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Home My WebLink About11 NEWPORT/SR-55 RECNF 03-20-06 AGENDA REPORT MEETING DATE: MARCH 20, 2006 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO. 12-367 (CONSTRUCTION) 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. 12-367 between the City of Tustin and the State of California (Caltrans) extends the agreement termination date to December 31, 2008. Cooperative Agreement No. 12-367 is for the construction phase of the Newport Avenue Extension / SR 55 Ramp Reconfiguration Project (CIP No. 7130). RECOMMENDATION It is recommended that the City Council approve Amendment No.2 to Cooperative Agreement No. 12-367 with the State of Califomia (Caltrans) and authorize the Mayor and City Clerk to execute the document on behalf of the City. FISCAL IMPACT The Capital Improvement Program (CIP) for Fiscal Year 2005-2006 provides $16,219,936 for construction and contract administration for Phase I of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening Project (CIP No. 7130). This project is funded from a combination of Measure "M" Turnback funds, Measure "M" Competitive 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. 12-367 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 the construction phase of the project. Approval of Amendment No.2 to Cooperative Agreement No. 12-367 (Construction) with the State of California for the Newport Avenue Extension/SR55 Ramp Reconfiguration Project (CIP No. 7130) March 20, 2006 Page 2 A separate Cooperative Agreement (Agreement No. 12-238) to cover responsibilities and funding for the environmental, design and right-of-way phases of this project was approved by the City Council on August 3, 1998 and by Caltrans on October 15, 1998. Subsequent amendments have been approved by both parties that extended the termination date to December 31, 2007. DISCUSSION Cooperative Agreement No. 12-367 was approved by the City Council on September 15, 2003 and by Caltrans on November 10, 2003. On January 3, 2005, Amendment No.1 was approved to address Caltrans' request to add project surveying and survey monumentation requirements. Amendment No.2 extends the termination date of the Cooperative Agreement to December 31, 2008. This should more than accommodate the current construction activities for the project which are scheduled for completion in early 2008. The City Attorney has reviewed this amendment and approved it as to form. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager TDS: DRK: CCG: Coop Agmt 367amendment#2.doc Attachments: Amendment No.2 to Cooperative Agreement No. 12-367 Location Map 12-0RA-55 PM 9.0/9.5 In Tustin on State Route 55 At Edinger Avenue 12209 - 014301 District Agreement No. 12-367 A-2 AMENDMENT NO.2 TO AGREEMENT THIS AMENDMENT NO. 2 TO AGREEMENT, entered into effective on ,2006, 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 RECITALS 1. The parties hereto entered into an Agreement (Document No. 015701) on November 10, 2003, said Agreement defining the terms and conditions for construction and contract administration of a project to reconstruct the northbound on and off ramps on SR 55 at Edinger Avenue, referred to herein as PROJECT. 2. The parties hereto also entered into an Amendment No.1 to Agreement on January 3, 2005, to add clauses for surveying and to assure that surveying, mapping, and monumentation for PROJECT will conform to STATE's latest standards. 3. The purpose of this Amendment No.2 to Agreement is to extend the termination date from December 31, 2005, to December 31,2008, to allow completion of construction activities. IT IS THEREFORE MUTUALLY AGREED 1. The termination date specified in Section III, Article 29 of the original Agreement shall now be December 31, 2008, instead of December 31,2005. 2. All other terms and conditions of said Agreement No. 12-367 (Document No. 015701) and Amendment No.1 to Agreement shall remain in full force and effect. 3. This Amendment No.2 to Agreement is hereby deemed to be part of Document No. 015701. STATE OF CALIFORNIA Department of Transportation CITY OF TUSTIN WILL KEMPTON Director of Transportation Attorney Department of Transportation By: Doug Davert Mayor By: Pamela Stoker City Clerk APPROVED AS TO FORM: By: t:~ Átto ey - City fTustin By: JIM BElL Deputy District Director Capital Outlay Program APPROVED AS TO FORM AND PROCEDURE: By: CERTIFIED AS TO FINANCIAL TERMS AND CONDITION By: Accounting Administrator CERTIFIED AS TO FUNDS By: District Budget Manager z 0 ~ ::::> 0 iI z 8 w II: Il.. ::i: ~ 0 z ð m ~ 0 z ~ l2 I II: rn i ~ 0 ~ w z LÜ ::i: « z ~ ~ Il..