HomeMy WebLinkAbout06 - CC-8 - Combined Transportation Funding Program - 7/19/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 19, 2011 ITEM NUMBER:
SUBJECT: COMBINED TRANSPORTATION FUNDING PROGRAM APPLICATIONS
DATE: JULY 7, 2011
FROM: PUBLIC SERVICES DEPARTMENT - TRANSPORTATION SERVICES DIVISION
PRESENTATION PETER NAGHAVI, DIRECTOR, DEPARTMENT OF PUBLIC SERVICES
BY:
FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, TRANSPORTATION SERVICES
MANAGER, 714-754-5032
RECOMMENDATION:
1. Approve the Orange County Transportation Authority (OCTA) Master Funding Agreement No.
C-1-2757 and Letter Agreement No. 1 for Measure M2 Comprehensive Transportation Funding
Programs (CTFP) (Attachment 1); and
2. Authorize the Mayor and City Clerk to execute the Agreements.
BACKGROUND:
In November 1990, Orange County voters approved Measure M, a 20 -year, half -cent local
transportation sales tax. All major transportation improvement projects and programs included in
this original Measure M have been completed or are currently underway. With the Measure M
program, the City of Costa Mesa has been successful in securing approximately $80 million in
Measure "M" funds under the Combined Transportation Funding Program (CTFP) and turnback
revenues.
In November 2006, the Orange County voters passed the Renewed Measure "M" program,
extending the half -cent sales tax for the next 30 years, beginning in the year 2011. Funds from this
sales tax are proposed to fund a wide range of improvements on Orange County freeways,
arterials, and transit systems.
In November 2010, the OCTA Board of Directors approved guidelines for the CTFP program
and subsequently authorized the first "Call for Projects" under the Renewed Measure "M"
program. The 2010 Call for Projects was issued for the Regional Capacity Program (RCP)
providing approximately $56 million for roadway improvements across Orange County.
In January 2011, the City of Costa Mesa submitted for a total of 10 projects for Measure M2 funding
under this "Call for Projects."
ANALYSIS:
OCTA reviewed the submitted applications from all agencies over the past four months. Of the 10
projects submitted by the City of Costa Mesa, OCTA selected eight (8) projects for Measure M2
grants through a competitive process, for approximately $5.3 million in funding. The projects
selected for funding along with approved phases and funding amounts are listed below. Detailed
descriptions of the approved projects are included in Attachment 2.
• Harbor Boulevard — Adams Avenue (Right-of-way and Construction)
$3,264,000
• Harbor Boulevard — Wilson Street (Construction)
$273,000
• Fairview Road — Wilson Street (Design)
$231,750
• Baker Street - Bear Street (Construction)
$181,500
• Harbor Boulevard (Law Court to Sunflower Avenue)
(Right-of-way and Construction)
$1,078,800
• Harbor Boulevard — Victoria Street (Design)
$50,213
• Bristol Street — Baker Street (Design)
$90,000
• Harbor Boulevard — Gisler Avenue (Design)
$115,875
TOTAL GRANTS SECURED $5,285,138
The required matching funds for the above projects will be derived from the Traffic Impact Fee
account, Air Quality Management District funds, and Home Ranch Development funds. No City
general funds will be used on these project grant funds. The above projects are important
components of the City of Costa Mesa's General Plan Circulation Element and are intended to
improve traffic operations at major intersections to address existing traffic conditions as well as
future development needs.
In order to secure the approved Measure M2 grants, OCTA requires that the attached
Agreements are approved by the City Council. The Agreements assign responsibilities to
agencies for the administration of grant funding and are acceptable to staff. Therefore, staff
requests City Council approval of the Agreements, and requests authorization for the Mayor and
City Clerk to execute them.
ALTERNATIVES CONSIDERED:
One alternative considered is to not approve the Agreements. This will result in cancellation of
approved Measure M2 grants.
FISCAL REVIEW:
The approval of Funding Agreements has no fiscal impact. The required matching funds for the
above projects will be derived from the Traffic Impact Fee account, Air Quality Management
District funds, and Home Ranch Development funds. No City general funds will be used on
these project grant funds.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreements as to form.
CONCLUSION:
The City of Costa Mesa submitted 10 applications for consideration of grant funding under the
Renewed Measure M program and received approval on eight projects. A total of $5.3 million was
secured with this "Call for Projects." OCTA requires City Council approval of attached Agreements
prior to granting the approved Measure M2 funds. This same agreement is requested from every
agency in Orange County awarded with Measure M2 funds. Staff requests City Council approval of
Agreements and authorization for the Mayor and City Clerk to execute them.
RAJA SETHURAMAN
Transportation Services Manager
PETER NAGHAVI
Director, Department of Public Services
E
ATTACHMENTS: 1 - Master Funding Agreement No. C-1-2757 and
Letter Agreement No. 1 to Agreement No. C-1-2757
2 - Approved Measure M2 Projects
DISTRIBUTION: Chief Executive Officer
Interim Assistant Chief Executive Officer
City Attorney
City Clerk
Interim Development Services Director
Director of Public Services
Staff
File
7-19-11 M2 Agreements Report 7/6/11 8:30 a.m.
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MASTER FUNDING AGREEMENT NO. C-1-2757
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF COSTA MESA
FOR
M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS
THIS AGREEMENT is effective this day of 2011, by and
between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange,
California 92863-1584, a public corporation of the State of California (hereinafter referred to as
"AUTHORITY"), and the City of Costa Mesa, 77 Fair Drive, Costa Mesa, CA 92626, a municipal
corporation (hereinafter referred to as "AGENCY").
RECITALS:
WHEREAS, Voters approved Renewed Measure M (M2) on November 7, 2006; and
WHEREAS, Orange County Local Transportation Authority Ordinance No. 3 outlines the M2
Transportation Ordinance and Investment Plan to fund transportation facility and service improvement
programs for a period of thirty years commencing on April 1, 2011; and
WHEREAS, AUTHORITY and AGENCY agree that M2 funding is subject to AGENCY fulfilling
M2 eligibility requirements; and
WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M Eligibility
Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent amendments on
March 14, 2011 and April 11, 2011; and
WHEREAS, AUTHORITY's Board of Directors approved the Comprehensive Transportation
Funding Programs (CTFP) Guidelines on March 22, 2010; and
WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility
Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent
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MASTER FUNDING AGREEMENT NO. C-1-2757
update is incorporated herein by reference; and
WHEREAS, AUTHORITY has approved AGENCY's competitive project(s) (hereinafter referred
to as "PROJECT(s)") as specified in Attachment A "Projects List" to receive funding under the CTFP;
and
WHEREAS, AUTHORITY has determined that AGENCY's PROJECT(s) has met the
requirements of and is eligible under the CTFP Guidelines; and
WHEREAS, AGENCY's "Project List" may be amended to include new projects with each
competitive call for projects and will be incorporated by Letter Agreement (See Attachment B) executed
by both parties and incorporated herein; and
WHEREAS, the Letter Agreement may include additional requirements for PROJECT(s) funded
with sources other than M2 or Local Fair Share Net Revenues sources; and
WHEREAS, AUTHORITY and AGENCY agree that Local Fair Share Program Net Revenues
are distributed on a formula basis to eligible jurisdictions; and
WHEREAS, payment terms for this Master Funding Agreement will be in accordance with
Chapter 10 of the CTFP Guidelines; and
WHEREAS, this Master Funding Agreement defines the specific terms and conditions and
funding responsibilities between AUTHORITY and AGENCY for CTFP and Local Fair Share Program
Net Revenues; and
WHEREAS, AUTHORITY's Board of Directors approved this Master Funding Agreement on
June 27, 2011; and
WHEREAS, the AGENCY's City Council approved this Agreement on the day of
follows:
2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by
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MASTER FUNDING AGREEMENT NO. C-1-2757
1 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this
2 agreement between AUTHORITY and AGENCY and it supersedes all prior representations,
3 understandings, and communications. The invalidity in whole or in part of any term or condition of this
4 Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above
5 referenced Recitals are true and correct and are incorporated by reference herein.
