HomeMy WebLinkAboutC-4600 - MOU No. C-0-1306 for Project Study Report/Project Development Support for State Route 55 (SR 55) Extension from 19th Street to Industrial Way1
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-0 -1306
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF COSTA MESA
AND
CITY OF NEWPORT BEACH
AND
CITY OF HUNTINGTON'BEACH
PROJECT STUDY REPORT /PROJECT DEVELOPMENT SUPPORT FOR STATE ROUTE 55
EXTENSION FROM 19TH STREET TO INDUSTRIAL WAY
THIS AMENDMENT NO. 1 is effective this day of 2012, by and
between the Orange County Transportation Authority ("AUTHORITY") and the City of Costa Mesa; the
City of Newport Beach, and the City of Huntington Beach, hereinafter referred to collectively as
"AGENCIES" or individually as "AGENCY'.
WITNESSETH:
WHEREAS, by Agreement No. C-0-1306 dated August 10, 2010, AUTHORITY, Caltrans and
AGENCIES entered into an Agreement to establish roles, responsibilities, and processes for the SR -55
Expansion Project Study Report/Project Development Support (PSR/PDS) project, hereinafter referred
to as "PROJECT"; and
WHEREAS, due to budgetary constraints Caltrans will not be providing review services for
PROJECT;
WHEREAS, Caltrans wishes to cease participation in the Agreement and has requested all
references to Caltrans be removed from the Agreement; and
WHEREAS, Caltrans had not signed the original Agreement; and
WHEREAS, AUTHORITY and AGENCIES agree to extend the term of the Agreement for an
L:C,M%CLE ICAUCLEMCALNWORDPROCV GREEV &iENDNM1013M.Ea
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AMENDMENT NO. 1 TO
AGREEMENT NO. C- 0-1306
1 additional twelve (12) months to allow for continuation of the development and refinement of
2 transportation improvement strategies identified for the SR -55 /Newport Boulevard Corridor at no
3 increase to the AUTHORITY S maximum cumulative obligation; and
4 NOW, THEREFORE, it is mutually understood by AUTHORITY and AGENCIES that
5 Agreement No. C-0 -1306 is hereby amended in the following particulars only:
6 1. Amend TERM OF AGREEMENT, page 5 of 8, line 5, to delete "June 30, 2012" as the
7 expiration date of the Agreement, and in lieu thereof insert "June 30, 2013."
8 I 2. Amend page 1 of 8, lines 4 and 5, to delete "AND CALIFORNIA DEPARTMENT OF
9 I TRANSPORTATION".
10 3. Amend page 1 of 8, lines 16 and 17, to delete "and California Department of
11 Transportation, (Caltrans) ".
12 4. Amend page 2 of 8, line 6 to delete "Caltrans and ".
13 5. Amend page 3 of 8, lines 18 and 19, to delete in it's entirety.
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-0 -1306
The balance of said Agreement remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. C -0 -1306 to be executed on the effective date first above written.
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY
M5
Tom Hatch
City Chief Executive Officer
ATTEST:
M
Christine Cordon
Acting Deputy City Clerk
APPROVED AS TO FORM:
Thomas Duarte
City Attorney
0
Meena Katakia
Manager, Capital Projects
APPROVED AS TO FORM:
By:
i
Kennard R. Smart, Jr.(----.)
General Counsel
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LCamm\ CLERICAL\ CLERICAL \W OROPROC\AG REEIAMEND" 101306.doc
AMENDMENT NO. 1 TO
AGREEMENT NO. C -0 -1306
1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
2 Agreement No. C -0 -1306 to be executed on the effective date first above written.
3 CITY OF NEWPORT BEACH
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5 By: z— —4--'1-4
V
6 Dave Kiff
City Manager
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ATTEST:
8
��� o�
By: / r � m.
lo Leilanl I. Brown
11 City Clerk
12 APPROVED ASiTO I IFORM:
13
14 By : - -�\
15 Aaron C. Harp rr,
City Attorney
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MEMORANDUM OF UNDERSTANDING NO. C -0 -1306
BY AND BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CALIFORNIA DEPARTMENT OF TRANSPORTATION
AND
CITY OF COSTA MESA
AND
CITY OF NEWPORT BEACH
AND
CITY OF HUNTINGTON BEACH
PROJECT STUDY REPORT /PROJECT DEVELOPMENT SUPPORT FOR STATE ROUTE 55
EXTENSION FROM 19TH STREET TO INDUSTRIAL WAY
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "MOU ") is entered by
and between the Orange County Transportation Authority, (hereinafter referred to as "AUTHORITY'),
the City of Costa Mesa, the City of Newport Beach, the City of Huntington Beach, and California
Department of Transportation, (Caltrans) hereinafter referred to as the "AGENCIES" or "AGENCY'.
