Streetcar System
excluding the City's operating contribution as defined in Article 5.3.8.
5.3 Santa Ana Costs
OCTA shall compensate or reimburse Santa Ana, as the case may be for work described
in each of the following cost categories. The Parties agree that a Work Plan will be
developed for each of these cost categories in the subsequent Design Agreement and
Construction Agreement with the exception of Section 5.3.1 and 5.3.8. Section 5.3.1
defines an interim Work Plan and Section 5.3.8 will be developed in the Operations and
Maintenance Agreement
5.3.1 Pre - Design Period Costs
During the period between execution of this MOU and the execution of the Design
Agreement, the City shall track the time and materials expended in providing
Project support. The City will submit a monthly report to OCTA, within two weeks
following the month reported, identifying the work performed and the time and
material costs expended. The City and OCTA shall address the pre - design period
cost reimbursement in the Design Agreement with the understanding that it is the
parties' intent to fully reimburse the City for such costs to the extent permitted by
law.
5.3.2 Administrative and Design Support
OCTA agrees to compensate Santa Ana on a time and materials basis for
Administrative and Design Support for the duration of the Project.
Administrative and Design Support includes, but is not limited to, Santa Ana
administrative staff and design review time spent participating in Project meetings,
design reviews, public outreach efforts, and all other costs incurred related to the
Project. Administrative and Design Support does not include time and materials
related to construction inspection, materials testing, or other costs associated with
construction inspection and/or monitoring, eminent domain proceedings support,
environmental document updates, hazardous waste restitution, and /or operations
and maintenance costs.
5.3.3 Right -of -Way Acquisition
OCTA agrees to compensate Santa Ana for Santa Ana staff participation, if any,
in site acquisition or eminent domain proceedings necessary to complete the
Project. The Parties will include specific acquisition responsibilities, obligations
and reimbursement processes in a subsequent agreement as more information
becomes available.
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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
5.3.4 Construction Support
OCTA agrees to compensate Santa Ana on a time and materials basis for
Construction Support for the duration of the Project construction.
Construction Support includes, but is not limited to, construction oversight, traffic
engineering, police services and other related activities. OCTA will provide the
necessary construction inspection and testing services for the Project. However,
the Parties agree that inspection on water main modifications is required to be
performed by the City as steward of the City's potable water supply. The specifics
and details of this inspection will be detailed in the Construction Agreement.
Construction Support shall also include, on a time and materials basis, permit
compliance building inspection and testing related to the Streetcar System
Maintenance and Storage Facility site improvements and any other improvements
requiring building permits.
OCTA and Santa Ana shall cooperate in preparing the scope of work descriptions
for these services. The Parties shall develop a Construction Support Work Plan
during the development of the Construction Agreement.
5.3.5 Building and Street Work Permit Fees and Development Impact Fees
Permit Fees: OCTA, and /or its Contractor(s), shall not be charged for Santa Ana's
fixed -cost permit issuance fees for building and street work permits deemed
necessary for the Project.
OCTA shall pay on a time and materials basis for Planning and Building services
including but not limited to, Site Plan Review and grading, landscape, mechanical,
plumbing, electrical and building plan review costs associated with the issuance of
permits for the Streetcar System Maintenance and Storage Facility site
improvements and any other improvements requiring building permits.
OCTA and its Contractor(s) shall pay on a time and materials basis for construction
oversight costs associated with the issuance of permits for site improvements and
improvements in the public right -of -way related to this project.
In addition, City costs for such services may be compensated through the various
Project agreements as defined in Sections 53.2 and 5.3.4 above.
Development Impact Fees; OCTA shall pay for City - adopted and third party
development impact fees such as water and sewer connections, among others,
which are related to site improvements for individual stations, maintenance
facilities and other similar structures supporting the Project.
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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
5.3.6 Hazardous Waste Restitution
Upon identification of hazardous materials located on Santa Ana owned properties
which materials must be removed or remediated before commencement of the
Project, Santa Ana shall seek restitution for removal of such hazardous materials
and shall reimburse OCTA for Project costs recovered, less Santa Ana's costs
incurred in such restitution recovery efforts.
5.3.7 Environmental Updates
In the event that OCTA deems it necessary to make significant changes to the
Project descriptions as submitted to the Federal Transit Administration or used for
purposes of the Environmental Impact Report, OCTA shall notify Santa Ana of the
reasons for the changes. Santa Ana shall be responsible for supporting and
coordinating with OCTA in cornpleting any additional environmental review
required under State or federal law and OCTA shall reimburse Santa Ana for costs
incurred to make the necessary amendments to the environmental documents.
5.3.8 Operating Costs
Santa Ana shall be responsible for funding 10% of operating costs less Fare Box
Revenue for the Streetcar System. This amount shall be paid to OCTA on an
annual basis. The invoicing and payment process shah be developed jointly and
will be further defined in the Operations and Maintenance Agreement.
5.4 Santa Ana Reimbursements
Santa Ana reimbursements shall be addressed in cooperative agreements. The Parties
shall identify the methods and information to support a valid invoice for reimbursement.
For example, what each invoice shall contain, such as the names, labor pay rates, hours
spent, applicable expenses, and a description of work performed and when it was
performed. Santa Ana shall follow OCTA's expense reimbursement guidelines which at
a minimum must be consistent with federal guidelines and will be detailed in the design
and construction agreements. Santa Ana shall invoice OCTA not less than every two
months for all requested reimbursements.
Legal costs submitted in an invoice associated with condemnation support must include
the written authorization to proceed with condemnation provided by OCTA.
Final cost accounting on Santa Ana reimbursements shall be conducted jointly during
Project closeout.
To request a Betterment, the requesting entity must submit a written justification along
with a cost estimate for OCTA's approval. If approved, the entity requesting the
Betterment shall be responsible for all incremental costs incurred as a result of the
Betterment.
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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
SECTION 6 DESIGN & CONSTRUCTION
This Section is intended to provide general terms and conditions between the Parties for
the design and construction phase of the Project. A Design Agreement and Construction
Agreement shall in good faith be developed between the Parties to define in more detail
the roles, responsibilities, and expectations during the design and construction phase of
the Project. Topics to be addressed in detail in the Design Agreement and Construction
Agreement shall include, but not limited to, the following:
Project Management
• Project Administration
• Schedule
• Reporting
+ Public
Outreach /Relations
• Meetings
• Records
Management
• Procurements
« Project Closeout
Design
«
Design Criteria
•
Design Coordination
•
City Utilities
•
Non -City Utilities
•
Roadways
•
Stations /Stops
•
Landscape /Irrigation
•
Traffic Signals
•
Signage /Striping
•
Traction Power
+
Track
•
Street Lighting
•
Design Reviews
6.1 Design
• Traffic Management:
• AIt in Transit
• Maintenance &
Storage Facility
Construction
•
Construction Phasing
•
Construction Access
•
Street Closures
•
Traffic Management
•
Construction
Coordination
•
Public Notification
•
City Construction
Inspection
•
OCTA Construction
Insp.
•
Construction
Acceptance
•
Permits
•
Safety
•
Quality
Real Estate
• Property Acquisitions
• Right of Way
Engineering
• Legal
Descriptions /Plats
• Property Surveys
• Utility Relocations
• Relocation
Assistance Program
• Property
Management
• Demolition
• Eminent Domain
Proceedings
Startup & Testing
Financial
• Funding
• Budget
• Cost Tracking
• Contingencies
• City Reimbursements
• Betterments
General Provisions
6.1.1 Project Configuration
The exhibits in the MOU showing the configuration of Project are based on the
approved environmental document and may not reflect the final configuration of
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the facilities. The Parties will work together during design to explore other
configuration options that may reduce the impact of Project on adjacent properties,
reduce cost and that may enhance operational efficiencies and safety.
6.1.2 Design Criteria
OCTA will develop design criteria and standards for the Project that are consistent
with City design standards. The Project design criteria shall include the technical
requirements and provisions for the Project and include which standards,
specifications, and other requirements will be adhered to by OCTA's Consultants
and Contractors. Santa Ana shall review and approve design criteria that affects
City owned assets.
6.1.3 Design Review Times
Santa Ana will be provided a 30 -day review period to review the Construction
Documents provided by OCTA for improvements in the public right -of -way. The
30 -day period begins when Santa Ana receives the complete package of
Construction Documents at each design stage.
Santa Ana will be provided a 60 -day review period to review the Construction
Documents provided by OCTA for the Streetcar System Maintenance and Storage
Facility site improvements and any other improvements requiring building permits.