6 B. AUTHORITY'S failure to insist on any instance(s) of AGENCY's performance of any
7 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
;g AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and
19 AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of
10 this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by
11 an authorized representative of AUTHORITY by way of a written amendment to this Agreement and
12 issued in accordance with the provisions of this Agreement.
13 C. AGENCY's failure to insist on any instance(s) of AUTHORITY's performance of any
14 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
15 AGENCY's right to such performance or to future performance of such term(s) or condition(s), and
16 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
17 portion of this Agreement shall not be binding upon AGENCY except when specifically confirmed in
18 writing by an authorized representative of AGENCY by way of a written amendment to this Agreement
19 and issued in accordance with the provisions of this Agreement.
20 ARTICLE 2. SCOPE OF AGREEMENT
21 This Agreement specifies the roles and responsibilities of both AUTHORITY and AGENCY as
22 they pertain to the subjects and projects addressed herein. Both AUTHORITY and AGENCY agree
23 that each will cooperate and coordinate with the other in all activities covered by this Agreement and
24 any other supplemental agreements, including Letter Agreements, which may be required to facilitate
25 purposes thereof.
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MASTER FUNDING AGREEMENT NO. C-1-2757
31 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
2 AUTHORITY agrees to the following responsibilities for funding of PROJECT(s):
3 A. AUTHORITY shall allocate M2 Net Revenues as specified in Ordinance No. 3 and pay
4 AGENCY in accordance with the policies and procedures contained in the CTFP manual and
5 AUTHORITY's Board of Directors approved PROJECT budgets.
6 B. AUTHORITY shall provide guidance and oversight of the M2, state and federal funds in
7 compliance with M2 eligibility guidelines, CTFP Guidelines, state and federal funding requirements and
8 allocation and reporting requirements.
9 C. Within thirty (30) days of receipt of an acceptable initial payment CTFP invoice and
10 within sixty (60) days for an acceptable final payment invoice for eligible expenditures, AUTHORITY
11 shall, in accordance with Chapter 10 of the CTFP Guidelines, remit to AGENCY the required
92 reimbursement for applicable planning, environmental, engineering, right-of-way and construction
13 activities.
14 D. AUTHORITY shall pay Net Revenues allocated for the Local Fair Share Program to
15 eligible AGENCY within sixty (60) days of receipt by AUTHORITY.
16 E. AUTHORITY shall process any required Federal Transportation Improvement Program
7 (FTIP) amendments, Subject to state and federal regulations and guidelines prepared by the Southern
18 California Association of Governments.
19 F. At the request of AGENCY, AUTHORITY shall, in accordance with AUTHORITY
20 specification and no cost to the AGENCY excluding installation and removal expenses, provide signage
21 for all construction PROJECT(s) that are in excess of FIVE HUNDRED THOUSAND DOLLARS
22 ($500,000) and exceed a ninety (90) day construction schedule.
23 G. AUTHORITY, or agents of AUTHORITY, may upon close-out of each PROJECT(s)
24 under this Agreement, perform an audit and or technical review to ensure that CTFP Guidelines policies
25 and procedures were followed. Such audit shall be performed within one hundred and eighty (180)
26 days of AUTHORITY receiving the final report for each PROJECT(s). If the audit or technical review
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MASTER FUNDING AGREEMENT NO. C-1-2757
1 determines that any of the activities performed are ineligible for CTFP funding, AGENCY must return
2 the amount of funding used to perform the ineligible activity to AUTHORITY in accordance with Article
3 4.G.
4 ARTICLE 4. RESPONSIBILITIES OF AGENCY
5 AGENCY agrees to the following responsibilities for PROJECT(s):
6 A. AGENCY or AGENCY's designee will act as the lead agency for all phases of the
7 PROJECT(s) identified in Attachment A, approved for M2 funding.
g B. AGENCY agrees that M2 funding is subject to AGENCY meeting all of the requirements
g outlined in the M2 Eligibility Guidelines and CTFP Guidelines.
