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  Agenda Item   13.    
City Council Meeting
Meeting Date: 10/03/2017  
FROM: Bill Gallardo

Subject:
Amendment No. 1 to Cooperative Agreement between the City of Brea and Caltrans for the Highway 57/Lambert Road Interchange Project, Project 7251
RECOMMENDATION
Approve Amendment No. 1 to the Cooperative Agreement between the City of Brea and Caltrans and Authorize the City Manager to Execute Amendment No. 1
BACKGROUND/DISCUSSION
The State Route (SR)-57 & Lambert Road Interchange Improvements (“Project”), Project 7251, was initiated in 1999 between the City of Brea and the State of California Department of Transportation ("Caltrans") to address traffic congestion on Lambert Road at the SR57 interchange and at the adjacent intersection of Lambert Road and State College Boulevard. In 2007, the Project Study Report was completed and the Project was formally programmed in the City's 2008 Capital Improvement Program ("CIP") budget as well as Caltrans' annual budget.  

In 2009, the City and Caltrans entered into a Cooperative Agreement for the Project to complete the Project Approval and Environmental Development ("PA&ED"), Right-Of-Way ("R/W"), and Plans, Specifications, and Estimate ("PS&E") Phases (see Cooperative Agreement).  The PA&ED Phase was completed in November 2015, with the approval of the Project Report and Environmental Document.  As part of the PA&ED, the preferred Project Alternative 7A was selected, which proposes to add a northbound loop on-ramp & realign northbound off-ramp; widen southbound ramps and bridge over the railroad; convert southbound exit ramp to a two (2) lane exit and widen Lambert Road from west State College.

Since November 2015, the City along with Parsons ("Design Consultant") have been working with Caltrans to complete the PS&E Phase.  In December 2016, the 65% plans and estimate were completed for the entire Project, with some modifications to the design.  Soon thereafter, the Project was separated out into four (4) phases due to construction funding constraints, with the focus on completing the PS&E Phase for the Phase 1 Project.  Phase 1 construction will add the northbound loop on-ramp & realign northbound off-ramp and modify the existing northbound on-ramp north of Lambert Road (East of SR-57).  Phase 2 will convert the southbound off-ramp to a two (2) lane exit.  Phase 3 will widen the southbound on-ramp and bridge over the railroad.  This phase will also widen Lambert Road west of the southbound ramps. The final Phase 4 includes widening of Lambert Road and SR-57 bridge modification on the east side of the freeway, which is part of the Caltrans/OCTA Truck Climbing Lane Project.  

Since the design of Phase 1 is substantially complete, staff has initiated the R/W Acquisition Phase and has retained CPSI ("R/W Consultant") to assist the City with the completion of this phase.  R/W acquisition for the project will involve a full take and several partial takes.  The construction of Phase 1 will require the full acquisition of the existing Carwash on Lambert Road, including a partial acquisitions with the adjacent properties east of the Carwash and Olen Point property on the north side of Lambert Road.  Phases 2 and 3 construction also require R/W.  However, all parcels affected in Phases 2 and 3 are owned by the City and OCTA.  No R/W take is anticipated for the Phase 4 construction, other than some potential utility relocations.

During the initiation of the R/W Phase with Caltrans, it was noted that the current Cooperative Agreement specifies that the Resolution of Necessity ("RON"), with respect to the use of eminent domain to acquire the required property shall be heard by the California Transportation Commission ("CTC").  Since the City will be the lead agency completing the R/W Acquisition Phase as well as for the Design and Construction Phases, Caltrans requested that this provision of the Cooperative Agreement be amended to reflect the lead agency role.  Therefore, staff in coordination with the City Attorney's office and Caltrans have developed Amendment No. 1 to the Cooperative Agreement that provides the required language (see Amendment No. 1).
FISCAL IMPACT/SUMMARY
The PA&ED, PS&E, and R/W Phases of the Project are currently funded within the 2017 Capital Improvement Program up to Fiscal Year ("FY") 2017-18 with Fund 540 (Traffic Impact) ($3,561,743), Federal Grant ($924,099), OCTA Measure M Grants ($6,856,200), and State Grants (STIP) ($9,000,000).  There are no General Funds being used for the Project and approving Amendment No. 1 to the Cooperative Agreement does not impact the approved FY 2017-18 budget.  

The current Cooperative Agreement specifies that the RON, regarding the use of eminent domain to acquire required property, be heard by CTC.  Per Caltrans, since the City will be the lead agency completing the R/W Acquisition Phase as well as for the Design and Construction Phases, the CTC does not need to hear the RON.  Hence, Amendment No. 1 to the Cooperative Agreement was developed, with review by the City Attorney's office, that provides the required lead role modification.  Therefore, staff recommends the City Council consider approving Amendment No. 1 and authorizing the City Manager to execute said document.  Once signed, the partially executed Amendment No. 1 will be submitted to Caltrans for final execution with one fully executed document provided back to the City Clerk.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Steve Kooyman, P.E., City Engineer
Concurrence: Tony Olmos, P.E., Public Works Director
 
Attachments
Cooperative Agreement
Amendment No. 1

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