HomeMy WebLinkAbout14 OCTA AGREEMENT C-9-0426, SHUTTLE SVC 09-01-09Agenda Item 14
AGENDA REPORT C tylManager
-~-`~ Finance Director
MEETING DATE: SEPTEMBER 1, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. C-9-0426 BETWEEN THE
ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF
TUSTIN FOR STUDIES OF SHUTTLE SERVICE TO THE TUSTIN METROLINK
TRAIN STATION UNDER THE GO LOCAL STEP TWO PROGRAM
SUMMARY
In order to supplement the upcoming Metrolink service expansion, the Orange County
Transportation Authority (OCTA) developed a program known as Go Local to plan and implement
City-initiated transit extensions to OCTA's Metrolink Commuter Rail Line. Under Go Local Step One,
the City developed five project concepts to enhance transit service to the Tustin Metrolink Train
Station. Two of the five concepts have been approved by OCTA for further analysis. Cooperative
Agreement No. C-9-0426 provides terms under which the City and OCTA will jointly develop more
detailed studies under Go Local Step Two for adding shuttle service from the Tustin Metrolink
Station to the Tustin Civic Center/Downtown and to the Tustin Legacy.
RECOMMENDATION
It is recommended that the City Council approve Cooperative Agreement No. C-9-0426 with the
Orange County Transportation Authority for the Go Local Step Two Program, and authorize the
Mayor and City Clerk to execute the document on behalf of the City.
FISCAL IMPACT
A local funding match of ten percent of the cost of each of the studies is required under the
cooperative agreement. It is anticipated that the detailed planning and alternative analysis could be
completed for approximately $100,000. The City's ten percent (10%) local match share of
approximately $10,000 is to be funded from the current FY2009/2010 Capital Improvement Program.
BACKGROUND
The City of Tustin's Go Local Step One study developed five recommendations to enhance transit
service along with pedestrian and bicycle access to Tustin's Metrolink Train Station. The Study
analyzed existing and future conditions at the station, with primary emphasis on improving access to
the station for Tustin residents and businesses.
Recommendation Number 1 was to implement a local shuttle connecting the Metrolink train station
to City Hall and other downtown locations. It is anticipated that implementing a local shuttle with 6
buses providing 20-30 minute service frequencies during weekday peak hours would require a
capital investment from $1.2 to $1.6 million, with annual operating costs of $300,000 to $600,000.
Given the number of employees and residents proximity to the site, daily boarding's could be in the
range of 400-600 per day.
Approval of Cooperative Agreement No. C-9-0426 between the Orange County Transportation
Authority and the City of Tustin for Studies of Shuttle Service to the Tustin Metrolink Train Station
Under the Go Local Step Two Program
September 1, 2009
Page 2
Recommendation Number 2 was to provide additional pedestrian connectivity to areas north of the
train station. This recommendation would involve removing the existing BNSF spur line and
constructing a lighted, paved pedestrian/bicycle facility to Dow Avenue. Subsequent to Tustin's
development of the Step One Program, the OCTA has initiated design of such a facility, so
Recommendation Number 2 has been removed from consideration.
Recommendation Number 3 was to provide transit service from the train station to the Tustin Legacy
Project. It is anticipated that 2-3 shuttles with 20-30 minute service frequencies could be provided
for a capital cost of $400,000 - $600,000 with annual operating costs of $100,000 to $300,000.
Recommendation Number 4 was to enhance the pedestrian connectivity from the train station to the
Legacy Project across Edinger Avenue. These enhancements could include textured concrete,
laddered crosswalk striping and additional signing. The improvements could be done in conjunction
with roadway construction for under $25,000.
Recommendation Number 5 would provide a connection from the train station easterly along the
tracks to the Peters Canyon Bicycle/Pedestrian Trail. Because of the need for a bridge over Peters
Canyon Wash, the implementation of this recommendation could cost approximately $750,000.
DISCUSSION
In its November 11, 2008 letter (attached), the OCTA informed the City that Recommendation
Numbers 1 and 3 had been approved for further studies under the Go Local Step Two Program. It
was noted that a recommendation from the OCTA to advance a Go Local Step One project proposal
into Step Two denotes that the concept has merits for further study. However, it does not imply
approval of a specific project.
