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HomeMy WebLinkAboutItem 12 - Request for Escalation Adjustments by OCTA to Measure M2 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 1, 2022 TOPIC: Request for Escalation Adjustments by the Orange County Transportation Authority to the Measure M2 Allocations for Regional Capacity Program Projects AGENDA TITLE Resolutions Authorizing Requests for Escalation Adjustments by the Orange County Transportation Authority to the Measure M2 Allocations for the Bristol Street and Warner Avenue Street Improvement Projects RECOMMENDED ACTION Adopt resolutions of the City Council authorizing Requests for Escalation Adjustments by the Orange County Transportation Authority to the Measure M2 Allocations for the Bristol Street and Warner Avenue Street Improvement Projects. DISCUSSION The City of Santa Ana’s Public Works Agency participated in the 2020 Call for Projects under the Measure M2 Regional Capacity Program (RCP) and received M2 allocations (Measure M2 Competitive ACE funds) in the amounts of $3,273,573 and $7,501,206 from Orange County Transportation Authority (OCTA) to fund the Bristol Street Improvements from Civic Center Drive to Washington Avenue and the Bristol Street Improvements from Warner Avenue to Saint Andrew Place. In addition, the City received a M2 allocation in the amount of $7,494,000 from OCTA to fund the Warner Avenue Improvements from Oak to Standard Avenue. Both funding allocations required a minimum 25% commitment in matching funds, in which many of these funds were previously budgeted in prior fiscal years, and any new match required will be budgeted in upcoming Capital Improvement Program (CIP) cycles. Over the course of the design of these projects, the City of Santa Ana has experienced increased construction costs due to material supply and labor inflation. Material cost and demand has seen dramatic increases that have been unprecedented. Many of the recent construction bids that are being received are double the amount of the engineer’s estimate and overall budget for the advertised City project. The City has also experienced increased right-of-way costs due to real estate inflation. The COVID-19 pandemic and various new state and federal guidelines developed during this challenging time contributed to a lot of uncertainties. Low interest rates, high cost of M2 Escalation Adjustments for Regional Capacity Program Programs November 1, 2022 Page 2 3 0 2 5 rent, and working remotely has helped intensify housing market demand, which has escalated market values of over 25 percent in Orange County, and plummeted housing inventory for sale and lease. These circumstances compounded have made it extremely difficult to deliver and construct certain projects for the community. OCTA recently approved a temporary policy change for eligible RCP projects that were impacted by the extraordinary cost increases of inflation. This temporary policy for inflation which would allow local agencies to request adjustments to eligible right-of-way and construction allocations consistent with the Engineering News Record Construction Cost Index, based on the actual 20-city average, for fiscal years 2020-21, 2021-22, and 2022-23. The OCTA temporary policy change requires agencies to request authorization and approve a Resolution (Exhibits 1 and 2) from their governing bodies to apply for each escalation adjustment to the original M2 allocations. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT If the Recommended Action is approved, the City will be authorized to request escalation adjustments in the amounts below: RECOMMENDED PROJECTS ORIGINAL GRANT AWARD (03217663) ORIGINAL MATCH UPDATED GRANT AWARD (03217663) NEW CITY MATCH FUNDS Bristol St. Improvements from Civic Center Dr. to Washington Ave. $3,273,573 $1,091,191 $3,964,790 $230,406 Bristol St. Improvements from Warner Ave. to St. Andrew Pl. $7,501,206 $2,500,402 $9,085,091 $527,962 Warner Ave. Improvements from Oak St. to Grand Ave. $7,494,000 $2,498,000 $9,076,364 $527,455 Total: $18,268,779 $6,089,593 $22,126,245 $1,285,823 If approved by the OCTA Board of Directors, the above adjustments would result in revised M2 allocations with updated City match requirements needed for completion of the projects. Any additional City match requirements will be budgeted via State/Local funds in future Capital Improvement Program cycles – to align with Escalation adjustment consideration and award. M2 Escalation Adjustments for Regional Capacity Program Programs November 1, 2022 Page 3 3 0 2 5 EXHIBIT(S) 1. Resolution – Bristol Street Improvements Project Request for Escalation Adjustment 2. Resolution – Warner Avenue Improvements Project Request for Escalation Adjustment Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager Resolution 2022-XXX Page 1 of 2 RESOLUTION 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A REQUEST FOR ESCALATION ADJUSTMENT BY THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO THE MEASURE M2 ALLOCATION FOR THE BRISTOL STREET IMPROVEMENTS PROJECT WHEREAS, the Orange County Transportation Authority (OCTA) conducted the 2020 call for projects under the Measure M2 Regional Capacity Program (RCP); and WHEREAS, the City of Santa Ana received an M2 allocation (Measure M2 Competitive ACE funds) in the amounts of $3,273,573 and $7,501,206 from OCTA to fund the Bristol Street Improvements from Civic Center Drive to Washington Avenue and the Bristol Street Improvements from Warner Avenue to Saint Andrew Place; and WHEREAS, the City of Santa Ana committed to providing a minimum of 25% in matching funds for the Bristol Street Improvements from Civic Center Drive to Washington Avenue and the Bristol Street Improvements from Warner Avenue to Saint Andrew Place; and WHEREAS, the City of Santa Ana established fiscal year 2020/21 as the program year to commence the construction phase of the above projects; and WHEREAS, the City of Santa Ana has experienced construction increased cost due to material supply and labor inflation. Material cost and demand has seen a dramatic increase that has been unprecedented. Many of the recent construction bids that are being received are two times the amount of the engineer’s estimate and budget for the City’s projects. This has made it extremely difficult to deliver and construct projects for the community; and WHEREAS, OCTA approved a temporary policy change for eligible RCP and RTSSP projects that were impacted by the extraordinary cost increases of inflation, which would allow local agencies to request adjustments to eligible right-of-way and construction allocations consistent with the Engineering News Record Construction Cost Index, based on the actual 20-city average, for fiscal years 2020-21, 2021-22, and 2022- 23; and WHEREAS, the OCTA temporary policy change requires agencies to request authorization from their governing bodies to apply for an escalation adjustment to the original M2 allocation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Resolution 2022-XXX Page 2 of 2 Section 1. The Executive Director of Public Works, or his or her designee, is hereby authorized to request an escalation adjustment in the amount of $2,275,103 for the Bristol Street Improvements Project, which if approved by the OCTA Board of Directors, would result in a revised M2 allocation of $13,049,882. Said funds, if approved, shall be matched by funds from the City at the same 25% level, resulting in an additional City funding need of $758,368, which will be funded through State/Local Funds. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution ADOPTED this ____ day of ______________, 2022. ___________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ________________________ John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, _________________, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022. Date: ___________________ ____________________________ Clerk of the Council City of Santa Ana Resolution 2022-XXX Page 1 of 2 RESOLUTION 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A REQUEST FOR ESCALATION ADJUSTMENT BY THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO THE MEASURE M2 ALLOCATION FOR THE WARNER AVENUE IMPROVEMENTS PROJECT WHEREAS, the Orange County Transportation Authority (OCTA) conducted the 2020 call for projects under the Measure M2 Regional Capacity Program (RCP); and WHEREAS, the City of Santa Ana received an M2 allocation (Measure M2 Competitive ACE funds) in the amount of $7,494,000 from OCTA to fund the Warner Avenue Improvements Project from Oak Street to Standard Avenue; and WHEREAS, the City of Santa Ana committed to providing a minimum of 25% in matching funds for the Warner Avenue Improvements Project from Oak Street to Standard Avenue; and WHEREAS, the City of Santa Ana established fiscal year 2018/19 as the program year to commence the right-of-way phase for the above project; and WHEREAS, the City of Santa Ana has experienced increase cost for right-of-way acquisition due to real estate inflation. The COVID-19 pandemic and various new state and federal guidelines developed during this challenging time (especially the eviction moratorium from April 2020 to September 2021) have created many uncertainties. Low interest rates, high rents, and working from home have helped intensify housing market demand, escalate market value of over 25% in Orange County, and diminish housing inventory for sale and lease. WHEREAS, OCTA approved a temporary policy change for eligible RCP and RTSSP projects that were impacted by the extraordinary cost increases of inflation, which would allow local agencies to request adjustments to eligible right-of-way and construction allocations consistent with the Engineering News Record Construction Cost Index, based on the actual 20-city average, for fiscal years 2020-21, 2021-22, and 2022- 23. WHEREAS, the OCTA temporary policy change requires agencies to request authorization from their governing bodies to apply for an escalation adjustment to the original M2 allocation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Resolution 2022-XXX Page 2 of 2 Section 1. The Executive Director of Public Works, or his or her designee, is hereby authorized to request an escalation adjustment in the amount of $1,582,364 for the Warner Avenue Improvements Project, which if approved by the OCTA Board of Directors, would result in a revised M2 allocation of $9,076,364. Said funds, if approved, shall be matched by funds from the City at the same 25% level, resulting in an additional City funding need of $527,455 which will be funded through State/Local Funds. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution ADOPTED this ____ day of ______________, 2022. ___________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ________________________ John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, _________________, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on _____________, 2022. Date: ___________________ ____________________________ Clerk of the Council City of Santa Ana