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HomeMy WebLinkAboutC-2943(C) - Intersection Improvements at 17th Street, Westcliff Drive, Irvine Avenue, Temporary Funding• 0 (31) January 23, 1995 LJAN23P% CITY COUNCIL AGENDA APPROVED ITEM No. s TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: IRVINE AVENUE AND 17TH STREET/WESTCLIFF DRIVE INTERSECTION IMPROVEMENTS TEMPORARY FUNDING AGREEMENT WITH CITY OF COSTA MESA (C-2943) (0) RECOMMENDATION: Approve Temporary Funding Agreement with the City of Costa Mesa, and authorize the City Manager to execute the Agreement, DISCUSSION: The 1993/94 Capital Improvement Program Measure "M" Fund includes an appropriation for the construction of intersection improvements at Irvine Avenue and 17th Street/Westcliff Drive. The project is within both the City of Costa Mesa and Newport Beach and was recommended as part of the Growth Management Area 8 Transportation Project Priority List which was approved by the Orange County Transportation Authority (OCTA) in July 1992. Newport Beach has been the lead agency in the preparation of the plans and specifications for the project; and under the terms of a Cooperative Agreement with the City of Costa Mesa, will continue to be the lead agency in administering the construction project. Bids were received in November and a contract in the amount of $234,525.00 was awarded to the Griffith Company who was the low bidder. In December, after the Orange County Bankruptcy was announced, OCTA notified Orange County cities that there would be a delay in distributing OCTA Measure "M" funds while the agency evaluates their cash flow and debt payment requirements. At the January 11 OCTA TAC meeting, • OCTA officials notified Newport Beach and Costa Mesa that they would release the monies sometime in the next 60 days. Attached is a letter from Dave Elbaum, Director of Planning and Development for OCTA, which confirms this committment. 0 SUBJECT: IRVINE AVENUE AND 17TH STREET/WESTCLIFF DRIVE INTERSECTION IMPROVEMENTS (C -2943) January 23, 1995 • Page 2 The Griffith Company bid for the project is a good bid and some additional costs are anticipated if the contract were to be terminated and re- bid in the future. The subject agreement provides for Newport Beach to proceed with the Griffith Company contract and for Newport Beach and Costa Mesa to temporarily fund, on a 50/50 basis, monthly contract progress payments to the Griffith Company until the Measure "M" Funds are received from OCTA. The City of Costa Mesa will approve the agreement on January 17 and if these arrangements are acceptable to the Council, Public Works Department Staff will notify the contractor to proceed with the work. If these arrangements are not acceptable to the Council, direct the Public Works Department Staff to terminate the contract with Griffith Company and to notify Costa Mesa and OCTA of our decision to terminate the contract with the intent to re- advertise the contract when funds become available from OCTA. A budget amendment which provides for Newport Beach's share of the temporary funding ($117,262.60) from unappropriated Circulation and Transportation account funds and Costa Mesa's share ($117,262,50) has been prepared for City Council's consideration. Public Works Director JW:so Attachments • A4a 4 y. 0RD0FDIRECT0RS Gddo H. Vasquez chair mal) 1141; :a,m D. Mahoney V :_e- L`2Berman Ssra,i L. Cat DeEcto, Gary L. Nausdoder D;recrar Iry Pica :ar Duec:ar iirarteiV S,M0 D,,mor Roper R. Sta.afcn D;:a ;or D:rEC:Jf • +ia- lart,V. Vl i =der D:re,'!Jr Dave. H. Younu ..GOr Go, efrc:'s Ex,0.ffiao r /ar :pe! Laurann Coat Al :errr.a;e Tn, asx. F Rney A:Isrnate G,zp!y Winrcrl MaM Altwna(e • January 12, 1995 Mr. William J. Morris City of Costa Mesa P.O. Box 1200 77 Fair Drive Costa Mesa, CA 92628 -1200 Dear Mr. Morris: 0 This letter documents our discussion yesterday at the Technical Advisory Committee meeting regarding the 17th Street / Irvine Avenue / Westcliff Drive improvement project. The Orange County Transportation Authority hereby confirms that the invoice dated December 9, 1994 for the construction phase of the above GMA #8 project will be reimbursed within the next sixty (60) days in the amount of $207,000. I hope this will enable you to move forward with the project. If you have questions, please contact me at 714 / 560 -5745. Sincerely, David