HomeMy WebLinkAboutC-3167 - State Route 73/55 Interchange Connector BSan Joaquin Hills
Corridor Agency
Chairman:
Todd Spitzer
Orange County
Supervisor
July 13, 2000
Foothill /Eastern
Corridor Agency
Chairman:
TRANSPORTATION CORRIDOR ACIES Suspn Withrow
Mission Viejo
Don Webb
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Subject: First Amendment to the Funding Agreement for the Confluence
State Route 73 and Interstate 405 (C -97 -472)
Dear Don:
Enclosed please find a fully executed original of the subject amendment to the confluence
funding agreement for your files.
I sincerely appreciate your efforts in helping to accomplish the approval of the amendment in
such a short period of time. With four separate public agencies involved, this was quite
remarkable.
This was truly done with a spirit of cooperation by all parties. Thank you.
Sincerely,
U
Wendell Hartman
Deputy Director
Design and Construction
Walter D. Kreutzen, Chief Executive Officer
125 PACIFICA, IRVINE CA 92618 -3304 • PO. BOX 53770, IRVINE CA 92619-3770 • 9491754 -3400 FAX 9491754 -3467
w tcogencies.com
Members: Anaheim • Costa Mesa • County of Orange • Dana Point • Irvine • Lake Forest • Laguna Hills • Laguna Niguel • Laguna Woods
Mission Viejo • Orange • Newport Beach • Rancho Santa Margarita • Santa Ana • San Clemente • San Juan Capistrano • Tustin • Yorba Linda
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FIRST AMENDMENT TO
AGREEMENT REGARDING FUNDING OF
CERTAIN IMPROVEMENTS TO THE CONFLUENCE OF
STATE ROUTE 73 AND INTERSTATE 405 (C -97 -472)
THIS FIRST AMENDMENT TO AGREEMENT REGARDING FUNDING OF CERTAIN
IMPROVEMENTS TO THE CONFLUENCE OF STATE ROUTE 73 AND Ij`ITERSTATE 405 (C-
97 -472) ( "First Amendment') is entered into as of this �� / /�� day of -,/u 2000,
by and among THE CITY OF COSTA MESA, THE CITY OF NEWPORTIAEACH, THE SAN
JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (the "Agency ") AND THE
ORANGE COUNTY TRANSPORTATION AUTHORITY (collectively, "the Parties ").
WHEREAS, the Parties have entered into that certain agreement entitled Agreement
Regarding Funding of Certain Improvements to the Confluence of State Route 73 and Interstate 405
(C -97 -472), dated January 28, 1997, (the "Agreement'); and
WHEREAS, as of the date hereof, interest accrued in the Confluence Account, as that term is
defined and referenced in the Agreement, totals approximately $900,000; and
WHEREAS, the Parties agree that not all of the $900,000 in interest accrued in the Confluence
Account, currently held by Agency, may be necessary to reimburse construction, right -of -way
acquisition, and other related costs of the Improvements, as that tern is defined and referenced in the
Agreement; and
WHEREAS, the Parties agree that a portion of the $900,000 in interest accrued in the
Confluence Account may be excluded from the Confluence Funds, as that term is defined and
referenced in the Agreement, and may be retained by the Agency provided that said funds are
determined not necessary to fund the I -405 portion of the Improvements; and
WHEREAS, the Parties hereby express their mutual desire and intent to amend the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and for other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the Parties hereby agree to amend the Agreement as follows:
1. Paragraph 3 ( "Confluence Funding "), is amended to add the following as subparagraph (c),
subparagraph (d) and subparagraph (e):
(c) Notwithstanding subparagraph (a) under this paragraph, of the first $900,000 of
interest accrued in the Confluence Account, $430,000 shall be retained by the
Agency as its sole and separate property. Subject to subparagraph (d) below, the
remaining amount of interest, approximately $470,000, and any further interest
accruing in the Confluence Account, will be available to reimburse certain costs
of construction and right -of -way acquisition for the Improvements as part of the
Confluence Funds, as provided in subparagraph (a) under this paragraph.
199191_I.doe
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(d) In the event the total amount of final bids for the construction of the I -405
portion of the Improvements falls below the amount budgeted for construction
and right of way for such portion of the Improvements, which amount is
approximately $50,300,000 as of the date hereof, any amount of remaining
interest accrued in the Confluence Account, up to a maximum of $170,000, shall
be retained by the Agency as its sole and separate property.
(e) In the event that the total amount of final bids for construction of the I -405
portion of the Improvements exceeds the amount budgeted for construction and
right of way for such portion of the Improvements, which amount is
approximately $50,300,000 as of the date hereof, Agency will return to the
Confluence Account all or part of the interest retained by the Agency pursuant
to subparagraph (c) under this paragraph, for the funding of any such budget
shortfall, providing that in no event shall such amount exceed $430,000 plus any
interest earned on that amount.
2. Paragraph 4 ( "Disbursement of Confluence Funds ") is amended to add the following to the
last sentence of that section:
and less any interest retained by the Agency pursuant to subparagraphs 3(c) and 3(d).
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be
executed as of the date first written above.
CITY OF COSTA MESA:
By: > 4 �1N1 ,
Name: S, zzis
Title: &O L. a 9er izu CE-S
�b.lizee -7VR-
APPROVED AS TO FORM:
By: I",1�9 /�iiis� �f
City Attorney
CITY OF NEW ORT BEACH:
By:
Nam •
Title: i'Ylaio-
APPROVQED S TO FO
By:
City Attorney
SAN JOAQUIN HILLS TRANSPORTATION ORANGE COUNTY TRANSPORTATION
CORRIDOR AGENCY, joint powers agency: AUTHORITY:
By: W
W. D. Kre tz
Chief Executive Officer
APP O ED � M By:
Agency's Counsel
199191_I.doc
By:
Chief Exec ive Of cer
APP VED AS TOO FORM:
By:
ounsel
0 0
EXCERPT
MINUTES OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA
A regular meeting of the City Council of the City of Costa Mesa was held on July 3, 2000, at 6:30
p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa.
PRESENT: Mayor Gary Monahan, Mayor Pro Tern Libby Cowan, Council Member Joe
Erickson, Council Member Heather Somers, and Council Member Linda Dixon.
ABSENT: None
"Item 5 on the Consent Calendar was presented: First amendment to Agreement No. C97 -472
with the Orange County Transportation Authority (OCTA), the California Department of
Transportation (CALTRANS), and the City of Newport Beach, for the Interstate I- 405 /State
Route 73 Confluence Improvement Project. The Public Services Director corrected the title of
this item as listed on the agenda, deleting CALTRANS, and adding the Transportation Corridor
Agencies (TCA). On motion by Council Erickson, seconded by Council Member Dixon, and
carried 5 -0, the amendment to the agreement was approved, and the Public Services Director was
authorized to sign on behalf of the City."
ADJOURNMENT: The Mayor declared the meeting adjourned at 8:30 p.m.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex- officio Clerk of the City Council of the
City of Costa Mesa, hereby certify the foregoing to be a full, true, and correct copy of the minute
entry on record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 5 °i day of July, 2000.
T
Deputy City lerk and ex- officio Clerk of
the City Cou cil of the City of Costa Mesa
9
rI
July 11, 2000
CITY COUNCIL AGENDA
APPD�VED ITEM NO. 6
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: FIRST AMENDMENT TO AGREEMENT REGARDING FUNDING OF CERTAIN
IMPROVEMENTS TO THE CONFLUENCE OF STATE ROUTE 73 AND
INTERSTATE 405 (C -97 -472)
RECOMMENDATION:
Authorize the City Manager to execute the First Amendment to the State Route 73 /Interstate-
405 (SR73 /1 -405) Funding Agreement.
DISCUSSION:
In January 1997, the City Council authorized the City Manager to execute the SR73 /1 -405
Funding Agreement. The Agreement set aside $6.657 million from the San Joaquin Hills
Transportation Corridor Agency (TCA) for the TCA's total contribution to the right -of -way and
construction of the SR73 /1 -405 confluence improvements (outside the City of Newport Beach).
In addition, interest earned on the $6.657 million was to be available for eligible confluence
costs.
As of today, approximately $900,000 in interest has accrued in the confluence account. The
Amendment changes how the interest is to be distributed, provided that a portion of the interest
is determined to be not necessary to fund the Interstate 405 portion of the improvements.
($430,000 would be retained by the TCA and approximately $470,000, plus any further interest,
would be available for confluence improvements).
This Amendment does not affect the City of Newport Beach financially. The City and the TCA
have worked together effectively on various projects in the past, therefore, staff recommends
approval of the Amendment.
espectfull su i
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: W
Bill Patapoff
City Engineer
Attachment: Amendment
Original Agreement
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0
FIRST AMENDMENT TO
AGREEMENT REGARDING FUNDING OF
CERTAIN IMPROVEMENTS TO THE CONFLUENCE OF
STATE ROUTE 73 AND INTERSTATE 405 (C -97 -472)
THIS FIRST AMENDMENT TO AGREEMENT REGARDING FUNDING OF CERTAIN
IMPROVEMENTS TO THE CONFLUENCE OF STATE ROUTE 73 AND INTERSTATE 405 (C-
97 -472) ( "First .Amendment ") is entered into as of this day of 2000,
by and among THE CITY OF COSTA MESA, THE CITY OF NEWPORT BEACH, THE SAN
JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (the "Agency ") AND THE
ORANGE COUNTY TRANSPORTATION AUTHORITY (collectively, "the Parties ").
WHEREAS, the Parties have entered into that certain agreement entitled Agreement
Regarding Funding of Certain Improvements to the Confluence of State Route 73 and Interstate 405
(C -97 -472), dated January 28, 1997, (the "Agreement'); and
WHEREAS, as of the date hereof, interest accrued in the Confluence Account, as that term is
defined and referenced in the Agreement, totals approximately $900,000; and
WHEREAS, the Parties agree that not all of the $900,000 in interest accrued in the Confluence
Account, currently held by Agency, may be necessary to reimburse construction, right -of -way
acquisition, and other related costs of the Improvements, as that term is defined and referenced in the
Agreement; and
WHEREAS, the Parties agree that a portion of the $900,000 in interest accrued in the
Confluence Account may be excluded from the Confluence Funds, as that term is defined and
referenced in the Agreement, and may be retained by the Agency provided that said funds are
determined not necessary to fund the I -405 portion of the Improvements; and
WHEREAS, the Parties hereby express their mutual desire and intent to amend the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein, and for other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the Parties hereby agree to amend the Agreement as follows:
1. Paragraph 3 ( "Confluence Funding "), is amended to add the following as subparagraph (c),
subparagraph (d) and subparagraph (e):
(c) Notwithstanding subparagraph (a) under this paragraph, of the first $900,000 of
interest accrued in the Confluence Account, $430,000 shall be retained by the
Agency as its sole and separate property. Subject to subparagraph (d) below, the
remaining amount of interest, approximately $470,000, and any further interest
accruing in the Confluence Account, will be available to reimburse certain costs
of construction and right -of -way acquisition for the Improvements as part of the
Confluence Funds, as provided in subparagraph (a) under this paragraph.
199191_1
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(d) In the event the total amount of final bids for the construction of the I -405
portion of the Improvements falls below the amount budgeted for construction
and right of way for such portion of the Improvements, which amount is
approximately $50,300,000 as of the date hereof, any amount of remaining
interest accrued in the Confluence Account, up to a maximum of $170,000, shall
be retained by the Agency as its sole and separate property.
(e) In the event that the total amount of final bids for construction of the I -405
portion of the Improvements exceeds the amount budgeted for construction and
right of way for such portion of the Improvements, which amount is
approximately $50,300,000 as of the date hereof, Agency will return to the
Confluence Account all or part of the interest retained by the Agency pursuant
to subparagraph (c) under this paragraph, for the funding of any such budget
shortfall, providing that in no event shall such amount exceed $430,000 plus any
interest earned on that amount.
2. Paragraph 4 ( "Disbursement of Confluence Funds ") is amended to add the following to the
last sentence of that section:
and less any interest retained by the Agency pursuant to subparagraphs 3(c) and 3(d).
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be
executed as of the date first written above.
CITY OF COSTA MESA:
CITY OF NEWPORT BEACH:
By: By:
Name: Name:
Title: Title:
APPROVED AS TO FORM: APPROVED AS TO
By: By:
City Attorney City Attorney
SAN JOAQUIN HILLS TRANSPORTATION ORANGE COUNTY TRANSPORTATION
CORRIDOR AGENCY, joint powers agency: AUTHORITY:
M
W. D. Kreutzen
Chief Executive Officer
APPROVED AS TO FORM:
Lm
Agency's Counsel
199191_1
M
Chief Executive Officer
APPROVED AS TO FORM:
Counsel
2
• • C -97 -472
AGREEMENT REGARDING FUNDING OF CERTAIN 1IMPROVEMENTS TO THE
CONFLUENCE OF STATE ROUTE 73 AND INTERSTATE 405
1:17hb7:1►SGTY01
THE CITY OF COSTA NIESA, THE CITY OF NEWPORT BEACH, THE ORANGE
COUNTY TRANSPORTATION AUTHORITY, AND THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY
THIS AGREEMENT REGARDING FUNDING, dated as of the last date subscribed
below, is made by and among the CITY OF COSTA MESA, and the CITY OF NEWPORT
BEACH (collectively, "Cities "), the ORANGE COUNTY TRANSPORTATION AUTHORITY
( "OCTA "), and the SAM JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY
( "Agency ").
