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Agenda Item 16.
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| City Council Meeting |
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| Subject: |
| Amendment No. 2 to Cooperative Agreement between the City of Brea and Caltrans for the Highway 57/Lambert Road Interchange Project, Project 7251 |
| RECOMMENDATION |
| Approve Amendment No. 2 to the Cooperative Agreement between the City of Brea and Caltrans and Authorize the City Manager to Execute Amendment No. 2. |
| 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 SR 57 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 programed 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. 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.
Phase 1 was substantially completed in August of 2017 and the R/W Acquisition Phase for the project was initiated. 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, on October 3, 2017, the City Council approved Amendment No. 1 to the Cooperative Agreement that provides the required language, which was executed by the City Manager.
In November 2017, staff from Caltrans, OCTA, and the City began discussions on funding the entire Project using various funding sources from the United States Department of Transportation's Infrastructure for Rebuilding America (INFRA) competitive grant program and the California State Transportation's Trade Corridor Enhancement Program (TCEP). Therefore, the collective group decided to hold the Phase 1 PS&E submittal at the substantial completion stage and to look into completing the overall Project PS&E (Phases 1-4) as one bid package with the intent to seek funding to construct the entire Project. Furthermore, it was suggested that Caltrans would be the more appropriate agency to take the lead on this effort and Advertise, Award, and Administer (AAA) the construction contract, with City oversight.
In November 2017 and January 2018, OCTA and Caltrans submitted the appropriate documentation for both grant programs with an estimated total construction and construction engineering cost of $77 million. This cost estimate included the additional work related to the Phase 4 bridge widening truck climbing lanes component; the added sound walls along the north and south bound on-ramps; some modifications to the retaining walls at the south bound off-ramp; design updates based on the Caltrans Standard Specifications and Plans; and Caltrans AAA costs. It is anticipated that the final decision with respect to grant notifications for the OCTA INFRA grant application ($25 M) will be in the summer of 2018. On May 16, 2018, the CTC approved the TCEP grant application ($65.7M). Additionally, the City was successful in obtaining grant acceptance for $12 M from OCTA through the Competitive Measure M2 grant program to fund the construction of the Phase 1 potion of the Project. It is anticipated that this grant will be awarded by the OCTA Board at their June 2018 meeting.
As stated previously, Caltrans will be taking the lead to AAA the overall Project. This lead role responsibility requires the Cooperative Agreement to be amended to reflect this change, which was prepared by Caltrans within an Amendment No. 2 document (see Cooperative Agreement Amendment No. 2). Also, Caltrans updated other items within the original Cooperative Agreement to reflect the current status of the Project. Staff and City Attorney reviewed the Amendment No. 2 document and have approved as to form for City Council's approval. |
| COMMISSION/COMMITTEE RECOMMENDATION |
| The Finance Committee reviewed staff’s recommendation at their May 29, 2018 meeting and recommended to proceed. |
| 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) ($6,020,895), Federal Grant ($924,099), and OCTA Measure M Grants ($6,856,200). This Amendment No. 2 proposes a cost associated with Caltrans and their Office Engineer of $400,000 to complete the final review of the 100% PS&E. This cost is included in the FY 2017-18 budget and will be funded by Fund 540. Therefore, there are no General Funds being used for the Project and approving Amendment No. 2 to the Cooperative Agreement does not impact the approved FY 2017-18 budget.
The current Cooperative Agreement with Amendment No. 1 specifies that the City will AAA the Construction Phase of the Project; however, with the recent appropriations of TCEP funding for the Construction Phase of the Project from the CTC at their May 16, 2018 meeting, Caltrans and City staff determined that Caltrans would be the more appropriate lead agency to AAA the Project. Hence, Amendment No. 2 to the Cooperative Agreement was developed, with review by the City Attorney's office that provides the required lead role and responsibility modification as well as updated language that reflects the current status of the Project. Therefore, staff recommends the City Council consider approving Amendment No. 2 and authorizing the City Manager to execute said document. Once signed, the partially executed Amendment No. 2 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
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