TO: Board of Supervisors
FROM: Steven Lederer, Director of Public Works
REPORT BY: James Reese, P.E., Associate Engineer
SUBJECT: Approve resolution for the Director of Public Works to execute agreements and certifications with the California Department of Transportation.
RECOMMENDATION
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Adopt a Resolution granting the Director of Public Works authority to execute program supplement agreements, utility agreements, and right of way certifications with the California Department of Transportation. (No Fiscal Impact)
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BACKGROUND
Napa County is eligible to receive Federal and/or State funding for certain transportation projects through the California Department of Transportation (“Caltrans”); and Caltrans requires the County to execute Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements before Napa County can request reimbursement for eligible expenses. Master Agreements commit Napa County to complying with federal regulations, policies, and procedures on all state or federally funded projects, and staff will ask the Board to approve future Master Agreements. Program Supplement Agreement includes additional requirements for specific projects in the Capital Improvement Program Budget.
Transportation projects may also require execution of Utility Agreements and Right of Way Certifications in order to secure property rights, address relocation needs, and coordinate with utility providers. Federal regulations require Napa County to submit a Right of Way Certification to Caltrans for review and acceptance before advertising a construction contract to potential bidders. Utility Agreements describe the utility infrastructure to relocate and which company or agency will pay for the relocations. Right of Way Certifications assure Caltrans that Napa County complied with right-of-way acquisition procedures. Staff recommends that the Board delegate signing these administrative documents to the Director of Public Works.
This resolution grants the Director of Public Works the authority to:
• Execute all Program Supplemental Agreements, including any amendments, required by Caltrans for state or federally funded projects for which Napa County is eligible.
• Execute all necessary utility agreements and related documents, including but not limited to agreements for utility services, relocation of utilities, and utility easements, subject to applicable budgetary limitations, legal review, and County procurement policies.
• Execute all necessary Right of Way Certifications, including any amendments or related documents, certifying the County’s compliance with applicable federal and state requirements for property acquisition and relocation assistance.
Requested action:
Adopt a Resolution authorizing the Director of Public Works to execute program supplement agreements, utility agreements, and right of way certifications with the California Department of Transportation.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
It is the Board’s prerogative to approve agreements or delegate authority to approve agreements. Approving the resolution will reduce staff time, costs, and the time to deliver projects by eliminating the need to get Board approval of program supplement agreements, utility agreements, and right of way certifications. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
There would be a reduction in future costs. |
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Consequences if not approved: |
Staff would continue to prepare Board Agenda Letters asking the Board to approve agreements. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.