HomeMy WebLinkAbout04 AMENDMENT 2 TO C-8-0863 -RAIL CROSSING SAFETY ENHANCEMENTS AT RED HILL AVE RAILWAY CROSSINGAGENDA REPORT Reviedweldm 4
City Manager
Finance Director /A
MEETING DATE: FEBRUARY 5, 2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: APPROVE AMENDMENT NO. 2 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. 2 to the
Agreement will extend the term of the agreement as requested by the OCTA for final project
closeout purposes.
RECOMMENDATION
It is recommended the City Council:
Approve Amendment No. 2 to Cooperative Agreement No. C -8 -0863 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 final project cost is estimated to be $2,699,858. Pursuant to the agreement, the City is
responsible for a 12% share of the construction cost. To date, the City has expended $301,983. A
total of $113,533 has been budgeted in the Fiscal Year 2012 -2013 Capital Improvement Program
(CIP 40069) for final invoicing, now estimated at approximately $22,000.
BACKGROUND /DISCUSSION
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. Approved July 6, 2010, Amendment No. 1 to this cooperative
agreement extended the completion date of the agreement from December 31, 2009 to August 31,
2012. Upon substantial completion of the safety enhancements at Red Hill, the City filed a Notice
of Establishment of a Quiet Zone with the Federal Rail Authority effective March 24, 2011.
The countywide project is now coming to a close and in order to allow for final project closeout, the
OCTA has requested that Amendment No. 2 be executed to extend the completion date from
Amendment No. 2 to Cooperative Agreement No. C -8 -0863
February 5, 2013
Page 2
August 31, 2012 to June 30, 2013. The new completion date applies to all 52 railway crossing in
the OCTA countywide contract and will allow the OCTA to reconcile final project expenditures and
associated invoicing for signal materials installed and work performed by Southern California
Regional Rail Authority's (Metrolink) contractors.
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.
Stack, P.E.
Public Works /City Engineer
Attachment: Amendment No. 2 to Cooperative Agreement No. C -8 -0863
S: \City Council Itemst2013 Council Items\ Approval of Amendment No. 2 to Coop. Agmt. No. C- 8- 0863.docx
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AMENDMENT NO. 2 TO
AGREEMENT NO. C -8 -0863
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF TUSTIN
FOR
RAIL - HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS
AND
SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES
THIS AMENDMENT NO. 2 is made and entered into this day of
2012, by and between the Orange County Transportation Authority, ( "AUTHORITY "), and the City of
Tustin ( "CITY ").
WITNESSETH:
WHEREAS, by Agreement No. C -8 -0863 dated November 10, 2008, as previously changed
by Amendment No. 1 dated July 6, 2010, AUTHORITY and CITY entered into a cooperative
agreement for the rail highway grade crossing safety enhancements and safety measures related to
quiet zone implementations; and
WHEREAS, AUTHORITY and CITY agree to extend the term of the agreement for ten (10)
months to June 30, 2013 to allow for project closeout; and
NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C -8 -0863 is
hereby amended in the following particulars only:
1. Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 10 of 13, Paragraph B, as last
amended by Amendment No. 1 to delete "August 31, 2012 ", as the expiration date of the Agreement
and in lieu thereof, insert "June 30, 2013 ".
The balance of Agreement No. C -8 -0863 remains unchanged.
AMENDMENT NO. 2 TO
AGREEMENT NO. C -8 -0863
This Amendment shall be made effective upon execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to
Agreement No. C -8 -0863 to be executed on the date first above written.
CITY OF TUSTIN ORANGE COUNTY TRANSPORTATION AUTHORITY
Bv:
Elwyn A. Murray
Mayor
ATTEST:
By:
Jeffrey C. Parker
City Clerk
Bv:
David E. Kendig
City Attorney
Date:
By:
Meena Katakia
Manager, Capital Projects
APPROVED AS TO FORM:
By:
Kennard R. Smart,
General Counsel
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