WHEREAS, the operational and capacity improvement modifications to State Route 73
between Birch Street and Interstate 405 (I -405), and to the I-405 from Bear Street to Euclid
Street, as further described in Exhibit A to this Agreement ( "Improvements ") have been
proposed; and
WHEREAS, the schedule for completion of the design and construction of the
Improvements is presently being developed and the Cities and OCTA in conjunction with
Caltrans presently anticipate that they will be able to begin funding various portions of the
Improvements beginning as early as 1997; and
WHEREAS, the Agency has indicated a willingness to provide funding for the
Improvements, in the amount of $13.2 million as provided in this Agreement, as full and final
satisfaction of the Agency's obligations in its approval of the San Joaquin Hills Transportation
Corridor and the approval of funding for the Corridor by the California Transportation
Commission; and
WHEREAS, the parties have determined that the Agency's commitment to funding of the
Improvements as provided in this Agreement meets and exceeds the Agency's share of the cost
of the Improvements; and
WHEREAS, the Agency's commitment of $13.2 million was set forth in a May 1990
resolution of the California Transportation Commission and the Agency has previously
appropriated $2.2 million (the "$2.2 Million Appropriation ") in furtherance of the
Improvements; and
WHEREAS, the parties desire to set forth the terms under which the Agency funds will
be made available to fund the Agency's share of the cost of the Improvements; and
963030AP.nOC
WHEREAS, OCTA will serve as lead agency in obtaining funding and in the
implementation of the Improvements; and
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, and for other valuable consideration the sufficiency and receipt of which are hereby
acknowledged, the parties hereto agree as follows:
1. Recitals. Each of the parties hereto represent and warrant, each to the other, that
the above recitals are true and correct.
2. Design Funding. The parties acknowledge that $943,000 of funds appropriated by
the Agency, a portion of which were previously delivered to the City of Costa Mesa, OCTA and
other consultants, have been expended for design, construction, environmental and other related
costs of the Improvements. Upon execution of this Agreement, the Agency will deliver an
additional $5.6 million to the City of Costa Mesa solely to be used to complete final design of all
the Improvements ( "Design Funds "). The City of Costa Mesa and OCTA will enter into an
agreement relative to the disbursement of TCA provided design funds.
(a) The Agency will set aside in a separate account $6.657 million (including
the balance of $1.257 million from the $2.2 Million Appropriation) representing the Agency's
total contribution to the right -of -way and construction of the Improvements ( "Confluence
Funds "). Any interest earnings accruing on the $6.657 million, from the effective date of this
Agreement ( "Effective Date "), will accumulate in the Confluence Funds account ( "Confluence
Account ") and will be available to reimburse certain costs of construction or right -of -way
acquisition of the eligible Improvements as part of the Confluence Funds.
(b) The Confluence Funds shall be distributed to reimburse the eligible cost of
the construction and right -of -way acquisition of the eligible Improvements in the manner set
forth in paragraph 4.
4• Disbursement of Confluence Funds. Upon the expenditure of Confluence Funds
by any parry to this Agreement that is responsible for such construction with the concurrence of
the Cities, OCTA shall request progress payment reimbursement by submission of a written
reimbursement request in substantially the form attached hereto as Exhibit B, Within ten
working days of the submission of such reimbursement request, the Agency shall deliver funds in
the amount of such request, but in no event shall the total amount, in the aggregate, of any and all
reimbursements, exceed $6.657 million, plus any interest accrued on the Confluence Funds from
the Effective Date, less any costs incurred by the Agency associated with the establishment and
maintenance of the Confluence Account.
5. The Agency shall make available to all parties to this Agreement upon request an
accounting of the "establishment and maintenance costs" of the Confluence Account.
963030AP.nOC -2-
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6. Use of Confluence Funds. The Confluence Funds shall be used only to fund the
Improvements, and are not available or eligible to be expended for any other purpose. The
Confluence funding will be specifically used to fund all or a portion of Projects 1 -A, 2 -A. 3 -C, 3-
D, 3 -E and 3 -F as described in Exhibit A.
7. Use of Excess Design Funds. In the event that any portion of the Design Funds
remains available at completion of the design of the Improvements, such funds may be used to
fund the acquisition of real property as is necessary to construct improvements to the interchange
between State Route 73 and State Route 55 ( "Project 2 -A "). Any funds remaining after design of
the Improvements and real property acquisitions for Project 2 -A may be used to fund
construction or the acquisition of real property for projects identified in Number 6 above.
8. Assurances of No Further Obligations By Agency. OCTA and the Cities shall
spend the Design Funds and Confluence Funds solely for the design, right of way and
construction of the Improvements as provided in this Agreement. The parties agree that the
Agency's commitment of $13.2 million plus interest accrued on Confluence Funds from the
Effective Date, as described in this Agreement, is the Agency's full and final commitment to
fund the Improvements, and fully satisfies any and all obligations, responsibilities or liabilities of
the Agency to fund the Improvements. The Agency shall have no obligation, responsibility or
liability to provide any funding for the Improvements, or other improvements to the SR -73
between Birch Street and I -405, including, but not limited to the interchange of SR -73 and I -405
and the interchange of SR -73 with SR -55 (collectively, the "Confluence "), except as specifically
provided in this Agreement, and the parties shall not request such additional funding by the
Agency. Without limiting the generality of the foregoing sentence, the Agency shall have no
obligation, responsibility or liability of any kind whatsoever to provide any additional funding
for the Improvements, or other improvements to the Confluence, in the event of any changes to
the scope of work, delays in the project schedule, increases in estimated costs, force majeure
events, or other circumstances, whether or not such circumstances were anticipated or
unanticipated.
9. Use of Funds for Administrative P=oses, All parties agree that no requests shall
be made from the confluence funds for staff time for administrative purposes to design, acquire
right -of -way or construct improvements without the approval of the Cities and OCTA.
10. Indemnification. The City of Costa Mesa, and OCTA, individually and
collectively, agree to release, indemnify, defend (with counsel acceptable to the Agency) and
hold harmless (collectively "Indemnity") the Agency, its officers, directors, employees and
agents, and each and every one of them, from and against all suits, legal actions, administrative
proceedings, damages, claims, losses or expenses (collectively "Claims ") of every type and
description to which they may be subjected or put, by reason of or arising from this Agreement,
or the design, engineering, construction, maintenance and/or operation of the Improvements.
The City of Newport Beach shall indemnify Agency, its officers, directors, employees and
agents, and each and every. one of them, from any and all Claims arising from the City of
Newport Beach's participation in the design engineering and construction of Project 2A.
963030AP.nOC -3-
• 1•
11. Audit. The Agency shall have the right, during normal business hours and upon
the giving of 10 days' written notice to the other parties, to review all books and records of the
other parties pertaining to costs and expenses incurred by the other parties in constructing any of
the Improvements or in the expenditure of any funds provided by the Agency pursuant to this
Agreement. This provision shall not in any way obligate the Agency, or create a duty for the
Agency, to review such books or records.
