City of San Juan Capistrano

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1 12/17/ TO: FROM: DATE: SUBJECT: City of San Juan Capistrano Agenda Report.. 9 fl' Karen P. Brust, City Manage~~ ~ ~V Keith VanDer ~aaten, P.E., lie W~rks ~n_d Utili_ties Director ~,_ Prepared by: N1sha A. Patel, P.., Semor C1v1l Eng1neer, if, December 17, 2013 Consideration of Resolution Confirming the City of San Juan Capistrano's Participation in the 2015 Federal Transportation Improvement Program (CIP 07112) (Orange County Transportation Authority) RECOMMENDATION: By motion, adopt a Resolution certifying the City has the resources to fund the project submitted for inclusion in the 2015 Federal Transportation Improvement Program and confirming the City's commitment to implement the project submitted in the program. EXECUTIVE SUMMARY: The Federal Transportation Improvement Program (FTIP) is a listing of all capital transportation projects proposed over a six year period. FTIP projects are those that have received funding through Orange County Transportation Authority (OCTA) Measure M Call for Projects and have received federal funding, or are otherwise regionally significant. The City of San Juan Capistrano has one project in the FTIP; it is the design of the Interchange at Ortega Highway and Interstate 5 Freeway. For the 2015 FTIP, the City was asked to submit amendments to its FTIP projects and add any new projects in the OCfundTracker database. The City formally submitted one project amendment to the 2015 FTIP on October 24, 2013 (Attachment 1), and did not add any new projects. The only amendment the City made was to update the overall project schedule for the Interchange at Ortega Highway and Interstate 5 Freeway Project. The 2015 FTIP and Financial Plan will be approved by OCTA Board of Directors in January A City Council resolution is required as part of the submittal in order for OCTA to confirm the amendments are accurate (Attachment 2). DISCUSSION/ ANALYSIS: OCTA considers the City as the lead agency for the Interchange at Ortega Highway and Interstate 5 Freeway (design) project even though Caltrans is managing the design inhouse. The City was originally going to manage the design, and applied and secured the Measure M and State Grant funding for the project in Fiscal Year

2 City Council Agenda Report December 17, 2013 Page 2 of 2 Caltrans and the City decided that Caltrans would do the design in-house. It was also agreed that grant funds would be later transferred to Caltrans per the Cooperative Agreement (Attachment 3) approved by the City on August 16, Design is complete, and the project is under construction. The City has submitted for the 10% final reimbursement of funding in the amount of $250,000 from OCTA. Since the final invoice package is still being reviewed by the OCTA, the City needs to continue to keep the project in the FTIP. FISCAL IMPACT: The City had already provided funds for preliminary engineering as obligated in the FTIP for the Interchange at Ortega Highway and Interstate 5 Freeway project (CIP 07112). Caltrans has spent in excess of $7.3 million on design. The City has received payment for 90% of the grant funding, $2,250,000, and transferred the funds to Caltrans as required per the Cooperative Agreement approved by the City on August 16, City staff is currently spending staff time to coordinate with OCTA to receive the final 10% payment of grant funding ($250,000), and to forward that on to Caltrans. The Interchange Project is listed under the City FTIP even though Caltrans is the lead agency on the Interchange Project. Because the City originally applied for the Measure M funds, OCTA considers the City as the project manager. The Measure M Grant funding secured for the Interchange project requires the agency receiving the funds to provide an equal amount of funds as the grant towards the project. Caltrans has provided documentation that they have expended 7.3 million dollars in design which exceeds the $5 million required to be spent in order to have an equal match to the $2.5 million Measure M Grant. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Louis Zhao, Orange County Transportation Authority Ben Ku, Orange County Transportation Authority Nooshin Yoosefi, Caltrans A TT ACHMENT(S): Attachment Federal Transportation Improvement Program Amendment Submittal Attachment 2 - Resolution Attachment 3 - Cooperative Agreement

3 Orange County Transportation Authority System Route Postmile State Hwy 74 Oto.24 Program Code CAX75- OVER CROSS OR UNDERCROSS IMP(LN.ADD'S): RS Enviromental Document CATEGORICALLY EXEMPT- 05/ Conformity Category NON-EXEMPT Air Basin SCAB Project Completion Date 12/31/2014 Current Implementation Status Engineering/Plans, Specifications and Estimates (PS&E)- 10/14/2009 Project Manager Nisha Patel - (949) ~~!l!\.",;lified By NI~Hlf~atel on 1 0/23/2013 ORTEGA HWY (RANCHO VIEJO RD TO JUST EAST OF 1-5/SR-74 INTERCHAGE) RDWAY WIDEN ADD RT TRN LNE TO CAPAC & REDUCE QUE ON W8 SR-74 TO NB 1-5 TRN. N/8 FRM 2TO Project Description ORTEGA HWY (RANCHO VIEJO RD TO JUST EAST OF I-5/SR-741NTERCHAGE) RDWAY WIDEN ADD RTTRN LNE TO CAPAC & REDUCE QUE ON W8 SR-74 TO N8 1-5 TRN. N/8 FRM 2T03 & S/8 2T03. $2,550 $0 $0 $2,550 Total C.ost $2,550 ~ -1 )> 0 :I: s: m z -1 ~ Page 1 Wednesday, November 13, 2013

