HomeMy WebLinkAbout25C - SANTA ANA BLVD GRADE SEPARATION STUDYREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 21, 2009
TITLE
COOPERATIVE AGREEMENT WITH OCTA TO
DEVELOP THE SARTC MASTER SITE PLAN
AND TO CONDUCT THE SANTA ANA
BOULEVARD GRADE SEPARATION STUDY
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
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 develop the Santa Ana Regional
Transportation Center (SARTC) Master Site Plan and to conduct the Santa
Ana Boulevard Grade Separation Study.
DISCUSSION
On February 17, 2009, Council authorized staff to submit an application
for funding under the Renewed Measure M Project T program to convert
Metrolink stations into region gateways that connect Orange County with
planned future high-speed rail systems. The City's funding application
for $3 million in Project T revenue was for the initial planning and
conceptual engineering phase for the SARTC Master Site Plan and grade
separation of Santa Ana Boulevard.
On March 23, 2009, the OCTA Board approved Santa Ana's funding request
for $3 million comprised of $2,660,000 million in Regional Surface
Transportation Program funding and $340,000 million in M1 Transit
Revenue. Alternative funding sources were used to fund the requests of
the cities of Fullerton, Irvine, and Santa Ana because the OCTA Board
voted to fund the full Anaheim project application using Project T
funding.
The scope of work for the each project is as follows:
25C-1
Cooperative Agreement For SARTC Master Plan and Santa Ana
Boulevard Grade Separation Study
September 21, 2009
Page 2
SARTC Master Site Plan
• Environmental evaluation
• Space needs study
• On and off site parking requirements
• Station area study for different transit modes
• Maintenance facility for fixed guideway (modern streetcar)
• Circulation study for buses and vehicles
• Integration of land use and transportation (TOD development)
• Pedestrian access and circulation
• Fly away destination and ZIP car rental facility studies
Santa Ana Boulevard Grade Separation Study
• Environmental evaluation
• Alignment study
• Preliminary engineering
• Right-of-Way impacts/cost estimates
Detour routing for vehicles and trains during construction
• Access to SARTC, business and downtown during construction
Staff will be releasing two separate Request for Proposals (RFP) in mid
October 2flfl9, one for the SARTC Master Site Plan and the other for the
Santa Ana Boulevard Grade Separation Study. Both are expected to be
completed within 24 months.
The cooperative agreement with OCTA states that Santa Ana will be the
lead agency and clarifies the roles and responsibilities of both
agencies. The agreement also stipulates that OCTA is committed to
funding this phase of the projects including planning, preliminary
engineering and environmental evaluation.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
`__
eorge arez
Acting Executive Director
Public Works Agency
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COOPERATIVE AGREEMENT NO. C-9-XXXX
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
SANTA ANA REGIONAL TRANSPORTATION CENTER EXPANSION
THIS AGREEMENT is effective this day of 2009, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to
as "AUTHORITY"), and the City of Santa Ana, 20 Civic Center Plaza, M-21, California 92702, a
municipal corporation (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and the CITY desire to enter into a Cooperative Agreement to
define the roles and responsibilities related to funding between the AUTHORITY and CITY for the
planning and preliminary engineering work associated with the proposed expansion of the Santa
Ana Regional Transportation Center; (hereinafter referred to as "PROJECT"); and
WHEREAS, CITY is an eligible recipient of Federal funding under the Regional
Transportation Surface Program (RSTP) and the PROJECT is eligible for RSTP funding; and
WHEREAS, the AUTHORITY's Board of Directors, on April 27, 2009, approved funding
providing $2,660,000 of RSTP funds and $340,000 of M1 Transit Funds for a total of $3,000,000;
and
WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway
Administration (FHWA) authorization is required following the AUTHORITY's amendment to the
Regional Transportation Improvement Program (RTIP), and in order to proceed or commence each
phase of PROJECT for performance under this Agreement; and
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25C-3
AGREEMENT NO. C-9-0605
~ WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible,
2 Efficient Transportation Equity Act - A Legacy for Users which provides the RSTP funding and was
3 passed by the federal government in 2005 will expire in September of 2009 and that RSTP funding
a for the PROJECT is contingent on funding being available through this Act and the PROJECT
5 maintaining its eligibility for this funding; and
6 WHEREAS, AUTHORITY and CITY agree that the CITY is the direct recipient for RSTP
~ funds through Caltrans; and
s WHEREAS, CITY and AUTHORITY agree that the total full funding for this phase of the
v PROJECT including planning, preliminary engineering and environmental clearance shall be Three
~o Million Dollars ($3,000,000) in accordance with the funding schedule shown as Exhibit 1, which is
i~ attached herein and incorporated by reference; and
~i WHEREAS, CITY agrees to act as lead agency for planning, preliminary engineering and
~3 environmental clearance of said PROJECT; and
~a WHEREAS, this Cooperative Agreement defines the specific terms and conditions and
~s funding responsibilities between AUTHORITY and CITY for completion of the PROJECT.
