Cooperative Agreement with the City of Santa Ana for the Design Phase of the OC Streetcar Project. Staff Report

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1 ORANGE COUNTY TRANSPORTATION AUTHORITY Cooperative Agreement with the City of Santa Ana for the Design Staff Report

2 March 10, 2016 To: From: Subject: Transit Committee Darrell Johnson, Chief Executive Officer Cooperative Agreement with the City of Santa Ana for the Design Overview The Orange County Transportation Authority is the lead agency for the design, construction, operations, and maintenance of the OC Streetcar project in the cities of Garden Grove and Santa Ana. A cooperative agreement with the City of Santa Ana is required to identify roles and responsibilities, expectations, and commitments, including financial obligations for the design phase of the OC Streetcar project. Recommendation Authorize the Chief Executive Officer to negotiate and execute Cooperative Agreement No. C between the Orange County Transportation Authority and the City of Santa Ana, in the amount of $1,493,469, for design review support and project coordination for the OC Streetcar project for a term beginning August 1, 2015 through completion of final design. Discussion On July 13, 2015, the Orange County Transportation Authority (OCTA) Board of Directors (Board) approved Memorandum of Understanding No. C with the City of Santa Ana (City) for roles and responsibilities for the implementation of the OC Streetcar project (Project). The Board also directed staff to begin development of a design agreement with the City to address specific responsibilities for the design phase of the Project. Per Board direction, staff is seeking Board approval of the design phase agreement with the City. Staff has been negotiating the specific terms and conditions for the design phase of the Project with the City and meeting on Project issues since August A consensus has been reached with the City on the specific terms and conditions which are documented in the draft cooperative agreement (Agreement) for the Orange County Transportation Authority 550 South Main Street / P.O. Box / Orange / California / (714) 560-OCTA (6282)

3 Page 2 design phase of the Project. The Agreement defines each agency s roles, responsibilities, and expectations for the Project. City staff efforts on the Project primarily relate to the approvals and permits that are required from the City. Ultimately, OCTA will submit plans to the City for review, approval, and permits. The City s efforts on the Project reduce project risk by engaging City staff throughout the design process to ensure the project design is compatible with City infrastructure and requirements. The specific work tasks for City staff include participation in Project meetings, consultant selections, participation with the community in an urban design concept development program for certain urban design elements (stations and traction power substations), public outreach activities led by OCTA, and ongoing participation in the design process through design reviews and discussions. Additional support may be provided by City staff, if necessary, in the areas of environmental document updates or condemnation support for right-of-way (ROW) acquisitions. Some of the key highlights of the Agreement terms are as follows: General The term of the Agreement shall be from August 2015 until design is complete. OCTA shall lead the design of the Project. The Agreement outlines design assumptions related to the Project elements, including, but not limited to, the following: Track Traction Power Substations Stations Utilities Traffic Signals Pavement Streetscape Maintenance and Storage Facility The City shall provide design reviews. The City agrees to grant OCTA rights to use the City ROW for streetcar purposes, as well as City property for three traction power substations. OCTA shall be responsible for all ROW acquisition activities, with City assistance with eminent domain proceedings if needed and requested by OCTA. OCTA shall lead the public outreach program for the Project, with input from the City.

4 Page 3 Financial OCTA is responsible for securing and administering Project funding. Consistent with OCTA s practice on major capital projects, OCTA agrees to compensate the City for its participation on the Project. The City s role will be akin to that of a vendor as opposed to a pass-through grants recipient. A detailed work plan has been developed and serves as the budget estimate for City support reimbursement. The amount is a not-to-exceed obligation; the specific amount reimbursed to the City will be based upon actual work performed by the City. The cost of the City s participation in the Project will be covered as a project cost following federal guidelines. The City is required to submit monthly invoices to OCTA. The City is responsible for all betterment costs requested by the City. A betterment is an element added to the Project by the City that is not needed for the Project. Next Steps The draft Agreement will be advanced to the City Council for review and approval. Staff will return to the Board in Spring 2017 with a separate cooperative agreement with the City defining construction roles and responsibilities. Fiscal Impact Funding for this cooperative agreement can be accommodated in the OCTA Fiscal Year Budget, Capital Programs Division, through a budget transfer of $1,493,469, to establish a new line item Account TS010-Z81. Summary Staff requests Board of Directors approval for the Chief Executive Officer to negotiate and execute Cooperative Agreement No. C between the Orange County Transportation Authority and the City of Santa Ana, in the amount of $1,493,469, for design review support and project coordination for a term beginning August 1, 2015 through completion of final design.

5 Page 4 Attachment None. Prepared by: Approved by: Mary Shavalier Program Manager (714) Jim Beil, P.E. Executive Director, Capital Programs (714) Virginia Abadessa Director, Contracts Administration and Materials Management (714)

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