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HomeMy WebLinkAboutC-2178 - Cooperative Finance Agreement for the Installation of Traffic Signal Interconnect Facilities on Irvine Avenue between Westcliff Drives An O F G E P ENVIRONMENTAL MANAGEMENT AGENCY TRANSPORTATION SEP 2 5 1991 Richard M. Edmonston, Traffic Engineer City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Subject: Traffic Signal Maintenance Agreement 169 -310 MICHAEL M. RUANE DIRECTOR, EMA KEN R. SMITH DIRECTOR OF TRANSPORTATION FILE LOCATION: 901 CIVIC CENTER DRIVE SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702 -4048 TELEPHONE: (714) 834 -3455 FAX # 834 -5965 Dear Mr. EdmJ &ton: Enclosed, for your files, is one signed original of the revised Exhibit A to Agreement Number 169 -310. LFA:md 1092610590860 Sin rely, gna 'o choa County Traffic Engineer 4 RECEIVED FEB 3 1993 CRY CIRm Clrr OF NEWPORT REACH 0 lT v v. 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A r1 9 U al \tG •ri W � N -) M N I IU kD IT S4 TS G (a o x 41 -r, U ro m � •r1 >1 v ri a r-I ::I M O U 10 r. N al G W co -r♦ Sa 7 i0 x tr o >a a •>< E � U E 3 G o o JJ • •.•i W W S S-I I A o c a aa)i o o I O 0 0 ( (a tT W U N N G G G W a w C al > >+ G G a C7 G N N G G W H a a) V W P 44 H H CITY OF NEWPORT BEACH TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -2178 Description of Contract CALIFORNIA DATE June 12, 1980 I.. ... .. Authorized by Resolution No. 9774 , adopted on April 28, 1980 Effective date of Contract Dime 3, 1980 Contract with,_; 'City of Costa Mesa/ Ouunty of Oranqe P.O. Box 4048 Address 77 Fair Drive Costa Mesa, 92626 Santa Ana. CA 92702 Amount of Contract see contract 'City Clerk city hall 3300 W. Newport Blvd. Area Code 714 r � � 11 2 3 4 E E c 1C 11 1� 1C 14 lE 1( E if if 2( 21 2; Z 2� 2; 2( 2 a A G R E E M E N T J Agreement No. DBO -031 THIS AGREEMENT, made and entered into this —� day of 1980, BY AND BETWEEN ME 0 CITY OF NEWPORT BEACH, hereinafter referred to as "NEWPORT BEACH ", CITY OF COSTA MESA, hereinafter referred to as "COSTA MESA ", COUNTY OF ORANGE, hereinafter referred to as "COUNTY ". WHEREAS, there has been a substantial increase in the volume of traffic on Irvine Avenue between Westcliff Drive /17th Street and Mesa Drive; and WHEREAS, NEWPORT BEACH, COSTA MESA, and COUNTY have determined that interconnect and coordination of the signalized intersections along Irvine Avenue at Westcliff Drive /17th Street, Dover Drive /19th Street, Highland Avenue /20th I Street, Santiago Drive /22nd Street, University Drive /Del Mar Avenue, and Mesa Drive, is warranted; and WHEREAS, NEWPORT BEACH, COSTA MESA, and COUNTY contemplate the instal- lation of traffic signal interconnect and coordination facilities along Irvine Avenue at said locations, some of which are partially within the boundaries of NEWPORT BEACH, COSTA MESA, and unincorporated COUNTY area, hereinafter referred to I as the "PROJECT ", and wish to specify the proportionate share of the costs that are to be borne by NEWPORT BEACH, COSTA MESA, and COUNTY, and wish to provide for maintenance following completion of the PROJECT; and WHEREAS, NEWPORT BEACH has offered to design, contract, and inspect the installation of the traffic signal interconnect and coordination facilities; and WHEREAS, addition of the facilities to existing traffic signals is catagorically exempt pursuant to the California Environmental Quality Act of -I- �II � 1I Agreement No. D80 -031 I 1�I 1970 (CEQA); and 211 WHEREAS, NEWPORT BEACH, as Lead Agency under CEQA, acknowledges that no '•I 311 additional environmental documents are required for compliance with CEQA. I 4'I NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: I1 51I I. NEWPORT BEACH shall: i 6 A. Be and is hereby designated as Project Engineer, Contracting, 7 I and Construction Agent for the parties to do and perform all things necessary in 8 order to design and construct said COSTA MESA, and COUNTY portion of the Project, I gil and to execute and deliver all documents required in connection with the cons - i 10 truction and completion of said PROJECT including Certificate of Cost and Certi- 11 11 fir-ate of Completion for PROJECT. �I 12:1 B. Prepare a brief Traffic Signal Interconnect and Coordination 13 Concept Report for review and approval by COSTA MESA's Director of Public Services, 14I hereinafter referred to as "DIRECTOR ", and by COUNTY's Assistant Director, Develop - 15 ment, Environmental Management Agency, hereinafter referred to as "ASSISTANT DIRECTOR 161, EMA ". Said report shall generally consist of conceptual system design, control 17 I equipment type and function, and communications and interconnect theory. I 18i' C. Submit for review and approval by DIRECTOR, and ASSISTANT DIRECTOR 19 EMA, PROJECT plans and specifications including a construction cost estimate which 201 indicates the estimated shares of costs to NEWPORT BEACH, COSTA MESA, and COUNTY. 21 D. After approval of plans and specifications by DIRECTOR and ASSISTANT I 22 DIRECTOR EMA, as specified herein, advertise PROJECT for bids and award a contract 23 to the lowest responsible bidder complying with all state and local laws, subject 2411 to the provisions of Section II, III, IV, and V herein below. 251 E. Not issue change orders of PROJECT work affecting COSTA MESA and 26J or COUNTY without first having obtained the written concurrence of DIRECTOR and or 27 II ASSISTANT DIRECTOR EMA. 28" F. During the period of construction, have jurisdiction of the l 1. -2- I i Ii III �I Agreement No. D80 -031 .I construction areas within COSTA MESA and COUNTY. 21! G. Continue to maintain the existing traffic signal and safety 3 j lighting facilities along Irvine Avenue at said intersections before, during, and i 4!I after execution of the construction contract. i 1 511 II. COSTA MESA shall: 6 A. Review and approve, by DIRECTOR, the Traffic Signal Intercon- �I 7j nect and Coordination Concept Report prepared by NEWPORT BEACH per Section I.B. 8 above, and the PROJECT plans, specifications, and estimate prepared by NEWPORT 911 BEACH per Section I.C. above. Said review and approval shall be as to design and it 101 construction features affecting the construction, operation, and maintenance of 11 COSTA MESA's portion of PROJECT. 12II B. At all times during the progress of construction of PROJECT have 13 access to the work for the purpose of inspection thereof and should COSTA MESA 141 deem any remedial measures to be necessary COSTA MESA shall notify NEWPORT BEACH 15 I thereof. 16i 1 C. Reimburse NEWPORT BEACH for COSTA MESA's proportionate share of I 17j the PROJECT cost as defined by Section IV and VI. 181 D. Withhold approvals which are required herein only for good cause. 191 III. COUNTY shall: 20 A. Review and approve, by ASSISTANT DIRECTOR ERA, the Traffic Signal 211 Interconnect and Coordination Concept Report prepared by NEWPORT BEACH per Section I 22 i1 I.B. above, and the PROJECT plans, specifications and estimate prepared by NEWPORT I 23 ii BEACH per Section I.C. above. Said review and approval shall be as to design and 2411 construction features affecting the construction, operation, and maintenance of I 25 I COUNTY's portion of PROJECT. 26 'I B. At all times during the progress of construction of PROJECT have 27 II access to the work for the purpose of inspection thereof and should COUNTY deem 28 ii any remedial measures to be necessary COUNTY shall notify NEWPORT BEACH thereof. -3- 1 2 3 4 0 0 Agreement No. DBO -031 C. Reimburse NEWPORT BEACH for COUNTY's proportionate share of the PROJECT cost as defined by Section V and VI. D. Withhold approvals which are required herein only for good cause. IV. COSTA MESA Funding Responsibilities A. COSTA MESA's share of the PROJECT costs including administration design, contruction, engineering and inspection costs shall be based on the total PROJECT cost, and be in the ratio of the number of approaches to the the PROJECT intersections, lying within COSTA MESA, to the total number of approaches to the PROJECT intersections, as the COSTA MESA - NEWPORT BEACH limits exists at the time NEWPORT BEACH advertises the contract for the PROJECT. B. As of the date of this agreement, said ratio of COSTA MESA's share is considered to be six - twenty fourths (6/24) of the actual PROJECT costs to be paid by NEWPORT BEACH, COSTA MESA, and COUNTY based on the fact that six (6) of the twenty four (24) approaches to the PROJECT intersections presently lie within COSTA MESA, and that five (5) lie within the COUNTY, and thirteen (13) within NEWPORT BEACH. C. COSTA MESA's share of the contract costs for installation of the traffic signal interconnect and coordination facilities shall be based on the actual construction cost for the PROJECT, estimated to be $43,500.00, and in the determined ratio. Said share is estimated to be $10,875.00. D. COSTA MESA's share of design, administration, construction, engineering and inspection costs shall be based on ten percent (10X) of the actual construction costs, and in the determined ratio. Said share is estimated to be $1,088.00. E. The total estimated cost of COSTA MESA's portion of the is approx- imately $11,963.00 including administration, design, construction, engineering and inspection costs, and in no event shall the final cost to COSTA MESA exceed $11,963.00 unless approved by mutual consent of COSTA MESA and NEWPORT BEACH. i r 'I • Agreement No. D80 -031 j V. COUNTY Funding Responsibilities A. COUNTY's share of the PROJECT costs including administration, design, construction, engineering and inspection costs shall be based on the total PROJECT cost, and