10 C. AGENCY agrees to implement and complete PROJECT(s) funded under this
1 1 Agreement in accordance with the CTFP Guidelines, M2 Eligibility requirements and application
12 submitted to AUTHORITY.
13 D. AGENCY agrees to submit all PROJECT information to the Federal Transportation
14 Improvement Program and OCFundTracker during semi-annual reviews and as requested by the
15 AUTHORITY in accordance with the prescribed deadlines.
16 E. AGENCY agrees to obligate funds in the programmed year in accordance with the
17 CTFP Guidelines and adhere to any additional requirements identified in any and all Letter
18 Agreement(s) amended hereto.
19 F. AGENCY agrees to enter into and required Letter Agreement for PROJECT(s) approved
20 by the Board to define specific funding and reporting requirements.
21 G. AGENCY shall return funds expended on activities, other than those approved by the
22 AUTHORITY's Board of Directors, within thirty (30) .day's of AUTHORITY's written demand. Any
23 AGENCY which uses funds for other than transportation purposes shall be deemed ineligible to receive
24 funds for a period of five (5) years.
25 H. AGENCY agrees to dispose of any acquired right-of-way in excess of the required
26 transportation use. Excess right-of-way must be identified at the time of initial payment submittal and
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MASTER FUNDING AGREEMENT NO, C-1-2757
1 prior to the disposal process. Resolution of any issues regarding whether or not a right-of-way is
2 excess to the transportation improvement will be by the mutual agreement of AUTHORITY and
3 AGENCY. Excess land acquired with CTFP funds shall be sold by AGENCY in accordance with
Government Code Sections 54220-54232 and proceeds from the sale shall be returned immediately to
.5 AUTHORITY.
6 1. AGENCY will comply with all federal, state and local laws and regulations, including the
7 Renewed Measure M2 Eligibility Guidelines — Local Agency Preparation Manual and the CTFP
8 Guidelines, which are incorporated herein by reference.
9 J. AGENCY shall install and remove signage for all competitively awarded construction
10 PROJE=CT(s) that are in excess of $500,000 and exceed a 90 day construction period in accordance
1.1 with AUTHORITY specifications during construction period. AGENCY may request AUTHORITY
12 furnished signage or it may choose to provide AGENCY furnished signage so long as said signage
13 conforms to AUTHORTY specifications as follows: Signage shall include a Measure M2 logo that is a
14 minimum of twelve inches (12") tall, an OCTA logo that is a minimum of three inches (3") tall (image
15 files provided by OCTA upon request), verbiage stating "Street Improvements Funded by Measure M"
16 in Myriad Pro, bold condensed font at two hundred and fifty six (256) pt. and "Your dollars at Work" in
17 Myriad Pro, bold condensed font at one hundred and eighty (180) pt.
18 ARTICLE 5. DELEGATED AUTHORITY
19 The actions required to be taken by AGENCY in the implementation of this Agreement are
20 delegated to its Director of Public Services, or his/her designee, and the actions required to be taken by
21 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive
22 Officer.
23 ARTICLE 6. AUDIT AND INSPECTION
24 AUTHORITY and AGE=NCY shall maintain a complete set of records in accordance with
25 generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the
26 authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books,
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MASTER FUNDING AGREEMENT NO. C-1-2757
1 accounts, and other data and records of AGENCY for a period of four (4) years after final payment, or
2 completion of audit by the AUTHORITY, or after final payment of debt service where local fair share
-,3 revenues were pledged, whichever is longer. For purposes of audit, the date of completion of this
•4 Agreement shall be the date of AUTHORITY's payment of AGENCY's final billing (so noted on the
5 invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records,
6 and accounts. The above provision with respect to audits shall extend to and/or be included in contracts
7 with AGENCY's contractor(s).
g ARTICLE 7. INDEMNIFICATION
g A. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
10 employees and agents from and against any and all claims (including attorney's fees and reasonable
11 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
12 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
13 negligent acts, omissions or willful misconduct by AGENCY, its officers, directors, employees or agents
14 in connection with or arising out of the performance of this Agreement.