Cooperative Agreement No. C-9-0426 provides terms under which detailed analyses will be
performed for shuttle services from the Tustin Metrolink Train Station to the Tustin Civic
Center/Downtown and to the Tustin Legacy. The two studies will include development of ridership
forecasts, development of an operating plan, and determination of available revenue sources. The
OCTA will retain a consultant to perform the two studies and City of Tustin staff will be part of the
project development team.
Douglas SLStack
Acting irector of Public Works/City Engineer
Attachments: November 11, 2008 OCTA letter
Cooperative Agreement No. C-9-0426
. ,/
Dana R. Kasdan
Engineering Services Manager
S:\City Council Items\2009 Council ItemslApproval of Coop Agmt. No C-9-0426 for Go Local Step Two.2.docx
OCTA
BOARD OF DI RECTORS
L'hris Norby
Chapman
Peter Buffa
Vice Chairman
Jerry Amante
Duector
Patricia Bates
Duector
Art Brown
Director
Bill Campbell
Duector
Carolyn V Cavecche
Director
Richard Dixon
Director
Paul G. Glaab
Director
Cathy Green
Drector
Allan Mansoor
Director
John Moorlach
Director
Janet Nguyen
Director
Curt Pnngle
Director
Mr'guel Pulido
Director
Mark Rosen
Director
Gregory T. Winterbottom
Director
Cindy Quon
Governor's
Ex-Offiao Member
CHIEF EXECUTIVE OFFICE
Arthur T Leahy
Chief Executive Officer
November 11, 2008
Terry Lutz
Principal Engineer
City of Tustin
300 Centennial Way
Tustin, CA 92780
Dear Terry,
NUV 1 3 2008
fill8fil~i F'~;b! :~; 'Y~~u~KS DEPT.
Congratulations! I am pleased to inform you that the Orange County Transportafiion
Authority (OCTA) Board of Directors (Board) has approved the following mixed-flow
bus/shuttle proposals, sponsored by the City of Tustin, to advance to Step Two of the
Go Local Program.
• Local Shuttle Connecting the Metrolink Station to City Hall and Other Locations
in Downtown Tustin
• Transit Connection to the Tustin Legacy Project
As part of Step Two, the above proposals will be further refined through a
comprehensive service planning process. OCTA has procured consultant services that
will work directly with the City of Tustin to develop a service plan based upon the Step
One effort and in accordance with OCTA service planning practices. Undergoing the
service planning process will prepare proposals to compete for Renewed Measure M
funds as part of Step Three -the project implementation phase. Please note that
completing Step Two does not guarantee that the proposal will be advanced to Step
Three.
Additional information about Step Two requirements, including the local match
requirement of 10 percent of the Step Two project cost up to $100,000, will be
addressed as part of a cooperative agreement between OCTA and the City of Tustin.
OCTA staff will be in contact with you to further discuss this agreement. Any city who
has not satisfied all Step One requirements, as specified in the Step One cooperative
agreement with OCTA, will be delayed in initiating Step Two work.
If you have any questions, please contact me at (714) 560-5725 or klong@octa.net.
Thank you for your participation in the Go Local Program and I look forward to working
with you on this next phase of study.
$I
Senior Transpb~t`ation Analyst
Orange County Transportation Authority
550 South Main Street / P O. Box 14184 /Orange /California 92863-1584 / (714) 560-OCTA (6282)
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COOPERATIVE AGREEMENT NO. C-9-0426
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
GO LOCAL BUS/SHUTTLE SERVICE PLANNING
THIS AGREEMENT is effective on 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
refer-ed to as "AUTHORITY"), and the City of Tustin, 300 Centennial Way, Tustin, CA 92780, a
municipal corporation duly organi2ed and existing under the constitution and laws of the State of
California (hereinafter refen'ed to as "CITY").