~6 WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on
i~ September XX, 2009; and
is NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
iv follows:
Za ARTICLE 1. COMPLETE AGREEMENT
2~ A. This Agreement, including any exhibits and documents incorporated herein and made
2z applicable by reference, constitute the complete and exclusive statement of the terms and conditions
23 of this Agreement between AUTHORITY and CITY concerning funding of PROJECT. The above-
Za referenced Recitals are true and correct and are incorporated by reference herein.
zs B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
z6 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
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25C-4
AGREEMENT NO. C-9-0605
1 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
z and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
3 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
4 in writing by an authorized representative of AUTHORITY by way of a written amendment to this
s Agreement and issued in accordance with the provisions of this Agreement.
6 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
~ AUTHORITY agrees to the following responsibilities for PROJECT:
s A. AUTHORITY shall formally request on behalf of the CITY that the Southern California
9 Association of Governments (SCAG) amend the Regional Transportation Improvement Program (RTIP)
to to program $2,660,000 dollars in accordance with the funding plan and schedule outlined in Exhibit 1,
11 whereby AUTHORITY's performance under this Agreement is contingent upon SCAG and FHWA
lz approval.
13 B. AUTHORITY shall provide assistance to CITY in securing the RSTP funds.
14
C. AUTHORITY shall not be obligated to program any amount beyond what has been
15
identified in this Article.
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D. AUTHORITY shall process any required RTIP amendments.
17
18 E. AUTHORITY shall provide $340,000 in Measure M Transit funds to serve as local
matching funding.
19
ARTICLE 3 RESPONSIBILITIES OF CITY
20 CITY agrees to the following responsibilities for PROJECT:
it A. CITY will act as the lead in developing a Santa Ana Regional Transportation Center
zz (SARTC) Master Plan and processing a Project Study Report for the Santa Ana Grade Separation
Za Project. The scope of work for each project is as follows:
Za SARTC Master Plan: environmental evaluation, space needs study, on and off site parking
Zs requirements, station area study for different transit modes, maintenance facility for fixed guideway,
26 circulation study for buses and vehicles, integration of land use and transportation (TOD
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AGREEMENT NO. C-9-0605
t development), pedestrian access and circulation, Fly away destination and ZIP car rental facility
2 studies.
3 Santa Ana Grade Separation: environmental evaluation, alignment study, preliminary
a engineering, right-of -way impacts/ cost estimates, detour routing for vehicles and trains during
s construction, access to SARTC, business and downtown during construction.
6 A. CITY is responsible for preparing and submitting all necessary Caltrans required
~ documentation.
s B. CITY is responsible for completing the PROJECT in accordance with the funding
v schedule (Exhibit 1), timely use of funds requirements, and to abide by all RSTP programming
~o guidelines and any and all other requirements of the federal, state, and Caltrans related to the
>> RSTP.
~i D. CITY is responsible for immediately notifying the AUTHORITY in writing of any
~a changes to the PROJECT schedule that would jeopardize funding of the PROJECT.
~a E. CITY agrees that the overall budget for this phase of the PROJECT is a not-to-
~s exceed amount of Three Million Dollars ($3,000,000); contingent on full funding from reauthorization
~6 or extension of SAFETLU.
F. CITY agrees that any cost overruns shall be the responsibility of the CITY.
~s G. CITY will submit periodic invoices to the California Department of Transportation.
~v In addition, CITY shall submit final invoices to the U.S. Department of Transportation within 180
io days of PROJECT's completion and request the due RSTP funds.