15 B. AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, directors,
16 employees and agents from and against any and all claims (including attorney's fees and reasonable
17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's
18 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the
19 negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or
20 agents in connection with or arising out of the performance of this Agreement.
21 C. The indemnification and defense obligations of this Agreement shall survive its
22 expiration or termination.
23 ARTICLE 8. ADDITIONAL PROVISIONS
24 A. Term of Agreement: This Agreement shall continue in full force and effect through final
25 acceptance of PROJECT by AUTHORITY, or until March 31, 2041 whichever is later. This Agreement
26 may be extended at the mutual consent of both parties
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MASTER FUNDING AGREEMENT NO, C-1-2757
1 B. Termination: This agreement is null and void if PROJECT is not awarded. However,
2 AUTHORITY agrees to reimburse AGENCY for any costs incurred up to the official date of notification
3 to AGENCY that PROJECT will not be awarded.
4 C. AUTHORITY and AGENCY shall comply with all applicable federal, state, and local
5 laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the
6 PROJECT(s).
7 D. Legal Authority: AUTHORITY and AGENCY hereto consent that they are authorized to
8 execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties
g hereto are formally bound to the provisions of this Agreement.
10 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be
11 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
14 F. Counterparts of Agreement: This Agreement may be executed and delivered in any
15 number of counterparts, each of which, when executed and delivered shall be deemed an original and
16 all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
17 G. Force Majeure: Either Party shall be excused from performing its obligations under this
18 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
19 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
20 commandeering of material, products, plants or facilities by the federal, state or local government;
21 national fuel shortage; or a material act or omission i'by the other party; when satisfactory evidence of
22 such cause is presented to the other Party, and provided further that such nonperformance is
23 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
24 H. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or
25 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
26 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
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MASTER FUNDING AGREEMENT NO, C-1-2757
void and of no force and effect. Consent to one assignment shall not be deemed consent to any
subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.
I. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to
authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the
terms, in amounts, or for purposes other than as authorized by local, state or federal law,
J. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
the court shall award costs and expenses, including attorney's fees, to the prevailing party.
L. Notices: Any notices, requests, or demands made between the parties pursuant to this
Agreement are to be directed as follows:
To AGENCY:
To AUTHORITY:
City of Costa Mesa
Orange County Transportation Authority
77 Fair Drive
550 South Main Street
Costa Mesa, CA 92626
P.O. Box 14184
Orange, CA 92863-1584
ATTENTION; Peter Naghavi, Director of Public
ATTENTION: Marvin Cruz, Senior Contract
Services
Administrator
Tel: (714) 754-5343
Tel: (714) 560 -- 5568
Email: PNaghaviC@,ci.costa-mesa.ca.us
Email: mcruzC7octa.net
1
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MASTER FUNDING AGREEMENT NO. C-1-2757
This Agreement shall be made effective upon execution by both parties.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-2757 to be executed
on the date first above written.
CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY
By: By:
Gary Monahan Will Kempton
Mayor Chief Executive Officer
ATTEST: APPRO lED AS TO FORM:
By: By:
Julie Folcik Ke -riard R. Smart, Jr.
City Clerk General Counsel
APPROVED AS TO FORM: APPROVAL RECOMMENDED:
AGENCY Attorney
By: By:
Tom Duar- to Kia Mortazavi
City Attorney Executive Director, Planning
Dated: Dated:
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AGREEMENT NO. C-1-2757
ATTACHMENT A
M2 CTFP MASTER FUNDING AGREEMENT
City of Costa Mesa - Project List
Project Description
CTFP
Amount
SLPP
Amount
Programmed
Fiscal Year
Board
Date
Letter
Agreement
No.
