HomeMy WebLinkAbout25C - AGMT - STREETCAR MOUREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 7, 2015
TITLE:
SANTA ANA/GARDEN GROVE
STREETCAR MOU
(NON- GENERAL FUND)
(STRATEGIC PLAN NOS, 3,2C; 3,4131;
6, 1G)
CITY MANAGER 0
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1a' Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager to execute a Memorandum of Understanding between the Orange
County Transportation Authority and the City of Santa Ana, subject to non - substantive changes
approved by the City Manager and the City Attorney, that defines the understanding of the
general terms, conditions, and funding responsibilities for the design, right -of -way acquisition,
construction, and operations and maintenance of the Santa Ana /Garden Grove Streetcar Project.
DISCUSSION
The Orange County Transportation Authority (OCTA) Go Local Program was initiated in 2006 as
a process to provide transportation options which are conceived at the local level. That program
was a partnership between OCTA and local agencies, and the process was anticipated to foster
local transit connectivity and extend the reach of Metrolink. In addition, the process was a
competitive one between local agencies to help identify the best projects for funding
consideration.
The Santa Ana /Garden Grove Streetcar Project was one of two fixed rail projects selected to
proceed to a Feasibility Study, which was completed in 2007. In fall 2009, OCTA and the City
authorized development of an alternatives analysis and a draft environmental impact report
(DEIR). Analysis continued through early 2014 with DEIR release for public comment on May 23,
2014. After a 45 -day review, the public comment period ended on July 7, 2014. The following
milestones have been completed in the last year since the close of the public comment period:
25C -1
Santa Ana /Garden Grove Streetcar MOU
July 7, 2015
Page 2
Action
Approving Agency
Date
Approval / Adoption of Locally Preferred Alternative (LPA)
Santa Ana
08/05/14
Approval of OCTA serving as the lead agency for project
OCTA
08/11/14
development, implementation, operations and
maintenance
Approval of the completion of project milestones
OCTA
09/22/14
(alternatives analysis, draft environmental document and
approval /adoption by Santa Ana City Council of the LPA)
Certification of California Environmental Quality Act
Santa Ana
01/20/15
(CEQA) portion of Revised Environmental
Assessment/Final Environmental Impact Report
(REA/FEIR) and approval of the project
Adoption of LPA
Garden Grove
02/10/15
Submittal of Finding of No Significant Impact ( FONSI) to
OCTA
02/18115
Federal Transit Administration (FTA)
Approval of Project Management Consultant for Santa
OCTA
02/23/15
Ana /Garden Grove Streetcar
Issuance of FONSI
FTA
03/10/15
Approval to enter Santa Ana /Garden Grove Streetcar in
OCTA
05/05/15
FTA New Starts Program
Select Design Consultant for Santa Ana/Garden Grove
OCTA
Anticipated
Streetcar
Fall 2015
Following completion of the environmental document, lead agency responsibilities for the project
have transitioned to OCTA. A copy of the latest OCTA fact sheet for the project is attached as
Exhibit 1.
Staff is currently working with OCTA to review and finalize a Memorandum of Understanding
(MOU), attached as Exhibit 2, which provides details of high -level project roles and
responsibilities by both agencies moving forward. The draft MOU covers a wide range of project
delivery aspects. As is standard practice in large, complex, and multijurisdictional rail projects,
this MOU will serve as the basis for development of subsequent agreements detailing more
specific roles and responsibilities ahead of major project development phases, including design,
25C -2
Santa Ana /Garden Grove Streetcar MOU
July 7, 2015
Page 3
construction, testing, operations, and maintenance. Each follow -up agreement will contain a
Work Plan covering a corresponding project development phase. Some of the key highlights of
the MOU terms are as follows:
General
• OCTA shall be responsible for the design and construction of the project and the
operations, maintenance, and ownership of the Streetcar System once operational.
• More detailed agreements shall be developed to specifically address design and
construction, public way use, and operations and maintenance.
• OCTA shall be responsible for project procurements. City shall have one representative on
the selection /evaluation committee for design services, construction management, and
outreach procurements.
• OCTA Executive Director and the City Public Works Executive Director shall participate on
a senior -level technical steering committee focused on budget, schedule, quality, and
compliance with the terms and conditions of this MOU to ensure successful delivery of the
project.
• OCTA shall be responsible for all right -of -way (ROW) acquisition activities with City
assistance with eminent domain proceedings if needed and requested by OCTA.
• Both OCTA and the City shall develop and participate in a public outreach program for the
project.
