HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-6-0069) (3RD)A-2006-043-003
At CE NOT; EQUIRED
>ORK MAY 'ROCEED
-LERK OF- ?OUNCIL.
AMENDMENT NO. 3
AGREEMENT NO. C-6-0069 I
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
n
THIS AMENDMENT NO. 3 is effective as of this day of 5Lt tQ!L 2011, by and
between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY") and
the City of Santa Ana, a charter city and municipal corporation of the State of California (hereinafter
referred to as "CITY")
WITNESSETH:
WHEREAS, by Cooperative Agreement No. C-6-0069 dated June 12, 2006, and last amended
on April 10, 2008, AUTHORITY and CITY entered into a cooperative agreement for the Bristol Street
Widening Project; and
WHEREAS, the Payment provision (Article 8, pages 7 and 8) of the Cooperative Agreement
was amended on April 10, 2008, with no increase in the AUTHORITY'S maximum obligation; and
WHEREAS, AUTHORITY and CITY desire to further amend the Payment provision of the
Cooperative Agreement in order to simplify the disbursement of funding to the CITY, with no increase in
the AUTHORITY'S maximum obligation;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
Cooperative Agreement No. C-6-0069 is hereby amended in the following particulars only:
1. Amend ARTICLE 8. PAYMENT to delete paragraph B. Delivery of Invoice, Page 8 of
26, lines 11 through 20, in its entirety and replace with the following:
"B. Delivery of Payment Request
1. On a monthly basis, CITY shall request payment from AUTHORITY an amount
based upon a pro-rated portion of amounts specified in Exhibit D, entitled "Semi-Annual Maximum
L:\CAMM\CLERICAL\WORDPROC\AGREEWMEND\A360069. DOC
Page 1 of 3
AMENDMENT NO. 3 TO
COOPERATIVE AGREEMENT NO. C-6-0069
1 Obligation for Bristol Street Widening". CITY'S requests for payment shall be in writing, with three (3)
2 copies submitted to AUTHORITY'S Accounts Payable Department and one (1) copy submitted to
3 AUTHORITY'S Project Manager. Within ten (10) business days after AUTHORITY'S receipt of an
4 acceptable request for payment, AUTHORITY will review the request for payment for consistency and
5 conformity with all requirements of this Agreement and issue payment to CITY. AUTHORITY shall
6 notify CITY of any amounts not approved for payment and specify the reason for disapproval. CITY
7 may include such disapproved amounts in the next month's request for payment after correction of the
8 deficiencies noted by AUTHORITY (all such disapproved amounts shall be deemed in dispute unless
9 otherwise agreed).
10 2. On a quarterly basis, CITY shall reconcile actual expenses versus payments
11 from AUTHORITY for the PROJECT. If actual expenses are less than payments from AUTHORITY,
12 AUTHORITY shall withhold such excess payment amounts from CITY's next monthly payment request.
13 If actual expenses exceed payments from AUTHORITY, CITY shall submit a written request for
14 payment to AUTHORITY for such additional actual expenses. In no event shall payments from
15 AUTHORITY exceed amounts specified in Exhibit D, entitled "Semi-Annual Maximum Obligation for
16 Bristol Street Widening", nor the maximum obligation amount specified in Article 5. RESPONSIBLITIES
17 OF AUTHORITY, paragraph C. Maximum Obligation."
18 2. Amend "Exhibit D, Semi-Annual Maximum Obligation for Bristol Street Widening" to
19 delete in its entirety and replace with the attached "Exhibit D, Semi-Annual Maximum Obligation for
20 Bristol Street Widening, Amendment No. 3".
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Page 2 of 3
AMENDMENT NO. 3 TO
COOPERATIVE AGREEMENT NO. C-6-0069
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The balance of said Cooperative Agreement remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to
Cooperative Agreement No. C-6-0069 to be executed on the effective date above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By: By:
David N. Ream Meena Katakia
City Manager Manager, Capital Projects
ATTEST:
By:f'l ?lyvt?'i ?`?
Maria D Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By: Laura Sheedy
Assistant City Attorney
APPROVED AS TO FORM:
By: ??? 1/ "4 -',
Kennard R. Smart, Jr.
General Counsel
Page 3 of 3
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