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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 2 3 4 5 6 7 81 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 of 5 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. 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 I 23 ! 24 I 25 / 26 / Page 2 of 5 L: CommMERI CAUCLERI CALMORDPROCIAGREENMENMAM101306 .dm 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 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 Page 3 of 5 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 4 5 By: z— —4--'1-4 V 6 Dave Kiff City Manager 7 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 16 17 18 19 20 21 22 23 24 25 26 Page 5 of 5 L: Camm1CLERICAL \CLERICAL \W OROPROCIAGREE W MENOVNA101306.dm 3 a i 5 6 7 s 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 u 25 26 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; Page 1 of 8 L: \PLANNING \Corridor Studies \SR -55 Access Study Phase I I\MOU\Final MOU \3.1.10 H WY - SR -55 PSR -PDS - Attachment D.docx 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 Page 2 of 8 LAPLANNING\Corridor Studies1SR55 Access Study Phase IRMOU1Final MOU\3.1.10 H WY - SR -55 PSR -PDS - Attachment D.docx 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, Page 3 of 8 L:\PLANNING1CorridorStudies\SR-55Amws Study Phase IhMOUTinal MOU13.1.10 HWY - SR -55 PSR -PDS - Attachment D.docx 1 2 3 4 5 6 7 s 9, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 4 of 8 L:TLANNINGIConidor StudieslSR -55 Access Study Phase MMOUTinal MOM.1.10 HWY- SR -55 PSR -PDS - Attachment D.docx 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 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 Page 5 of 8 L:\PLANNING\CorridorStudies\SR-55 Access Study Phase II\MOU\Final MOU\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx 2 3 4 5 6 7 s 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 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 Page 5 of 8 L: \PLANNING%Corridor StudieslSR -55 Access Study Phase II\MOL Rnal MOM.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx i jy 1 2 3 4 5 6 7 S 9 1a n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 7 of 8 L\PLANNING\Corridor Studies \SR -55 Access Study Phase 111MOUFinal MOU \3.1.10 HW Y -SR-55 PSR -PDS -Attachment D.docx 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 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 Page 8 of 8 L:\PLANNING\CorddorStudies\SR-55 Access Study Phase I I\MOU\Final MOU\3.1.10 HWY - SR -55 PSR -PDS -Attachment D.docx 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