Westminster City Council
SUBJECT
Title
Approve and Authorize Execution of Amendment No. 7 to Cooperative Agreement No. C-5-3615 between Orange County Transportation Authority (OCTA) and the City of Westminster for I-405 Improvement Project.
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From: Jake Ngo, Public Works Director/City Engineer
Requested by: Administration
Prepared by: Bill Pham, Traffic Engineer
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RECOMMENDED ACTION
Recommendation
A. Approve Amendment No. 7 to Cooperative Agreement No. C-5-3615 between Orange County Transportation Authority and the City of Westminster for the I-405 Improvement Project; and
B. Authorize the City Manager to execute the amendment on behalf of the City in a form approved by the City Attorney.
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BACKGROUND
On April 13, 2016, the Mayor and City Council authorized the execution of Cooperative Agreement No. C-5-3615 between Orange County Transportation Authority (OCTA) and the City of Westminster related to the I-405 Improvement Project. The agreement outlined the roles and responsibilities of each agency, as well as identified an initial payment in the amount of $1,200,000 to the City to compensate for the review and approval of engineering plans, Traffic Management Plan (TMP) review and concurrence, issuance of necessary encroachment permits, construction oversight inspection services related to City facilities, traffic engineering and traffic control/detour inspection, and police services.
The Mayor and City Council approved and authorized Amendment No. 1 on February 26, 2020, providing an additional $623,888 for pavement mitigation repair costs related to the I-405 Improvement Project.
On September 9, 2020, the Mayor and City Council approved Amendment No. 2 to reimburse the City for the services related to the I-405 Improvement Project in the amount of $838,791.
On October 21, 2021, the Mayor and City Council approved Amendment No. 3 to reimburse the City for additional services related to the I-405 Improvement Project in the amount of $998,652.
On April 5, 2023, the Mayor and City Council approved Amendment No. 4, extending the term of the agreement, which was set to expire April 30, 2023, for an additional 14 months, to June 30, 2024.
On August 16, 2023, the Mayor and City Council approved Amendment No. 5 to reimburse the City for additional services related to the I-405 Improvement Project in the amount of $590,000.
On May 22, 2024, the Mayor and City Council approved Amendment No. 6, to extend the term of the agreement, which was set to expire June 30, 2024, for an additional 6 months, to December 31, 2024, and to reimburse the City for additional services related to the I-405 Improvement Project in the amount of $177,000.
Cooperative Agreement No. C-5-3615 is set to expire December 31, 2024. The subject Amendment No. 7 extends the term of the agreement for an additional six (6) months to allow for contract acceptance and closeout of the I-405 Improvement Project.
As a result of extending the term of the Agreement an additional six (6) months to June 30, 2025, the City and OCTA has identified a need to further amend the Agreement, in the amount of $70,000, to reimburse the City for additional services related to the I-405 Improvement Project.
The approval of Amendment No. 7 would bring the total amount of the Cooperative Agreement to $4,498,331 ($1,200,000 + $623,888 + $838,791 + $998,652 + $590,000 + $177,000 + $70,000).
FISCAL IMPACT
Approving Amendment No. 7 to Cooperative Agreement C-5-3615 provides $70,000 for the I-405 Freeway Improvement Project to be budgeted, as a revenue in Account Number 55035-34400 I/GVT-I-405 Reimbursement and Capital Project I-405 Improvements Roadways/Traffic Oversight Account Number 55037-371802.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Approval of Amendment No. 7 to Cooperative Agreement No. C-5-3615 will extend the term of the Agreement an additional six (6) months to June 30, 2025, and provide an additional $70,000 in funding to reimburse the City for additional services related to the I-405 Freeway Improvement Project.
ATTACHMENTS
1. Cooperative Agreement No. C-5-3615
2. Proposed Amendment No. 7
3. Amendment No. 1
4. Amendment No. 2
5. Amendment No. 3
6. Amendment No. 4
7. Amendment No. 5
8. Amendment No. 6
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager