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08-1110_ORANGE,COUNTY OF_Amendment 2 AMENDMENT NO. 2 TO 2 AGREEMENT NO. C-8-0861 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY s AND G CITY OF SAN JUAN CAPISTRANO 7 FOR S RAIZ--HIGHWAY GRADE CROSSING SAFETY ENHANCEMENTS 9 AND 10 SAFETY MEASURES RELATED TO QUIET ZONE IMPLEMENTATION FOR CITIES 11 THIS AMENDMENT NO. 2 is effective this �'-7day of /4t-f .. ...,. 2010, by and 12 between the Orange County Transportation Authority ("AUTHORITY"), and the City of San Juan 13 Capistrano ("CITY") 14 WITNESSETH: 15 WHEREAS, by Agreement No. C-8-0861 dated November 10, 2008, as last changed by 16 Amendment No. 1 dated February 19, 2010, AUTHORITY and CITY entered into a cooperative 17 agreement for rail highway grade crossing safety enhancements and safety measures related to 1s quiet zone implementations; and 19 WHEREAS, AUTHORITY and CITY agree to increase the 12% cost share to include the 20 construction cost increase associated with signal material and railroad signal installation labor; and 21 WHEREAS, the AUTHORITY's Board of Directors approved this Amendment on 22 August__23-,-2-010. 23 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that 24 Agreement No. C-8-0861 is hereby amended in the following particulars only: 25 Amend ARTICLE 4, RESPONSIBILITIES OF CITY, paragraph M, Page 8 of 14, to delete 26 in its entirety and in lieu thereof insert: ER:CF L:ICAMMICLERICALIWORDPROCIAGREEIAMEND AM280861.DOC SO Page 1 of 3 i AMENDMENT NO. 2 TO AGREEMENT NO. C-8-0861 M. The estimated expenditure schedule for the CITY'S local matching funds is as follows: 2 CITY'S SHARE (12 PERCENT) OF 3 FISCAL YEAR ESTIMATED PROJECT COST 4 5 2008/2009 $251;331 6 2009/20/0 $586,440 7 2010/2011 $269,210 8 2011/2012 $0 9 TOTALS __.I 105:981 10 Amend Exhibit A, section OCTA GRADE CROSSING SAFETY ENHANCEMENT 11 PROGRAM COST ESTIMATE CITY OF SAN JUAN CAPISTRANO, to delete in its entirety and 12 replace with, OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM COST 13 ESTIMATE CITY OF SAN JUAN CAPISTRANO, Exhibit B, Amendment No. 2, attached hereto 14 and made part hereof. 15 / 15 / 17 / 18 / 19 / 20 / 21 1 22 / 23 / 24 / 25 / 26 / ERCP LACAMCLERICALIWORDPROC�AGREEIAMEND1AM286661.DOC Page 2 of 3 AMENDMENT NO. 2 TO AGREEMENT NO. C-8-0861 1 The balance of said Agreement remains unchanged. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to 3 Agreement No. C -08 1 'tee be executed on the effective date above written. 4 CITY OF SAN JUA C P[STRANO ORANGE COUNTY TRANSPORTATION AUTHORITY 6 By: By: 7 Dr. L n e Uso Will Kempton M yo Chief Executive Officer s ATTE T: APP R I D AS TO FORM 9 By: By: 10 Maria rri Kennard R. Smart, Jr. 11 Acting City Clerk General Counsel 12 APPROVED AS TO FORM. - APPROVAL R OMME. Ek 13 By By. 14 Special Counsel T eil, P.E. E cutive Director, Capital Programs 1s Dated: Dated: --/r0//r//0 16 17 18 19 2© 21 22 23 24 25 26 ER:CF L:ICAMMICLERICALMORDPROCIAGREEIAMENOiAM280861.DOC Page 3 of 3 AMENDMENT NO. 2 TO AGREEMENT N0. C-8-0861 EXHIBIT "B" OCTA GRADE CROSSING SAFETY ENHANCEMENT PROGRAM REMISED COST ESTIMATE CITY OF SAN JUAN CAPISTRANO Original Original Estimate at SAC City City Share Items Coop Cost Coop City Completion Sure (12%) Difference Share ('12°/6) (EAC) SCRRA Agency Costs Design, Survey, PM, CM, $2,251,423 $270,171 $2,356,082 $282,730 $12,559 Flogging, Permitting. Civil Safety Enhancements $2,049,580 $245,950 $1,553,218 $186,386 -$59,563 RR Signal Improvements $1,929,000 $231,480 $4,1.52,782 $498,334 $266,854 Utility Costs $90,000 $10,800 $17,446 $2,094 -$8,706 ROW costs $25,400 $3,048 $13,000 $1,560 -$1,488 Project Contingency&Inflation $636,023 $76,323 $1,132,317 $135,878 $59,555 Grand Total $6,981,426 $837,771 $9,224,845 $1,106,981 $269,210 Last Revision 05/20/10