12. Attorneys' Fees. In the event of the bringing of any action or suit by either party
against the other arising out of this Agreement, the party in whose favor final judgment shall be
entered shall be entitled to recover from the other party all costs and expenses of suit, including
reasonable attorneys' fees.
13. Notices. Any notice, payment or instrument required or permitted by this
Agreement to be given or delivered to either party shall be deemed to have been received when
personally delivered or 72 hours following deposit of the same in any United States Post Office
in California, registered or certified mail, postage prepaid, addressed as follows:
If to Agency:
Transportation Corridor Agencies
Attention: Chief Executive Officer
201 E. Sandpointe, Suite 200
P.O. Box 28870
Santa Ana, CA 92799 -8870
with a copy to:
Robert D. Thornton, Esq.
Nossaman, Guthner, Knox & Elliott LLP
18101 Von Karman, Suite 1800
Irvine, CA 92715
If to Cities:
Kevin Murphy
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
If to OCTA:
Stan Oftelie
Chief Executive Officer
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863 -1584
963030AP.tbC d-
William Morris
Director of Public Services
City of Costa Mesa
77 Fair Drive (P.O. Box 1200)
Costa Mesa, CA 92626
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Each party may change its address for delivery of notice by delivering written
notice of such change of address to the other parties.
14. ;3everability. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect
to the fullest extent reasonably possible.
15. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
16. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
17. Amendments. Amendments to this Agreement shall be made only by written
instrument executed by each of the parties hereto.
18. Authorization. The parties represent and warrant that the execution and delivery
of this Agreement has been duly authorized and approved by all requisite action, no other
authorization and approval is necessary to enter into this Agreement, and the persons
executing this Agreement have the authority to bind their respective agencies.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last
date noted below.
CITY OF COSTA MESA
By: i U^—
William Morris
Director of Public Services
Date: j M`1. 20 , i �f `t 7
963030AP.I)OC -5-
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CITY OF NEWPORT BEACH
By:
Ke ih'Murplfy
City Manager
Date:
963030AP.DOC
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ORANGE COUNTY TRANSPORTATION AUTHORITY
By: 193n, Stan ORelie
Chief Executive Officer
Date: I. q-4-7
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
Woodruff, Spradlin & Sma
Date: "Mr-)
963030AP.DOC -7-
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SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY
By: �9ElD ��2
William Woollett, Jr.
Chief Executive Officer
Date: I I I to f R 7
APPROVED AS TO FORM:
NOSSA , GUTHN KNOX & ELLIOTT, LLP
By i
Attorneys or San Joaquin Hills Transportation
Corridor Agency
963030AP.DOC -8-
EXHIBIT A
Description of the Improvements
0
STATE ROUTE 73
INTERSTATE 405
Project
Project Description
Project
i
Project Description
No.
No.
1 -A
Restripe to open existing SB
i
3 -A
Construct N+-B auxiliary lane (Harbor to
lane from I -405 to SR -55;
Euclid)
construct third SB mired flow
lane from SR -55 to Birch;
construct third NB mixed flow
lane from Campus to Baker.
I -B
Construct SB HOV lane from I-
3•B
Construct Hyland Avenue on -ramp to NB I-
405 to Birch; construct NB HOV
405; close SB Harbor to NB I -405 direct
lane from Birch to Bear.
ramp.
l -C
Construct NB auxiliary lane
3 -C
Reconstruct NB Harbor loop on -ramp, extend
from SR -55 to Bear Street.
NB lane number 6 from Harbor loop on -ramp
to existing SB Harbor to I -405 NB on -ramp.
I -D
Widen NB connector to three
3 -D
Construct Harbor /Fairview braid with interim
lanes for 1000 feet beyond the
1 -405 NB exit to Harbor. Construct lane
ramp (provides lane number 7 as
number 6 from new Fairview on -ramp to
merging lane).
Harbor loop on -ramp.
2 -A
Construct connector B and NB
3 -E
Construct new NB SR -73 off -ramp to
auxiliary lane from Campus to
Fairview. Relocate NB I -405 Harbor exit to
SR -55.
Fairview Road off -ramp. Construct ultimate
Harbor off -ramp. Extend lane number 6 from
temporary Harbor off -ramp location to
Fairview on -ramp.
3 -F
SB I -405 operational improvements.
963030AP.DOC
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EXMBIT B
Form of Reimbursement Request
San Joaquin Hills Transportation Corridor Agency
Attention: Controller
201 E. Sandpointe, Suite 200
P.O. Box 28870
Santa Arta, CA 92-799-8870
Re: Agreement Regarding Funding of Certain Improvements to the Confluence of State
Route 73 and Interstate 405
Ladies and Gentlemen:
In accordance with the terms of the Agreement Regarding Funding of Certain
Improvements to the Confluence of State Route 73 and Interstate 405, by and among the City of
Costa Mesa, the City of Newport Beach, the Orange County Transportation Authority, and the
San Joaquin Hilts Transportation Corridor Agency ( "Agency'), dated as of 1996
(the "Confluence Funding Agreement "), you are hereby authorized and requested to make
immediate disbursement of funds held by you in the Confluence Account established pursuant to
Section 4 of the Confluence Funding Agreement.
You are hereby requested to pay the Requested Reimbursement Amount indicated below
from the Confluence Account, to the public entity designated below as Payee. The Requested
Reimbursement amount _ percent of the sum set forth below as the Improvement Amount.
963030AP.DOC
Payee:
Address:
Improvement Amount:
Requested
Reimbursement Amount:
-10-
,>
• (s
Copy of invoice with proof of payment or certification that such expense has been made, with
identification of portion of Improvement thereof for which payment is requested:
The undersigned hereby certifies that (i) the Improvement Amount is the actual cost of
the Improvements (as defined in the Confluence Funding Agreement) to which payment relates
and no part of the Improvement amount herein has been included in any other request previously
filed with you; (ii) the Agency will be indemnified from any liens or claims which have been or
may be filed affecting the rights of the person, corporation or other entity owning the property on
which any portion of the Improvements is located, and any liens or claims arising from the
contractor, its subcontractors, and its suppliers; and (iii) the labor, services and/or materials
covered hereby have been performed upon or famished to the project and the payment requested
herein is due and payable and represents a cost of the Improvements in accordance with the
Confluence Funding Agreement.
Dated: _, 19_
963030AP.DOC
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OCTA
BOARD OF DIRECTORS
Robert P. Wahistron:
Chairman
Sarah L. Catz
Vice - Chairman
Laurann Cook
Director
Tom Daly
Director
Miguel pulida
Director
James W. Silva
Director
Charles V Smith
Director
Todd Spitzer
Director
Michael Ward
Director
Thomas W Wilson
Director
Susan Withrow
Director
Mike McManus
Governor's
Ex- Officio Member
Arthur C. Brawn
Alternate
William G. Steiner
Alternate
Gregory T. Winterbottom
Alternate
1]
December 12, 1997
Mr. Bill Patapoff
City Engineer
Public Works Department
CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
•
DEC
SUBJECT: COOPERATIVE AGREEMENT NO. C -7 -0458, FUNDING OF
CONSTRUCTION OF CONNECTOR B
Dear Mr. Patapoff:
Enclosed for your records is an original copy of Cooperative Agreement No. C -7-
0458 between the Orange County Transportation Authority, City of Newport
Beach, City of Costa Mesa and San Joaquin Hills Transportation Corridor Agency
for funding of the construction of Connector B (Northbound SR 73 and
Southbound SR 55).
If you should have any questions regarding this matter, please contact me at (714)
560 -5614.
rn nely,
Pageh
Senior Procurement Administrator
Enclosure
DELIVERED BY MESSENGER
Orange County Transportation Authority
550 South Main Street /P.O. Box 14184 /Orange /California 92863 -1584 / (714) 560 -OCTA (6282)
0 9
1 COOPERATIVE AGREEMENT C -7 -0458
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND CITY OF COSTA MESA
5 AND CITY OF NEWPORT BEACH
6 AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY
7 FOR
8 FUNDING OF CONNECTOR B (NORTHBOUND STATE ROUTE 73
9 TO SOUTHBOUND STATE ROUTE 55)
10 THIS AGREEMENT is made and entered into this IC -i; %t day of �-�� <:, n�[.a .- , 1997, by
11 and between the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public corporation of the
12 State of California (hereinafter called "AUTHORITY "); the CITY of COSTA MESA, a municipal
13 corporation; the CITY of NEWPORT BEACH, a municipal corporation (collectively hereinafter called
14 "CITIES "), and the SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY, a Joint
15 Powers Agency (hereinafter called "AGENCY").
16 RECITALS:
17 WHEREAS, on January 20, 1997, the CITIES, AUTHORITY, and AGENCY entered into
la
Agreement No. C -97 -472, the Agreement Regarding Funding of Certain Improvements to the
19 Confluence of State Route 73 and Interstate 405; and
zo
WHEREAS, AGENCY (also referred to as "Agency" in Agreement No. C -97 -472), in
21
accordance with the provisions of Agreement No. C -97 -472 has set aside in a separate account the
22 " Confluence Funds" of Six Million, Six Hundred Fifty Seven Thousand Dollars ($6,657,000), which
23 represents the balance of AGENCY's total commitment of Thirteen Million, Two Hundred Thousand
24 Dollars ($13,200,000); and
25
26
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•AGREEMENT NO. C -7 -0458
WHEREAS, Connector B (Northbound SR 73 to Southbound SR 55) is one of the project
elements included in the " Improvements" as described in Exhibit A of Agreement No. C -97 -472;
and
WHEREAS, CITIES, AUTHORITY and AGENCY are desirous of advancing the construction
of Connector B as described in the Project Report dated October 1996 and approved by the
California Department of Transportation ( CALTRANS) on November 13, 1996 (hereinafter called
PROJECT'); and
WHEREAS, the 405/73 Steering Committee, comprised of CITIES, AUTHORITY, AGENCY,
CALTRANS and other Agencies, was formed to provided direction and oversight of the
implementation of 405/73 improvements, which includes PROJECT; and
WHEREAS, AUTHORITY will serve as the lead agency in obtaining funding and in the
implementation of PROJECT; and
WHEREAS, the parties desire to set forth the terms under which funds will be made
available to fund the advanced construction of PROJECT; and
NOW THEREFORE, it is mutually understood and agreed by AUTHORITY, CITIES, and
AGENCY as follows:
1. Recitals. Each of the parties hereto represents and warrants, each to the other, that
the above recitals are true and correct.
2. Award of Contract. The AUTHORITY shall execute a Cooperative Agreement with
CALTRANS to advertise and award a construction contract for PROJECT.
3. PROJECT Costs. The total estimated cost for PROJECT, including right of way,
construction, and construction management is approximately Seven Million, One Hundred Thirty
Thousand Dollars ($7,130,000). Notwithstanding the foregoing, nothing in this Section alters in any
way Section 8 of Agreement No. C -97 -472, which states that the Agency has no obligation,
responsibility or liability to provide funding for the improvements or the Confluence (both described
in Agreement No. C -97 -472), except as specifically set forth in Agreement No. C -97 -472. The
Page 2 of 11
• •AGREEMENT NO. C -7 -0458
1 design cost is the subject of Agreement No. C -97 -472. In the event that the actual cost for
2 PROJECT exceeds the estimated cost, the CITIES, AUTHORITY and the AGENCY shall convene
3 and resolve to fund the balance required to complete construction of PROJECT.
4 4. Available funds.
5 A. The City of Costa Mesa was awarded approximately $2,614,600 for
6 PROJECT from the Combined Transportation Funding Programs (CTFP), which is administered by
7 AUTHORITY. In addition, a contingency and future allocation of approximately $565,400 has been
8 approved from the CTFP for CITY for PROJECT, with the total amount of $3,180,000 of CTFP funds
9 to be available during construction of PROJECT. AUTHORITY will notify CITY when a construction
10 contract has been awarded. Upon receipt of a written notice, CITY shall send a letter to
11 AUTHORITY authorizing internal transfer of CTFP funds.
12 B. The City of Newport Beach was awarded approximately $250,000 for
13 PROJECT from the Combined Transportation Funding Programs (CTFP), which is administered by
14 AUTHORITY. AUTHORITY will notify CITY when a construction contract has been awarded. Upon
15 receipt of a written notice, CITY shall send a letter to AUTHORITY authorizing internal transfer of
16 CTFP funds.
17 5. AGENCY Funding. AGENCY shall allocate approximately $2,500,000 from the
18 "Confluence Funds" account as its share of funding for PROJECT. The money shall be allocated
19 $1,000,000 in Fiscal Year 98/99 and $1,500,000 in Fiscal Year 99/2000. AGENCY shall pay
20 AUTHORITY upon receipt of a written request from AUTHORITY. If there are insufficient
21 Confluence Funds available for the payment, Agency shall have no obligation to make any payment
in excess of the Confluence Funds.
22
23 6. City of Costa Mesa Funding. Subject to the availability of funds and appropriation
24 by the City Council, the City of Costa Mesa shall contribute $600,000 as its share of funding for
2s
PROJECT. The money shall be allocated $240,000 in Fiscal Year 98/99 and $360,000 in Fiscal
26 Year 99/2000. Appraisal to establish compensation for acquisitions will be completed by
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•
• AGREEMENT NO. C -7 -0458
AUTHORITY. CITY will deposit funds in the amount of appraised value within thirty (30) days of
invoice by AUTHORITY. Offers will be contingent upon receipt of payment from CITY. If a
construction contract is awarded in Fiscal Year 98/99, upon award of contract, AUTHORITY will
invoice CITY for the remaining allocated amount for that fiscal year. AUTHORITY will invoice CITY
for the Fiscal Year 99/2000 allocated amount on the first day of the same fiscal year. The award of
construction contract is contingent upon funding allocations from CITY.
