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HomeMy WebLinkAboutContracts & Agreements_130-2010_CCv0001.pdf MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT MEMORANDUM TO: Pat Gilbreath, Mayor FROM: Rosemary Hoerning, Municipal Utilities & Engineering Director THROUGH: N. Enrique Martinez, City Manager Dan McHugh, City Attorney DATE: May 24, 2010 SUBJECT: Request for Mayor's Signature Recommendation: I am recommending the Mayor execute the attached Right-of Way Certification for Cycle 5 and Cycle 6 Safe Routes to School Projects, Background: The City received funding for both Safe Routes to School Cycle 5 and Cycle 6 Program Cycles. As part of the project administration, the City is required to provide an executed right-of-way certification for each project. To construct the ADA and Sidewalk improvement associated with these projects no additional right-of-way is required. On April 20, 2010 the City Council adopted Resolution No. 6934 authorizing the Mayor or any City Council member to sign the Right-of-Way Certification. ATTACHMENT: (1) Right-of Way Certification for Cycle 5 (2) Right-of Way Certification for Cycle 6 RESOLUTION NO. 6934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE MAYOR AND CITY COUNCIL MEMBERS TO EXECUTE STATE TRANSPORTATION PROGRAM DOCUMENTS REQUIRED FOR HIGHWAY PROJECTS AND RESCINDING RESOLUTION NO. 6845 WHEREAS,the City of Redlands(the"City") is eligible to receive State funding for certain transportation projects through the California Department of Transportation;and WHEREAS,Master Agreements,Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and Right-of-Way Certifications with the California Department of Transportation must be executed by an authorized City representative before such funds can be obtained and expended by the City; and WHEREAS, the City Council of the City wishes to authorize the Mayor or any Council Member to execute all Master Agreements,Programs Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and Right-of-Way Certifications and any amendments thereto,with the California Department of Transportation; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. The City Council of the City of Redlands hereby authorizes the Redlands Mayor or any Redlands City Council Member to approve,execute and sign State documents required to receive State funding for various transportation projects,including but not limited to right-of-way certifications on behalf of the City. Such documents,when duly executed by the Mayor or any Redlands City Council Member shall be binding upon the City. Section 2. Resolution No.6845 of the City Council of the City of Redlands is hereby rescinded. ADOPTED, SIGNED AND APPROVED this 20th day of April,2010. Mayor of the City of Redlands ATTEST: City Clerk 1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution No. 6934 was duly adopted by the City Council at a regular meeting thereof, held on the 20th day of April 2010, by the following vote: AYES: Councilmembers Bean, Harrison, Gallagher, Aguilar; Mayor Gilbreath NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City Clerf--��Af City of Redlands, California 2 OF' Local Assistance Procedures Manual EXHIBIT 13-A No Right of Way Certification EXHIBIT 13-A No Right of Way Certification Local Assistance Project(Off State Highway System) August 12, 2010 No RIGHT OF WAY CERTIFICATION (Date Prepared) LOCAL ASSISTANCE PROJECT (OFF STATE HIGHWAY SYSTEM) CITY OF Redlands (OR) COUNTY OF FW.VKMR-500(00) FA-OSMW L Please Note: PROJECT: SME ROUES To S040USCME 5 This form is intended for use on local assistance projects off the Federal Program(if available) State Highway System where federal funds are used and where Kmgsbtry,Franik, Craftm,McKk*Bernerdary Sft*,RedarKls no additional right of way or rights in real property are required CNisfim,Kvbw*Smdey,P*hway Chrisfim,OrwillewoW EWnsrAwy& and no utility relocations of any kind are required. Lugone ElanerAwy Moore MS If any of the Questions below are answered, "Yes," this form Project Location should not be used Instead,the Right of Way Certification Form (Exhibit 13-13)should be utilized. Construct new sidewallm and ADA access ramps around elementary,middle and high schools General Description YES NO ❑ STATUS OF REQUIRED RIGHT OF WAY 1. Is additional right of way required? 2. Is any work proposed by this project outside of existing right of way? STATUS OF AFFECTED RAILROAD OPERATING FACILITIES FZ3 Are any railroad operating facilities affected by this project? MATERIAL SITE(S) 4 Are material sites required for this project? ❑ DISPOSAL SITE(S) 5. Are disposal sites that are not part of the contractor's responsibility to remove excess material required for this project? STATUS OF REQUIRED UTILITY RELOCATIONS F06 Is there an adjustment/relocation of any utility facility, including those owned and operated by the sponsoring local public agency? RIGHT OF WAY CLEARANCE 7 Are there improvements or obstructions located within the limits of this project? COMPLIANCE WITH RELOCATION ASSISTANCE PROGRAM REQUIREMENTS 8 Are there displacements for this project? Page 13-43 LPP 09-02 July 31,2009 EXHIBIT 13-A Local Assistance Procedures Manual No Right of Way Certification ENVIRONMENTAL MITIGATION 9 Are environmental mitigation parcels required for this project? CERTIFICATION I hereby certify the right of way on this project as conforming to 23 CFR 635.309(G), which states in part; "The acquisition of right of way is not required for this project." The project may be advertised with the contract award being made at any time. I understand Caltrans will not be performing a review of the PS&E at this time but that all documents relating to this project are subject to review by FHWA and/or Caltrans in order to verify this certification. I also understand that if deficiencies are found in any subsequent review,the following actions will be considered: I. Where minor deficiencies are found,the certification for future projects may be conditional or not accepted until the deficiencies are corrected. 2. Where deficiencies are of such magnitude as to create doubt that the policies and objectives of Title 23 of the Code of Federal Regulations(or other applicable federal and state laws)will not be accomplished by the project, federal funding may be withdrawn. LOCAL AGENCY CERTIFICATION CALTRANS ACCEPTANCE I have not personally inspected the subject project nor CITY OF REDLANDS reviewed the PS&E package but I am aware of the scope of the project. I have reviewed the above"No Right of Way Certification"and I am satisfied with the form and content. (OR) Caltrans accepts this certification as proper in form and apparently complete in content. Caltrans also accepts this COUNTY certification with the understanding that the local agency OF statement of compliance (above) has not been confirmed by Caltrans, By: By: (Person must be authorized to sign certification for local public agency) Pat Gilbreath Tide: Tide Mayor Date: Date: August _19, 2010 ATTEST: Sam IrviR—, 01ty Clerk Mltribuftll: 1) Local-9--y—*t-this f-,signs and studs it to the DLAE for acceptance (signatum) 2) DLAE madsa cM to Dis#id Right of Way LP Coordinator,kwpa a copy for his/her files,and scnda the signed original back to the local agency. Page 1344 July 31,2009 LPP 09-02