be in the ratio of the number of approaches to the PROJECT inter- sections, lying within the COUNTY, to the total number of approaches to the PROJECT intersections, as the COUNTY - NEWPORT BEACH limits exist at the time NEWPORT BEACH advertises the contract for the PROJECT. B. As of the date of this agreement, said ratio of COUNTY's share is considered to be five - twenty fourths (5/24) of the actual PROJECT costs to be paid by NEWPORT BEACH, COSTA MESA and COUNTY based on the fact that five (5) of the twenty - four (24) approaches to the PROJECT intersections presently lie within the COUNTY, j i and that six (6) lie within COSTA MESA, and thirteen (13) within NEWPORT BEACH. C. COUNTY's share of the contract costs for installation of the traffic signal interconnect and coordination facilites shall be based on the actual construction cost for the PROJECT, estimated to be $43,500.00, and in the determined ratio. Said share is estimated to be $9,063.00 . D. COUNTY's share of administration, design, construction, engi- neering and inspection costs shall be based on ten percent (10X) of the actual construction costs, and in the determined ratio. Said share is estimated to be $906.00. E. The total estimated cost of COUNTY's portion of the PROJECT is approximately $9,969.00 including administration, design, construction, engi- neering and inspection costs, and in no event shall the final cost to the COUNTY exceed $11,000.00 unless approved by mutual consent of COUNTY and NEWPORT BEACH. VI. Payments and Final Accounting A. CITY may, at its option, invoice COSTA MESA and COUNTY for a deposit of their actual shares of the contract cost based upon actual bid prices and COSTA MESA and COUNTY shall pay said deposit. However, said request for _ S. r 0 Agreement No. D80 -031 deposit shall not be made before the award by NEWPORT BEACH of the construction contract. B. Upon completion of the PROJECT, NEWPORT BEACH shall submit a final report for PROJECT and a certification signed by the DIRECTOR of Finance and 51,!. Director of Public Works that all expenditures related to PROJECT have been made 6.j and that all documents, certificates and itemized bills are on file with NEWPORT 7'.I BEACH and that copies will be made available to COSTA MESA and COUNTY upon request. 8', 91I 10 11 12 !I I 13 14 15! 16i 17 18 19 20 21 1 22 23 24 !I 25 C. If the final report, as approved by the parties hereto, indicates that the final cost to COSTA MESA and /or COUNTY is greater than COSTA MESA's and /or COUNTY's deposit, COSTA MESA and /or COUNTY shall promptly reimburse NEWPORT BEACH for the difference between COSTA 1,fESA's and /or COUNTY's final cost and the deposit. If the approved final report indicates that the final cost to COSTA MESA and /or COUNTY is less than COSTA MESA's and /or COUNTY's deposit, NEWPORT BEACH shall promptly reimburse COSTA MESA and /or COUNTY for the difference between the deposit and COSTA MESA's and /or COUNTY's final cost. VII. It is mutually agreed by the parties hereto that: A. NEWPORT BEACH shall maintain said traffic signal interconnect and coordination facilites. B. The maintenance and operational costs for said traffic signal interconnect and coordination facilites, with the exception of the maintenance costs of the master controller, shall be borne by the parties hereto in accordance with the terms of the respective traffic signal and highway lighting maintenance agreements between NEWPORT BEACH and COSTA MESA, and NEWPORT BEACH and COUNTY. The maintenance costs of the master controller shall be borne by the parties hereto, in accordance with the ratios aforedetermined herein. 26' C. That neither COSTA MESA nor any officer or employee thereof 27ji shall be responsible for any damage or liability occurring by reason of anything 28;; done or omitted to be done by NEWPORT BEACH under or in connection with any work, -(I - Agreement No. D80 -031 1 authority or jurisdiction delegated to NEWPORT BEACH under this agreement. It is 2 also understood and agreed that, pursuant to Government Code Section 895.4, NEWPORT 3 BEACH shall fully indemnify and hold COSTA MESA harmless from any liability imposed 4 for injury (as defined by Government Code Section 810.8), occurring by reason of 5 anything done by NEWPORT BEACH under or in connection with any work, authority or 6 jurisdiction delegated to NEWPORT BEACH under this agreement. 7 D. That neither COUNTY nor any officer or employee thereof shall be 8 responsible for any damage or liability occurring by reason of anything done or 9 omitted to be done by NEWPORT BEACH under or in connection with any work, authority 10 or jurisdiction delegated to NEWPORT BEACH under this agreement. It is also under - 11 stood and agreed that, pursuant to Government Code Section 895.4, NEWPORT BEACH 12 shall fully indemnify and hold COUNTY harmless from any liability imposed for injury 13 (as defined by Government Code Section 810.8), occurring by reason of anything 14 done by NEWPORT BEACH under or in connection with any work, authority or jurisdiction 15 delegated to NEWPORT BEACH under this agreement. 