7. City of Newport Beach Funding. Subject to the availability of funds and
appropriation by the City Council, the City of Newport Beach shall contribute $600,000 as its share
of funding for PROJECT. The money shall be allocated $240,000 in Fiscal Year 98/99 and $360,000
in Fiscal Year 99/2000. CITY shall pay AUTHORITY upon receipt of a written request from
AUTHORITY. The award of construction contract is contingent upon funding allocations from CITY.
8. Use of Funds Upon Completion of PROJECT. Once PROJECT is completed, any
remaining funds will be reprogrammed by the 405/73 Steering Committee.
9. Administrative Costs. All parties agree that staff administrative costs will be
absorbed by each respective party and will not be paid from the PROJECT funds.
10. Term. This Agreement remains in effect until completion of the construction and final
acceptance of PROJECT by CALTRANS, or until December 31, 2002, whichever is earlier. This
Agreement may be extended at the mutual consent of all parties.
/
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11. Indemnification.
•AGREEMENT NO. C -7 -0458
A. The CITIES, individually and collectively, shall indemnify, defend and hold
harmless the AUTHORITY, its officers, directors, employees and agents from and against any and
all claims (including attorney's fees and reasonable expense for litigation or settlement), for any loss
or damages for bodily injuries, including death, damage to or loss of use of property cause by the
negligent acts, omissions or willful misconduct by CITIES, individual and collectively, their officers,
directors, employees, or agents in connection with or arising out of the performance of this
Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless the CITIES and
AGENCY, their officers, directors, employees and agents from and against any and all claims
(including attorney's fees and reasonable expense for litigation or settlement), for any loss or
damages for bodily injuries, including death, damage to or loss of use of property caused by the
negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees, or
agents in connection with or arising out of the performance of this Agreement.
12. Audit.
A. The AGENCY shall have the right, during normal business hours and upon
the giving of 10 days' written notice to the other parties, to review all books and records of the other
parties pertaining to costs and expenses incurred by the other parties in constructing the PROJECT
or in the expenditure of any funds provided by the AGENCY pursuant to this Agreement. This
provision shall not in any way obligate the AGENCY, or create a duty for AGENCY, to review such
books or records.
B. After receipt of reasonable notice and during the regular business hours of the
other parties, the other parties shall provide AUTHORITY, or other agents of AUTHORITY, such
access to the other parties' books, records, payroll documents and facilities as AUTHORITY deems
necessary to examine, audit and inspect all accounting books, records, work data, documents and
activities directly related hereto. The other parties shall maintain such books, records, data and
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• • AGREEMENT NO. C -7 -0458
documents in accordance with generally accepted accounting principles and shall clearly identify
and make such items readily accessible to such parties during the term of this Agreement and for a
period of four (4) years from the date of termination of this Agreement hereunder.
13. Notices. All notices hereunder and communications regarding the interpretation of
the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt
requested, postage paid and addressed as follows:
If to CITIES: Mr. Kevin Murphy Mr. William Morris
City Manager Director of Public Services
City of Newport Beach City of Costa Mesa
3300 Newport Blvd. 77 Fair Drive (P.O. box 1200)
Newport Beach, CA 92663 Costa Mesa, CA 92626
If to AGENCY: Transportation Corridor Agencies
Attention: Chief Executive Officer
210 E. Sandpointe, Suite 200
P.O. Box 28870
Santa Ana, CA 92799 -8870
If to AUTHORITY: Orange County Transportation Authority
Contracts and Materials Management
550 S. Main Street
P.O. Box 14184
Orange, CA 92863 -1584
Attention: Senior Procurement Administrator
Each party may change its address for delivery of notice by delivering written notice of such change
of address to the other parties.
Page 6 of 11
• • AGREEMENT NO. C -7 -0458
1 14. Successors and Assigns. This Agreement shall be binding upon and inure to the
2 benefit of the successors and assigns of the parties hereto.
3 15. Counterparts. This Agreement may be executed in counterparts, each of which
4 shall be deemed an original.
5 16. Amendments. Amendments to this Agreement shall be made only by written
6 instrument executed by each of the parties hereto.
7 17. Authorization. The parties represent and warrant that the execution and delivery of
8 this Agreement has been duly authorized and approved by all requisite action, no other
9 authorization and approval is necessary to enter into this Agreement, and the persons executing this
10 Agreement have the authority to bind their respective agencies.
11 18. Entire Agreement. This Agreement and Agreement No. C -97 -472 represent the
12 entire agreements and understandings among the parties hereto pertaining to the subject matter
13 contained herein and supersedes all prior and contemporaneous agreements, representations and
14 understandings.
15 /
16 /
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0
•AGREEMENT NO. C -7 -0458
IN WITNESS WHEREOF, the parties hereto have cause this Agreement No. C -7 -0458 to be
executed on the date first above written.
CITY OF CIRSTA MESA
C�
By: d A -1
William Morris
Director of Public Services
Date: /2, z Gj i
APPROVED AS TO FORM:
By:
City Attorney
Date: !I- IS-11
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CITY OF NEWPORT BEACH
By: AA"
Kevin Murpl
City Manager
Date: /
APPROVED AS TO FORM:
By: L&
City /Attorney
Date:
Page 9 of 11
*AGREEMENT NO. C -7 -0458
•
SAN JOAQUIN HILLS
1 TRANSPORTATION CORRIDOR AGENCY
2 By:
William Woes e� Jr.
3 Chief Executive Officer
4
5 Date:
6
7 APPROVED AS TO FORM:
NOSSAMAN,GUTHNER,
8 KNOX��//& ELLIOTT, LLP 1Co
9 By: L Al - /q,
Attorneys for San J aqui6 n Hills
10 Transportation Corridor Agency
11
12 Date: 10-7-/1-1
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0 AGREEMENT NO. C -7 -0458
Page 11 of 11
0 AGREEMENT NO. C -7 -0458
•
ORANGE
COUNTY TRANSPORTATION AUTHORITY
1
ly �✓
2
By:
Lis Its
3
Ch" f xecutive Officer
4
Date:
1 t 7
5
6
APPROVED AS TO FORM:
7
By.
2
8
Kennard R. Smart, Jr.
Qj
General Counsel
9
Date:
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0 AGREEMENT NO. C -7 -0458
•
j r
;.__. APPROVED
TO: Mayor and Members of the City Council
FROM: Public Works Department
November 10, 1997
CITY COUNCIL AGENDA
ITEM NO. 7
C -31(477
SUBJECT: COOPERATIVE FUNDING AGREEMENT FOR CONNECTOR B
RECOMMENDATION:
Authorize the City Manager to execute Cooperative Agreement C -7 -0458 for Funding of
Connector B of the Route 73/55 Improvements.