• Establish the framework for the implementation of a comprehensive public way use
agreement. The public way use agreement is intended to be in place prior to construction.
• Establish the framework for the implementation of a comprehensive operations and
maintenance agreement. The operations and maintenance agreement is intended to be in
place prior to revenue service.
Financial
• OCTA is responsible for securing and administering project funding.
• The City is responsible for all betterment costs requested by the City.
• OCTA shall reimburse the City, on a time - and - material basis, for administrative, design,
and construction support. The specifics of reimbursements shall be detailed in subsequent
design and construction cooperative agreements.
• OCTA shall reimburse the City for any ROW support associated with eminent domain
proceedings on a time - and - materials basis. ROW support shall be requested and
approved on a case -by -case basis and must be authorized by OCTA in advance.
• OCTA shall reimburse the City for other costs incurred, on a time - and - materials basis, on a
case -by -case basis, and when authorized by OCTA for City support on any hazardous
waste issues or needed environmental clearance updates.
25C -3
Santa Ana /Garden Grove Streetcar MOU
July 7, 2015
Page 4
• During operations, the City shall compensate OCTA 10 percent of operating costs less any
fare box revenue the OCTA collects.
These MOU terms highlight Santa Ana's desire to ensure the project is implemented with the
original intent of the REA/FEIR adopted by the City Council. Additionally, the MOU serves to
ensure that Santa Ana is compensated for staff and consultant time in support of the project.
The draft MOU has been reviewed by staff from both OCTA and the City. It has also received
legal review by both agencies. Following adoption of the MOU by City Council, it will then be
presented to the OCTA Transit Committee on July 9 with the OCTA Board to review and consider
adoption on July 27.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports 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).
Approval of this item supports 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).
Approval of this item also supports the City's efforts to meet 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).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25C -4
Santa Ana /Garden Grove Streetcar MQU
July i, 2015
Page 5
There is no fiscal impact associated with this action.
E*ecutive Director
Public Works Agency
FM /EWG /jg
Exhibits: 1. QCTA Santa Ana /Garden Grove Streetcar Fact Sheet
2. Santa Ana /QCTA Santa Ana /Garden Grove Streetcar MQU
25C -5
25C -6
PROJECT UPDATE AND DESCRIPTION
In cooperation with the cities of Santa Ana and Garden Grove, OCTA will build a streetcar system between the
bustling Santa Ana Regional Transportation Center and a new multimodal hub at Harbor Boulevard/Westminster
Avenue in Garden Grove. Earlier this year, the Orange County Transportation Authority (OCTA) became the lead
agency for project development, engineering, construction, operations, and maintenance of the OC Streetcar Project.
The 4.15 mile locally preferred alternative will provide convenient "last mile" transit connectivity between the Santa
Ana Regional Transportation Center (SARTC), which provides regional rail, OCTA bus, and intercity and international
bus service, through Santa Ana's central business district and Civic Center, and northwest on the disused former path
of the old Pacific Electric streetcar over the Santa Ana river to Garden Grove, where it meets OCTA's busiest bus line
on Harbor Boulevard. It will also serve as a circulator for visitors, employees and residents within the service area and
support economic development and job creation. While the project is significantly funded through Measure M,
Orange County's half -cent sales tax for transportation improvements, OCTA is also pursuing other funding including
Federal Transit Administration New Starts.
ABOUT THE PROJECT AREA
Located in the center of Orange County, California, Santa Ana is the county
seat and the fifth most densely populated city in the United States with a
population of 300,000 or more. The streetcar will serve the historic downtown
of this thriving, energetic city which includes government offices, federal, state
and local courthouses, unique restaurants and shops, an artists'village, several
colleges, and a variety of community enrichment organizations. The selected
alignment will travel along Santa Ana Boulevard and 4th Street. On the way to
Garden Grove's busy International West tourist corridor along Harbor
Boulevard, the streetcar will connect directly with 18 OCTA bus routes,
including the seven busiest routes in the county.