RECITALS:
WHEREAS, the AUTHORITY's Go Local Program is a four-step program to plan and implement
city-initiated transit extensions to the Metrolink commuter rail line in Orange County; and
WHEREAS, AUTHORITY and CITY wish to work as partners to further develop acommunity-
based transit vision that increases the use of Metrolink by CITY residents, visitors and employees; and
WHEREAS, the AUTHORITY's Board of Directors directed that Step One mixed-flow
bus/shuttle proposals that met the Go Local evaluation criteria would be advanced to Step Two to
undergo detailed service planning; and
WHEREAS, the AUTHORITY's Board of Directors, on October 27, 2008 approved the
bus/shuttle proposals submitted May 2008 by the CITY to advance to Step Two for further study entitled
(1) "Local Shuttle Connecting the Metrolink Station to City Hall and Other Locations in Downtown
Tustin° and (2) "Transit Connection to the Tustin Legacy Project" (hereinafter referred to as
"BUS/SHUTTLE PROPOSALS") ;and
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AGREEMENT NO. C-9-0426
1 WHEREAS, the AUTHORITY will evaluate bus/shuttle proposals that undergo Step Two
2 detailed service planning for Step Three implementation; and
3 WHEREAS, the AUTHORITY has agreed to contract directly with a bench of consultants, which
4 the AUTHORITY has retained, to perform Step Two detailed service planning for the BUS/SHUTTLE
5 PROPOSALS; and
6 WHEREAS, this Cooperative Agreement (hereinafter referred to as "AGREEMENT") defines
7 the specific terms, conditions, and roles and responsibilities between the AUTHORITY and CITY only
8 as they may relate to the evaluation of the BUS/SHUTTLE PROPOSALS for Step Two of the
9 AUTHORITY'S Go Local Program and no other purpose; and
10 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
11 follows:
12 ARTICLE 1. COMPLETE AGREEMENT
13 AGREEMENT, including any exhibits and documents incorporated herein and made applicable
14 by reference, constitutes the complete and exclusive statement of the terms and conditions of the
15 Agreement between AUTHORITY and CITY concerning the BUS/SHUTTLE PROPOSALS and
16 supersedes all prior representations, understandings, and communications between the parties. The
17 above-referenced Recitals are true and correct and are incorporated by reference herein.
18 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
19 AUTHORITY agrees to the following responsibilities for the BUS/SHUTTLE PROPOSALS:
20 A. Procure and manage consultant of the AUTHORITY to work directly with the CITY to
21 develop comprehensive service plans for the BUS/SHUTTLE PROPOSALS to include an analysis of
22 Passenger Demands and Needs, Route Segment Performance; System Performance; Analysis of
23 Impacts to Existing Fixed Route Service, including transit centers and transfer points; Compliance with
24 American Disabilities Act (ADA) and Impacts to Paratransit Service; Boardings/Revenue Vehicle Hour
25 and Passenger Loads; Market Research and Segmentation Analysis; and Resource Requirements and
26 Financial Parameters, including fare type and farebox recovery estimate, operating and capital costs
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AGREEMENT NO. C-9-0426
1 and service cost-benefit analysis (hereinafter, referred to as "SERVICE PLANNING ACTIVITIES°); and
2 B. Participate in service planning team meetings with CITY and consultant for
3 BUS/SHUTTLE PROPOSALS and provide AUTHORITY-generated transit planning data and transit
4 planning support where AUTHORITY deems necessary; and
5 C. Receive and evaluate final Go Local Step Two Reports summarizing SERVICE
6 PLANNING ACTIVITIES and funding plans for the CITY's BUS/SHUTTLE PROPOSALS upon approval
7 by a CITY Council resolution and in anticipation of CITY's request to advance the BUS/SHUTTLE
8 PROPOSALS to Step Three of the Go Local Program; and
9 D. Invoice CITY on a quarterly basis for proportionate share, ten percent (10%), of actual
10 SERVICE PLANNING ACTIVITIES cost for each of the CITY's BUS/SHUTTLE PROPOSALS; and
11 E. AUTHORITY does not guarantee that the BUS/SHUTTLE PROPOSALS will be selected
12 to advance to Step Three of the Go Local Program; and
13 F. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
14 employees, and agents from and against any and all claims (including attorney's fees and reasonable
15 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage
16 to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by
17 AUTHORITY, its officers, directors, employees, or agents in connection with or arising out of the
18 performance of this Agreement.
19 ARTICLE 3. RESPONSIBILITIES OF CITY
20 CITY agrees to the following responsibilities for the BUS/SHUTTLE PROPOSALS:
21 A. Work collaboratively with the AUTHORITY's consultant to perform the SERVICE
22 PLANNING ACTIVITIES for the BUS/SHUTTLE PROPOSALS; and
23 B. Supply all requested data, reports and plans to support service planning of
24 BUS/SHUTTLE PROPOSALS in a timely manner, and
25 C. Participate in service planning team meetings for BUS/SHUTTLE PROPOSALS with
26 AUTHORITY and consultant; and
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AGREEMENT NO. C-9-0426
1 D. Participate in the development of a comprehensive service planning report, which will be
2 led by the consultant, for the BUS/SHUTTLE PROPOSALS that addresses all the SERVICE
3 PLANNING ACTIVITIES and is accompanied by a CITY Council resolution indicating support and
4 approving the final service planning report and funding plan for the BUS/SHUTTLE PROPOSALS; and
5 E. Provide eligible local matching funds, excluding in-kind sources, for CITY's proportionate
6 share (ten percent (10%) of actual SERVICE PLANNING ACTIVITIES cost for each of the
7 BUS/SHUTTLE PROPOSALS); and
8 F. Pay AUTHORITY, on a quarterly basis, within 30 days of receipt of invoice for CITY's
9 proportionate share (ten percent (10%) of actual SERVICE PLANNING ACTIVITIES cost for each of
10 the BUS/SHUTTLE PROPOSALS); and
11 G. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
12 employees, and agents from and against any and all claims (including attorney's fees and reasonable
13 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage
14 to or loss of use of property caused by the negligent acts, omissions, or willful misconduct by CITY, its
15 officers, directors, employees, or agents in connection with or arising out of the performance of this
16 Agreement.
17 ARTICLE 4. IT IS MUTUALLY UNDERSTOOD AND AGREED:
18 All parties agree to the following mutual responsibilities regarding BUS/SHUTTLE
19 PROPOSALS:
20 A. This Agreement shall continue in full force and effect through acceptance of final service
21 planning report for the BUS/SHUTTLE PROPOSALS or 18 months from effective date of this
22 Agreement, whichever is sooner. This Agreement may only be extended upon written mutual
23 agreement by both parties.
24 B. This Agreement may be amended in writing at any time by the mutual consent of both
25 parties. No amendment shall have any force or effect unless executed in writing by both parties.
26 C. The persons executing this Agreement on behalf of the parties hereto warrant that they
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AGREEMENT NO. C-9-0426
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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.
D. 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:
Public Works Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
Attention: Douglas S. Stack
Orange County Transportation Authority
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Jennifer Bergener
Acting Director of Public Works/City Engineer Manager, Local Initiatives
Telephone: 714-573-3150
e-mail: dstack tustinca.orq
Telephone: (714) 560-5462
e-mail: Jbergener@octa.net
E. 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.
F. The provision of this Agreement shall bind and insure to the benefit of each of the
parties hereto and all successors or assigns of the parties hereto.
G. 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.
H. 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.
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AGREEMENT NO. C-9-0426
1 I. Neither this Agreement, nor any of a Party's rights, obligations, duties, or authority
2 hereunder may be assigned in whole or in part by either Party without the prior written consent of the
3 other Party. Any such attempt of assignment shall be deemed void and of no force and effect. Consent
4 to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any
5 right to consent to such subsequent assignment.
6 J. Either party shall be excused from performing its obligations under this Agreement
7 during the time and to the extent that it is prevented from performing by an unforeseeable cause
8 beyond its control, including but not limited to: any incidence of fire, flood, acts of God, commandeering
9 of material, products, plants or facilities by the federal, state or local government, national fuel shortage,
10 or a material act or omission by the other party, when satisfactory evidence of such cause is presented
11 to the other party, and provided further that such nonperformance is unforeseeable, beyond the control
12 and is not due to the fault or negligence of the party not performing.
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AGREEMENT NO. C-9-0426
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This Agreement shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-9-0426 to be
executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION
AUTHORITY
By:
Doug Davert
Mayor
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
Douglas C. olland
City Attorney
Dated:
Bv:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By:
Darrell Johnson
Executive Director, Rail Programs
Dated:
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