HomeMy WebLinkAbout20A - AGMT - FLOWER STREET BIKE TRAILREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 19, 2011
TITLE:
AGREEMENT WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR
TRANSPORTATION ENHANCEMENT
FUNDING
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority in the amount of $500,000 subject to
nonsubstantive changes approved by the City Manager and City Attorney, to provide
Transportation Enhancement funding for the Flower Street Bike Trail Gap Closure project.
2. Approve an appropriation adjustment accepting funds in the amount of $500,000 into the
Select Street Construction Revenue Fund for Federal Grants (accounting unit 05917002-
52001) and appropriating $500,000 to the Select Street Construction Expense Fund for
Improvements Other Than Buildings (accounting unit 05917660-66220).
DISCUSSION
On June 21, 2010, the City Council authorized the application for project funding through the
Transportation Enhancement (TE) Program administered by the Orange County Transportation
Authority (OCTA). On September 27, 2010, OCTA authorized federal funding up to $500,000 for
the Flower Street Bike Trail Gap Closure project. These funds are designated for transportation
projects to better integrate transportation facilities into the surrounding community. An
agreement with OCTA is needed to receive the grant funding to construct this project.
The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24-mile regional trail
identified in the Santa Ana Bikeway Master Plan that is proposed to encircle the city boundary. A
one-half-mile section of the Flower Street Bike Trail from Alton Avenue to Macarthur Boulevard
was completed in 2010. This proposed project involves a segment which will connect the trail
from Macarthur Boulevard to Sunflower Avenue where it then joins a City of Costa Mesa
bikeway.
20A-1
Agreement with OCTA for
Transportation Enhancement Funding
September 19, 2011
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Upon approval of appropriation adjustment, funds will be available in the Transportation
Enhancement Fund (accounting unit 05917660-66220).
APPROVED AS TO FUNDS AND
ACCOUNTS:
Rau Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency
Finance & Management Services Agency
.6%
Vfpw-GerardojR. Mouet
Executi Director
Parks, Recreation & Community Services
Agency
RG/SF
Exhibit: 1. Agreement
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COOPERATIVE AGREEMENT NO. C-1-2630
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
FEDERAL TRANSPORTATION ENHANCEMENT PROJECT
FLOWER STREET BIKE TRAIL GAP CLOSURE
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 Santa Ana, 20 Civic Center Plaza - M36, Santa Ana, California
92702, a municipal corporation duly organized and existing under the constitution and laws of the
State of California (hereinafter referred to as "CITY").
RECITALS:
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define
the roles and responsibilities related to funding between the AUTHORITY and CITY for construction
of Flower Street Bike Trail Gap Closure; (hereinafter referred to as "PROJECT'); and
WHEREAS, CITY is an eligible recipient of Federal funding under the Transportation
Enhancement (TE) 2010 Program and the PROJECT is eligible for TE funding; and
WHEREAS, on September 27, 2010, the AUTHORITY's Board of Directors, approved
providing funding of up to Five Hundred Thousand Dollars ($500,000) or 66% of the total project
cost in TE funds, which shall be matched with Two Hundred Sixty Two Thousand Dollars ($262,000)
in CITY funds for a total project cost of Seven Hundred Sixty Two Thousand Dollars ($762,000); and
WHEREAS, on January 10, 2011, the AUTHORITY's Board of Directors, approved an
updated priority list of projects for the TE Program; and
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AGREEMENT NO. C-1-2630
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WHEREAS, AUTHORITY and CITY agree that the total full funding for the PROJECT
including construction management and construction shall be Seven Hundred Sixty Two Thousand
Dollars ($762,000) in accordance with Exhibit A titled "TE Funding Plan", which is attached herein
and incorporated by reference; and
WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which provides the TE
funding, was passed by the federal government in 2005, expired in September of 2009 and was
extended through a continuing resolution. TE funding for the PROJECT is contingent upon funding
being available through SAFETEA-LU or a new transportation act and the PROJECT maintaining its
eligibility for this funding; and
WHEREAS, the California Department of Transportation (Caltrans) administers the TE
program on behalf of the Federal Highway Administration (FHWA) and the California Transportation
Commission (CTC) approves funding for projects through the State Transportation Improvement
Program (STIP). AUTHORITY is responsible for programming the funds to specific projects within
Orange County. Caltrans is responsible for acquiring federal approvals for the project on behalf of
the CITY, determining federal eligibility, compliance with federal requirements, and reimbursement
for project activities. In order to proceed or commence each phase of PROJECT for performance
under this Agreement, CITY is responsible to request and receive approvals from the appropriate
State, Federal and Local agencies; and
WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition,
construction management and construction of said PROJECT; and
WHEREAS, this Cooperative Agreement defines the specific terms and conditions and
funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES") for
completion of the PROJECT.
WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on
September 27, 2010; and
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AGREEMENT NO. C-1-2630
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WHEREAS, the CITY's Council approved the Cooperative Agreement on this day of
2011.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable
by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of
this agreement between AUTHORITY and CITY and it supersedes all prior representations,
understandings, and communications. The invalidity in whole or in part of any term or condition of
this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The
above referenced Recitals are true and correct and are incorporated by reference herein.
B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
AUTHORITY's right to such performance or to future performance of such term(s) or condition(s),
and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed
in writing by an authorized representative of AUTHORITY by way of a written amendment to this
Agreement and issued in accordance with the provisions of this Agreement.
C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any
term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
CITY's right to such performance or to future performance of such term(s) or condition(s), and
AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any
portion of this Agreement shall not be binding upon CITY except when specifically confirmed in
writing by an authorized representative of CITY by way of a written amendment to this Agreement
and issued in accordance with the provisions of this Agreement.
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AGREEMENT NO. C-1-2630
1 ARTICLE 2. SCOPE OF AGREEMENT
2 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the
3 subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate
4 and coordinate with the other in all activities covered by this Agreement and any other supplemental
5 agreements that may be required to facilitate purposes thereof.
6 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
7 AUTHORITY agrees to the following responsibilities for PROJECT:
s A. AUTHORITY shall formally request on behalf of the CITY that the Southern California
s Association of Governments (SCAG) amend the Federal Transportation Improvement Program
10 (FTIP) to program up to Five Hundred Thousand Dollars ($500,000) in accordance with the funding
11 plan outlined in Exhibit A, whereby AUTHORITY's performance under this Agreement is contingent
12 upon SCAG, Caltrans, and FHWA approval.
13 B. AUTHORITY shall provide assistance to CITY in securing the TE funds.
14 C. AUTHORITY shall not be obligated to program any amount beyond what has been
15 identified in this Article.
16 D. AUTHORITY shall process any required FTIP amendments.
17 E. AUTHORITY shall review and approve the CITY's request for allocation prior to
18 submittal to Caltrans District 12.
19 F. AUTHORITY shall cancel projects for which the CITY has not submitted a request for
20 authorization to proceed (E-76 forms) and allocation request by February 1 of the fiscal year
21 identified in Exhibit A, or has not advanced the project to ready-to-list stage as determined by
22 Caltrans guidelines.
23 ARTICLE 4. RESPONSIBILITIES OF CITY
24 CITY agrees to the following responsibilities for PROJECT:
25 A. CITY will act as the lead agency for the engineering, right-of-way, construction and
26 construction management of the PROJECT.
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AGREEMENT NO. C-1-2630
1 B. CITY will submit semi-annual project status reports for the PROJECT to the
2 AUTHORITY due on January 15 for the prior six month period, beginning on July 1, and ending on
3 December 31 and due on July 15 for the prior 6 month period, beginning on January 1 and ending
4 on June 30 with Exhibit B titled "TE Semi-Annual Report".
5 C. CITY will submit a final report to AUTHORITY upon completion of the project in
6 accordance with Exhibit C titled "TE Final Project Report Form".
7 D. CITY is responsible for preparing and submitting to AUTHORITY all CTC
8 documentation needed for allocation vote 90 days prior to CTC meeting and no later than February
9 1 of the fiscal year identified in Exhibit A.
10 E. CITY is responsible for preparing and submitting all necessary Caltrans required
11 documentation including E-76 forms. CITY cannot proceed with advertisement of project or any
12 work prior to authorization to proceed (E-76 form approval) by the FHWA. CITY agrees to submit
13 the completed E-76 forms to Caltrans District 12 by February 1 of the fiscal year identified in
14 Exhibit A and will provide evidence of submittal to AUTHORITY by February 28 of the same fiscal
15 year. All prior approvals, including but not limited to Caltrans environmental approval and right-of-
16 way certification (if applicable), must be attained prior to February 1 to meet this requirement.
17 F. CITY acknowledges that if the allocation request and E-76 forms are not submitted to
18 AUTHORITY and Caltrans by February 1, and the CITY has not attained the required approval of
19 environmental and right-of-way certification (if applicable) by this date or has not advanced the
20 project to ready-to-list stage as determined through Caltrans guidelines the TE funding will be
21 cancelled by AUTHORITY.