WHEREAS, AUTHORITY as the County Transportation Commission (CTC) and Regional
Transportation Planning Agency (RTPA) for Orange County is responsible for the development of
projects and strategies that will help relieve traffic congestion and increase mobility within Orange
County;
WHEREAS, the AUTHORITY in association with the City of Costa Mesa previously completed
the State Route 55 Access Study that included an assessment of potential transportation improvement
alternatives, along and adjacent to the Costa Mesa Freeway (SR -55) /Newport Boulevard Corridor (from
the terminus of SR- 55 to Industrial Way), within the City of Costa Mesa;
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MEMORANDUM OF UNDERSTANDING NO. C -0 -1306
1 WHEREAS, pursuant to its approved Fiscal Year 2009 -2010 budget, the AUTHORITY will
2 engage in procurement, initiation, and development of a Project Study Report/Project Development
3 Support (PSR/PDS) for SR -55 /Newport Boulevard from 19' Street to Industrial Way, to further refine
4 alternative improvement strategies identified in the SR -55 Access Study for ultimate CALTRANS
5 review and approval;
6 WHEREAS, CALTRANS and the Cities of Costa Mesa, Newport Beach, and Huntington Beach
7 have a shared interest with the AUTHORITY in the further development and refinement of
8 transportation improvement strategies identified for the SR -55 /Newport Boulevard Corridor;
9 WHEREAS, the PSR/PDS will include refinement of the SR -55 Access Study, the
10 AUTHORITY's Board of Directors (BOD) approved reduced set of alternative strategies — including
11 Alternative 1 - No -Build /Baseline Condition; Alternative 3 - Transportation System Management (TSM)
12 Improvements; Alternative 5 - Partially grade separated intersections at 19" and 17th Street; and
13 Alternative 7 - Cut/Cover tunnel expressway between 19'h Street and Industrial Way; and.
14 WHEREAS, the AUTHORITY and the City of Costa Mesa have entered into a separate
15 Cooperative Agreement (No. C -9 -0385) for the funding of the SR -55 PSR/PDS which will allow up to
16 $1,000,000 in Regional Surface Transportation (RSTP) funds, plus an 11.47% city funded local match
17 to be expended on the PSR/PDS. Expenditures for the PSR/PDS will commence upon the
18 AUTHORITY's issuance of a Notice to Proceed (NTP).
19 WHEREAS, AUTHORITY and AGENCIES desire to enter into this MOU to demonstrate their
20 commitment to improving transportation opportunities for Orange County and to develop and implement
21 the SR -55 Expansion PSR/PDS project.
22 NOW, THEREFORE, the parties enter into the following Memorandum of Understanding with
23 respect to the matters set forth herein:
24 1. The AUTHORITY will manage and facilitate completion of the PSR/PDS (all transportation
25 related) components of the project. The City of Costa Mesa, based upon BOD direction, will manage
26 and facilitate a public outreach and business impact assessment to ascertain the potential community
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MEMORANDUM OF UNDERSTANDING NO. C-0-1306
1 and economic impacts associated with implementation of the various improvement alternatives.
2 2. AUTHORITY shall assist in building consensus among the AGENCIES with respect to the
3 required services for the PSR/PDS.
4 3. AUTHORITY and AGENCIES agree to work closely together throughout the PSR/PDS process
s to provide technical input, applicable planning /utility data, constructive and agency appropriate
6 feedback with respect to all documents, products and deliverables developed and associated with the
7 PSR/PDS.
s 4. AUTHORITY and AGENCIES agree to review and provide comment on all documents,
9 products, and deliverables associated with the PSR/PDS, within in a timely fashion, and agree to abide
10 by the project review timeline as will be established by the project schedule.
11 5. The AUTHORITY and AGENCIES agrees to cooperate and coordinate with all other parties,
12 their staff, contractors, consultants, vendors, in providing the services and responsibilities required
13 under this MOU to the extent practicable with respect to the performance of the PSR/PDS.
14 6. The AUTHORITY and AGENCIES agree to work together in goad faith, using reasonable efforts
15 to resolve any unforeseen issues and disputes arising out of the performance of this MOU.
16 7. The AUTHORITY and AGENCIES shall designate a lead person for liaison among the
v AGENCIES.
1s 8. Caltrans, as the agency with ultimate signature authority, agrees to provide sufficient oversight,
19 review, and input with respect to this work effort including all products, documents, and deliverables.
20 9. The signatories agree in good faith to provide the resources necessary to implement the
21 provisions of the MOU. Nothing in this MOU shall be construed, however, as obligating the signatories
22 to expend funds, or for the future payment of money.
23 10. AUTHORITY and AGENCIES agree to defend, indemnify and hold harmless the other parties,
24 their Officers, agents, elected officials, and employees, from all liability, claims, losses and demands,
25 including defense costs and reasonable attorneys' fees, whether resulting from court action or
26 otherwise, arising out of the acts or omissions of the defending party, its officers, agents, or employees,
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MEMORANDUM OF UNDERSTANDING NO. C -0 -1306
in the performance of the MOU. When acts or omissions of one party are directed by another party, the
parry directing the acts or omission shall owe this defense and indemnity obligation to the AGNECY
following the directions. The provisions of this paragraph shall survive termination of this MOU.
11. This MOU shall be governed by all applicable federal, state, and local laws. The parties
warrant that in the performance of this MOU, each shall comply with all applicable federal, state and
local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated there
under.
12. This MOU may only be modified or amended upon written mutual consent of all parties. All
modifications, amendments, changes and revisions of this MOU in whole Or part, and from time to time,
shall be binding upon the parties, so long as the same shall be in writing and executed by the
AGENCIES.
13. This MOU, including all exhibits and documents incorporated herein and made applicable by
reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the
agreement between the parties and it supersedes all prior representations, understandings and
communications. The invalidity in whole or part of any term or condition of this MOU shall not affect the
validity of the other term(s) or condition(s).
14. Any Party may withdraw from this MOU upon 30 days written notice to the other.
15. Each party shall be excused from performing its obligations under this MOU during the time
and to the extent that it is prevented from performing by an unforeseeable cause beyond its control,
including but not limited to: any incident of fire, flood; acts of God; commandeering of material,
produces, plants or facilities by federal, state or local government; national fuel shortage; or a material
act or omission by any other party; when satisfactory evidence of such cause is presented to the other
parties, and provided further such nonperformance is unforeseeable, beyond the control and is not due
to the fault or negligence of the party not performing.
16. Any notice sent by first class mail, postage paid, to the address and addressee, shall be
deemed to have been given when in the ordinary course it would be delivered. The representatives of
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MEMORANDUM OF UNDERSTANDING NO. C-0-1306
the parties who are primarily responsible for the administration of this MOU, and to whom notices,
demands and communications shall be given are as detailed in Attachment A. If there are any changes
in the names and/or addresses listed in Attachment A, the party desiring to make such changes shall
give a written notice to the other respective parties within five (5) days of such change.
17. This MOU shall continue in full force and effect through June 30, 2012 unless terminated
earlier by AUTHORITY. The parties may elect to extend the term of this MOU. The term of the MOU
may only be extended upon mutual written agreement by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this MOU No. 0-1306 to be executed on
the date first above written.
CITY OF COSTA MESA
By
Allan Roeder
City Manager
ATTEST:
By
Julie Folick
City Clerk
APPROVED S TO FORM:
By
Kimberly Hall Barlow
City Attorney
ORANGE TRANS ORTATION AUTHORITY
By
Will Kempton
Chief Executive Officer
APPROVE AS TO
By
Ken�►nard R. Smart, Jr.
neral Counsel
y
KiaM�a4zavi,
Development
W` 66--
Director
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MEMORANDUM OF UNDERSTANDING NO. C -0 -1306
the parties who are primarily responsible for the administration of this MOU, and to whom notices,
demands and communications shall be given are as detailed in Attachment A. If there are any changes
in the names and /or addresses listed in Attachment A, the party desiring to make such changes shall
give a written notice to the other respective parties within five (5) days of such change.
17. This MOU shall continue in full force and effect through June 30, 2012 unless terminated
earlier by AUTHORITY. The parties may elect to extend the term of this MOU. The term of the MOU
may only be extended upon mutual written agreement by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this MOU No. 0 -1306 to be executed on
the date first above written.
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY
By By
Allan Roeder Will Kempton
City Manager Chief Executive Officer
A ) APPROV AS O
By �� �Ge�✓ By
Juli olick nard R. Sm rt, Jr.
City Clerk General Counsel
AP PR VED S T FOR UI: APP VE
By (/ t
Kimberly H II Barlow Kia Mortazavi,
City Attorney Development
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MEMORANDUM OF UNDERSTANDING NO. C -0 -1306
CITY OF TO BEACH
By
ATTEST:
1
Joan lynn
City rk
APPR ED AS TO FORM:
By
Je nifer McGrath D1wo
Attorney
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MEMORANDUM OF UNDERSTANDING NO. C-0-1306
CITY OF NEWPORT BEACH
By &
iff
City Manager
ATTEST: ��W PO
By 444 /
Leilani I. Brown
City Clerk
AP OVED AS
avid Hunt
City Attorney
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MEMORANDUM OF UNDERSTANDING NO. C -0 -1306
ATTACHMENT A
ADDRESSES FOR PARITES:
1. Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863 -1584
Attention: Sarah L. Strader, Senior Contract Administrator
714 - 560 -5633; e-mail: sstradea@_octa.net
2. California Department of Tr ortation — District 12
3337 Michelson Driv
Suite CN -380
Irvine, C 612
.Aft_ on: Cindy Quon, Director District 12
949 - 724 -2000
3. City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attention: Julie Folick, City Clerk
714 - 754 -5225
4. City of Newport Beach
3000 Newport Blvd.
Newport Beach, CA 92663
Attention: Leilani I. Brown, City Clerk
949 - 644 -3005
5. City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648
Attention: Joan L. Flynn, City Clerk
717- 536 -5556