Eibaum, Director Planning and Development DE.MB:te c: Don Webb, Newport Beach Y DRR;Sol DOC Orange County Transportation Authority 550 South Main Street i P.O. Box 14194 /Orange /California 92613.1584 / (774) 560 -OCTA (6282) .r, n. TGTAI F'AGF Giia:=1 4,+ • ! AGREEMENT FOR • TEMPORARY FUNDING OF INTERSECTION IMPROVEMENTS AT 17TH STREET/WESTCLIFF DRIVE AND IRVINE AVENUE THIS AGREEMENT is made and entered into this day of 1995, by and between the City of Newport Beach, a municipal corporation, hereinafter designated "NEWPORT BEACH" and the City of Costa Mesa, a political subdivision of the State of California, hereinafter designated "COSTA M ESA ". WITNESSETH WHEREAS, NEWPORT BEACH and COSTA MESA desire to provide intersection improvements at 17th Street/Westcliff Drive and Irvine Avenue, . hereinafter referred to as "PROJECT'; and WHEREAS, the intersection to be improved lies partly within the corporate boundaries of both NEWPORT BEACH and COSTA MESA; and WHEREAS, PROJECT was approved to be fully funded by the Orange County Transportation Authority (OCTA) through the Growth Management Area Program; WHEREAS, NEWPORT BEACH has been designated as Lead Agency; and WHEREAS, NEWPORT BEACH, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as amended, by finding the PROJECT to be categorically exempt; and WHEREAS, NEWPORT BEACH and COSTA MESA entered into a cooperative agreement, dated May 5, 1994, which provided for NEWPORT BEACH to act as PROJECT ENGINEER in administering construction of the PROJECT; and • WHEREAS, NEWPORT BEACH completed preparation of PROJECT plans (City of Newport Beach Drawing No. R- 5674 -S which has been approved by COSTA MESA), advertised for bids to construct PROJECT and has awarded a contract to the low bidder, the Griffith Company, to construct the PROJECT; and WHEREAS, NEWPORT BEACH has delayed start of PROJECT construction 1 0 0 due to the uncertainty of funds being received from OCTA in light of the Orange County bankruptcy; and WHEREAS, OCTA has notified NEWPORT BEACH and COSTA MESA that funds for the PROJECT will be paid, but payment will be delayed several months in order for OCTA to make a large debt service payment which is due in February 1995. This delay is the result of current cash flow problems at OCTA associated with the Orange County bankruptcy; and WHEREAS; the low bid received for construction of PROJECT is a good bid and some additional cost is anticipated if the Griffith Company's contract is terminated and the PROJECT is re -bid in the future; NOW, THEREFORE, the parties hereto agree as follows: 1. NEWPORT BEACH and COSTA MESA desire to proceed with PROJECT construction, with funding on a 50/50 basis (50% NEWPORT BEACH /SO% COSTA MESA), until such time as OCTA makes PROJECT payment to NEWPORT BEACH. The cost of the PROJECT contract awarded to the Griffith Company is $234,525. II. NEWPORT BEACH: A. Shall notify the Griffith company to proceed with PROJECT construction. B. Shall invoice COSTA MESA for 50% of each monthly progress payment made to the Griffith Company during construction of PROJECT. C. Shall reimburse COSTA MESA for all of COSTA MESA payments made to NEWPORT BEACH under term of this agreement within 30 days of NEWPORT BEACH'S receipt of payment for PROJECT from OCTA. III. COSTA MESA: A. Shall provide funds for 50% of each monthly progress payment made to the Griffith Company during construction of the PROJECT, prior to OCTA PROJECT payment to NEWPORT BEACH. Total not to exceed 50% of PROJECT contract amount (5117,262.50). B. Shall make payment to NEWPORT BEACH for their share of each progress payment within 30 days of receipt of invoice for payment from NEWPORT BEACH. IV. It is mutually understood and agreed that the terms and conditions of Cooperative Agreement dated May 5, 1994, remain in affect. E • • • / 1 J • • 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF NEWPORT BEACH: By: City Manager By: City Clerk Approved as to form: By: City Attorney 3 CITY OF COSTA MESA: By: City Manager By: City Clerk Approved as to form: By: City Attorney • • AGREEMENT FOR TEMPORARY FUNDING OF INTERSECTION IMPROVEMENTS AT 17TH STREET/WESTCLIFF DRIVE AND IRVINE AVENUE THIS AGREEMENT is made and entered into this /�i day of -� ) 1995, by and between the City of Newport Beach, a municipal corporation, hereinafter designated "NEWPORT