4 RESOLUTION NO x A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE 2015'FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND HAS THE RESOURCES TO FUND THE PROJECTS IN THE FEDERAL FISCAL YEAR (FFY) 2014/ /2020 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM. WHEREAS, the City of San Juan Capistrano (the City) is located within the metropolitan planning boundaries of the Southern California Association of Governments; and WHEREAS, the City desires to include the projects submitted to the Orange County Transportation Authority's (OCTA) Federal Transportation Improvement Program (FTIP); and WHEREAS, the City warrants that it has committed funding for the City's share as required and accepts responsibility to fully implement the projects submitted; and WHEREAS, the City is the lead agency for projects and will comply with applicable local, state, and federal provisions including the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America; and WHEREAS, the City agrees to the amendments to the projects as shown in the 2015 FTIP; and WHEREAS, the City possesses legal authority to submit the projects for inclusion in the FTIP and to finance and construct the projects as noted in the amendments; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, does hereby affirm the City's commitment to the projects submitted in the 2015 Federal Transportation Improvement Program. PASSED, APPROVED AND ADOPTED this 17th day of December ATTEST: Sam Allevato, Mayor Maria Morris, City Clerk ATTACHMENT 2

5 COOPERA TlVE AGREEMENT Contribution Only 12-0RA-74 PM 0.00/1.60 EA OE310, ID District Agreement No. 12,.0641 This agreement, effective on 8.. (,( t:>t t, 2011 is between the State of California, acting through its Department of Transportation, referred to as CAL TRANS, and: San Juan Capistrano City, referred to as "CITY". RECITALS 1. CAL TRANS and CITY, collectively referred to as PARTNERS, are authorized to enter into a cooperative agreement for imprc>vements to the SHS pet Streets and Highways Code sections 114 and CAL TRANS is preparing a Plans, Specifications, and Estimate (PS&E) package for a project that involves reconstruction of the interchange at State Route 74 and Interstate 5 in the City of San Juan Capistrano, referred to as PROJECT. 3. Orange County Transportation Authority (OCTA) has allocated $2,500,000 of Measure M funds to CITY for Design Engineering of PROJECT. 4. CITY request CAL TRANS to administer PROJECT and will contribute funds to PROJECT. Contributed funds will be used for the design support cost. 5. PARTNERS now define in this agreement the terms and conditions of this contribution. RESPONSIBILITIES 6. CALTRANS is the SPONSOR and IMPLEMENTING AGENCY for PROJECT. 7. CITY is a FUNDING PARTNER contributing a fixed amount towards PROJECT. DE:FINITIONS FUNDING PARTNER- A partner who commits a defined dollar amount. IMPLEMENTING AGENCY- The partner responsible for managing the scope, cost, and schedule of a project component to ensure the completion of that component. PARTNERS- The term that collectively references all of the signatory agencies to this agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one partner's individual actions legally bind the other partners. ATTACHMENT 3

6 D1strict Agreement 12~0641 SPONSOR- The partner that accepts the obligation to secure financial resources to fully fund PROJECT. This includes any additional funds beyond those committed in this agreement necessary to complete the full scope of PROJECT defined in this agreement or settle claims. SCOPE 8. CAL TRANS is responsible for all work for PROJECT. COST 9. CITY will contribute a fixed amount of $2!500,000 of Measure M funds, in lump sum payment. 10. If federal funds are being contributed as part of this agreement, CAL TRANS will administer all federal funds. 11. CAL TRANS will submit invoices to CITY upon execution of this agreement and the CITY will forward the same to OCT A. 12. CITY will pay CAL TRANS within 30 calendar days of receipt of the funds from OCT A. GENERAL CONDITIONS 13. All obligations of CAL TRANS under the terms of this agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 14. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CAL TRANS under or in connection with any work, authority, or jurisdiction conferred upon CAL TRANS or arising under this agreement. It is understood and agreed that, CAL TRANS will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CAL TRANS under this agreement. 15. This agreement is intended to be PARTNERS' final expression and supersedes all prior oral understanding or writings pertaining to PROJECT. 16. This agreement will terminate upon receipt of the full payment from CITY to CAL TRANS. However, all indemnification provisions will remain in effect until terminated or modified in writing by mutual agreement. 2

7 District Agreement SIGNATURES PARTNERS declare that: 1. Each partner is an authorized legal entity under California state law. 2. Each partner has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: ~t.~ fer Frank Lin Acting Deputy District Director Capital Projects Outlay Program CITY OF SAN JUAN CAPISTRANO ~ Karen P. Brust Manager APPROVED A~ TO FORM: By:~{ Omar San oval Attorney 3

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