16-0202_CA DEPT OF TRANSPORTATION_F8_Agenda ReportTO : Honorable Mayor and Members of the City Council
FROM : Thorn Coughran, P.E., Interim Public Works and Utilities Directo~
Prepared by: Paul Meshkin, P .E., Senior Civil Enginee ~
DATE : February 2, 2016
2/2/2016
F8
SUBJECT: Consideration of a Resolution to Execute the Right-of-Way Certification for
the Camino Capistrano Pavement Rehabilitation Project # STPL
5372(016) from La Zanja Street to Oso Road; and Delegate Authority for
the Mayor to Sign the Interim Short Form Right-of-Way Certification for
Local Assistance Project (CIP 161 09)
RECOMMENDATION :
By motion,
1) Adopt a Resolution to Execute Right-of-Way Certifications for the Pavement
Rehabilitation Project# STPL-5372 (CIP161 09); and,
2) Authorize the Mayor to sign the Interim Short Form Right-of-Way Certification
Local Assistance Project.
EXECUTIVE SUMMARY:
The City received approval for a Federal grant totaling $465,000 for the Camino
Capistrano Pavement Rehabilitation between La Zanja Street and Oso Road Project
(CIP 16109). The project consists of grind and asphalt overlay, replacement of
damaged curb, gutter, sidewalk and constructing new Americans with Disabilities Act
(ADA) ramps to meet current standards. The existing asphalt concrete will be overlaid
with two (2) inches of new asphalt concrete . All work will be done within the City's right-
of-way. As a requirement for receiving federal funding for construction, projects
administered through the California Department of Transportation (Caltrans), local
agencies must adhere to the Local Assistance Procedure Manual. The Local Assistance
Procedure Manual requires agencies to secure a Right-of-Way Certification for every
project. When the City executes the document, the City is certifying that it has obtained
legal and physical possession of all properties located within the limits of the projects.
The document also includes written statements on right-of-way summarizing the status
City Council Agenda Report
February 2, 2016
Page 2 of 3
of all related right-of-way matters with respect to the proposed project. Adoption of the
Resolution (Attachment 1) will enable the Mayor to sign the Interim Short Form Right-of-
Way Certifications for Local Assistance Projects (Attachment 2).
DISCUSSION/ANALYSIS:
All federal grant projects require a Right-of-Way Certification to be submitted to
Caltrans. Once Caltrans receives this certification, staff will be able to submit a Request
for Authorization to proceed with construction to Caltrans. It is anticipated the City will
receive this authorization within eight (8) weeks and be able to advertise for bids in July
2016, for the Camino Capistrano Pavement Rehabilitation Project between La Zanja
Street and Oso Road.
FISCAL IMPACT:
There is no fiscal impact to delegating authority of Right-of-Way Certification for the
Pavement Rehabilitation Projects# STPL-5372 (016) to the Mayor. The cost estimate
for the project's construction and construction engineering is $930,000 excluding design
and environmental documents. Eligible grant expenditures include only construction and
construction engineering. The federal grant requires a minimum match of 50% for
construction and construction engineering expenditures. Funding for the match is
included in the seven-year CIP.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
• On September 16, 2014, the City Council authorized an Application for Funds in
the Orange County Transportation Agency Call for Projects for the Camino
Capistrano Pavement Rehabilitation Project.
• On November 3, 2015, The City Council Authorized Acceptance of the Grant
Funds from Orange County Transportation Agency for the Camino Capistrano
Pavement Rehabilitation Project and approved a Cooperative Agreement with
the Orange County Transportation Authority (CIP 161 09).
COMM ISSION/COMMITTEE/BOARD REVIEW AND RECOMM ENDAT IONS :
This item does not require commission review .
NOTIFICATION:
Not applicable .
City Council Agenda Report
February 2, 2016
Page 3 of 3
A TI ACHMENT(S):
Attachment 1 -Resolution
Attachment 2 -Short Form Right-of-Way Certification
Attachment 3 -Location Map
RESOLUTION NO. 16-02-02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, TO EXECUTE RIGHT OF WAY CERTIFICATION
FOR THE CAMINO CAPISTRANO PAVEMENT REHABILITATION LA ZANJA
STREET TO OSO ROAD PROJECT #STPL-5372 (CIP 161 09)
WHEREAS, the City of San Juan Capistrano ('City') received approval for a
Federal Safe Routes to School (SRTS) grant totaling $465,000 for pavement
rehabilitation on Camino Capistrano from La Zanja Street to Oso Road; and
WHEREAS, as a requirement for receiving federal funding for projects
administered by the California Department of Transportation, the City must certify that it
has obtained legal and physical possession of all properties located within the limits of
the projects in accordance with Local Assistance Procedure Manual; and
WHEREAS, as part of the requirement for receiving federal funding in regard to
such projects, the City is required to provide written statements on right of way
summarizing the status of all right of way related matters with respect to the proposed
project; and submit the certification of rights of way to Caltrans; and
WHEREAS, The City certifies that it has obtained legal and physical possession
of all properties located within the limits of the project in accordance with the Local
Assistance Procedure Manual.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano hereby authorize and direct the Mayor to act on the City's behalf and to
sign the Right-of-Way Certification for the STPL-5372 (016) Project (CIP 161 09).
PASSED, APPROVED, AND ADOPTED this 2nd day of February 2016.
PAM PATERSON, ESQ. MAYOR
ATTEST:
MARIA MORRIS, CITY CLERK
Attachment 1
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
EXHIBIT 13-A SHORT FORM RIGHT OF WAY CERTIFICATION
LOCAL ASSISTANCE PROJECT
(Off-State Highway System Project)
City of San Juan Capistrano
NAME OF THE LOCAL PUBLIC AGENCY
NOTE:
This form is intended for projects that do NOT require
R/W acquisition, relocation assistance, have NO railroad
involvement, and the ONLY Utility Relocation
involvement is limited to utility cover adjustments.
STPL-5372(016)
Project ID
For each item below. except Item 5. select the ONE
option most suitable to your project. If the chosen
option directs you to use Exhibit 13-B, please stop. This
Short Form is not applicable to your project.
Camino Capistrano (Oso Rd. to La Zanja St.)
Project Location
Pavement Rehabilitation
General Description
RIGHT OF WAY CERTIFICATION No.1
1. STATUS OF REQUIRED PROPERTY RIGHTS
~ No acquisition of right of way is required. All proposed work is within existing right of way .
D Right of way has been acquired in accordance with applicable policy and procedure covering the
acquisition of real property. LPA has legal and physical possession, right to enter, and required permits .
If this box is checked, please use Exhibit 13-B.
2. STATUS OF AFFECTED OPERATING RAILROAD FACILITIES
~ None affected.
D The City of San Juan Capistrano Railroad has approved the proposed work, which is within their
Right of Way but does not require the adjustment of railroad facilities. The necessary clauses will be
placed in the contract special provisions. If this box is checked, please use Exhibit 13-B.
D The City of San Juan Capistrano Railroad (and when needed, the Public Utilities Commission) has
approved the proposed work, which is within the railroad right of way and does require the adjustment
of railroad facilities. The railroad, or its contract forces, will provide the necessary labor, materials
and/or equipment to adjust their facilities. The necessary clauses will be placed in the contract special
provisions. If this box is checked, please use Exhibit 13-B.
3. MATERIAL SITE(S)
~ None required.
D Material site(s) required. If this box is checked, please use Exhibit 13-B.
LPP 13-02
Page 1 of6
December 30, 2013
ATTACHMENT 2
EXHIBIT 13-A Local Assistance Procedures Manual
Short Form Right of Way Certification Local Assistance Project
4. DISPOSAL SITE(S)
!X] None required.
0 Disposal site(s) required. If this box is checked, please use Exhibit 13-B.
5. STATUS OF REQUIRED UTILITY RELOCATION (Check all that apply)
!X] No relocation required , therefore Buy America requirements do not apply . Existing utilities located
within project limits are shown on Project Plan.
0 Project is not covered by NEPA document; therefore , Buy America requirements do not apply.
0 Utility Agreements are not required on this project; therefore, Buy America requirements do not
apply.
0 Utility involvement is limited to adjusting UTILITY COVERS (manhole cover, water valve cover,
and box lids) to grade and said work is compliant with all terms and conditions under MAP-21
including Buy America requirements. If this box is checked, please complete page 5 of this form
entitled "Utility Cover Adjustment Summary" and provide a copy of the Specific Authorization if
federally participating.
0 All utility work (other than the adjustment of utility covers) has been completed. If this box is
checked, please use Exhibit 13-B.
0 All utility work (other than the adjustment of utility covers) will be completed by a stated date prior
to award ofthe contract. If this box is checked, please use Exhibit 13-B.
0 All necessary arrangements have been made for the completion of all remaining utility work (other
than the adjustment of utility covers) required to be coordinated with project construction.
Arrangements have been made with the owners of all utility encroachments which will remain within
the right of way ofthe project so that adequate control of the right ofway will be achieved . If this box
is checked, please use Exhibit 13-B.
D Utility facilities (other than the adjustment of utility covers) will be relocated by the Project's
Contractor under bid items. If this box is checked, please use Exhibit 13-B.
6. RIGHTOFWAYCLEARANCE
!X] There are no improvements or obstructions located within the limits of this project.
0 All right of way clearance work has been completed and there are no improvements or obstructions
remaining within the right of way area required for construction. If this box is checked, please use
Exhibit 13-B.
0 All necessary arrangements have been made for remaining right of way clearance work to be
undertaken and completed as required for proper coordination with the construction schedule. If this
box is checked, please use Exhibit 13-B.
7. AIRSPACE AGREEMENTS
!X] There are no airspace lease properties within the limits of this project.
0 All necessary arrangements have been made with airspace lessee(s) and/or in Contract Provisions to
minimize conflicts between lessee's activities and contractor's operations. If this box is checked,
please use Exhibit 13-B.
D Airspace lease has been cancelled. If this box is checked, please use Exhibit 13-B.
D Other (Ifthis box is checked, please use Exhibit 13-B)
Page 2 of6
December 30, 2013 LPP 13-02
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
8. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS
[X] Compliance was not required as there were no displacements for this project.
D Occupants who have not yet moved from the right of way will be protected against unnecessary
inconvenience and disproportionate injury or any action coercive in nature. If this box is checked,
please use Exhibit 13-B.
D LPA has complied with all the steps relative to the relocation advisory assistance and payments as
required by applicable policy and procedure, and no person has been required to relocate without at
least a 90 day written notice. If residential relocation was involved, all individuals and/or families
have been relocated to decent, safe and sanitary housing, or the LPA has made replacement housing
available to the displacees. If this box is checked, please use Exhibit 13-B.
9. COOPERATIVE AGREEMENTS
D None Required.
D Agency Agreement No. (If checked, please attach a copy)
10. ENVIRONMENTAL MITIGATION
IZJ No environmental mitigation parcels are required for this project.
D All environmental mitigation parcels on this project have been acquired. If this box is checked,
please use Exhibit 13-B.
D Acquisition of environmental mitigation parcels is ongoing. If this box is checked, please use
Exhibit 13-B.
LPP 13-02
Page 3 of6
December 30, 2013
EXHIBIT 13-A Local Assistance Procedures Manual
Short Form Right of Way Certification Local Assistance Project
11. CERTIFICATION
I hereby certify the right of way on this project as conforming to 23 CFR 635.309(c)(1) and all terms and
conditions under MAP-21, including Buy America requirements. The project may be advertised with
contract award being made at any time.
12. INDEMNIFICATION BY LOCAL AGENCY
This Local Public Agency agrees to indemnify, defend, and hold harmless the Department of Transportation
(Caltrans) from any and all liabilities which may result in the event the right of way for this project is not clear as
certified. LP A shall pay from its own non-matching funds, any costs which arise out of delays to the construction
of the project because utility facilities have not been removed or relocated, or because rights of way have not been
made available to LPA for the orderly performance of the project work.
LOCAL PUBLIC AGENCY
Project ID: STPL-5372(016)
Authorized Resolution No.: 16-02-02-X
Dated: 02/02/2016
By:
Title: Mayor
CALTRANSACCEPTANCE
The undersigned Caltrans Official has
reviewed this Right of Way Certification as
to form and content. Based on the review of
the documents submitted, the Certificate is
accepted on behalf of the local public agency .
It remains the sole responsibility of the local
public agency to ensure compliance with the
Uniform Act.
Accepted as to form and content:
By:
Title:
Date: Date:
Distribution: I) Local agency completes this fonn, signs and sends it to the DLAE.
1) DLAE sends a copy to District Right of Way Local Programs Coordinator, keeps a copy for his/her files, and sends the signed original
back to the local agency.
Page 4 of6
December 30, 2013 LPP 13-02
Local Assistance Procedures Manual EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
UTILITY COVER ADJUSTMENT SUMMARY
Items to be disclosed on this summary include: Covers of utility facilities, either publicly owned (by
City/County and other public agencies, including the project sponsoring agency) or privately owned that services
the general population. Utility covers of facility that directly services the street/roadway operation (such as an
electric pull box, which services streetlight and traffic signals) do not require disclosure on this form.
a) PHYSICAL COVER ADJUSTMENTS PERFORMED BY OWNER
Notice# Utility Owner Liability% Type of Encroachment Federal
& Notice Agreement Owner/LPA Facility Permit# Participation
Date Date Yes (Y)* No (N)
#2 12/1/15 AT&T Owner 100% Telephone MH N
#2 12/1115 SDG&E Owner 100% Electric MH N
*Include copy of Specific Authonzat10n
b) UTILITY COVER ADJUSTMENTS WILL BE PERFORMED BY PROJECT CONTRACTOR
Notice#
Bid & Notice Utility Owner Liability% Type of Facility Federal
Item# Date Agreement Owner/LPA Participation
Date Yes (Y)* No (N)
*Include copy of Specific AuthorizatiOn
c) FEDERAL PARTICIPATION
DYes DNo
DYes DNo
DYes DNo
LPP 13-02
The adjustments comply with the 23 CFR 645.119 and the R/W Utility Relocation process in
Chapter 14 ofthe Local Assistance Procedures Manual (LAPM)
These adjustments are required as the direct result of the proposed construction activities and the
local agency is legally liable to pay for the adjustment
Adjustments specified for Federal participation have received FHW A
(Exhibit 14-C, LAPM) approval? If"no", not federally participating.
Specific Authorization
Page 5 of6
December 30, 2013
EXHIBIT 13-A
Short Form Right of Way Certification Local Assistance Project
Page 6 of6
December 30, 2013
Local Assistance Procedures Manual
LPP 13-02
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