Item 7 - Submission of Right-of-Way Certification Form for Federal-Aid Projects – Highway Safety Improvement Program Cycle 10 Project1 of 8December 5, 2023, Item #7DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN DA REPORT City of Poway December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services ,#1 Alex Ubaldo, P.E., Principal Civil Engineer~ (858) 668-4602 or aubaldo@poway.org \[J CITY COUNCIL Submission of Right-Of-Way Certification Form for Federal-Aid Projects -Highway Safety Improvement Program Cycle 10 Project This action will approve a resolution authorizing the City Manager to sign and submit The California Department of Transportation (Caltrans) Right-Of-Way Certification form for the Highway Safety Improvement Program (HSIP) Cycle 10 Project and all future Right-Of-Way Certification forms for federally funded projects administered by Caltrans Local Assistance. Recommended Action: It is recommended the City Council approve the Resolution (Attachment A) approving the Caltrans Right-Of-Way Certification form and authorizing the City Manager to execute said form and all future Right-Of-Way Certification forms for federally funded projects administered by Caltrans Local Assistance. Discussion: In November 2020, the City applied for and received grant funding in the amount of $589,980 from the Highway Safety Improvement Program for the Poway Road Safety Improvements Project. The project will provide safety and operational improvements at various locations along Poway Road between Oak Knoll Road to Garden Road. The project will modify four existing concrete medians to restrict dangerous left turn movements from side streets into Poway Road, upgrade signal controller cabinets, install video detection systems at five traffic signal intersections, and upgrade intersection regulatory signs. The project design is now complete. The City must now submit the Right-Of-Way Certification form as part of a construction authorization request package to Caltrans to move into the construction phase. The Right-Of-Way Certification form is provided as Exhibit A to the Resolution. By submitting the Right-Of-Way Certification form, the City is certifying that no Right-Of-Way work is included in the project. Examples of Right-Of-Way work include but are not limited to the preparation of Right-Of-Way plans, utility relocations, appraisals, and payments for real property. Once the City obtains construction authorization, the project can be bid, and the award of construction contract will be brought to City Council. Construction is estimated to start in Spring of 2024.
2 of 8December 5, 2023, Item #7This resolution complies with Caltrans local assistance program requirements and allows the City to conform to federal aid project requirements. By authorizing the City Manager to approve and execute the Caltrans Right-Of-Way Certification form and future Right-Of-Way forms, the process is streamlined and prevents the potential loss of State or Federal funds due to time restrictions for executing the forms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The City received $589,980 of grant funds from the Highway Safety Improvement Program for the Poway Road Safety Improvement Project (ST018). Caltrans has allocated $45,020 of grant funds to complete the design. To receive the remaining $544,960 of grant funds for construction, the Right-Of-Way Certification form must be submitted to Caltrans. Public Notification: None. Attachment: A. Resolution Reviewed/Approved By: Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch?fliJ City Manager
December 5, 2023, Item #7RESOLUTION NO. 23-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING THE RIGHT-OF-WAY· CERTIFICATION FORM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FORM AND FUTURE RIGHT-OF-WAY CERTIFICATION FORMS FOR FEDERALLY AND STATE FUNDED PROJECTS ADMINISTERED BY CAL TRANS LOCAL ASSISTANCE WHEREAS, the City of Poway intends to apply for Federal-and State-Aid projects related to transportation, streets, and roads; WHEREAS, to be eligible for such Federal-and State-Aid projects, the Federal Highway Administration, and the California Department of Transportation require agencies to submit Right-Of-Way Certification for Local Assistance Project (Off State Highway System) to comply with federal regulations; and WHEREAS, Exhibit "A" is a Right-Of-Way Certification Form for Local Assistance Project provided by Caltrans that meets their requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council hereby approves and authorizes the City Manager to execute the Right-Of-Way Certification Form on behalf of the City of Poway. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of December, 2023 by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 3 of 8 ATTACHMENT A