DISCUSSION:
In January, 1997, the City entered into a funding agreement with the San Joaquin Hills
Transportation Corridor Agency (TCA), the Orange County Transportation Authority
(OCTA), and the City of Costa Mesa to establish TCA's funding obligations related to
the completion of the improvements along the SR 73 and its confluence with the 1 -405.
The agreement addressed design and right -of -way costs for the project, but did not
finalize the construction cost distribution among the agencies.
The proposed agreement provides for Connector B, the northbound SR 73 connector to
the southbound SR 55 (see Attachment A), construction to be advanced and designed
as a separate project from the other SR 73 improvements. OCTA will be the lead
agency in the implementation of this $7.13 million construction project. If approved, the
TCA will allocate $2.5 million, the cities of Costa Mesa and Newport Beach will
contribute $600,000 each and the remainder will be funded through the Measure M
competitive program.
The City of Newport Beach's portion is proposed to be budgeted using CIOSA and
Circulation and Transportation funds. Construction is anticipated to start in FY 1999-
00; therefore the agreement provides for the City's funding allocations of $240,000 in
FY1998 -99 and $360,000 in FY 1999 -00.
Although Connector B is located in Costa Mesa, Newport Beach benefits from the
construction of the proposed connector because the northbound SR 73 traffic currently
exits onto North Bristol at Birch Street and then travels over two miles through the local
street system in order to reach the southbound SR 55. This condition adds more traffic
to the city streets which results in traffic delays and early street deterioration
SUBJECT: COOPERAT UNDING AGREEMENT FOR CONNECTOR B •
November 10, 1997
Page 2
Staff recommends that the City Council authorize the City Manager to execute the •
cooperative agreement so that the project can proceed as a separate construction
contract ahead of the other SR 73/1 -405 improvements.
Respectfully submitted,
(LD a
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Bill Patapoff
City Engineer
Attachment: Cooperative Agreement C -7 -0458
Attachment A - Location Map
0
f:\ groups\ pubworks ,98- counc \nov- 1 0\fundingl.doc •
• 1 COOPERATIVE AGREEMENT C -7 -0458
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND CITY OF COSTA MESA
5 AND CITY OF NEWPORT BEACH
6 AND SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY
7 FOR
8 FUNDING OF CONNECTOR B (NORTHBOUND STATE ROUTE 73
9 TO SOUTHBOUND STATE ROUTE 55)
to
THIS AGREEMENT is made and entered into this day of , 1997, by
11 and between the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public corporation of the
12 State of California (hereinafter called "AUTHORITY "); the CITY of COSTA MESA, a municipal
13 corporation; the CITY of NEWPORT BEACH, a municipal corporation (collectively hereinafter called
la
"CITIES "), and the SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY, a Joint
is
Powers Agency (hereinafter called "AGENCY ").
16 RECITALS:
17 WHEREAS, on January 20, 1997, the CITIES, AUTHORITY, and AGENCY entered into
18 Agreement No. C -97 -472, the Agreement Regarding Funding of Certain Improvements to the
19 Confluence of State Route 73 and Interstate 405; and
WHEREAS, AGENCY (also referred to as "Agency" in Agreement No. C- 97472), in
20
zl accordance with the provisions of Agreement No. C -97 -472 has set aside in a separate account the
22 " Confluence Funds" of Six Million, Six Hundred Fifty Seven Thousand Dollars ($6,657,000), which
23 represents the balance of AGENCY's total commitment of Thirteen Million, Two Hundred Thousand
is Dollars ($13,200,000); and
25
• 26 /
Page 1 of 11
Page 2 of 11
• • AGREEMENT NO. C -7 -0458
WHEREAS; Connector B (Northbound SR 73 to Southbound SR 55) is one of the project,
1
elements included in the " Improvements" as described in Exhibit A of Agreement No. C -97 -472;
2
and
3
WHEREAS, CITIES, AUTHORITY and AGENCY are desirous of advancing the construction
4
of Connector B as described in the Project Report dated October 1996 and approved by the
5
California Department of Transportation (CALTRANS) on November 13, 1996 (hereinafter called
6
"PROJECT'); and
7
WHEREAS, the 405/73 Steering Committee, comprised of CITIES, AUTHORITY, AGENCY,
8
CALTRANS and other Agencies, was formed to provided direction and oversight of the
9
implementation of 405/73 improvements, which includes PROJECT; and
to
WHEREAS, AUTHORITY will serve as the lead agency in obtaining funding and in the
11
implementation of PROJECT; and
12
WHEREAS, the parties desire to set forth the terms under which funds will be made
]3
,available
to fund the advanced construction of PROJECT; and
14
NOW THEREFORE, it is mutually understood and agreed by AUTHORITY, CITIES, and
15
AGENCY as follows:
16
1. Recitals. Each of the parties hereto represents and warrants, each to the other, that
17
the above recitals are true and correct.
1s
2. Award of Contract. The AUTHORITY shall execute a Cooperative Agreement with
19
CALTRANS to advertise and award a construction contract for PROJECT.
20
3. PROJECT Costs. The total estimated cost for PROJECT, including right of way,
21
construction, and construction management is approximately Seven Million, One Hundred Thirty
22
Thousand Dollars ($7,130,000). Notwithstanding the foregoing, nothing in this Section alters in any
23
way Section 8 of Agreement No. C -97 -472, which states that the Agency has no obligation,
24
responsibility or liability to provide funding for the improvements or the Confluence (both described
2S
26
in Agreement No. C -97 -472), except as specifically set forth in Agreement No. C -97 -472. The
Page 2 of 11
• • AGREEMENT NO. C -7 -0458
I
i1 design cost is the subject of Agreement No. C -97 -472. In the event that the actual cost for
z PROJECT exceeds the estimated cost, the CITIES, AUTHORITY and the AGENCY shall convene
3 and resolve to fund the balance required to complete construction of PROJECT.
4 4. Available funds.
5 A. The City of Costa Mesa was awarded approximately $2,614,600 for
6 PROJECT from the Combined Transportation Funding Programs (CTFP), which is administered by
7 AUTHORITY. In addition, a contingency and future allocation of approximately $565,400 has been
8 approved from the CTFP for CITY for PROJECT, with the total amount of $3,180,000 of CTFP funds
9 to be available during construction of PROJECT. AUTHORITY will notify CITY when a construction
10 contract has been awarded. Upon receipt of a written notice, CITY shall send a letter to
11 AUTHORITY authorizing internal transfer of CTFP funds.
12 B. The City of Newport Beach was awarded approximately $250,000 for
13 PROJECT from the Combined Transportation Funding Programs (CTFP), which is administered by
14 AUTHORITY. AUTHORITY will notify CITY when a construction contract has been awarded. Upon
15 receipt of a written notice, CITY shall send a letter to AUTHORITY authorizing internal transfer of
CTFP funds.
