HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (2ND)1
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AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-1157
BETWEEN
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ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
CITY OF SANTA ANA FIXED-GUIDEWAY PROJECT
THIS AMENDMENT NO. 2 is effective this day of 2012, by and between the
r
Orange County Transportation Authority ("AUTHORITY"), and the City o nta Ana ("CITY").
WITNESSETH:
WHEREAS, by Agreement No. C-8-1157 dated September 9, 2008, as last changed by
Amendment 1 dated January 10, 2011, AUTHORITY and CITY entered into a contract for CITY to
construct and operate a fixed guideway system linking Santa Ana Regional Transportation Center to
Harbor Boulevard in the City of Garden Grove which includes the use of the Pacific Electric Right-of-
Way; and
WHEREAS, both AUTHORITY and CITY have agreed to extend the term of the Agreement for
an additional twelve (12) months in order to finalize the fixed guideway system at no increase to the
AUTHORITY's maximum cumulative payment obligation;
NOW, THEREFORE, it is mutually understood by AUTHORITY and CITY that Agreement
No. C-8-1157, is hereby amended in the following particulars only:
1. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10,
as changed by Amendment 1, dated January 10, 2011, delete paragraph A in its entirety, and in lieu
thereof insert:
"A. This Agreement shall continue in full force and effect through acceptance of final
Alternatives Analysis, and draft final NEPA, and CEQA documents, including associated detailed
Page 1 of 3
J(iL:\Camm\Bridget\Cooperabve Agreements\AM281157\AM281157.doc
AMENDMENT NO. 2
AGREEMENT NO. C-8-1157
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planning and conceptual engineering of PROJECT by AUTHORITY for 12 months from the effective
date of this Amendment, whichever is sooner. This Agreement may only be extended upon written
mutual agreement by both parties."
2. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, pages 7 and 8 of
10, paragraph D, delete paragraph D in its entirety, and in lieu thereof insert:
"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:
City of Santa Ana Orange County Transportation Authority
20 Civic Center Plaza (M-21) 550 South Main Street
P. O. Box 1988 P. O. Box 14184
Santa Ana, CA 92702-1988 Orange, CA 92863-1584
Attention: Mr. Raul Godinez, Attention: Ms. Bridget K. Carman,
Public Works Agency, Executive Director Contract Administrator
Tel: 714-647-5654 Tel: 714-560-5478
cc: Ms. Kelly Hart, Project Manager'
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L:\Camm\CLERICAL\WORD P RO C\AG R E E\AME N D\AM281157. doc
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AMENDMENT NO. 2
AGREEMENT NO. C-8-1157
The balance of said Agreement remains unchanged.
This Amendment No. 2 shall be made effective September 9, 2011.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement
No. C-8-1157 to be executed on the date first above written.
CITY OF SANTA ANA
By 4"-k- -
Paul M. Walters
Interim City Manager
ORANGE COUNTY TRANSPORTATION AUTHORITY
By
Meena Katakia
Manager, Capital Projects
ATTEST: APPR ED AS TO FORM-
By: '-"IIA-4 By
Maria D. Huizar Kennard R. Smart, Jr.
Clerk of the Council General Counsel
APPRO AS TO F M:
By:
Joe S raka
Interim City Attorney
Dated: F F-13 1 5 ZO"Z
L 1Camm1CLERICALIWORDPROC?AGREEIAMENDWM281157.doc
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A-2008-255-02
AMENDMENT NO. 2 TO
AGREEMENT NO. C-8-1157
BETWEEN
FIC11177
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
CITY OF SANTA ANA FIXED-GUIDEWAY PROJECT
THIS AMENDMENT NO.2 is effective this f J?day of &L-Q&4A
/2012, by and between the
Orange County Transportation Authority ("AUTHORITY"), and the City of Santa Ana ("CITY").
WITNESSETH:
WHEREAS, by Agreement No. C-8-1157 dated September 9, 2008, as last changed by
Amendment 1 dated January 10, 2011, AUTHORITY and CITY entered into a contract for CITY to
construct and operate a fixed guideway system linking Santa Ana Regional Transportation Center to
Harbor Boulevard in the City of Garden Grove which includes the use of the Pacific Electric Right-of-
16 Way; and
17 WHEREAS, both AUTHORITY and CITY have agreed to extend the term of the Agreement for
18 an additional twelve (12) months in order to finalize the fixed guideway system at no increase to the
19 AUTHORITY's maximum cumulative payment obligation;
20 NOW, THEREFORE, it is mutually understood by AUTHORITY and CITY that Agreement
21 No. C-8-1157, is hereby amended in the following particulars only:
22 1. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10,
23 as changed by Amendment 1, dated January 10, 2011, delete paragraph A in its entirety, and in lieu
24 thereof insert:
25 "A. This Agreement shall continue in full force and effect through acceptance of final
26 11 Alternatives Analysis, and draft final NEPA, and CEQA documents, including associated detailed
Page 1 of 3
L:ICamm1CLERICALIWORDPROCIAGREEIAMEND\AM281157.doc
AMENDMENT NO. 2
AGREEMENT NO. C-8-1157
1 planning and conceptual engineering of PROJECT by AUTHORITY for 12 months from the effective
2 date of this Amendment, whichever is sooner. This Agreement may only be extended upon written
3 mutual agreement by both parties."
4 2. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, pages 7 and 8 of
5 10, paragraph D, delete paragraph D in its entirety, and in lieu thereof insert:
6 "D. All notices hereunder and communications regarding the interpretation of the terms of this
7 Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing
8 said notices in the U. S. mail, registered, or certified mail and addressed as follows:
9 To CITY: To AUTHORITY:
10 City of Santa Ana Orange County Transportation Authority
11 20 Civic Center Plaza (M-21) 550 South Main Street
12 P. O. Box 1988 P. O. Box 14184
13 Santa Ana, CA 92702-1988 Orange, CA 92863-1584
14 Attention: Mr. Raul Godinez, Attention: Ms. Bridget K. Carman,
15 Public Works Agency, Executive Director Contract Administrator
16 Tel: 714-647-5654 Tel: 714-560-5478
17 cc: Ms. Kelly Hart, Project Manager"
18 /
19 /
20 /
21 /
22 /
23 /
24 /
25 /
26 /
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AMENDMENT NO. 2
AGREEMENT NO. C-8-1157
1 The balance of said Agreement remains unchanged.
2 This Amendment No. 2 shall be made effective September 9, 2011.
3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement
4 No. C-8-1157 to be executed on the date first above written.
5
6 11 CITY OF SANTA ANA
ORANGE COUNTY TRANSPORTATION AUTHORITY
7
8 By <W,.A- By
9 Paul M. Walters Meena Katakia
10 Interim City Manager Manager, Capital Projects
11
12 ATTEST: APPR ED AS TO FORM-
13 By: A-4 By
Maria D. Huizar Kennard R. Smart, Jr.
14 Clerk of the Council General Counsel
15
16 5APPROV AS TO F M:
7 _ff:4
18 Joe S 19 Interim City Attorney
20 FEB 1 5 2012
21 Dated:
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