HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (21) - 2010ASURANCE NOT ?EQ(JIRa=C,
r r< ORK MAY F ?i0CEEE.
CLERK CF ;"'OUlvCil.
0ATP
UG 2 5 2010
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A-2010-113
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0862
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS
AND
SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES
THIS AMENDMENT NO. 2 is effective this 0 day of 2010, by and
between the Orange County Transportation Authority ("AUTHORITY"), and the City of Santa Ana
("CITY").
WITNESSETH:
WHEREAS, by Agreement No. C-8-0862 dated October 20, 2008, as last changed by
Amendment No. 1 dated February 16, 2010, AUTHORITY and CITY entered into a cooperative
agreement for rail highway grade crossing safety enhancements and safety measures related to
quiet zone implementations; and
WHEREAS, AUTHORITY and CITY agree to increase the 12% cost share to include the
construction cost increase associated with signal material and railroad signal installation labor and
construction and project management cost; and
WHEREAS, the AUTHORITY's Board of Directors approved this Amendment on
August 23,.2010.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
Agreement No. C-8-0862 is hereby amended in the following particulars only:
ER:CF
L:ICAMM',CLERICAL%WORDPROC\AGREEWMENDWM280862, DOC
Page 1 of 3
f Exhibit 2
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0862
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Amend ARTICLE 4. RESPONSIBILITIES OF CITY, paragraph F, Page 6 of 14, to delete
in its entirety and in lieu thereof insert:
"F. CITY is responsible for Right-of-Way acquisition, including Temporary Construction
Easements, any and all environmental clearances, and securing any and all necessary environmental
or other approvals for the PROJECT. For the Chestnut property only, CITY shall be responsible for
Right-of-Way acquisition and once acquired, the property will be conveyed to AUTHORITY.
Amend ARTICLE 4. RESPONSIBILITIES OF CITY, paragraph K and N, Page 7 of 14, to
delete in its entirety and in lieu thereof insert:
"K. CITY will pay to AUTHORITY, within 30 days of submittal of invoice (s) from AUTHORITY
and subject to the CITY's normal accounting procedures, the requested portion of the CITY's 12
percent local matching funds for the PROJECT, with the exception of the local matching funds for the
cost of the Santa Clara and Fairhaven crossings, which are fully funded under the Santa Ana Second
Main Track Project."
"N. The estimated expenditure schedule for CITY's local matching funds is as follows:
FISCAL YEAR CITY'S SHARE (12 percent) OF ESTIMATED
PROJECT COST
2008/2009 $1,330,098
2009/2010 $570,042
201012011 400 205
2011/2012
TOTALS 2 300 ,345
"
Amend Exhibit "A". OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM
SCOPE OF WORK, Fairhaven Avenue subsection, delete the phrase `Temporary Closed" and
replace with the phrase "Permanent Closure"
Add OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST
ESTIMATE CITY OF SANTA ANA, Exhibit B, Amendment No. 2, attached hereto and made
part hereof.
ER:CF
C:0000MENTS AND SETTINGS\DNEVILS,DESKTMSANTA ANA OCX COOPERATIVEAGREEMENT AM28OW2-REVISEDDRAFT.DOC
Page 2 of 3
Exhibit 2
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0862
1 The balance of said Agreement remains unchanged.
'- IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
3 Agreement No. C-8-0862 to be executed on the effective date above written.
a ' CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
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6 By: By
David N. Ream Will Kempton
City Manager Chief Executive Officer
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ATTEST: APPROVED AS TO FORM:
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By:??Ali By
11 Maria D. Huizar j Kennard R. Smart, Jr
Clerk of the Council General Counsel
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APPROVED AS TO FORM: APPROVAL RE MMEND D,
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14 By: By: s
s e p h W. Fletcher e eil, P. E.
15 ityAttorney ive Director, Capital Programs
16 APP OVA RECOMMENDED:
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By.
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Execuf Director, Public Works
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l+ ER:CF
I LACAMM\CLERICAMORDPROCVAGREEIAMENDWM280 62.DOC
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'` 1 Exhibit 2
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-0862
EXHIBIT "B"
OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM
REVISED COST ESTIMATE
CITY OF SANTA ANA
Original Revised Cost
Items Original Coop City
City Estimate at Revised City City Share
Coop Cost Share (1 Completion Share (12%) Difference
(EAC)
SCRRA Agency Costs
Design. Survey, PM, CM, $4,816,151 $577,938 $4,087,157 $490,459 -$87
479
Flagging, Permitting. ,
Civil Safety Enhancements $4,355;373 $522,645 $2,171,595 $260,591 -$262.053
RR Signal Improvements $4,147,800 $497,736 $7,731,607 $927,793 $430.057
Utility costs $33,000 $3,960 $3,278 $393 -$3,567
ROW Costs $1,122,400 $134,688 $3,246,077 $389,529 $254,841
Project Contingency &
Inflation $1,359,775 $163.173 $1,929,826 5231,579 $68,406
Grand Total $15,834,499 $1,900,140 $19,169,540 $2,300,345 $400
205
ranter All costs associated with t o F h ,
e air aven and Santa Clara Ave crossings are not included in the new EAC, due to these
costs oeing paid urder the Santa Ana Second Main Track Project.
ROW costs assmated with the full-property acquisition at 1101, E Chestnut Ave are not included in the EAC, since
OCTA will take 5nat possession of this property.
Last Revision 05/20/10 Exhibit 2