BEACH" and the City of Costa Mesa, a political subdivision of the State of California, hereinafter designated "COSTA MESA". WITNESSETH WHEREAS, NEWPORT BEACH and COSTA MESA desire to provide intersection improvements at 17th Street/Westcliff Drive and Irvine Avenue, hereinafter referred to as "PROJECT'; and WHEREAS, the intersection to be improved lies partly within the corporate boundaries of both NEWPORT BEACH and COSTA MESA; and WHEREAS, PROJECT was approved to be fully funded by the Orange County Transportation Authority (OCTA) through the Growth Management Area Program; WHEREAS, NEWPORT BEACH has been designated as Lead Agency; and WHEREAS, NEWPORT BEACH, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as amended, by finding the PROJECT to be categorically exempt; and WHEREAS, NEWPORT BEACH and COSTA MESA entered into a cooperative agreement, dated May 5, 1994, which provided for NEWPORT BEACH to act as PROJECT ENGINEER in administering construction of the PROJECT; and WHEREAS, NEWPORT BEACH completed preparation of PROJECT plans (City of Newport Beach Drawing No. R- 5674 -S which has been approved by COSTA MESA), advertised for bids to construct PROJECT and has awarded a contract to the low bidder, the Griffith Company, to construct the PROJECT; and WHEREAS, NEWPORT BEACH has delayed start of PROJECT construction 1 a due to the uncertainty of funds being received from OCTA in light of the Orange County bankruptcy; and WHEREAS, OCTA has notified NEWPORT BEACH and COSTA MESA that funds for the PROJECT will be paid, but payment will be delayed several months in order for OCTA to make a large debt service payment which is due in February 1995. This delay is the result of current cash flow problems at OCTA associated with the Orange County bankruptcy; and WHEREAS; the low bid received for construction of PROJECT is a good bid and some additional cost is anticipated if the Griffith Company's contract is terminated and the PROJECT is re -bid in the future; NOW, THEREFORE, the parties hereto agree as follows: I. NEWPORT BEACH and COSTA MESA desire to proceed with PROJECT construction, with funding on a 50/50 basis (50% NEWPORT BEACH /509 COSTA MESA), until such time as OCTA makes PROJECT payment to NEWPORT BEACH. The cost of the PROJECT contract awarded to the Griffith Company is $234,525. II. NEWPORT BEACH: A. Shall notify the Griffith company to proceed with PROJECT construction. B. Shall invoice COSTA MESA for 50% of each monthly progress payment made to the Griffith Company during construction of PROJECT. C. Shall reimburse COSTA MESA for all of COSTA MESA payments made to NEWPORT BEACH under term of this agreement within 30 days of NEWPORT BEACH'S receipt of payment for PROJECT from OCTA. III. COSTA MESA: A. Shall provide funds for 509 of each monthly progress payment made to the Griffith Company during construction of the PROJECT, prior to OCTA PROJECT payment to NEWPORT BEACH. Total not to exceed 509 of PROJECT contract amount ($117,262.50). B. Shall make payment to NEWPORT BEACH for their share of each progress payment within 30 days of receipt of invoice for payment from NEWPORT BEACH. IV. It is mutually understood and agreed that the terms and conditions of Cooperative Agreement dated May 5, 1994, remain in affect. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF NEWPORT BEACH: By: City Attorney CITY OF COSTA MESA: By: City Manager By: —'a�City CI rk M Approved as to form: City Attorney April 25, 1994 t C•: CITY COUNCIL AGENDA APR ? 5 ITEM NO ------ TO: CITY COUNCIL g • APPROVED...._ -_.. FROM: PUBLIC WORKS DEPARTMENT SUBJECT: IRVINE AVENUE AND 17TH STREET/WESTCLIFF DRIVE STREET - COOPERATIVE PROJECT AGREEMENT WITH CITY OF COSTA MESA C -2943 (B) RECOMMENDATION: 1. Approve Cooperative Project Agreement with the City of Costa Mesa. 2. Authorize the Mayor and the City Clerk to execute the cooperative project agreement. DISCUSSION: The 1993/94 Capital Improvement Program Measure M Fund includes an appropriation for the right -of -way and construction of intersection • improvements at Irvine Avenue and 17th Street/Westcliff Drive. The project was recommended as part of the Growth Management Area 8 transportation project priority list which was approved by the Orange County Transportation Authority in July 1992. The project proposes to widen 1 7th Street/Westcliff