16 E. That neither NEWPORT BEACH nor any officer or employee thereof 17 shall be responsible for any damage or liability occurring by reason of anything 18 done or omitted to be done by COSTA MESA and /or COUNTY under or in connection with 19 any work, authority or jurisdiction not delegated to NEWPORT BEACH under this 20 agreement. It is also understood and agreed that, pursuant to Government Code 21 Section 895.4, COSTA MESA and /or COUNTY shall fully indemnify and hold NEWPORT 22 BEACH harmless from any liability imposed for injury (as defined by Government 23 Code Section 810.8), occurring by reason of anything done or omitted to be done by 24 COSTA MESA and /or COUNTY under or in connection with any work, authority or juris- 25 diction not delegated to NEWPORT BEACH under this agreement. 26 27 28 /// 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 26 271 28 Agreement No. D80 -031 IN WITHNESS WHEREOF, COSTA MESA and NEWPORT BEACH have caused this agree- ment to be executed by their Mayors and attested by its Clerks, and COUNTY has caused this agreement to by executed by the Chairman of its Board of Supervisors and attested by its Clerk, all thereunto duly authorized by Minute Order of the City Councils and the Board of Supervisors, respectively, on the date written opposite their signatures. CITY OF NEWPORT BEACH, a municipal Corporation Date /� /�� By Mayor APPROVED AS TO FORM: A EST: BY City Attorney By t_ �= City Clerk c CITY OF COSTA MESA, a municipal corporation Date D Q By Mayor APPROVED S TO FORM: ATTEST: By (/J'1.6� City Attorney Date APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA rr,ic! 4.rh ?I,(1 !) 1 Deputy BYGJ p City Clerk COUNTY OF ORANGE, a political subdivision of the State of California By eY/Il Chairma of the Board of Supervisors, Orange County, California SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD JUNE ALEXANDER Clerk of the Board of Supervisors, Orange County, California � f�� ' _ o. 0 TO: CITY COUNCIL FROM: Public Works Department • '�/ April 28, 1980 CITY COUNCIL AGENDA ITEM NO. H -2(f) � .3X SUBJECT: COOPERATIVE FINANCING AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNAL INTERCONNECT FACILITIES ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE - 17th STREET AND MESA DRIVE RECOMMENDATION: Adopt a resolution authorizing the Mayor and City Clerk to execute a Cooperative Financing Agreement with the City of Costa Mesa and the County of Orange for the subject traffic signal project. DISCUSSION: The Cooperative Financing Agreement provides for the installation and maintenance of traffic signal interconnect facilities along Irvine Avenue. The project was included in the traffic signal priority list that was approved by the City Council on January 21, 1980. The project provides for the installation of a master controller and coordination facilities at the six signalized intersections on Irvine Avenue. The master controller will respond to traffic on Irvine Avenue and Westcliff Drive /17th Street, select the appropriate signal operation for the existing traffic conditions and direct the control equipment at the six locations to respond accordingly. Communication between the locations will be accomplished by utilizing telephone circuits. 0 0 CITY COUNCIL AGENDA PAGE 2 APRIL 28, 1980 The estimated cost of the project is $43,500.00, with the following shares: City of Costa Mesa $10,875 County of Orange 9,062 City of Newport Beach 23,563 Funds for the Newport Beach share of the project are budgeted in the current gas tax account, No. 19 -5663 -603. Richard M. Edmonston Traffic Engineer RME:ma p Signals to be interconnected 0 0 RESOLUTION NO. g 77 q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE FINANCING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, THE CITY OF COSTA MESA AND THE COUNTY OF ORANGE FOR THE INSTALLATION OF TRAFFIC SIGNAL FACILITIES ON IRVINE AVENUE BETWEEN WESTCLIFF DRIVE (17TH STREET) AND MESA DRIVE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Cooperative Financing Agreement between the City of Newport Beach, the City of Costa Mesa and the County of Orange for the installa- tion of traffic signal facilities on Irvine Avenue between Westcliff Drive (17th Street) and Mesa Drive; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them to be satis- factory and that it would be in the best interest of the City to execute said agreement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 28th day of April , 1980. Mayor ATTEST: City Clerk kv 4/22/80