HomeMy WebLinkAboutA-2006-043-02
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A-2006-043-02
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AMENDMENT NO. 2
AGREEMENT NO. C-6-0069
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
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AND
CITY OF SANTA ANA
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THIS AMENDMENT NO. 2 is effective as of this '0 """'day of "'II~\'- , 2008. by and
8 between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY") and
9 the City of Santa Ana, a charter city and municipal corporation of the State of California (hereinafter
10 referred to as "CITY"),
11 WITNESSETH:
12 WHEREAS, by Cooperative Agreement No, C-6-0069 dated June 12, 2006, AUTHORITY and
\3 CITY entered into a cooperative agreement for the Bristol Street Widening Project; and
14 WHEREAS, the Payment provision (Article 8, pages 7 and 8) of the Cooperative Agreement
15 was amended on October 11, 2006 (A-2006-043-01), with no increase in the AUTHORITY'S maximum
16 obligation; and
17 WHEREAS, AUTHORITY and CITY desire to further amend the Payment provision of the
18 Cooperative Agreement in order to simplify the disbursement of funding to the CITY, with no increase in
19 the AUTHORITY'S maximum obligation; and
20 WHEREAS, AUTHORITY desires, and CITY agrees, to further delineate CITY's responsibilities;
21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
22 Cooperative Agreement No, C-6-0069 is hereby amended in the following particulars only:
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1,
Amend ARTICLE 5, RESPONSIBITIES OF AUTHORITY, paragraph B. Pavment, Page
24 4 of 26, lines 16 through 18, to delete the second sentence in its entirety, which references Exhibit E,
25 entitled "Invoice Format".
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AMENDMENT NO. 2
COOPERATIVE AGREEMENT NO. C-6-0069
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2. Amend ARTICLE 6. RESPONSIBILITIES OF CITY, paragraph G. Proaress Reoortina,
2 Page 6 of 26, line 9, to delete the word "quarterly" as the progress reporting requirement and in lieu
3 thereof insert the word "monthly".
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3.
Amend ARTICLE 8. PAYMENT to delete paragraph B. Delivery of Invoice, Page 8 of
5 26, lines 11 through 20, in its entirety and replace with the following:
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"B.
Delivery of Pavment Reauest
7 1. On a monthly basis, CITY shall request payment from AUTHORITY an amount
8 based upon a pro-rated portion of amounts specified in Exhibit D, entitled "Semi-Annual Maximum
9 Obligation for Bristol Street Widening". CITY'S requests for payment shall be in writing, with three (3)
10 copies submitted to AUTHORITY'S Accounts Payable Department and one (1) copy submitted to
11 AUTHORITY'S Project Manager. Within ten (10) business days after AUTHORITY'S receipt of an
12 acceptable request for payment, AUTHORITY will review the request for payment for consistency and
13 conformity with all requirements of this Agreement and issue payment to CITY. AUTHORITY shall
14 notify CITY of any amounts not approved for payment and specify the reason for disapproval. CITY
15 may include such disapproved amounts in the next month's request for payment after correction of the
16 deficiencies noted by AUTHORITY (all such disapproved amounts shall be deemed in dispute unless
17 otherwise agreed).
18 2. On a quarterly basis, CITY shall reconcile actual expenses versus payments
19 from AUTHORITY for the PROJECT. If actual expenses are less than payments from AUTHORITY,
20 AUTHORITY shall withhold such excess payment amounts from CITY's next monthly payment request.
21 If actual expenses exceed payments from AUTHORITY, CITY shall submit a written request for
22 payment to AUTHORITY for such additional actual expenses. In no event shall payments from
23 AUTHORITY exceed amounts specified in Exhibit D, entitled "Semi-Annual Maximum Obligation for
24 Bristol Street Widening", nor the maximum obligation amount specified in Article 5. RESPONSIBLlTIES
25 OF AUTHORITY, paragraph C. Maximum Obliaation."
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AMENDMENT NO. 2
COOPERATIVE AGREEMENT NO. C-6-0069
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4. Amend ARTICLE 8. PAYMENT to delete paragraph C. Form of Invoice, Pages 8 and 9
2 of 26, in its entirety and replace with the following:
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"C.
