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Home My WebLink About09 CIP 700119 04-06-98DATE: APK[L 6, 1998 NO. 9 4-6-98 I nter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CItY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERInG DMSION AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-93-593, BETWEEN OCTA AND CITIES OF TUSTIN AND SANTA ANA AND COUNTY OF ORANGE FOR THE RECONSTRUCTION OF SEVENTEENTH STREET OVERCROSSING OF SR-55 FREEWAY (C.I.P. NO. 700119) RECOMMENDATION It is recommended that the City Council, at their meeting of April 6, 1998, approve the subject amendment and authorize the Mayor and the City Clerk to execute the subject amendment to the cooperative agreement on behalf of the City of Tustin, subject to the City Attorney's approval. FISCAL IMPACT There is no fiscal impact to the City of Tustin with the approval of this amendment to the cooperative agreement. The City's financial obligation, as well as that of Santa Ana and the County of Orange, is provided under OCTA's Combined Funding Transportation Programs. BACKGROUND The OCTA previously entered into mn agreement with Caltrans to widen the SR-55 Freeway between Seventeenth Street and the SR-22 Freeway. The freeway widening required the reconstruction of the overcrossings on SR-55 at Seventeenth Street, Santa Clara Avenue and Fairhaven Avenue. On February 7, 1994, the City of Tustin executed the cooperative agreement between the Cities of Tustin and Santa Ana, the County of Orange, and the Orange County Transportation Authority (OCTA) to widen the Seventeenth Street overcrossing only. The cooperative agreement specifies that the OCTA is responsible for the entire cost of reconstructing the Seventeenth Street overcrossing to its previous four lane width and the local agencies are responsible for the incremental costs to widen the overcrossing from four to six lanes. On December 5, 1994, the Tustin City Council approved Amendment No. 1 to the cooperative agreement which clarified administrative procedures regarding monthly billings to the local agencies by OCTA and modified the amounts of local agencies' funding for design engineering and for construction. The modification required the local agencies to pay more for construction costs and less for design. The change in the fund apportionment was required due to the unanticipated delays in executing the original agreement. The delay precluded the local agencies from utilizing federal funding for the design costs. As in the original agreement, Amendment No. 1 did not change the total financial obligation for the local agencies. DISCUSSION The purpose of Amendment No. 2 is to update the overcrossing cost shares for the cities and County so that the final invoice will be based on the actual construction contract unit prices which are less than the original estimate. Total funding for the cities' and the County's share is still being provided through the Combined Transportation Funding Programs. Again, as in the original agreement, the funding includes $110,830 in Growth Management Area Funds and $972,170 in federal Surface Transportation Funding. Tim D. Serlet Director of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer TDS:NM:klb/COUNCIL: Coop Agreement 17t~ St. Wisam Altowaiji Associate Civil Engineer 'Z- 133~1S ¥SO~30NOd ~AI~O ~3.LN3D 3'1~30N3 o 'r O : W UJ Z W LU tlJ >, 0 0 n AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-93-593 BETVVEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA AND CITY OF TUSTIN AND COUNTY OF ORANGE FOR RECONSTRUCTION OF 17TH STREET OVERCROSSING THIS AMENDMENT NO. 2 is made and entered into this day of , 1998 by and between the Orange County Transportation Authority, ("AUTHORITY"), the City of Santa Aha and the City of Tustin ("CITIES"), and the County of Orange, ("COUNTY"). RECITALS: WHEREAS, by Cooperative Agreement No. C-93-593 dated November 30, 1993, AUTHORITY; CITIES, and COUNTY entered into a contract to establish the responsibilities and cost sharing for the final design and reconstruction of the 17th Street overcrossing (hereinafter referred to as "OVERCROSSING") as part of the Route 55 project between 17th Street and Route 22 (hereinafter referred to as "PROJECT"); and WHEREAS, AUTHORITY, CITIES, and COUNTY approved Amendment No. 1 to Cooperative Agreement C-93-593 on March 21, 1995 to clarify the procedures for invoicing and payment of cost shares for OVERCROSSING and to extend the term of the Agreement for an additional year; and WHEREAS, construction of PROJECT and OVERCROSSING is substantially complete and pursuant to Article 4. ("PROJECT AND OVERCROSSING COST SHARES"), paragraph D, the parties now desire to update the cost shares for OVERCROSSING based on the actual construction contract unit prices; / L.',CAMM~CIRICAL\WORDI=ROC~AG~E=-~AMEND~AM23593 DOC Page 1 of 5 AMENDMENT NO. 2 TO AGREEMENT NO. C-93-593 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 ~P CF.KO:C NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY, CITIES and COUNTY that Agreement No. C-93-593 is hereby amended in the following particulars only: 1. Amend Article 3. MUTUAL AGREEMENTS, to make the following changes: a. On Page 6, delete paragraph D in its entirety and in lieu thereof insert the following: D. Upon substantial completion of OVERCROSSING and PROJECT, AUTHORITY will provide CITIES and COUNTY' a final invoice for the cost of OVERCROSSING final engineering design, construction and construction management. Said final invoice will be based on actual construction contract unit prices and engineer's estimate quantities for CITIES' and COUNTY's portion of OVERCROSSING construction. Final invoice will include an amount for construction management calculated as 12.5 percent of OVERCROSSING construction cost. Final invoice will be subject to the limit set forth in Section 4 of this Agreement. b. On Page 6, delete paragraph E in its entirety and in lieu thereof insert the following: E. This agreement may be amended to revise the cost limits set ~orth in Section 4 to reflect significant changes in OVERCROSSING costs due to claims and changes that may occur after substantial completion but before final acceptance of PROJECT by CALTRANS. 