HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-1-3099) (1ST)A-2012-088A
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-3099
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
PROJECT DEVELOPMENT ACTIVITIES AND PRELIMINARY ENGINEERING OF
THE SANTA ANA AND GARDEN GROVE FIXED GUIDEWAY PROJECT
THIS AMENDMENT NO.1 is effective this ? day of 1?DVGIrt 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-1-3099 dated February 15, 2012, AUTHORITY and CITY
entered into a contract to define the specific terms and conditions, roles and responsibilities for
completion of the Alternatives Analysis, conceptual engineering, detailed planning, project management
and state/federal environmental clearance for the Santa Ana/Garden Grove Fixed-Guideway; and
WHEREAS, CITY has requested a programming change that would advance M2 Project S
funds previously allocated to complete the subsequent phase of project development and preliminary
engineering for the purposes of completing the current environmental phase; and
WHEREAS, AUTHORITY and CITY agree to decrease the AUTHORITY's obligation and
increase CITY's obligation of the Agreement by Four Hundred Eighty Eight Thousand Dollars
($488,000); and
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A-2012-088A
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-3099
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
PROJECT DEVELOPMENT ACTIVITIES AND PRELIMINARY ENGINEERING OF
THE SANTA ANA AND GARDEN GROVE FIXED GUIDEWAY PROJECT
THIS AMENDMENT NO.1 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-1-3099 dated February 15, 2012, AUTHORITY and CITY
entered into a contract to define the specific terms and conditions, roles and responsibilities for
completion of the Alternatives Analysis, conceptual engineering, detailed planning, project management
and state/federal environmental clearance for the Santa Ana/Garden Grove Fixed-Guideway; and
WHEREAS, CITY has requested a programming change that would advance M2 Project S
funds previously allocated to complete the subsequent phase of project development and preliminary
engineering for the purposes of completing the current environmental phase; and
WHEREAS, AUTHORITY and CITY agree to decrease the AUTHORITY's obligation and
increase CITY's obligation of the Agreement by Four Hundred Eighty Eight Thousand Dollars
($488,000); and
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-3099
1 WHEREAS, on May 14, 2012, AUTHORITY's Board of Directors approved a revised funding
2 plan to reduce the M2 Project S funds from Five Hundred Fifty Four Thousand One Hundred Seventy
3 Dollars ($554,170) to Sixty Six Thousand One Hundred Seventy Dollars ($66,170) as part of
4 Agreement No. C-1-3099 between AUTHORITY and CITY for project development activities and
5 preliminary engineering and to reprogram Four Hundred Eighty Eight Thousand Dollars ($488,000) of
6 Renewed Measure M funds to Agreement No. C-8-1157 between AUTHORITY and CITY for
7 completion of the Alternatives Analysis, conceptual engineering, detailed planning, project management
8 and state/federal environmental clearance ; and
9 WHEREAS, CITY agrees to contribute the Four Hundred Eighty Eight Thousand Dollars
10 ($488,000) of Renewed Measure M funds re-programmed to Agreement No. C-8-1157 with CITY funds
11 to be applied to Agreement No. C-1-3099; and
12 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
13 Agreement No. C-1-3099 is hereby amended in the following particulars only:
14 1. Amend page 2 of 16, lines 24 and 25, to delete "Five Hundred Fifty Four Thousand One
15 Hundred Seventy Dollars ($554,170)" as the required local match under this Agreement and in lieu
16 thereof insert "One Million Forty Two Thousand One Hundred Seventy Dollars ($1,042,170)".
17 2. Amend page 3 of 16, lines 8 and 9, to delete "Exhibit A "FUNDING PLAN"" and
18 replace with "Amendment No. 1, Exhibit A "FUNDING PLAN"," as revised and approved by the
19 AUTHORITY's Board of Directors on May 14, 2012, which is attached hereto and incorporated by
20 reference.
21 3. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 5 of 16, paragraph
22 C, to delete in its entirety and replace with:
23 "B. AUTHORITY shall remit to CITY within 30 days of receipt of an acceptable
24 invoice, in accordance with ARTICLE 9 REQUEST FOR REIMBURSEMENT and Amendment No. 1,
25 Exhibit A "FUNDING PLAN", as revised and approved by the AUTHORITY's Board of Directors on
26 May 14, 2012, reimbursement for project development activities and preliminary engineering up to Sixty
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-3099
1 Six Thousand One Hundred Seventy Dollars ($66,170) of eligible M2 PROJECT costs and Four Million
2 Four Hundred Thirty Three Thousand Three Hundred Sixty Dollars ($4,433,360) of Section 5307
3 PROJECT costs. Such PROJECT costs shall not exceed the sum of Four Million Four Hundred Ninety
4 Nine Thousand Five Hundred Thirty Dollars ($4,499,530) and are subject to authorization through the
5 AUTHORITY's annual budget process. AUTHORITY will not be obligated to pay for any amount
6 beyond what has been identified in this Article."
7 4. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, page 9 of 16, paragraph N, to
8 delete in its entirety and replace with:
9 "N. CITY shall be responsible for completing the PROJECT in accordance with
10 Amendment No. 1, Exhibit A "FUNDING PLAN", as revised and approved by the AUTHORITY's
11 Board of Directors on May 14, 2012, timely use of funds requirements, FTA guidelines, and any and all
12 other requirements of the federal, state, or local agency requirements for FTA Section 5307 Funding
13 and M2 Funding programs."
14 5. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, page 9 of 16, paragraph Q, to
15 delete in its entirety and replace with:
16 "Q. CITY shall contribute at least One Million Forty Two Thousand One Hundred
17 Seventy Dollars ($1,042,170) of PROJECT costs, which includes Four Hundred Eighty Eight Thousand
18 Dollars ($488,000) to backfill the amount reprogrammed to Agreement No. C-8-1157, in addition to the
19 Five Hundred Fifty Four Thousand One Hundred Seventy Dollars ($554,170) previously required, as
20 the required local contribution of matching funds (other than Federal Funds), as specified in
21 Amendment No. 1, Exhibit A "FUNDING PLAN", as revised and approved by the AUTHORITY's
22 Board of Directors on May 14, 2012, toward the actual costs of PROJECT."
23 6. Amend ARTICLE 9. REQUEST FOR REIMBURSEMENT, page 12 of 16, paragraph C,
24 Item 3, to delete in it's entirety and replace with:
25 "3. Adequate detail describing all work completed by phase as identified in
26 Amendment No. 1, Exhibit A "FUNDING PLAN" as revised and approved by the AUTHORITY's
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-3099
1 Board of Directors on May 14, 2012."
2 7. Amend ARTICLE 10. AVAILABILITY OF FUNDS, page 12 of 16, line 23, to delete to in
3 its entirety and replace with:
4 "This Agreement will allow AUTHORITY to reimburse the CITY with Federal Funds from
5 the Federal Grant to CITY. The Federal Funds are subject to the terms and conditions of this
6 Agreement, the Federal Grant, and the applicable requirements of AUTHORITY and the FTA. This
7 Agreement neither implies nor obligates any funding commitment by AUTHORITY as specified in
8 Amendment No. 1, EXHIBIT A, "FUNDING PLAN". All funds are contingent upon federal
9 appropriation, the FTA's approval of a grant application, and for Preliminary Engineering funds, FTA's
10 approval for the PROJECT to enter into Preliminary Engineering. If the FTA does not approve entry into
11 Preliminary Engineering, the CITY will be responsible for reimbursing AUTHORITY the Four Hundred
12 Eighty Eight Thousand Dollars ($488,000) of Renewed Measure M funds reprogrammed from
13 Agreement No. C-1-3099 to Agreement No. C-8-1157. If a Letter of No Prejudice is issued by the FTA,
14 CITY shall assume all the risk of spending the Local Match early on in the PROJECT."
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-1-3099
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The balance of Agreement No. C-1-3099 remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. C-1-3099 to be effective as of the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By: By: ) Aq Ko?
Paul M. Walters Will Kempton
City Manager Chief Executive Officer
ATTEST: APPROVED AS TO FORM:
By: By:
Maria D. Huizar Kennard R. Smart, Jr.
Clerk of the Council General Counsel
APPROVED AS TO FORM: APPROVAL RECOMMENDED:
c By.
By: Xt,
IA f P )//-/ d.,
Sonia R. Carvalho Ji eX , P.E.
City Attorney E ec ive Director, Capital Programs
Dated
Attachments:
Exhibit A: Funding Plan
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