The 60 -day period begins when Santa Ana receives the complete package of
Construction Documents at each design stage. The design of the Project intends
to incorporate an on- going, over - the - shoulder review process.
6.1.4 Meetings
OCTA shall hold regular technical, design, traffic management, public relations,
and various other Project meetings to brief Santa Ana on the status of the Project,
to solicit input, and to provide a forum to discuss and resolve project and local
agency issues.
6.1.5 Traffic Management Plan
OCTA shall prepare a Traffic Management Plan (TMP) for Santa Ana's review and
approval that addresses, to the extent appropriate, construction - related impacts to
Santa Ana's existing street traffic. The TMP will include normal traffic handling
requirements during construction of the Project, including staging, lane closures,
detours, signage, Intelligent Transportation Systems (ITS), and signalization and
will specify requirements for communicating with the public and local agencies
during construction.
Santa Ana shall be responsible for the proper implementation of the agreed upon
portion of the approved TMP provided by OCTA for work within the jurisdictional
boundaries of Santa Ana. Any costs associated with this effort shall be paid as
defined in Section 5.3 of this agreement.
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6.1.6 Art in Transit
OCTA agrees to include an Art in Transit program in the Project. The specifics of
the Art in Transit program will be detailed in the Design Agreement.
6.1.7 Landscaping
OCTA shall meet Santa Ana existing guidelines for landscaping and aesthetics.
Design reviews by Santa Ana shall be the City's opportunity to comment on the
proposed landscape design. Any requests from Santa Ana exceeding established
standards will be deemed a Betterment.
6.1.8 Drainage
OCTA shall mitigate any additional surface storm water drainage needs generated
from the trackway or other impervious areas added by the Project. The mitigation
of additional surface storm water drainage for the Project shall meet the City's
National Pollutant Discharge Elimination System (NPDES) permit standards and
will be subject to the City's storm water management requirements. Upgrades to
existing drainage systems, beyond that needed for the Project, are considered a
Betterment. The Parties agree to review the Project drainage criteria during the
Design Agreement process taking into consideration environmental documents,
design criteria and Project impacts to drainage.
6.1.9 Utilities
Santa Ana shall cooperate with OCTA for the relocation, protection, and
construction of any City -owned utilities and any utilities that are the subject of
franchise agreements approved by Santa Ana. Santa Ana shall review and
approve design criteria that affectthese City owned assets and all costs associated
with their relocation, protection, and construction shall be eligible project
expenditures.
OCTA shall initiate discussions with each public utility to rearrange or relocate its
public utility facilities that may be determined by OCTA and Santa Ana to conflict
with the Project. In the event the public utility fails to agree or fails to make the
rearrangement or relocation in a timely manner, Santa Ana shall exercise, assign
and invoke its rights under any state laws or under any applicable franchise as
requested by OCTA to effectuate such rearrangement or relocation to permit
OCTA to rearrange or relocate the utility in a timely manner. Santa Ana shall
cooperate with OCTA, shall provide assistance to OCTA as needed, and shall join
with OCTA as a party in the prosecution or defense of Santa Ana's and OCTA's
rights under the laws of the State of California to cause such rearrangements or
relocations. OCTA shall underground only those overhead utilities found in conflict
with the proposed Project elements. Additional undergrounding of overhead
utilities, if not in conflict with the Project, shall be considered a Betterment.
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6.2 Construction
621 Hazardous Materials
If OCTA encounters hazardous materials or contamination or protected cultural
resources within the Project's limits during the said investigation or in the course
of construction, OCTA shall notify Santa Ana and responsible control agencies of
such discovery. OCTA shall stop work in the affected area until a qualified
professional evaluates the nature and significance of the find, and a plan is
approved by OCTA for the removal or protection of that material or resource. Cost
of remediation shall be included as an eligible project expenditure in accordance
with this MOU.
6.2.2 Permits
OCTA shall require the Construction Contractor(s) to secure construction permits
from Santa Ana for any work done within the jurisdictional boundaries of Santa
Ana. Santa Ana agrees to issue permits in a timely manner, no more than 30 days
after submittal of permit application. See Section 5.3.5 for permit fees.
6.2.3 Construction Final Acceptance
OCTA shall include Santa Ana in the construction walk- through and punch list
development/closeout. Final as- builts shall be delivered to Santa Ana in an agreed
upon format.