December 5, 2023, Item #7EXHIBIT A 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 Poway 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 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. RIGHT OF WAY CERTIFICATION No. 1 1. STATUS OF REQUIRED PROPERTY RIGHTS HSIPSL-5428(015) Project ID Various locations along Poway Road between Oak Knoll and Garden Road in the City of Poway Project Location Provide advanced dilemma zone detection, implement leading pedestrian interval (LP!), create directional median openings, and install/upgrade intersection regulatory signs. 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 13-8. 2. STATUS OF AFFECTED OPERATING RAILROAD FACILITIES IZ] None affected. D The ___________ 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 13-8. D The __________ 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 13-8. 3. MATERIAL SITE(S) Ix] None required. D Material site(s) required. If this box is checked, please use Exhibit 13-8. 4 of 8 Page 1 of 5 January 2021
December 5, 2023, Item #7Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 4. DISPOSAL SITE(S) ~ None required. D Disposal site(s) required. If this box is checked, please use Exhibit 13-8. 5. STATUS OF REQUIRED UTILITY RELOCATION (Check all that apply) ~ No relocation required, therefore Buy America requirements do not apply. Existing utilities located within project limits are shown on Project Plan. [Z] Project is not covered by NEPA document; therefore, Buy America requirements do not apply. [Z] Utility Agreements are not required on this project; therefore, Buy America requirements do not apply. D 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 13-8. D All utility work (other than the adjustment of utility covers) will be completed by a stated date prior to award of the contract. If this box is checked, please use ~xhibit 13-8. D 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 13-8. 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 13-8. 6. RIGHT OF WAY CLEARANCE ~ There are no improvements or obstructions located within the limits of this project. D 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 13-8. 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 13-8. 5 of 8 Page 2 of 5 January 2021
December 5, 2023, Item #7Local Assistance Procedures Manual EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project 7. AIRSPACE AGREEMENTS [Zl 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. 0 Airspace lease has been cancelled. If this box is checked, please use Exhibit 13-B. 0 Other (If this box is checked, please use Exhibit 13-B) 8. COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS Ix] 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 ~ None Required. 0 Agency Agreement No. (If checked, please attach a copy) 10. ENVIRONMENT AL MITIGATION ~ No environmental mitigation parcels are required for this project. 0 All environmental mitigation parcels on this project have been acquired. If this box is checked, please use Exhibit 13-B. 0 Acquisition of environmental mitigation parcels is ongoing. If this box is checked, please use Exhibit 13-B. 6 of 8 Page 3 of 5 January 2021
December 5, 2023, Item #7Local Assistance Procedures Manual 11. CERTIFICATION EXHIBIT 13-A Short Form Right of Way Certification Local Assistance Project I hereby certify the right of way on this project as conforming to 23 CFR 635.309(b) and (c)(1) or (c)(2) and 49 CFR Part 24. 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 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: HSIPSL-5428(015) Authorized Resolution No.: Dated: By: Chris Hazeltine Title: City Manager CALTRANS ACCEPTANCE 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: 1) Local agency completes this form, signs and sends it to the DLAE. 2) 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 of 5 7 of 8 January 2021
December 5, 2023, Item #7Local 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) *Include copy of Specific Authorization b) UTILITY COVER ADJUSTMENTS WILL BE PERFORMED BY PROJECT CONTRACTOR Notice# Bid & Notice Utility Owner Liability% Type of Federal Item# Date Agreement Owner/LPA Facility Participation Date Yes (Y)* No (N) .. *Include copy of Spec1f1c Authorization c) FEDERAL PARTICIPATION □Yes □No □Yes □No □Yes □No 8 of 8 The adjustments comply with the 23 CFR 645.119 and the R/W Utility Relocation process in Chapter 14 of the 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 Specific Authorization (Exhibit 14-C, LAPM) approval? If "no", not federally participating. Page 5 of 5 January 2021