Baker Street and Bear Street Improvements
(Construction)
$181,500.00
$0.00
2011-12
6/27/2011
Bristol Street and Baker Street Improvements
(Engineering)
$90,000.00
$0.00
2011-12
6/27/2011
Fairview Road and Wilson Street Improvements
(Engineering)
$231,750.00
$0.00
2012-13
6/27/2011
Harbor Boulevard and Adams Street Improvements
(Right of Way)
$300,000.00
$0.00
2011-12
6/27/2011
Harbor Boulevard and Adams Street Improvements
(Construction)
$1,482,000.00
$1,482,000.00
2012-13
6/27/2011
1
Harbor Boulevard and Gisler Avenue
Improvements (Engineering)
$115,875.00
$0.00
2012-13
6/27/2011
Harbor Boulevard and Victoria Street
Improvements (Engineering)
$50,212.50
$0.00
2012-13
6/27/2011
Harbor Boulevard and Wilson Street Improvements
(Construction)
$273,000.00
$0.00
2012-13
6/27/2011
Harbor Boulevard Widening (Right of Way)
$330,000.00
$0.00
2011-12
6/27/2011
Harbor Boulevard Widening (Construction)
$748,800.00
$0.00
2012-13
6/27/2011
AFFILlA TEO AGENCIES
Orange County
Transit District
Loca! Transportation
Authority
Service Aulhor4y for
Frees /ay Emergencies
Consohdafed Transportalion
Service Agency
Congestion Managemeof
Agency
Service Aulhonly for
Abandoned Vehicles
AGREEMENT NO. C-1-2757
ATTACHMENT B
June 27, 2011
City of Costa Mesa
77 Fair Drive
P.O. Box 1200
Costa Mesa, CA 92626
Subject: Agreement No. C-1-2757, City of Costa Mesa, "M2 CTFP Master
Funding Agreement" — Letter Agreement No. 1
Dear Mr. Monahan:
This letter agreement serves as the Orange County Transportation Authority's
(Authority) approval to incorporate Attachment A, in its entirety, as identified in Article 3.
A, "Project List and Reporting Requirements", dated and effective June, 27, 2011
attached hereto as Attachment A, which is incorporated and made a part of the
Agreement. All provisions set forth in Cooperative Agreement No. C-1-2757 apply. The
Authority's Board of Directors approved the Project(s) on June 27, 2011.
The following additional Provisions apply to Project(s) approved by the Board on June
27, 2011:
1. For project(s) granted State -Local Partnership Program (SLPP) funds, the project is
subject to additional reporting and allocation procedures identified in the 2010 Call
for Projects — Regional Capacity Program State -Local Partnership Program (SLPP)
Requirements. Request for California Transportation Commission (CTC) allocation
documents must be submitted to Authority Local Programs no later than
February 1, 2012, Additional requirements include:
a. Submittal of the California Environmental Quality Act (CEQA) environmental
document to the CTC for consideration of funding no later than
February 1, 2012.
b. 100% design completion.
c. Right -of -Way Certification approval by the California Department of
Transportation (Caltrans) by February 1, 2012, in accordance with the
California Department of Transportation (Caltrans) Local Procedures Manual
(LAPM) Chapter 13.
2. The Agency agrees that SLPP funds are for construction phase work only. Cost
savings realized in construction phase must be applied proportionately.
Reprogramming of SLPP funds to other phases is not allowable.
3. The Agency is responsible for preparing and submitting to Authority all the CTC
documentation needed including CEQA documentation for the Authority SLPP
program of projects project nomination, baseline agreement, and allocation request
three months prior to the required CTC meeting or in accordance with Item 1.
4. The Agency agrees that allocation approval or Letter of No Prejudice (LONP)
approval from CTC is required prior to contract award and expenditure of funds.
CTC allocation is currently expected in April/May 2012.
5. The Agency may advertise at its own risk for construction following completion of the
required tasks in Item 1 but may not award a contract until either the allocation or
LONP request is approved by the CTC.