6.2.4 Environmental Monitoring
Pursuant to CEQA Guidelines Section 15097(a), Santa Ana delegates Santa Ana's
reporting and monitoring responsibilities as set forth in the Mitigation Monitoring
and Reporting Program to OCTA, and OCTA accepts the delegation of those
reporting and monitoring responsibilities. Santa Ana shall participate in meetings
related to the Mitigation Monitoring and Reporting Program as needed and receive
regular updates on the progress. OCTA shall provide copies of all environmental
reporting and monitoring reports to Santa Ana to ensure compliance is maintained.
In accordance with CEQA Guidelines Section 15097(a), Santa Ana ultimately
remains responsible for ensuring that the mitigation measures in the Mitigation
Monitoring and Reporting Program are implemented.
6.2.5 Construction Staging Areas
OCTA shall be responsible for selecting construction staging areas. Santa Ana
may identify vacant properties owned by Santa Ana that may be leased by OCTA
for Project storage, staging and office space.
6.2.6 Construction Signage
Construction signage plans shall be developed by OCTA and submitted as part of
the Traffic Management Plan, see Section 6.1.5.
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6.3 Right of Way
63.1 Right of Way Acquisition
OCTA shall be responsible for all Right of Way activities. If necessary, OCTA and
the City shall cooperate in implementing eminent domain. If upon request by
OCTA, the City shall conduct public hearings to hear resolutions of necessity and
agrees to exercise its rights under eminent domain, to assign all of its rights, to join
OCTA in litigation if necessary. The City's compensation for eminent domain
proceedings shall be as defined in Section 5.3.3 above.
6.3.2 Excess Land
The disposition of any excess land as a result of property acquisitions is the
responsibility and at the discretion of OCTA. Any revenues from the disposition of
excess land will be reimbursed to the Project.
6.4 Public Relations
The Parties shall jointly develop and participate in a public awareness campaign (PAC)
that includes business outreach that advises businesses, residents elected officials,
motorists, and media of project status, construction impacts including street detours and
all other construction related information. PAC will take into consideration Santa Ana's
special event schedules. The City's compensation for public relations shall be as defined
in Section 5.3 above.
SECTION 7 PUBLIC WAY USE
This Section is intended to provide an understanding of general terms and conditions
between the Parties for the use of Santa Ana's public way for the Streetcar System. A
Public Way Use Agreement shall in good faith be developed between the Parties to define
in detail the roles, responsibilities, and expectations regarding OCTA's use of Santa Ana's
public way for as long as the Streetcar System is providing service as intended. Topics
to be addressed in detail in the Public Way Use Agreement shall include, but not limited
to, the following:
OCTA Use of Property
• Limits of Use
• As -Built Records
• Future Expansion /Future Work
• Term of Use
• Reference of O &M Agreement
• Termination of Operations
• Duty to Restore
• Indemnification
• Insurance
• Issue Resolution
General Provisions
Streetcar System Map
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7.1 Authorization to Construct
In the event the Public Way Use Agreement is not in place prior to the initiation of
construction activities, OCTA is authorized to advance construction activities, contingent
upon the Santa Ana's approval of design plans and authorization of construction permits.
Santa Ana shall not unreasonably withhold approvals or construction permits if OCTA has
met Santa Ana's existing standards and regulations. Unless related to public safety, the
City's standards shall be those in place at the beginning of design.
SECTION 8 OPERATIONS & MAINTENANCE
This Section is intended to provide an understanding of general terms and conditions
between the Parties for the operations and maintenance of the Streetcar System within
the jurisdiction of Santa Ana. An Operations and Maintenance Agreement shall in good
faith be developed between the Parties to define in detail the roles, responsibilities, and
expectations regarding the operations and maintenance of the Streetcar System and
adjacent Santa Ana facilities for as long as the Streetcar System is providing service as
intended. Topics to be addressed in detail in the Operations and Maintenance Agreement
shall include, but not limited to, the following:
Operations
• System Operations
• Streetcar/Traffic Signal
Coordination
• Adjacent City Facilities
• City Access to Streetcar Track
Area
• Right of Way Permits
• Fire /Life /8afety /Security
Coordination
• Emergency Procedures
• Emergency Drills
• Emergency Access
• Fare Collection
• Special Events
• Displays and Attachments
• Advertising
• OCTA Operating Costs
• City Operating Costs
• Service Agreements
• Fare /Revenue Policies
Maintenance
• Protection of Adjacent Facilities
• Notice and Approvals
• OCTA Maintenance
Responsibilities
• City Maintenance Responsibilities
• Lighting
• Track
• OCS
• Traction Power
• Structures
• Pavement
• Street Lights
• Artwork
• Storm Drainage
• Utilities
• Maintenance Costs
• Service Agreements
Track Access Permit Procedures
• Permit Process
• Training
• Safety
General Conditions
Streetcar SVstem Map
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8.1 Operations
OCTA is responsible for the operations and operational costs for the Streetcar System
with the exception of Santa Ana's contribution as specified in Section 5.3.8 unless stated
otherwise herein.
