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Home My WebLink About14 AMEND 4, NEWPORT AVE EXT (CIP 7130) 11-06-07Agenda Item -~! Reviewed: AGENDA City Manager REPORT Finance Director MEETING DATE: NOVEMBER 6, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 14 SUBJECT: APPROVAL OF AMENDMENT NO. 4 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 The proposed amendment to Cooperative Agreement No. 12-238 between the City of Tustin and the State of Califomia (Caltrans) extends the agreement termination date to December 31, 2009 from December 31, 2007. The Cooperative Agreement is for the environmental, design and right- of-way phases of the Newport Avenue Extension / SR 55 Ramp Reconfiguration Project (CIP No. 7130). RECOMMENDATION It is recommended that the City Council approve Amendment No. 4 to Cooperative Agreement No. 12-238 with the State of Califomia (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT Funds to accomplish the work designated as Tustin's responsibilities in the subject agreement are funded within the current CIP No. 7130 budget. This project is funded from a combination of Measure "M" Tumback funds, Measure "M" Competitive funds, Gas Tax funds, Capital Improvement Program funds, Water Capital Improvement Program funds, Developer Bond funds, Developer Cash Payment funds, and Tustin Community Redevelopment Agency-South Central funds. BACKGROUND Cooperative Agreement No. 12-238 provides coordination between the State of California and the City for the Newport Avenue Extension/SR55 Ramp Reconfiguration Project (CIP 7130). The Cooperative Agreement outlines the specific areas of responsibility for environmental, design and right-of--way exchange/acquisition phases of the project. Approval of Amendment No. 4 to Cooperative Agreement No. 12-238 with the State of California for the Newport Avenue Extension/SR55 Ramp Reconfiguration Project (CIP No. 7130) November 6, 2007 Page 2 A separate Cooperative Agreement (Agreement No. 12-367) to cover responsibilities and funding for the construction phase of this project was approved by the City Council on September 15, 2003 and by Caltrans on November 10, 2003. On March 20, 2006, the City Council approved an amendment to extend the termination date of that agreement from December 31, 2005 to December 31, 2008. DISCUSSION The original termination date for Cooperative Agreement No. 12-238 was December 31, 2000. On December 18, 2000, the City Council approved Amendment No. 1 to Cooperative Agreement No. 12-238 which extended the termination date to December 31, 2002. On October 7, 2002, the City Council approved Amendment No. 2 which extended the termination date to December 31, 2004. On January 3, 2005, the City Council approved Amendment No. 3 which extended the termination date to December 31, 2007. At that time, it was anticipated, that the design, environmental and right of way acquisition phases would be completed by that date. Additionally, the agreement needs to be active throughout construction so that the future excess Caltrans right-of--way can be transferred to the City of Tustin. This transfer will not occur until the project construction is completed and accepted by Caltrans. Construction is anticipated to be completed in March 2008. Accordingly, approval of Amendment No. 4 to extend the termination date to December 31, 2009 is recommended. The City Attorney has reviewed this amendment and approved it as to form. Tim D. Serlet Director of Public Works/City Engineer . G~i~C./ Dana R. Kasdan Engineering Services Manager TDS: DRK: Approval of Amend #4 to Coop Agmt #12-238.doc Attachments: Amendment No. 4 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-4 AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT This AMENDED AGREEMENT, ENTERED INTO EFFECTIVE ON , 2007, 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-4 RECITALS 1. 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. 142'73) 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, 200? to resolve real property exchange issues. 4. 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. 3. 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 and 3 shall now be December 31, 2009 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. STATE OF CALIFORNIA Department of Transportation Will Kempton Director of Transportation By: JIM BE1L Deputy District Director Capital Outlay APPROVED AS TO FORM AND PROCEDURE: By: Attorney Department of Transportation CERTIFIED AS Tb FINANCIAL TERMS AND POLICIES: By: Accounting Administrator CERTIFIED AS TO FUNDS: By: District Project Control Officer District Agreement No. 12-238 A-4 CITY OF TUSTIN By: Mayor Attest: Pamela Stoker City Clerk APPROVED AS TO FORM: By: A to y City Tustin _z O F-- U J V 0 z ~~ _,__ 4 /',' ~~/ i //' i' Jam, ,~ ~ ~~ a, ~~'` ~ / j-" ~~;; y ,~ ~' ~ P °~ / / `~~ ~- ~ i ` ~ ~ ? i ~ J Y / ~ ~ / r ~ ~~ i ~ i~ ///' ~i ii ~ ~ ~~~~ ~/ ~~: C_ ~' ~ j~ ~~ P Z ry / ~ ; ~ ~ ~ "~ -~~/ a U ~j ~~ i a ~/ , i ,/ b ~ ~ ~' ®. ~ P y ~' ~ Lb )v ~ ~a //. ~~\~ ~v ~~ / ' O~ n J </ ~~ ~, - o ~d o „_„~, .. y ~s ,~~~~ ,,, ~is a~oe s'~ ~ dSJ a 6s ~~ b~ ~ ~ s'p w ~ J ~ ~~J Z N ~ V' w ~ a ' QI 0~~~ :. ~ / ~- ` ' ;; - ., ~v~ 1I // C`. `~". ~z U ~ W ~ ~ Q O U ~ O ~ ~ b )jry \~d~ 6~'~~ ~~~ ~C,l,,,, V'p swo ~~~J ~~ W ~J 4 0 /'Z LL ~/ O F- O w m 0 z ,I V / \W I- W Z Q Z W d.