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Home My WebLink AboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (3RD)A-2012-088 1 AMENDMENT NO. 3 TO 2 AGREEMENT NO. C-8-1157 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY 5 AND 6 CITY OF SANTA ANA 7 FOR 8 CITY OF SANTA ANA FIXED-GUIDEWAY PROJECT 9 THIS AMENDMENT NO. 3 is effective this oZW?" day of 1?W?YwbPY 2012, by and between the 10 Orange County Transportation Authority, a public corporation of the State of California ("AUTHORITY"), 11 and the City of Santa Ana, a municipal corporation duly organized and existing under the constitution 12 and laws of the State of California ("CITY"), mutually referred to herein as "PARTIES" or each 13 individually as a "PARTY". 14 WITNESSETH: 15 WHEREAS, by Agreement No. C-8-1157 dated September 9, 2008, as last changed by 16 Amendment No. 2 dated February 27, 2012, AUTHORITY and CITY entered into a contract whereby 17 the CITY proposes to construct and operate a fixed guideway system linking Santa Ana Regional 18 Transportation Center to Harbor Boulevard in the City of Garden Grove which includes the use of the 19 Pacific Electric Right-of-Way; and 20 WHEREAS, CITY has requested a programming change that would advance M2 Project S 21 funds to complete preliminary engineering for the purposes of completing the current environmental 22 phase; and 23 WHEREAS, AUTHORITY and CITY agree to increase the maximum cumulative payment 24 obligation amount of the Agreement by Four Hundred Eighty Eight Thousand Dollars ($488,000); and 25 WHEREAS, AUTHORITY's Board of Directors, on May 14, 2012, approved the re- 26 programming of Four Hundred Eighty Eight Thousand Dollars ($488,000) of Renewed Measure M Page 1 of 4 A-2012-088 AMENDMENT NO. 3 TO AGREEMENT NO. C-8-1157 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR CITY OF SANTA ANA FIXED-GUIDEWAY PROJECT THIS AMENDMENT NO. 3 is effective this day of , 2012, by and between the Orange County Transportation Authority, a public corporation of the State of California ("AUTHORITY"), and the City of Santa Ana, a municipal corporation duly organized and existing under the constitution and laws of the State of California ("CITY"), mutually referred to herein as "PARTIES" or each individually as a "PARTY". WITNESSETH: WHEREAS, by Agreement No. C-8-1157 dated September 9, 2008, as last changed by Amendment No. 2 dated February 27, 2012, AUTHORITY and CITY entered into a contract whereby the CITY proposes 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, CITY has requested a programming change that would advance M2 Project S funds to complete preliminary engineering for the purposes of completing the current environmental phase; and WHEREAS, AUTHORITY and CITY agree to increase the maximum cumulative payment obligation amount of the Agreement by Four Hundred Eighty Eight Thousand Dollars ($488,000); and WHEREAS, AUTHORITY's Board of Directors, on May 14, 2012, approved the re- programming of Four Hundred Eighty Eight Thousand Dollars ($488,000) of Renewed Measure M 07ZOT-7 Page 1 of 4 AMENDMENT NO. 3 TO AGREEMENT NO. C-8-1157 1 funds from Agreement No. C-1-3099 to be transferred to Agreement No. C-8-1157, increasing the 2 maximum obligation of Agreement No. C-8-1157 to a total of Six Million Three Hundred Eighty Eight 3 Thousand Dollars ($6,388,000); and 4 WHEREAS, the maximum obligation of Six Million Three Hundred Eighty Eight Thousand 5 Dollars ($6,388,000) comprises of Five Million Nine Hundred Thousand Dollars ($5,900,000) in 6 Measure M funds and Four Hundred Eighty Eight Thousand Dollars ($488,000) in Renewed Measure 7 M funds. Such funds were agreed by AUTHORITY and CITY as necessary to complete the project; and 8 WHEREAS, CITY agrees to contribute an additional Four Hundred Eighty Eight Thousand 9 Dollars ($488,000) in CITY funds to the project development activities and Preliminary Engineering (PE) 10 phases under Agreement No. C-1-3099 in exchange for the re-programming of the M2 funds to 11 Agreement No. C-8-1157; and 12 WHEREAS, CITY agrees to reimburse AUTHORITY Four Hundred Eighty Eight Thousand 13 Dollars ($488,000) in CITY funds in the event the project development activities and PE phases are not 14 completed under Agreement No. C-1-3099; and 15 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 16 Agreement No. C-8-1157 is hereby amended in the following particulars only: 17 1. Amend page 2 of 10, lines 8 through 10, to delete in its entirety and replace with: 18 "WHEREAS, the AUTHORITY and CITY estimate the PROJECT shall cost up to Six Million 19 Four Hundred Eighty Eight Thousand Dollars ($6,488,000) for Alternatives Analysis and NEPA and 20 CEQA environmental compliance including associated detailed planning and conceptual engineering; 21 and". 22 2. Amend page 2 of 10, lines 18 and 19, to delete "Five Million, Nine Hundred Thousand 23 Dollars ($5,900,000.00)" as the AUTHORITY's maximum cumulative obligation under this Agreement 24 and in lieu thereof insert "Six Million Four Hundred Eighty Eight Thousand Dollars ($6,488,000)". 25 3. Amend page 2 of 10, line 22, to delete 15.9 million" as the AUTHORITY's maximum 26 cumulative obligation under this Agreement and in lieu thereof insert 1 Page 2 of 4 AMENDMENT NO.3 TO AGREEMENT NO. C-8-1157 "Six Million Three Hundred Eighty Eight Thousand Dollars ($6,388,000)". 4. Amend ARTICLE 2. RESPONSIBILITIES OF AUTHORITY, page 3 of 10, paragraph B, lines 14 through 16, to delete in its entirety and replace with: "B. To reimburse CITY monthly up to an amount not-to-exceed Six Million Three Hundred Eighty Eight Thousand Dollars ($6,388,000) for actual eligible costs for the PROJECT consistent with PROJECT MILESTONE approval". 5. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, page 5 of 10, lines 10 and 11, to delete "Six Million Dollars ($6,000,000)" and in lieu thereof insert "Six Million Four Hundred Eighty Eight Thousand Dollars ($6,488,000)". 6. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10, as changed by Amendment 2, dated February 27, 2012, 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 planning and conceptual engineering of PROJECT by AUTHORITY, or April 30, 2013, whichever is sooner. This Agreement may only be extended upon written mutual agreement by both PARTIES." Page 3 of 4 AMENDMENT NO. 3 TO AGREEMENT NO. C-8-1157 1 2 3 4 5 6 7 8, 9 10 11 12 13 14 15 16 17 18 19 20 21 ® 22 23 24 25 26 The balance of Agreement No. C-8-1157 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.3 to Agreement No. C-8-1157 to be effective as of the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Paul M. Walters Will Kempton City Manager Chief Executive Officer ATTEST: APPROVED AS TO FORM: By: r i 0 . By: - Maria D. Huizar Kennard R. Smart, Jr Clerk of the Council General Counsel APPROVED AS TO FORM: By: Ft a ?4 G 1, ?cu C By: - Sonia R. Carvalho J City Attorney E Dated g 1 ab I z Page 4 of 4 Director, Capital Programs APPROVAL RECOMMENDED: