HomeMy WebLinkAbout06 AMEND 5 W/CA FOR CIP 7130 10-20-09M
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AGENDA REPORT
MEETING DATE: OCTOBER 20, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
Agenda Item 6
Reviewed:
City Manager
Finance Director
FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF AMENDMENT NO. 5 TO COOPERATIVE AGREEMENT NO.
12-238 WITH THE STATE OF CALIFORNIA FOR THE NEWPORT AVENUE
EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT
(CIP NO. 7130)
SUMMARY
On August 3, 1998, the City Council approved Cooperative Agreement No. 12-238 with the State of
California (Caltrans) that outlined the specific areas of responsibility for environmental, design, and
right-of-way exchange/acquisition phases of the Newport Avenue Extension/SR-55 Ramp
Reconfiguration Project (CIP No. 7130). The proposed amendment extends the agreement
termination date to December 31, 2011 from December 31, 2009.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 5 to Cooperative Agreement No.
12-238 with Caltrans for the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP
No. 7130) and authorize the Mayor and City Clerk to execute the document on behalf of the City.
FISCAL IMPACT
There is no fiscal impact associated with this item.
BACKGROUND
Cooperative Agreement No. 12-238 provides coordination between Caltrans and the City for the
Newport Avenue Extension/SR55 Ramp Reconfiguration Project (CIP No. 7130). The Cooperative
Agreement outlines the specific areas of responsibility for environmental, design and right-of-way
exchange/acquisition phases of the project and includes an exchange of property between the City
and Caltrans. The City will receive the property of the former northbound on/off ramp to SR-55 near
Edinger Avenue, and Caltrans will receive the property of the current northbound on/off ramp to SR-
55 that was recently constructed.
The original termination date for Cooperative Agreement No. 12-238 was December 31, 2000.
Previous amendments to the Cooperative Agreement are outlined in the following table.
Previous Agreement Amendments
Amendment # Date Approved b Cit Council Termination Date
1 December 18, 2000 December 31, 2002
2 October 7, 2002 December 31, 2004
3 Janua 3, 2005 December 31, 2007
4 November 6, 2007 December 31, 2009
Amendment No. 5 to Cooperative Agreement No. 12-238 -Newport Avenue Extension/SR55 Ramp
Reconfiguration Project (CIP No. 7130)
October 20, 2009
Page 2
DISCUSSION
The exchange of property between the City and Caltrans will conclude once the City receives title to
the property related to the new freeway improvements constructed as part of the subject project. Title
to the property is expected later this calendar year. The transfer process with Caltrans will take
several months to complete once the City has title to the property. Accordingly, approval of
Amendment No. 5 to extend the termination date to December 31, 2011 is recommended. The City
Attorney has reviewed this amendment and approved it as to form.
5. Stack
rector of Public Works/City Engineer
DSS: DRK: Approval of Amend #5 to Coop Agmt #12-238.doc
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Dana R. Kasdan
Engineering Services Manager
Attachments: Amendment No. 5 to Cooperative Agreement No. 12-238
Location Map
12-ORA-55 PM 9.0/9.5
In Tustin on Route 55
At Edinger Avenue
12209-014301
District Agreement No 12-238 A-5
AMENDMENT NO. 5 TO AGREEMENT
This AMENDMENT NO. 5 TO AGREEMENT, ENTERED INTO EFFECTNE ON
2009, is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE", and
CITY OF TUSTIN
A body politic and a municipal
Corporation of the State of
California, referred to herein as "CITY".
District Agreement No. 12-238- A-5
RECITALS
The parties hereto entered into an Agreement (Agreement No. 12-238, Document No.
14273) on August 3, 1998, said Agreement defining the terms and conditions of a
project to reconstruct the northbound on and off ramps on SR-55 at Edinger Avenue
and real property exchange between STATE and CITY, referred to herein as
"PROJECT".
2. The parties hereto also entered into an Amendment No. 1 to Agreement (Agreement No.
12-238, Document No. 14273) on December 28, 2000, to extend the termination date
from December 31, 2000 to December 31, 2002 to resolve real property exchange
issues.
3. The parties hereto also entered into an Amendment No. 2 to Agreement (Agreement No.
12-238, Document No. 14273) on November 18, 2002, to extend the termination date
from December 31, 2002 to December 31, 2004 to resolve real property exchange
issues.
3. The parties hereto also entered into an Amendment No. 3 to Agreement (Agreement No.
12-238, Document No. 14273) on December 31, 2004, to extend the termination date
from December 31, 2004 to December 31, 2007 to resolve real property exchange
issues.
4. The parties hereto also entered into an Amendment No. 4 to Agreement (Agreement No.
12-238, Document No. 14273) on December 11, 2007, to extend the termination date
from December 31, 2007 to December 31, 2009 to resolve real property exchange
issues.
5. It has been determined that PROJECT will not be constructed and real property
exchanges will not be completed prior to the termination date of said Amendment No.
4.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified in Section III, Article 14 of the original Agreement and
revised under Amendment Nos. 1, 2, 3 and 4 shall now be December 31, 2011 instead
of December 31, 2000.
2. The other terms and conditions of said Agreement 12-238 (Document No. 14273) shall
remain in full force and effect.
3. This Amendment is hereby deemed to be a part of Document No. 14273.
District Agreement No. 12-238 A-5
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
RANDY IWASAKI
Director of Transportation
By:
JIM BEIL
Deputy District Director
CERTIFIED AS TO FUNDS:
District Budget Manager
CITY OF TUSTIN
By:
MAYOR
City of Tustin
APPROVED AS TO FORM:
By:
ATTORNEY
City of Tustin
APROVED:
By:
PAMELA STOKER
City Clerk
DATE:
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