2~ H. In addition to meeting the requirements of Article 3, paragraph D, City will submit
Zz semi-annual report for the period of January 1 through June 30 due on July 31 of each year and for
i3 the period of July 1 through December 31 due on January 31 of each year to AUTHORITY providing
ia summary information that includes brief summary of overall project progress, project schedule and
zs adherence or deviations, project budget by phase and by source, funds spent by source and RSTP
26 funds reimbursed through Caltrans.
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AGREEMENT NO. C-9-0605
~ I. CITY will comply with all federal, state and local laws and regulations.
2 J. CITY agrees to comply with all Federal Highway Administration third party
a contracting laws and regulations pursuant to including but not limited to federal, state, and local
a laws, and shall include all laws and regulations in any PROJECT related contract entered into by the
s CITY.
6 K. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
~ employees and agents from and against any and all claims (including attorney's fees and reasonable
s expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
9 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
~o negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents in
~ ~ connection with or arising out of the performance of this Agreement.
12 ARTICLE 4. DELEGATED AUTHORITY
13 The actions required to be taken by CITY in the implementation of this Agreement are
14 delegated to its Director of Public Works or his designee and the actions required to be taken by
15 AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Officer.
16 ARTICLE 5. AUDIT AND INSPECTION
~~ CITY shall maintain a complete set of records in accordance with generally accepted
is accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of
19 AUTHORITY to inspect and audit all work, materials, payroll, books, accounts and other data and
20 records of CITY for a period of four (4) years after final payment, or until any on-going audit is
21 completed. AUTHORITY shall also have the right to reproduce any such books, records and
22 accounts. Contracts with CITY's contractors shall include the above provision with respect to audits.
23 ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED:
2a All parties agree to the following mutual responsibilities regarding PROJECT:
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A. This Agreement shall continue in full force and effect through final acceptance of
PROJECT by AUTHORITY or PROJECT close out date of December, 30 2011, or whichever is
later. This Agreement may only be extended upon mutual agreement by both parties.
B. This Agreement may be terminated by either party after giving thirty (30) days written
notice. This Agreement shall not be terminated without mutual agreement of both parties.
C. This Agreement may be amended in writing at any time by the mutual consent of both
parties. No amendment shall have any force or effect unless executed in writing by both parties.
D. The persons executing this Agreement on behalf of the parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said parties and that, by so
executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.
E. All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, 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 and addressed as follows:
To CITY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
P.O. Box 1988 550 South Main Street
P. O. Box 14184
Santa Ana, CA 92702 Orange, CA 92863-1584
Attention: James G. Ross Attention: Venita Todd
Executive Director, Public Works Agency Senior Contract Administrator
cc. David Biondolillo, Project Manager cc: Roger M Lopez
Manager, Local Measure M Programs
Tel: (714) 647-5603 Tel: (714) 560-5427; Fax: (714) 560-5734
Email: dbiondolillo@santa-ana.org Email: vtodd@octa.net
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F. The headings of all sections of this Agreement are inserted solely for the convenience
of reference and are not part of and not intended to govern, limit or aid in the construction or
interpretation of any terms or provision thereof.
G. The provision of this Agreement shall bind and inure to the benefit of each of the
parties hereto and all successors or assigns of the parties hereto.
H. If any term, provision, covenant or condition of this Agreement is held to be invalid,
void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder
to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
I. This Agreement may be executed and delivered in any number of counterparts, each
of which, when executed and delivered shall be deemed an original and all of which together shall
constitute the same agreement. Facsimile signatures will be permitted.
J. Either party shall be excused from performing its obligations under this Agreement
during the time and to the extent that it is prevented from performing by an unforeseeable cause
beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering
of material, products, plants or facilities by the federal, state or local government; national fuel shortage;
or a material act or omission by the other party; when satisfactory evidence of such cause is presented
to the other party, and provided further that such nonperformance is unforeseeable, beyond the control
and is not due to the fault or negligence of the party not performing.
This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-9-0605 to be
executed on the date first above written.
CITY OF SANTA ANA
By:
Miguel Pulido
Mayor
ATTEST:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
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AGREEMENT NO. C-9-0605
Bv:
xxxxxxxxxx
City Clerk
APPROVED AS TO FORM:
xxxxxxxxxxx,
City Attorney
By:
Deputy City Attorney
Dated:
Bv:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
Bv:
Kia Mortazavi
Executive Director, Development
Dated:
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