Drive in order to provide a second eastbound left -turn lane to northbound Irvine Avenue; and the construction of dual left -turn lanes on Irvine Avenue in both directions. The major portion of the project is within the City of Costa Mesa. The purpose of this Cooperative Project Agreement is to designate the City of Newport Beach to be the Lead Agency responsible for administering the construction of the project. The agreement will enable the City to seek bids to start this project. A copy of the agreement is attached for reference. K.W. Lawler and Associates was authorized by the Council to prepare final construction plans, specifications, cost estimates and bid proposal. These plans, specifications and cost estimate will be completed shortly and will be placed on the City Council Agenda in the near future. Total construction funding •for this project in the amount of $230,000 has been approved by the Orange County Transportation Authority This agreement does not obligate the City for any City funding. It is anticipated that the project's construction costs will be -o ered totally y (Neasure M funds. Benjamin B. Nolan`/ Public Works Dept. Director Attachment COOPERATIVE PROJECT AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 17TH STREET /WESTCLIFF DRIVE AND IRVINE AVENUE • THIS AGREEMENT is made and entered into this day of 1994, by and between the City of Newport Beach, a municipal corporation, hereinafter designated "NEWPORT BEACH" and the City of Costa Mesa, a political subdivision of the State of California, hereinafter designated "COSTA MESA ". W T T N E S S 9 T H WHEREAS, NEWPORT BEACH and COSTA MESA desire to provide intersection improvements at 17th Street /Westcliff Drive and Irvine Avenue, hereinafter referred to as "PROJECT "; and WHEREAS, the intersection to be improved lies partly within the corporate boundaries of both NEWPORT BEACH and COSTA MESA; and WHEREAS, PROJECT will be fully funded by the Orange County • Transportation Authority through the Growth Management Area Program; WHEREAS, NEWPORT BEACH has been designated as Lead Agency;and WHEREAS, NEWPORT BEACH, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as amended, by finding the PROJECT to be categorically exempt. NOW, THEREFORE, the parties hereto agree as follows: I. NEWPORT HBACHf A. Shall be and is hereby designated as Project Engineer, contracting and construction Agent for the parties to do and perform all things necessary in order to design and construct said PROJECT in accordance with the plans and specifications as approved by COSTA MESA,NEWPORT BEACH, • and to execute and deliver all documents required in connection with the construction and completion of said PROJECT, including its Notice of completion. B. Address all of COSTA MESA standards, policies, and procedures; including compliance to design, construction E 0 ! standards, approval of final plans and specifications by the Director of Public Services, coordinate right -of -way construction permits and inspection services for all portions of PROJECT within COSTA MESA, • II. COSTA MESA: A. Shall review and approve the necessary documents for completion of said COSTA MESA portion of PROJECT. B. Shall issue, at no cost to NEWPORT BEACH, necessary permits, as required for work in COSTA MESA. C. Shall obtain all Right of Entry permissions from property owners for the purpose constructing PROJECT. III. It is MUTUALLY UNDERSTOOD AND AGREED: A. That neither COSTA MESA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by NEWPORT BEACH under or in connection with any work, authority, or jurisdiction delegated to NEWPORT BEACH under this agreement. It is also understood and • agreed that, pursuant to Government Code Section 895.4, NEWPORT BEACH shall fully indemnify, defend, and hold COSTA MESA harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by NEWPORT BEACH under or in connection with any work, authority, or jurisdiction delegated to NEWPORT BEACH under this agreement. B. That neither NEWPORT BEACH nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or jurisdiction not delegated to NEWPORT BEACH under this agreement. it is also understood and agreed that pursuant to Government Code Section 895.4, COSTA MESA shall fully indemnify, defend, and hold NEWPORT BEACH harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by 2 • 0 reason of anything done or omitted to be done by COSTA MESA or in with any work, authority, or jurisdiction not delegated to NEWPORT BEACH under this agreement. • C. That all obligations under the terms of this Agreement are subject to the appropriation of funding of $230,000 by the Orange County Transportation Authority. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF NEWPORT BEACH: By: Mayor By: City Clerk • Approved a o form: City Attorney • I CITY OF COSTA MESA: By:_ Mayor City Clerk Approved as to form: City Attorney 0 r (' - 2 j S/.' i4% COOPERATIVE PROJECT AGREEMENT FOR INTERSECTION IMPROVEMENTS AT 17TH STREET /WESTCLIFF DRIVE AND IRVINE AVENUE THIS AGREEMENT is made and entered into this cV9--ese— day of 1994, by and between the City of Newport Beach, a municipa corporation, hereinafter designated "NEWPORT BEACH" and the City of Costa Mesa, a political subdivision of the State of California, hereinafter designated "COSTA MESA ". WHEREAS, NEWPORT BEACH and COSTA MESA desire to provide intersection improvements at 17th Street /Westcliff Drive and Irvine Avenue, hereinafter referred to as "PROJECT "; and WHEREAS, the intersection to be improved lies partly within the corporate boundaries of both NEWPORT BEACH and COSTA MESA; and WHEREAS, PROJECT will be fully funded by the Orange County Transportation Authority through the Growth Management Area Program; WHEREAS, NEWPORT BEACH has been designated as Lead Agency;and WHEREAS, NEWPORT BEACH, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as amended, by finding the PROJECT to be categorically exempt. NOW, THEREFORE, the parties hereto agree as follows: I. NEWPORT BEACH: A. Shall be and is hereby designated as Project Engineer, Contracting and Construction Agent for the parties to do and perform all things necessary in order to design and construct said PROJECT in accordance with the plans and specifications as approved by COSTA MESA,NEWPORT BEACH, and to execute and deliver all documents required in connection with the construction and completion of said PROJECT, including its Notice of Completion. B. Address all of COSTA MESA standards, policies, and procedures; including compliance to design, construction 1 0 0 standards, approval of final plans and specifications by the Director of Public Services, coordinate right -of -way construction permits and inspection services for all portions of PROJECT within COSTA MESA. II. COSTA MESA: A. Shall review and approve the necessary documents for completion of said COSTA MESA portion of PROJECT. B. Shall issue, at no cost to NEWPORT BEACH, necessary permits, as required for work in COSTA MESA. C. Shall obtain all Right of Entry permissions from property owners for the purpose constructing PROJECT. III. It is MUTUALLY UNDERSTOOD AND AGREED: A. That neither COSTA MESA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by NEWPORT BEACH under or in connection with any work, authority, or jurisdiction delegated to NEWPORT BEACH under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, NEWPORT BEACH shall fully indemnify, defend, and hold COSTA MESA harmless from any liability imposed for injury (as defined by Government Code Section 810.8) , occurring by reason of anything done or omitted to be done by NEWPORT BEACH under or in connection with any work, authority, or jurisdiction delegated to NEWPORT BEACH under this agreement. B. That neither NEWPORT BEACH nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COSTA MESA under or in connection with any work, authority, or jurisdiction not delegated to NEWPORT BEACH under this agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, COSTA MESA shall fully indemnify, defend, and hold NEWPORT BEACH harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by 2 0 0 reason of anything done or omitted to be done by COSTA MESA or in with any work, authority, or jurisdiction not delegated to NEWPORT BEACH under this agreement. C. That all obligations under the terms of this Agreement are subject to the appropriation of funding of $230,000 by the Orange County Transportation Authority. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF NEWPORT BEACH: By: c7c'ZdZYt LCf� , Mayor By:: City Clerk Approv as form: i Citaf Attorney FJ CITY OF COSTA MESA: By: Mayor r. - City 6 lerk Approved as to form: City Attorney C €.y Council Approved On: �Lf „....gin,