HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-1-2630) (1ST)2
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A-2011-215-01
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-1-2630
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
FEDERAL TRANSPORTATION ENHANCEMENT PROJECT
FLOWER STREET BIKE TRAIL GAP CLOSURE
THIS AMENDMENT NO. 1 is effective this ?12 day of Mcurk) 2012,
by and between the Orange County Transportation Authority ("AUTHORITY"), and the
City of Santa Ana ("CITY").
WITNESSETH:
WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement C-1-2630 on
November 15, 2011, to define the roles and responsibilities related to funding between the
AUTHORITY and CITY for construction of Flower Street Bike Trail Gap Closure ("PROJECT"); and
WHEREAS, AUTHORITY and CITY have agreed to adjust the disbursement of any potential
project cost savings as the California Transportation Commission (CTC) does not allow for savings
to be redistributed to local agencies once an allocation has taken place; and
WHEREAS, the AUTHORITY's Board of Directors approved this Amendment on
September 26, 2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
Cooperative Agreement No. C-1-2630 is hereby amended in the following particulars only:
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L:Camm\CLERICALIC L E RICALIW ORDPROC'AGREENAMENDW M112630
Updated 1/122012
L,
AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-2634
1 1. Amend ARTICLE 2. SCOPE OF AGREEMENT, as noted below:
z a) page 4, to delete in its entirety and in lieu thereof insert:
3 "This Agreement specifies the terms and conditions, roles and responsibilities of the
4 PARTIES as they pertain to the subjects and projects addressed herein. Both AUTHORITY and
s CITY agree that each will cooperate and coordinate with the other in all activities covered by this
6 Agreement and any other supplemental agreements that may be required to facilitate purposes
7 thereof."
s 2. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, as noted below:
9 a) page 4, paragraph F, to delete in its entirety and in lieu thereof insert:
10 "AUTHORITY shall cancel projects for which CITY has not submitted a request for
ii authorization to proceed (E-76 Request) and allocation request by February 1 of the fiscal year
12 identified in Exhibit A as required in Article 4, paragraphs D and E, or has not advanced PROJECT
13 to ready-to-list stage as determined by Caltrans guidelines."
14 b) page 4, to add paragraph G:
is "AUTHORITY shall prohibit CITY from proposing projects in the next TE Cali for Projects if
16 PROJECT TE funding is allocated by the CTC and CITY does not award a construction contract in
17 accordance with STIP timely use of funds requirements, cancels PROJECT, or if PROJECT is
is cancelled by CTC for non-compliance with STIP requirements."
19 3. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, as noted below:
20 a) page 5, paragraph C, to delete in its entirety and in lieu thereof insert:
21 "CITY will submit a final report to AUTHORITY within six (6) months of Caltrans payment of
22 final billing for PROJECT in accordance with Exhibit C titled "TE Final Project Report Form."
23 b) page 5, paragraph D, to delete in its entirety and in lieu thereof insert:
24 "CITY is responsible for preparing and submitting to AUTHORITY an Engineer's Estimate of
25 the PROJECT cost and all CTC documentation needed for allocation vote ninety (90) days prior to
26 the CTC meeting at which CITY is requesting allocation, and no later than February 1 of the fiscal
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L:CartmACLERICAL\CLERICALSWORDPROC-AGREEW MENDWM1126W
AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-2630
1 year identified in Exhibit A. CITY agrees that any cost savings identified through the Engineer's
2 Estimate prior to allocation of funds shall be distributed proportionally between TE and local funding
3 based on proportional funding for construction phase in accordance with Exhibit A."
4 c) page 5, paragraph G, to delete in its entirety and in lieu thereof insert:
5 "TE funding for PROJECT is limited to the awarded amount of Five Hundred Thousand
6 Dollars ($500,000) for construction. However, if PROJECT has cost savings at contract award, the
7 use of TE funding may be maximized up to the amount allocated by the CTC for items in the
s PROJECT scope of work as provided in the 2010 Transportation Enhancement Call for Projects,
9 contingent on CITY providing a minimum of eleven and forty seven hundredths percent (11.47%)
10 local match for the construction cost."
ii d) page 6, paragraph H, to delete in its entirety and in lieu thereof insert:
12 "CITY agrees that the overall budget for PROJECT including construction management and
13 construction is Seven Hundred Sixty Two Thousand Dollars ($762,000) in accordance with Exhibit A
14 titled "TE Funding Plan", contingent on TE funding being made available through a continuing
15 resolution to SAFETEA-LU or federal transportation act."
16 e) page 6, paragraph K, to delete in its entirety.
17 4. Amend ARTICLE B. ADDITIONAL PROVISIONS, as noted below:
is a) page 9, to add paragraph N:
19 "N. Successors and Assigns: The provisions of this Agreement shall bind and inure to
20 the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto."
21 b) page 9, to add paragraph O:
22 "O. Time is of the Essence: Time is of the essence for the work identified in Exhibit A. All
23 work must be completed no later than 42 months after the CTC allocation approval date."
24 /
25 /
26 /
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L:Camm1CLERICALCLERICALIWORDPROCWGREEWMENDWM112630 A '
Ax-
AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-2630
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The balance of Cooperative Agreement No. C-1-2630 remains unchanged.
IN WITNESSS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Cooperative Agreement No. C-1-2630 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
o
A By:
Paul M. Walters Meena Kat ia,
Interim City Manager Manager, Capital Projects
ATTEST:
By: r , ?. k
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
By:
Joseph Straka
Interim City Attorney
Dated: -31-241I2
L:Camm1CLERICALICLERICALIWORDPROCWGREEAk ENDIAM112630
APPROVED AS TO FORM:
By:
ennard P. Sma , Jr.
General Counsel
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