22 G. CITY shall provide a minimum of 34% of the total project cost in CITY funds as the
23 required local match which shall be finalized at construction contract award and in accordance with
24 Exhibit A. Based on the existing budget, the estimated local match contribution is
25 Two Hundred Sixty Two Thousand Dollars ($262,000). Actual TE funding to be provided to project
26 will be determined based on construction contract award amount; and
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AGREEMENT NO. C-1-2630
1 H. CITY agrees to revise E76 finance letter with submittal of contract award information
2 to Caltrans within 30 days of contract award to accommodate the required overall project local
3 match requirement and to de-obligate any TE funds that are not estimated to be needed for the
4 project based on the estimated project funding need at contract award.
5 I. CITY agrees that any cost overruns shall be the responsibility of the CITY.
6 J. CITY is responsible for completing the PROJECT in accordance with Exhibit A, timely
7 use of funds requirements, and to abide by all TE programming guidelines, State Transportation
8 Improvement Program Guidelines, and any and all other federal and state requirements related to
s the TE.
10 K. CITY agrees that cost savings shall be distributed proportionally between TE and
11 local funding.
12 ARTICLE 6. DELEGATED AUTHORITY
13 The actions required to be taken by CITY in the implementation of this Agreement are
14 delegated to its City Manager, or designee, and the actions required to be taken by AUTHORITY in
15 the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer, or
16 designee.
17 ARTICLE 6. AUDIT AND INSPECTION
18 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally
19 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized
20 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts,
21 and other data and records of CITY for a period of four (4) years after final payment, or until any on-
22 going audit is completed. For purposes of audit, the date of completion of this Agreement shall be
23 the date of Caltrans' payment of CITY's final billing under this Agreement. AUTHORITY shall have
24 the right to reproduce any such books, records, and accounts. The above provision with respect to
25 audits shall extend to and/or be included in construction contracts with CITY's contractor.
26 /
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AGREEMENT NO. C-1-2630
1 ARTICLE 7, INDEMNIFICATION
2 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
3 employees and agents from and against any and all claims (including attorney's fees and
4 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
5 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
6 caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors,
7 employees or agents in connection with or arising out of the performance of this Agreement.
a B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors,
s employees and agents from and against any and all claims (including attorney's fees and
10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
11 death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be
12 caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors,
13 employees or agents in connection with or arising out of the performance of this Agreement.
14 C. The indemnification and defense obligations of this Agreement shall survive its
15 expiration or termination.
16 ARTICLE 8. ADDITIONAL PROVISIONS
17 The AUTHORITY and CITY agree to the following mutual responsibilities:
18 A. Term of Agreement: This Agreement shall continue in full force and effect through
19 project completion and final acceptance by AUTHORITY, or 42 months from the date of CTC allocation,
20 whichever is earlier. This Agreement may be extended at the mutual consent of both parties.
21 B. Termination: This agreement is null and void if project is not funded. AUTHORITY
22 shall cancel projects for which the CITY has not submitted an E-76 and allocation request by
23 February 1 of the fiscal year for which funds are programmed or has not advanced the project to
24 ready-to-list stage as determined through Caltrans Guidelines. This Agreement may be terminated
25 by either party after giving thirty (30) days written notice. This Agreement shall not be terminated
26 without mutual agreement of both parties.
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C. This Agreement may be amended in writing at any time by the mutual consent of both
parties. No amendment shall have any force or effect unless executed in writing by both parties.
D. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws,
statues, ordinances and regulations of any governmental authority having jurisdiction over the
PROJECT.
E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to
execute this Agreement on behalf of said parties and that, by so executing this agreement, the
parties hereto are formally bound to the provisions of this Agreement.
F. Severability: If any term, provision, covenant or condition of this Agreement is held to
be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
G. Counterparts of Agreement: This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original
and all of which together shall constitute the same agreement. Facsimile signatures will be
permitted.
H. Force Maieure: Either Party shall be excused from performing its obligations under this
Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
commandeering of material, products, plants or facilities by the federal, state or local government;
national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
such cause is presented to the other Party, and provided further that such nonperformance is
unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
1. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties,
or authority hereunder may be assigned in whole or in part by either Party without the prior written
consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be
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deemed 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.
J. 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 otherthan as authorized by local, state or federal law.
K. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
L. 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.
M. 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 Santa Ana Orange County Transportation Authority
20 Civic Center Plaza - M36 550 South Main Street
Santa Ana, CA 92702 P. O. Box 14184
Orange, CA 92863-1584
Attention: Joe Parco Attention: Ms. Reem Hashem
Senior Civil Engineer Principal Contract Administrator
Tel: 714-647-5630 714-560-5446
Email: jparco@santa-ana.org Email: rhashem@octa.net
Cc: Ben Ku, Senior Transportation
Funding Analyst
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AGREEMENT NO. C-1-2630
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This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-1-2630 to be
executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Paul M. Walters
Interim City Manager
ATTEST:
By:
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
By:
Joseph Straka
Interim City Attorney
Dated:
By:
Will Kempton
Chief Executive Officer
APPROVED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
APPROVAL RECOMMENDED:
By:
Kia Mortazavi
Executive Director, Planning
Dated:
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20A-12
OCTA M EXHIBIT A: TE Funding Plan
AGREEMENT NO. C-1-2630
EXHIBIT A
Project Tide: Flower Street Bike Trail Gan Closure
Agency: Santa Ana Date: 7/15/2011
Schedule Completion Date
Draft Environmental Document Complete
Final Environmental Document Complete
Begin Design Engineering Corn lete
Plans, Specifications, and Cost Estimates Complete Complete
Start Right-of-Way Acquisition NA
ROW Certification Oct. 2011
Submit Request for Authorization Oct. 2011
Read to Advertise Jan. 2012
Award Construction A r. 2012
Project Completion (open for use Oct. 2012
Funding: TE Grant $ 500.000 Local Match
$ 262,000 34%
Preliminary ENG $000s
Fund Source FY Original Planned Allocation
ROW ($000s)
Fund Source FY Original Planned Allocation
CON rPO(WO
Fund Source FY Original Planned Allocation
STIP-TE 2011-12 $500,000
General Fund 2011-12 $262,000
Name/Title: Joe Parco, Senior Civil Engineer
Signature:
Phone: (714) 647-5630
Email: jparco@santa-ana.org
Date:
20A-13
AGREEMENT NO. C-1-2630
EXHIBIT B
ETA EXHIBIT B: TE SEMI ANNUAL REPORT
Project Title:
Agency:
Schedule
Date:
Original Current
Completion Completion
Date Date
Draft Environmental Document
Final Environmental Document
Begin Desi Engineering
Plans, Specifications, and Cost Estimates complete
Right-of-Way Certification
Submit Request for Authorization for Const (E-76)
Read to Advertise
Award Construction
Project Completion (open for use)
Funding Table:
Construction ($000's)
Fund Source Fiscal
Year Original
Planned
Allocation Revised
Allocation Actual
Expended Remaining
Allocation
Major Activities:
Status:
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AGREEMENT NO. C-1-2630
EXHIBIT C
M EXHIBIT C: TE FINAL PROJECT REPORT FORM
OCTA Date
Instructions
The responsible agency should fill out the following: 1) Final Project Form, 2) Final Cost, 3) Certificate of
Completion. Page 4, the OCTA Staff Verification will be filled out by OCTA staff. In addition, the agency must
attach before (if available) and after photographs of the project site and the address or location of the site under
the Location and Scope of work section.
Agency
Location and Scope of Work
Verification of Match
(Actual Expenditures)
Phase
Engineering
$
$
$ -
J7f-,%a1t
$ - Other
OGTA ,
Fri"n'oin
$ -
Total'
$ -
Right-of-Way $ - $ - $ - $ - $ - $ -
Construction $ - $ - $ - $ - $ - $ -
Total $ - $ - $ - $ - $ - $
Prniart Srharlula
Rate,
0%
Phase Proposed Actuaf.. -
Draft Environmental Document
Final Environmental Document
Begin Design Engineering
Plans, Specifications, and Cost Estimates complete
Right-of-Way Certification
Read to Advertise
Award Construction
Project Completion (open for use
Page 1
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OCTA
TE: Final Cost
Item
Page 2
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M TE: FINAL COST
OCTI?
I hereby certify that the statements provided here are true and correct.
Proiect Title
Yes No N/A
1 The project is designed to city/county and other participating jurisdictions' standards. ? ? ?
2 The project contract was awarded on: ENTER DATE ? ? ?
3 The total cost of the contract is equal to or less than the total TE ? ? ?
funds awarded and matching funds provided.
4 The city/county provided matching funds to the project. ? ? ?
5 Right-of-way was acquired in conformance with city/county procedures. ? ? ?
6 All required environmental documentation is complete and certified. ? ? ?
7 An updated project schedule is included with the final invoice. ? ? ?
8 The final invoice is attached with all the necessary documentation. ? ? ?
Name
Title Public Works Director
Signature Date
Page 3
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M TE: OCTA Staff Verification
OCTA
OCTA STAFF USE ONLY
Orange County Transportation Authority staff has inspected the project site and
certifies that the project is complete.
Proiect Title
Name
Title
Signature Date
Page 4
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