May - July 2014 1 Public circulation of EA/DEIR
January 2015 El certification and LPA adoption
March 2015 Completion of federal environmental clearance
May 2015 FTA acceptance into New Starts Project
Development
May 2015 Design RFP release
Summer 2015 Design award
Fall 2017 Construction
Fall 2019 Operations
EXHIBIT 1
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0 Proposed Stop
Santa Ana Regional
Transportation Center
PRINCIPAL CONTACTS:
Kelly Hart
Program Manager
Capital Programs
Orange County Transportation Authority
(714) 560 -5725
khart@octa.net
Alice T. Rogan
Interim Public Outreach Manager
Orange County Transportation Authority
(714) 560 -5577
arogan @octa.net
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MILES
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0 Proposed Stop
Santa Ana Regional
Transportation Center
PRINCIPAL CONTACTS:
Kelly Hart
Program Manager
Capital Programs
Orange County Transportation Authority
(714) 560 -5725
khart@octa.net
Alice T. Rogan
Interim Public Outreach Manager
Orange County Transportation Authority
(714) 560 -5577
arogan @octa.net
S
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Meh Surfliner to
S So. Diego
San Diego
Study Area E-H-FF LOSSAN Rail Corridor
_ Operations and Maintenance Facility -
For additional information, please refer to ocstreetcar.net.
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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
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 1 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.
EXHIBIT 2
1 25C -9
OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
WHEREAS, the OCTA Board of Directors approved this MOU on _ day of
2015.
WHEREAS, the City Council approved this MOU on day of , 2015.
SECTION 2 DEFINITIONS
The following terms shall have the following meanings:
1. "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.
3. "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 by the 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.
2 25C -10
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 Reporting 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.
3 25C -11
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 Project 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.
4 25C -12
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 MANAGEMENT /ADMINISTRATION
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.
3. 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
5.1 Funding
OCTA is responsible for securing and administering all funding, including federal, state,
and local funding, for all phases of the Project.
5 25C -13
OCTA MEMORANDUM OF UNDERSTANDING NO. 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.
6 25C -14
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 5.3.2 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 completing 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 shall 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.
5.5 Betterments
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
8 25C -16
OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295
Betterment shall be responsible for all incremental costs incurred as a result of the
Betterment.
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
N
• Traffic Management
• Art 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
25C -17
• 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
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
10 25C -18
boundaries of Santa Ana. Any costs associated with this effort shall be paid as
defined in Section 5.3 of this agreement.
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 affect these 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
11 25C -19
undergrounding of overhead utilities, if not in conflict with the Project, shall be
considered a Betterment.
6.2 Construction
6,2.1 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
12 25C -20
Construction signage plans shall be developed by OCTA and submitted as part
of the Traffic Management Plan, see Section 6.1.5.
6.3 Right of Way
6.3.1 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
IN
General Provisions
Streetcar System Map
25C -21
• Indemnification
• Insurance
• Issue Resolution
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
Fare /Revenue Policies
•
System Operations
•
Streetcar /Traffic Signal
Maintenance
Coordination
•
Protection of Adjacent Facilities
•
Adjacent City Facilities
•
Notice and Approvals
•
City Access to Streetcar Track
•
OCTA Maintenance
Area
Responsibilities
•
Right of Way Permits
•
City Maintenance Responsibilities
•
Fire /Life /Safety /Security
•
Lighting
Coordination
•
Track
•
Emergency Procedures
•
OCS
•
Emergency Drills
•
Traction Power
•
Emergency Access
•
Structures
•
Fare Collection
•
Pavement
•
Special Events
•
Street Lights
•
Displays and Attachments
•
Artwork
•
Advertising
•
Storm Drainage
•
OCTA Operating Costs
•
Utilities
•
City Operating Costs
•
Maintenance Costs
•
Service Agreements
•
Service Agreements
14 25C -22
Track Access Permit Procedures
• Permit Process
• Training
• Safety
8.1 Operations
General Conditions
Streetcar System Map
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
15 25C -23
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.
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: To OCTA:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza 550 South Main Street
P.O. Box 1988 P.O. Box 14184
Santa Ana, CA 92701 Orange, CA 92863 -1584
ATTENTION: Fred Mousavipour Executive ATTENTION: Lydia Bilynsky
Director, Public Works Contracts Administration and
Materials Management
Tel: (714) 647 -5654 Tel: (714) 560 — 5568
Email: fmousavipour(a),santa- ana.org Email: Ibilynskva@octa.net
Cc: Jason Gabriel, Project Manager Cc: Kelly Hart, Project Manager
Tel: (714) 647 -5664 Tel: (714) 560 -5725
Email: laabrielt?a Santa- ana.ora Email: khart@octa.net
16 25C -24
(This section intentionally blank)
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 Johnson
City Manager
Chief Executive Officer
ATTEST:
APPROVED AS TO FORM:
By:
By:
Maria D. Huizer
James M. Donich
City Clerk
General Counsel
APPROVED AS TO FORM:
APPROVAL RECOMMENDED:
By
By' __
Sonia R. Carvalho
Jim Bell, P.E.
City Attorney
Executive Director, Capital Programs
Date:
Date:
17
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