Form of Payment Reauest- Each payment request shall be executed by a
4 designated representative of CITY appointed by CITY to have such authority in accordance with Article
5 10, subparagraph D, "Notices", shall be in an acceptable format as detailed in Exhibit E, entitled
6 "Payment Request", and shall include the following information:
7 1. Agreement Number C-6-0069;
8 2. The time period covered by the payment request;
9 3. Monthly Progress Report, which includes a detailed description of the progress of
10 the PROJECT;
11 4. Total monthly payment request amount; and
12 5. Such other information as requested by AUTHORITY; and
13 6. Certification signed by the CITY or his/her designated altemate that the invoice
14 is true, complete and correct, and in compliance with this Agreement."
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5.
Amend ARTICLE 8. PAYMENT, paragraph D. Pavment by AUTHORITY, Page 9 of 26,
16 lines 8 through 11, to delete the first sentence in its entirety and repiace with the following:
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110.
Payment bv AUTHORITY- Within ten (10) business days after receipt by
18 AUTHORITY of a complete and acceptable payment request, AUTHORITY shall pay CITY the amount
19 of the payment request approved for payment, less any amounts, which AUTHORITY is otherwise
20 entitled to withhold or deduct."
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6.
Amend Exhibit C, Scope of Work, to add the following:
"CITY shall prepare an implementation plan for the overall Bristol Street Widening
Project that provides:
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(1)
Project description (including map and segment definitions).
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a.
Implementation schedule for the overall Project.
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AMENDMENT NO. 2
COOPERATIVE AGREEMENT NO. C-6-0069
b.
Detailed milestone schedule for individual segments, including a planned
list of activities and due dates for Phases I & II.
c. Detailed listing of deliverables, with due dates.
d.
Budget summary for the Project.
e.
Funding summary for the Project.
(2)
CITY shall submit a monthly progress report highlighting the activities for the
7.
month, including an updated schedule for the current segment(s)."
Delete Exhibit E, entitled "Invoice Format" in its entirety and replace with the attached
9 Exhibit E, entitled "Payment Requesf'.
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Delete Exhibit G, entitied "Invoice Schedule" in its entirety.
8.
11 The balance of said Cooperative Agreement remains unchanged.
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AMENDMENT NO. 2
COOPERATIVE AGREEMENT NO. C-G-OOG9
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
Cooperative Agreement No. C-6-0069 to be executed on the effective date above written.
CITY OF SANTA ANA
OlWll COUNTY ~IWlSPORT ATlON AUlHORlTY
ByU;r1.M.--. })i>JrdiAAA
';' 1~'l Kathle~n Perez
J(V Manager, Contracts & Procurement
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City Manager
ATTEST:
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By
APPROVED AS TO FORM:
Patricia E. Healy
Clerk of the Council
Kennard R. Smart. Jr.
General Counsel
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY;,~: {~
By: Lisa E. Storck
Assistant City Attorney
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Exhibit E
Amendment No.2
Agreement No. C-6-0069
EXHIBIT E - PAYMENT REQUEST
City
City Address
City, State ZIP
Date
City Project No.
Payment Request No. _
Month of
City Project Manager:
aCTA Project Manager:
Orange County Transportation Authority
Development Department
600 South Main Street
Orange, CA 92863-1584
Re:
Subject:
aCTA/Santa Ana Cooperative Agreement No C-6-0069
Services for Bristol Street Widening Project
City of Santa Ana hereby requests payment in the amount of $
to Article 8. PAYMENT of the subject Agreement.
pursuant
We hereby certify that the above payment request is true, complete, correct, and in
compliance with the subject agreement.
Sincerely,
Remit Payment To:
City of Santa Ana
Dept
Address
Name, Project Manager
City of Santa Ana