8.2 Maintenance
OCTA is responsible for all maintenance and maintenance costs for the Streetcar System
unless stated otherwise herein.
Any work performed by Santa Ana on Santa Ana streets where Streetcar System
operates, will be coordinated with OCTA and if feasible will be conducted during non-
operational hours of Project.
SECTION 9 INDEMNIFICATION
A. To the fullest extent permitted by law, the City shall defend (at the City's sole cost and
expense with legal counsel reasonably acceptable to OCTA), indemnify, protect, and
hold harmless OCTA, its officers, directors, employees, contractors and agents
(collectively the "Indemnified Parties "), from and against any and all liabilities, actions,
suits, claims, demands, losses, costs, judgments, arbitration awards, settlements,
damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims "), including but not limited to Claims arising from
injuries to or death of persons (the City's employees included), for damage to
property, including property owned by OCTA, or from any violation of any federal,
state, or local law or ordinance, alleged to be caused by the negligent acts, omissions
or willful misconduct of the City, its officers, directors, employees, contractors or
agents in connection with or arising out of the performance of this Agreement.
B. To the fullest extent permitted by law, OCTA shall defend (at OCTA's sole cost and
expense with legal counsel reasonably acceptable to the City), indemnify, protect,
and hold harmless the City, its officers, directors, employees, contractors and agents
(collectively the "Indemnified Parties "), from and against any and all liabilities, actions,
suits, claims, demands, losses, costs, judgments, arbitration awards, settlements,
damages, demands, orders, penalties, and expenses including legal costs and
attorney fees (collectively "Claims "), including but not limited to Claims arising from
injuries to or death of persons (OCTA's employees included), for damage to property,
including property owned by the City, or from any violation of any federal, state, or
local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
misconduct of OCTA, its officers, directors, employees, contractors or agents in
connection with or arising out of the performance of this Agreement.
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C. The indemnification and defense obligations of this Agreement shall survive its
expiration or termination.
SECTION 10 NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this
MOU, or changes thereto, shall be effected by delivery of said notices in person or by
depositing said notices in the U.S. mail, registered or certified mail, returned receipt
requested, postage prepaid and addressed as follows:
To City:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92701
ATTENTION: Fred Mousavipqur Executive
Director, Public Works
Tel: (714) 647 -5654
Email : fmousavipour(a)santa- ana.or9
Cc: Jason Gabriel, Project Manager
Tel: (714) 647 -5664
Email: igabrielpsanta- ana.org
To OCTA:
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863 -1584
ATTENTION: Lydia Bilynsky
Contracts Administration and
Materials Management
Tel: (714) 560 — 5568
Email: Ibilvnsky(cDocta. net
Cc: Kelly Hart, Project Manager
Tel: (714) 560 -5725
Email: khan octa.net
(This section intentionally blank)
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Us,;
i"�
IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of
Understanding No. C -5 -3295 to be executed on the date first above written.
CITY OF SANTA ANA
ORANGE COUNTY TRANSPORTATION AUTHORITY
BY —_—
By:
David Cavazos
Darrell pmrXbn
City Manager
Chief Ftq&tive Officer
ATTEST:
APPROVED AS TO FORM:
By: / .
James M. Donich
Maria D. Huizar
City Clerk
General Counsel
APPROVED AS TO FORM:
APPROVAL R COMM NDED:
B �
BY:
J' Bell, P.E.
onia R. Cary Iho
City Attorney
xecutive Director, Capital Programs
Date:
Date: 27 7
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