2. Amend Article 4. PROJECT AND OVERCROSSING COST SHARES, as last changed by Amendment No. 1, Pages 8 and 9, to delete Article 4 in its entirety and in lieu thereof insert the following revised Article 4: / / / / ERICALtWORDPROC~AGREE~AM ENO~AM23593 DOC Page 2 of 5 . AMENDMENT NO. 2 TO AGREEMENT NO. C-93-593 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 '24 25 26 PROJECT AND OVERCROSSING COST SHARES AUTHORITY, CITIES, and COUNTY agree to the following cost sharing responsibilities for PROJECT and OVERCROSSING: A. The total cost shares for PROJECT and OVERCROSSING summarized below. These cost shares are stated in current dollars. are Construction Final Engineering Design Construction Management TOTALS CITES and Total Project AUTHORITY' COUNTY Costs $ 16,911,989 $ 704,456 $ 17,616,445 $ 2,454,750 $ 5,750 $ 2,460,500 $ 2,411,943 $ 88,057 $ 2,500.000 $ 21,778,682 $ 798,263 $ 22,576,945 Cost shares for construction, final engineering design, and construction management are attributed 1) to AUTHORITY based upon the current PROJECT construction contract costs and final design contract with consultant (excluding the cost to widen OVERCROSSING from four to six lanes) and 2) to CITIES and COUNTY based upon the current cost to widen OVERCROSSING from four to six lanes. The current costs for PROJECT and OVERCROSSING are shown in Attachment E (revised) to this Agreement. The cost shares for OVERCROSSING were derived from the final engineers estimate quantities and the actual construction contract: unit prices. B. The total costs for CITIES and COUNTY of final engineering design, construction, and construction management for CITIES and COUNTY shall not exceed $798,263 without a written amendment signed by all parties to this Agreement. C. Billing to City of Santa Ana for project payments made to PROJECT consultants and contractors will be prorated to AUTHORITY, CITIES, and COUNTY based on the percentage cost shares shown in Attachment E. Page 3 of 5 AMENDMENT NO. 2 TO AGREEMENT NO, C-93-593 D. Final billing to City of Santa Ana for project payments made to PROJECT consultants and contractors will be based on the construction cost shown in Attachment D (revised) and the cost shares shown'in Attachment E (revised). E. Cost shares for contract change orders will be evaluated individually. Their allocation will be I~ased on the contract change order's association with the AUTHORITY's, CITIES' or COUNTY's portion of OVERCROSSING. Costs associated with contract change orders will be shown separately on invoices and allocated appropriately. 3. Amend Attachment C (Revised), "Route 55 Widening Project, 17th Street to Route 22, Estimate of Escalated Costs", to delete tl-ie attachment in its entirety. 4. Amend Attachment D, "Intermediate Design Estimate Date July 29, 1992," to delete the attachment in its entirety and in lieu thereof insert Attachment D (revised), "Route 55 Widening Project, 17th Street to Route 22, 17th Street Overcrossing Cost Estimate," which is attached to this Amendment as Attachment I and, by this reference, incorporated into and made a part of the Agreement. 5. Amend Attachment E, "Route 55 Widening Project, 17th Street to Route 22, Estimate of Cost Shares," to delete the attachment in its entirety and in lieu thereof insert Attachment E (revised), "Route 55 Widening Project, 17th Street to Route 22, Estimate of Cost Shares," which is attached to this Amendment as Attachment 2 and, by this reference, incorporated into and made a part of the Agreement. / / / / / Page 4 of 5 AMENDMENT NO. 2 TO AGREEMENT NO. C-93-593 : ~-'N ~_~ ATI-EST: . :tO' ~.,~i~ Clerk, Santa Ana/ (~/ i 11 APPROVED AS,TO FORM: z2 By ~ ]3 ~ City Attorney, Santa Ana z4 COUNTY OF ORANGE 15 16 17 The balance of said Agreement remains unchanged. This Amendment No. 2 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-93-593 to be executed on the effective date above written. ORANGE COUNTY TRANSPORTATION AUTHORITY James W. Silva, Chairman Board of Supervisors 18 19 20 21 22 By SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By Darlene J. Bloom Clerk of the Board By Corey Creasey Section Manager, Procurement APPROVED AS TO FORM: By Kennard R. Smart General Counsel CITY OF TUSTIN BY Mayor ATTEST: By City Clerk, Tustin APPROVED AS TO FORM: By City Attorney, Tustin 23 APPROVED AS TO FORM 24 By 25 Deputy County Counsel DP-CF:K0:C,~ L:~CAM~.~ CL ~R[CAL~WO RDPROC~AGREE',AMEND~AM23593.DO~ Page 5 of 5 333 3 3 oF.F. Z ROUTE 55 WIDENING PROJECT 17th Street to Route 22 Estimate of Cost Shares November 1997 AUTHORITY Construction Final Engineering Design Construction Management Subtotal CITIES AND COUNTY Construction Final Engineering Design Construction Management Subtotal ATTACHMENT 2 TO AMENDMENT NO. 2 TO AGREEMENT NO. C-93-593 Attachment E (revised) Current Cost Costs shams $16,911,989 96.00% $2,454,750 99.77% $2.411.943 96.48% $21,778,682 $704,456 4.0O% $5,750 0.23% $88.057 3.52% $798,263 Notes: 1. Construction amounts are based on actual contract unit prices 2. Construction costs include 5% contingency 593SHARE.XLS