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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-4-2053
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
FIRST STREET MULTIMODAL BOULEVARD STUDY
THIS AMENDMENT NO. 1 is effective this __ day of ________ 2026 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702, a municipal corporation duly organized and existing under the constitution and laws of the State of California (herein referred to as “CITY”), each individually known as “PARTY”, and collectively referred to as “PARTIES”.
RECITALS:
WHEREAS, by Agreement C-4-2053 dated February 18, 2025, AUTHORITY and CITY entered into an agreement for CITY to act as the lead agency for preliminary engineering, right-of-way, construction, and construction management of the First Street Multimodal Boulevard Study Project (hereinafter referred to as “PROJECT”); and
WHEREAS, the PROJECT is funded with Regional Early Action Planning Grant Program of 2021 (hereinafter referred to as “REAP 2.0”) funds; and
WHEREAS, CITY and AUTHORITY agree to increase the level of effort for the PROJECT to adequately address and incorporate all necessary PROJECT components identified through the latest findings during the conceptual planning and preliminary PROJECT plans, specifications, and estimates; and
Exhibit 2
COOPERATIVE AGREEMENT NO. C-4-2053
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WHEREAS, AUTHORITY and CITY agree to increase the Agreement’s maximum cumulative payment obligation by Three Hundred Eighty-Two Thousand Eight Hundred Ninety-Six Dollars and Eighty-Five Cents ($382,896.85) to complete CITY-required PROJECT components; and WHEREAS, AUTHORITY and CITY agree that the increased obligation will be fully funded through REAP 2.0 funds; and
WHEREAS, CITY’s City Council approved this Amendment No. 1 on _____ day of ______________________ 2026.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:
1. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, page 4 of 12, paragraph D., lines 10 and 11 page 4 of 12, to delete and, in lieu thereof, insert:
“D. AUTHORITY shall allocate the CITY’s share of the PROJECT in the amount not-to-exceed Four Million Three Hundred Thousand Dollars ($4,682,896.85) for the PROJECT using REAP funds.”
2. Amend ARTICLE 6. MAXIMUM OBLIGATION, page 7 of 12, to delete in its entirety and, in lieu thereof, insert:
“ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be Four Million Six Hundred Eighty-Two Thousand Eight Hundred Ninety-Six Dollars and Eighty-Five Cents ($4,682,896.85), unless agreed to and amended by both PARTIES.“ /
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COOPERATIVE AGREEMENT NO. C-4-2053
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The balance of Agreement No. C-4-2053 remains unchanged.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment No. 1 to Agreement No. C-4-2053 to be executed as of the date of the last signature below.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Alvaro Nuñez
City Manager
Dated:
By: Lydia Bilynsky
Department Manager, Capital Projects
ATTEST:
By:
Jennifer L. Hall
City Clerk
Dated:
APPROVED AS TO FORM:
By: James M. Donich
General Counsel
APPROVED AS TO FORM:
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
By:
Rodolfo Rosas, P.E.
Acting Executive Director, Public Works Agency
Dated: