Westminster City Council
SUBJECT
Title
Amendment No. 9 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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publichearing
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From: Jake Ngo, Public Works Director/City Engineer
Requested by: Administration
Prepared by: Bill Pham, Senior Traffic Engineer
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RECOMMENDED ACTION
Recommendation
A. Approve Amendment No. 9 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.
Since the approval of the Cooperative Agreement, the Mayor and City Council have approved the following amendments:
• Amendment No. 1 (February 26, 2020) - Providing an additional $623,888 for pavement mitigation repair costs related to the I-405 Improvement Project.
• Amendment No. 2 (September 9, 2020) - Reimbursing the City for the services related to the I-405 Improvement Project in the amount of $838,791.
• Amendment No. 3 (October 21, 2021) - Reimbursing the City for additional services related to the I-405 Improvement Project in the amount of $998,652.
• Amendment No. 4 (April 5, 2023) - Extending the term of the agreement, which was set to expire April 30, 2023, for an additional 14 months, to June 30, 2024.
• Amendment No. 5 (August 16, 2023) - Reimbursing the City for additional services related to the I-405 Improvement Project in the amount of $590,000.
• Amendment No. 6 (May 22, 2024) - Extending the term of the agreement, which was set to expire June 30, 2024, for an additional six (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.
• Amendment No. 7 (December 09, 2024) - Extending the term of the agreement, which was set to expire December 31, 2024, for an additional six (6) months, to June 30, 2025, and to reimburse the City for additional services related to the I-405 Improvement Project in the amount of $70,000.
• Amendment No. 8 (June 11, 2025) - Extending the term of the agreement, which was set to expire June 30, 2025, for an additional 6 months, to December 31, 2025.
As a result of Amendment No. 8, OCTA identified a need to further amend the Agreement, in the amount of $2,850,000, to reimburse the City for items related to the I-405 Improvement Project such as those listed below.
• City services;
• Additional pavement impacts;
• Post project detour pavement mitigation;
• Springdale Place pavement; and
• Miscellaneous construction items (work elements not completed by OCTA’s contractor).
The approval of Amendment No. 9 would bring the total amount of the Cooperative Agreement to $7,348,331 ($1,200,000 + $623,888 + $838,791 + $998,652 + $590,000 + $177,000 + $70,000 + $2,850,000).
FISCAL IMPACT
Approving Amendment No. 9 to Cooperative Agreement C-5-3615 provides $2,850,000 for the I-405 Freeway Improvement Project to be budgeted as a revenue in Account Number 55035-34400 “I/GVT-I-405 Reimbursement” and allocated to Account Number 55037-371802 “Capital Project I-405 Improvements Roadways/Traffic Oversight.”
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Approval of Amendment No. 9 to Cooperative Agreement No. C-5-3615 will provide an additional $2,850,000 in funding to reimburse the City for additional City services, pavement impacts, and miscellaneous construction items related to the I-405 Improvement Project.
ATTACHMENTS
1. Cooperative Agreement No. C-5-3615
2. Proposed Amendment No. 9
3. Amendment No. 1
4. Amendment No. 2
5. Amendment No. 3
6. Amendment No. 4
7. Amendment No. 5
8. Amendment No. 6
9. Amendment No. 7
10. Amendment No. 8
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager