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16-0216_CA DEPT OF TRANSPORTATION_F18_Agenda ReportTO: Honorable Mayor and Members of the City Council FROM : Thorn Coughran, P.E., Interim Public Works and Utilities Direct ~ Prepared by: Paul Meshkin, P.E., Senior Civil Engineer ~-'P DATE : February 16, 2016 2/16/2016 F18 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 16109) RECOMMENDATION: By motion, 1) Adopt a Resolution to Execute Right-of-Way Certifications for the Pavement Rehabilitation Project# STPL-5372 (CIP16109); 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 161 09). 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 16, 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). COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : This item does not require commission review. NOTIFICATION : Not applicable . City Council Agenda Report February 16, 2016 Page 3 of 3 ATTACHMENT(S): Attachment 1 -Resolution Attachment 2 -Short Form Right-of-Way Certification Attachment 3 -Location Map RESOLUTION NO. 16-02-16-xx 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 16109). PASSED, APPROVED, AND ADOPTED this 16th 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. For each item below. except ltem 5. select the ONE 0ption 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. RIGHT OF WAY CERTIFICATION No.1 1. STATUS OF REQUIRED PROPERTY RIGHTS STPL-5372(016) Project ID Camino Capistrano (Oso Rd. to La Zanja St.) Project Location Pavement Rehabilitation General Description !X] 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 !X] None affected. 0 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) !X] None required. D Material site(s) required. If this box is checked, please use Exhibit 13-B. Page 1 of6 LPP 13-02 ATTACHMENT 2 EXHIBIT 13-A Local Assistance Procedures Manual Short Form Right of Way Certification Local Assistance Project 4. DISPOSAL SITE(S) IX] 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) IX] 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. D 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 of the project so that adequate control of the right of way 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. Ifthis box is checked, please use Exhibit 13-B. 6. RIGHT OF WAY CLEARANCE IX] 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. D 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 IX] There are no airspace lease properties within the limits of this project. D 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 (If this 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 [ZJ 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 [XI 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. LPA shall pay from its own non-matching funds , any costs which arise out of delay s 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.: 16-02-16-X Dated: 02/16/2016 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 acce pted 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: Di stribution: I) Local agency completes this fonn , signs and sends it to the DLAE . I) 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 12/1/15 SDG&E Owner 100% Electric MH N *Include copy of Specific Authorization 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 Spectfic Authonzatwn c) FEDERAL PARTICIPATION DYes 0No D Ye s 0 No DYes DNo LPP 13-02 The adjustments comply with the 23 CFR 645.119 and the RIW 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 FHWA (Exhibit 14-C, LAPM) approval? 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