HomeMy WebLinkAbout11 APPROVE AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-8-0863• Agenda Item 11
AGENDA REPORT Reviewed.'
.~,,,~~ City Manager
Finance Director
MEETING DATE: JULY 6, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-8-0863
WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR RAIL
CROSSING SAFETY ENHANCEMENTS AT THE RED HILL AVENUE RAILWAY
CROSSING (CIP 40069)
SUMMARY
The Orange County Transportation Authority (OCTA) is currently administering construction of the
Rail-Highway Crossing Safety Enhancements and Safety Measures Related to Quiet Zone
Implementation at the Red Hill Avenue railway crossing. Work is proceeding under Cooperative
Agreement No. C-8-0863 between the City of Tustin and the OCTA. Amendment No. 1 to the
Agreement will extend the term of the agreement.
RECOMMENDATION
It is recommended the City Council:
Approve Amendment No. 1 to Cooperative Agreement No. C-8-0963 with the Orange
County Transportation Authority for Rail-Highway Crossing Safety Enhancements and
Safety Measures Related to Quiet Zone Implementation at the Red Hill Avenue railway
crossing, and
2. Authorize the Mayor and City Clerk to execute the document on behalf of the City.
FISCAL IMPACT
The cost of the project is estimated to be $2,559,651. The City is responsible fora 12% share of
the construction cost and adequate funds are available in the Fiscal Year 2010-2011 Capital
Improvement Program Budget (CIP 40069).
DISCUSSION /BACKGROUND
On September 2, 2008, the City Council approved Cooperative Agreement No. C-8-0863 which
authorized the OCTA to proceed with design and construction of safety enhancements at the Red
Hill Avenue railway crossing. Upon completion of the safety enhancements, the City will file a
Notice of Establishment of a Quiet Zone with the Federal Rail Authority. Amendment No. 1 to this
cooperative agreement will extend the completion date of the agreement from December 31, 2009
to August 31, 2012. This completion date applies to all 52 railway crossings in the OCTA
countywide contract. It is estimated that the Red Hill Avenue safety enhancements will be
completed in late summer or early fall of this year.
Amendment No. 1 to Cooperative Agreement No. C-8-0863
July 6, 2010
Page 2
The extension of this agreement is a result of negotiations between the OCTA and its contractor.
The City Attorney has reviewed the amendment and approved it as to form.
f~ ~~.
D u as; .Stack, P.E. Dana asdan, P.E.
Dike tpr,of Public Works/City Engineer Engineering Services Manager
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Attachments: location Map
Amendment No. 1 to Cooperative Agreement No. C-8-0863
S:\City Councl Items~2010 Council ItemsWpproval of Amendment No. 1 to Coop. Agmt. No. C-8-0863.docx
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r AMENDMENT NO. 1 TO
2 AGREEMENT NO. C-8-0863
a BETWEEN
a ORANGE COUNTY TRANSPORTATION AUTHORITY
s AND
6 CITY OF TUSTIN
~ FOR
s RAIL-HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS
9 AND
ro SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES
ii THIS AMENDMENT NO. 1 is made and entered into this day of
i2 2010, by and between the Orange County Transportation Authority ("AUTHORITY"), and the City of
i3 Tustin ("CITY").
is WITNESSETH:
is WHEREAS, by Agreement No. C-8-0863 dated November 10, 2008, AUTHORITY and
i6 CITY entered into a cooperative agreement for rail highway grade crossing safety enhancements
17 and safety measures related to quiet zone implementations; and
is WHEREAS, AUTHORITY and CITY agree to extend the term of the Agreement for an
i9 additional thirty-two (32) months to allow time for construction delays, with no increase in the
20 maximum cumulative payment obligation;
21 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that
22 Agreement No. C-8-0863 is hereby amended in the following particulars only:
~ Amend ARTICLE 9. ADDITIONAL PROVISIONS, paragraph B. Term of Agreement,
2a Pages 10 and 11 of 13, to delete "December 31, 2009" and in lieu thereof insert "August 31,
2s 2012."
26 ~
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-8-0863
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The balance of said Agreement remains unchanged.
Upon execution by both parties, this Amendment No. 1 shall be made effective on January 1,
2010.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. C-8-0863 to be executed on the effective date above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Jerry Amante
Mayor
ATTEST:
gy:
Pamela Stoker
City Clerk
APPROVED S TO FORM:
By: ~~~
Doug as Holland
City Attorney
Date: a~• ~~• Yr9~o
By
Carolina Coppolo
Manager, Contracts and Procurement
APPROVED AS TO FORM:
sy
Kennard R. Smart, Jr.
General Counsel
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