Orange County Transportation Authodly
550 South Main Street 1P.0. Box 1418410range /California 92863.15841(714) 560 -OCTA (6282)
AGREEMENT NO. C-1-2757
ATTACHMENT B
6. The Agency agrees that contract must be awarded within six months following the
CTC allocation of funds or CTC approval of a LONP. If contract award is not
possible within 6 months of allocation, Agency must immediately notify Authority and
must notify Authority within 4 months of either LONP or allocation approval in order
to be eligible to receive an extension for contract award.
7. The Agency agrees that unless noted in the allocation request, the project will be
complete no later than 36 months following contract award for construction.
8. The Agency agrees that construction funds expire 36 months after the contract
award date, unless extended by the CTC.
9. The Agency agrees to provide copies of all contractor contracts, invoices, and
cancelled checks to Authority on a quarterly basis and any additional information
required in accordance with invoicing requirements as outlined in the Caltrans LAPM
Chapter 5.
10. The Agency agrees to follow procurement guidelines in the LAPM Chapter 15 and
16.
11. The Agency is responsible for submitting the required information for the quarterly
reports to Authority at least 1 week prior to the due date required by Caltrans and a
Caltrans Final Delivery Report to Caltrans within six months of project construction
completion and the project becoming operable.
12. The Agency agrees that SLPP funded projects are subject to Caltrans audit within
six months following submittal of the Final Delivery Report.
If you have any questions, you may contact Marvin Cruz at 714-560-5568,
mcruz(, 0cta.net.
Please execute this letter agreement and return the signed original to the attention of
Marvin Cruz.
Accepted and Agreed
Kia Mortazavi Gary Monahan
Executive Director, Planning Mayor of Costa Mesa
Orange County Transportation Authority
Meena Katakia
Department Manager
Orange County Transportation Authority
c: - Roger Lopez, Adriann Cardoso, Abbe McClenahan
- Accounting
- Contract File
Enclosure
Attachment 2
APPROVED PROJECTS FOR MEASURE M2 FUNDING
Harbor Boulevard — Adams Avenue:
This project includes addition of a third eastbound and second southbound right -turn at the
above intersection. These improvements were developed in the preliminary design stage and
are now in the final design phase. The design phase was funded by the Orange County
Transportation Authority's (OCTA) original Measure "M" program. The improvements were
identified in the Memorandum of Understanding (MOU) between the Cities of Costa Mesa,
Fountain Valley, Huntington Beach, and Orange County Transportation Authority for the
Garfield/Gisler Bridge over the Santa Ana River. Funding was approved for right-of-way and
construction phases of the project.
Harbor Boulevard — Wilson Street:
This project provides a westbound, right -turn lane from westbound Wilson Street to northbound
Harbor Boulevard. Funding was approved for the construction phase of the project.
Fairview Road — Wilson Street:
This project includes widening of Wilson Street at Fairview Road to the Master Plan of
Highways (MPH) designated standards. Funding was approved for the design phase.
Baker Street - Bear Street:
This project will provide a third westbound through lane on Baker Street at the Bear Street
intersection and includes traffic signal improvements at this location. Funding was approved for
the construction phase of the project.
Harbor Boulevard (Law Court to Sunflower Avenue):
This project will add a fourth northbound lane on Harbor Boulevard between Law Court and
Sunflower Avenue. At Sunflower Avenue, the fourth northbound lane will turn into a right -turn
lane to eastbound Sunflower Avenue per the City's General Plan. Funding was approved for
the right-of-way and construction phases of the project.
Harbor Boulevard — Victoria Street:
This project widens the west leg of the intersection in order to provide a right -turn lane from
eastbound Victoria Street to southbound Harbor Boulevard. Funding was approved for the
design phase of the project.
Bristol Street — Baker Street:
This project consists of design of General Plan improvements at the Bristol Street - Baker Street
intersection. These include eastbound through and right -turn lanes, and a westbound through
lane.
Harbor Boulevard — Gisler Avenue:
This project consists of design of General Plan improvements at Harbor Boulevard — Gisler
Avenue which includes a southbound right -turn lane. In addition, the project will also consider
other improvement options for eastbound Gisler Avenue to improve the access to the 1-405
Freeway and northbound Harbor Boulevard.