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,