16
17
5. AGENCY Funding. AGENCY shall allocate approximately $2,500,000 from the
"Confluence Funds" account as its share of funding for PROJECT. The money shall be allocated
18
19 $1,000,000 in Fiscal Year 98/99 and $1,500,000 in Fiscal Year 99/2000. AGENCY shall pay
AUTHORITY upon receipt of a written request from AUTHORITY. If there are insufficient
20
zl Confluence Funds available for the payment, Agency shall have no obligation to make any payment
in excess of the Confluence Funds.
22
23 6. City of Costa Mesa Funding. Subject to the availability of funds and appropriation
za by the City Council, the City of Costa Mesa shall contribute $600,000 as its share of funding for
25 PROJECT. The money shall be allocated $240,000 in Fiscal Year 98199 and $360,000 in Fiscal
26 Year 99/2000. Appraisal to establish compensation for acquisitions will be completed by
DP:OG:CF;OG
M: \CANiWCLE ICAL \WOP.DPROCWGREE\AG'1458.DOC
Page 3 of 11
• • AGREEMENT NO. C -7 -0458
1 AUTHORITY. CITY will deposit funds in the amount of appraised value within thirty (30) days of 14
2 invoice by AUTHORITY. Offers will be contingent upon receipt of payment from CITY. If a
3 construction contract is awarded in Fiscal Year 98/99, upon award of contract, AUTHORITY will
4 invoice CITY for the remaining allocated amount for that fiscal year. AUTHORITY will invoice CITY
5 for the Fiscal Year 99/2000 allocated amount on the first day of the same fiscal year. The award of
6 construction contract is contingent upon funding allocations from CITY.
7 7. City of Newport Beach Funding. Subject to the availability of funds and
8 appropriation by the City Council, the City of Newport Beach shall contribute $600,000 as its share
9 of funding for PROJECT. The money shall be allocated $240,000 in Fiscal Year 98/99 and $360,000
10 in Fiscal Year 99/2000. CITY shall pay AUTHORITY upon receipt of a written request from
11 AUTHORITY. The award of construction contract is contingent upon funding allocations from CITY.
12 8. Use of Funds Upon Completion of PROJECT. Once PROJECT is completed, any
13 remaining funds will be reprogrammed by the 405/73 Steering Committee.
14 9. Administrative Costs. All parties agree that staff administrative costs will be
is
absorbed by each respective party and will not be paid from the PROJECT funds.
16 10. Term. This Agreement remains in effect until completion of the construction and final
17 acceptance of PROJECT by CALTRANS, or until December 31, 2002, whichever is earlier. This
18
Agreement may be extended at the mutual consent of all parties.
19
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22
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11. Indemnification.
• AGREEMENT NO. C -7 -0458
A. The CITIES, individually and collectively, shall indemnify, defend and hold
harmless the AUTHORITY, its officers, directors, employees and agents from and against any and
all claims (including attorney's fees and reasonable expense for litigation or settlement), for any loss
or damages for bodily injuries, including death, damage to or loss of use of property cause by the
negligent acts, omissions or willful misconduct by CITIES, individual and collectively, their officers,
directors, employees, or agents in connection with or arising out of the performance of this
Agreement.
B. AUTHORITY shall indemnify, defend and hold harmless the CITIES and
AGENCY, their officers, directors, employees and agents from and against any and all claims
(including attorney's fees and reasonable expense for litigation or settlement), for any loss or
damages for bodily injuries, including death, damage to or loss of use of property caused by the
negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees, or
agents in connection with or arising out of the performance of this Agreement.
12. Audit.
A. The AGENCY shall have the right, during normal business hours and upon
the giving of 10 days' written notice to the other parties, to review all books and records of the other
parties pertaining to costs and expenses incurred by the other parties in constructing the PROJECT
or in the expenditure of any funds provided by the AGENCY pursuant to this Agreement. This
provision shall not in any way obligate the AGENCY, or create a duty for AGENCY, to review such
books or records.
B. After receipt of reasonable notice and during the regular business hours of the
other parties, the other parties shall provide AUTHORITY, or other agents of AUTHORITY, such
access to the other parties' books, records, payroll documents and facilities as AUTHORITY deems
necessary to examine, audit and inspect all accounting books, records, work data, documents and
activities directly related hereto. The other parties shall maintain such books, records, data and
Page 5 of 11
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• • AGREEMENT NO. C -7 -0458
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documents in accordance with generally accepted accounting principles and shall clearly identify'
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and make such items readily accessible to such parties during the term of this Agreement and for a
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period of four (4) years from the date of termination of this Agreement hereunder.
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13. Notices. All notices hereunder and communications regarding the interpretation of
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the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in
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person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt
requested, postage paid and addressed as follows:
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If to CITIES: Mr. Kevin Murphy Mr. William Morris
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City Manager Director of Public Services
City of Newport Beach City of Costa Mesa
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3300 Newport Blvd. 77 Fair Drive (P.O. box 1200)
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Newport Beach, CA 92663 Costa Mesa, CA 92626
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If to AGENCY: Transportation Corridor Agencies
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Attention: Chief Executive Officer
1
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210 E. Sandpointe, Suite 200
IS
P.O. Box 28870
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Santa Ana, CA 92799 -8870
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If to AUTHORITY: Orange County Transportation Authority
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Contracts and Materials Management
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550 S. Main Street
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P.O. Box 14184
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Orange, CA 92863 -1584
zz
Attention: Senior Procurement Administrator
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Each party may change its address for delivery of notice by delivering written notice of such change
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of address to the other parties.
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• • AGREEMENT NO. C -7 -0458
14. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto.
15. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
16. Amendments. Amendments to this Agreement shall be made only by written
instrument executed by each of the parties hereto.
17. Authorization. The parties represent and warrant that the execution and delivery of
this Agreement has been duly authorized and approved by all requisite action, no other
authorization and approval is necessary to enter into this Agreement, and the persons executing this
Agreement have the authority to bind their respective agencies.
18. Entire Agreement. This Agreement and Agreement No. C -97 -472 represent the
entire agreements and understandings among the parties hereto pertaining to the subject matter
contained herein and supersedes all prior and contemporaneous agreements, representations and
understandings.
/
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CITY OF NEWPORT BEACH
By:
Kevin Murphy
City Manager
Date:
APPROVED AS TO FORM:
By:
City Attorney
Date:
Page 9 of 11
• AGREEMENT NO. C -7 -0458
•
CITY OF NEWPORT BEACH
By:
Kevin Murphy
City Manager
Date:
APPROVED AS TO FORM:
By:
City Attorney
Date:
Page 9 of 11
* AGREEMENT NO. C -7 -0458
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CITY OF NEWPORT BEACH
By:
Kevin Murphy
City Manager
Date:
APPROVED AS TO FORM:
By:
City Attorney
Date:
Page 9 of 11
• AGREEMENT NO. C -7 -0458
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CITY OF NEWPORT BEACH
By:
Kevin Murphy
City Manager
Date:
APPROVED AS TO FORM:
Bv:
City Attorney
Date:
Page 9 of 11
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