Agenda Item   



                                                                                                                        ASR Control  17-000299




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Shane Silsby (714) 667-9700 



Nardy Khan (714) 647-3906



Subject:  Resolution for Approval of Program Supplement Agreements for Federal Aid Project


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Resolution to Form




3 Votes Board Majority




    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No



    Prior Board Action: 2/14/2017 #33, 1/23/2007 #27




Adopt Resolution authorizing the Director of OC Public Works or designee to approve and execute on behalf of the County of Orange, future Program Supplement Agreements, as described in previously approved Master Agreement, in which the County of Orange matching funds, detailed in the Program Supplement Agreement, do not exceed $1,000,000.






Adopting the Resolution will authorize the Director of OC Public Works or designee to approve and execute on behalf of the County of Orange future Program Supplement Agreements and will allow OC Public Works to continue receiving federal funds to construct programmed projects within the 7-Year OC Public Works Capital Improvement Program.






On January 23, 2007, The Board of Supervisors (Board) approved Agreement No. D06-110 with the State of California acting through its Department of Transportation (Caltrans) and adopted a resolution which approved Agreement No. D06-110 and authorized the Director of OC Public Works to execute Program Supplement Agreements not exceeding $500,000.

On February 14, 2017, the Board approved Master Agreement No. MA-080-17011032 and three Program Supplement Agreements (PSA): PSA F058 Edinger Avenue Bridge Replacement over Bolsa Chica Channel Project; PSA F059 Foothill Boulevard and Hewes Street Asphalt Overlay Project; and PSA F060 Crown Valley Parkway and Oso Parkway Slurry Seal Project. As future individual projects are approved by Caltrans, separate PSA's will be processed for approval and execution. After PSA execution, the plans, specifications and estimate for advertisement of construction and the design, engineering and/or construction contracts will be recommended for award to the Board.  Last year, OC Public Works received six PSA’s, however it is unknown how many grants will be received in the years to come as the process is very competitive but OC Public Works continuously seeks and applies for available grants.


Due to the recent federal grant seeking experience, OC Public Works is applying for federal grants for projects that are larger and more costly, resulting in a local match share that exceeds the $500,000 threshold which the Director of OC Public Works is unable to authorize and now has to be authorized by the Board for approval. OC Public Works is also requesting delegation of authority to the Director of OC Public Works due to timing constraints. The PSA’s must be signed by the Director of OC Public Works (< $500,000) or the Board (> $500,000) within 90 days from receipt of a signed Finance Letter from the State, otherwise the grant funds will be disencumbered and/or deobligated. More PSAs will become available and it is important to have the flexibility to meet the tight deadlines without having to return to the Board if possible.


OC Public Works requests that the Board adopt a resolution (Attachment A) to authorize the Director of OC Public Works or designee to approve all future PSA’s where the expenditure of County funds does not exceed $1,000,000. A PSA will be processed for Board approval if the County’s matching funds exceed $1,000,000. The PSA projects will be brought back to the Board either at the Advertise for Construction or Award of Construction stage. It will be noted that the project was awarded a federal grant.


Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.  The approval of this agenda item does not commit the County to a definite course of action in regard to a project since it is adoption of the resolution for program supplement agreements. This proposed activity is therefore not subject to CEQA.  Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.






There is no financial impact related to the recommended actions in this Agenda Staff Report.









Attachment A - Resolution - Approval of Program Supplement Agreement