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    5.    
Finance Committee
Meeting Date: 07/10/2018  
FROM: Bill Gallardo

Subject:
Cooperative Agreement, Project Baseline Agreement and Funding Summary between the City of Brea and the State of California Department of Transportation (Caltrans) for the SR 57/Lambert Road Interchange Improvement Project (CIP 7251) - Construction
RECOMMENDATION
  1. Approve the Cooperative Agreement, Project Baseline Agreement and Funding Summary between the City of Brea and Caltrans; and
  2. Authorize the City Manager to execute the Cooperative Agreement and any subsequent amendments to the Cooperative Agreement, Project Baseline Agreement and/or Funding Summary upon approval as to form by the City Attorney 
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 and realign the 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 early November 2017, staff from Caltrans, OCTA, and the City began discussions on funding the entire Project (all four phases) 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).  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.  It is anticipated that the 100% PS&E package for the entire Project will be ready for bid by September with right-of-way acquisition certification by Caltrans in November 2018.  Therefore, the main scope of work as identified within the current Cooperative Agreement with Caltrans would be considered complete.     

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 northbound and southbound on-ramps; some modifications to the retaining walls at the southbound off-ramp; design updates based on the Caltrans Standard Specifications and Plans; and Caltrans AAA costs.  On May 16, 2018, the CTC approved the TCEP grant application ($65.7 million) as part of the Road Repair and Accountability Act of 2017 (SB1).  Additionally, the City was successful in obtaining a grant award for $12 million from OCTA through the Competitive Measure M2 grant program to fund the construction of the Phase 1 portion of the Project by the OCTA Board at their June 2018 meeting.  Furthermore, OCTA was recently notified that the INFRA grant will not be accepted for the FY 2018-19 grant cycle.  However, with the TCEP and M2 Grant Funds, the Project is considered fully funded.

In late May 2018, after the City and Caltrans were successful in obtaining the CTC approval to program the TCEP grant funds for the Project in FY 2018-19, staff from both agencies worked collaboratively to prepare the Construction Phase Cooperative Agreement between the two parties.  This Construction Cooperative Agreement ("Agreement") provides the necessary requirements for the City and Caltrans to complete all tasks cooperatively through the construction of the Project.  Caltrans is considered the Implementation Agency which will AAA the Project while the City is considered the Sponsor Agency (collectively referred to as the "Partners").  This Agreement also includes a Funding Summary that provides the breakdown of the funding and the categories of the expenditures, which will be adhered to throughout the term of the Agreement.  This Funding Summary may need to be updated from time-to-time as funding details change.  

Additionally, based on the SB1 TCEP funding, Caltrans and the City are required to enter into a Project Baseline Agreement, which is a required document to be executed by the CTC at time of final fund appropriations.  Both the Agreement and Project Baseline Agreement have been reviewed as to form by the City Attorney.  Therefore, staff is seeking City Council’s consideration to approve the Agreement inclusive of the Project Baseline Agreement as attached. 
 
SUMMARY/FISCAL IMPACT
The Project is fully funded as depicted in the following table and as identified within the adopted 2018 CIP:

 
FUNDING SOURCE BUDGET AMOUNT
Fund 540 (Traffic Impact) $12.55 million
Federal Grants (TCEP/TEA) $66.63 million
County Grants (OCTA M2) $18.94 million
State Grants (STIP) $9.00 million
TOTAL $107.12 million

The current 100% PS&E Construction Estimate for this Project with escalation costs is approximately $66.3 million with $16+ million for Construction Engineering, which is for Caltrans AAA costs with City oversight.  There is also some Landscaping work and mitigation measures that are estimated to cost approximately $4.1 million.  Therefore, the 2018 CIP Budget depicts a $70.8 million construction cost, which includes the $4.1 million.  The Landscape work (estimated to cost $1.6 million for design, bid, and construct) will be completed under a separate Contract with Caltrans, which will require a seperate Cooperative Agreement.  The remaining $2.5 million will be used for the restoration work as required mitigation for the Project.  The following table provides the full breakdown of the estimated costs:

 
EXPENSE CATEGORY COST ESTIMATE
Design $7.87 million
Right of Way $12.46 million
Construction $70.79 million
Construction Engineering $16.00 million
TOTAL $107.12 million

Based on the tables above, the Project is considered fully funded.  Therefore, there will be no General Fund Impact from this action or the Project.

The Project proposes to add a northbound loop on-ramp and realign the northbound off-ramp; widen the 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.  In order to continue with the approval process with Caltrans taking the lead AAA efforts for construction as the Implementing agency, Caltrans requires the City to enter into a Cooperative Agreement.  Furthermore, based on the recent SB1 funding as programmed by the CTC at their May 16, 2018 Board meeting, the City and Caltrans are required to enter into a Project Baseline Agreement.  Both of these agreements have been reviewed as to form by the City Attorney and are ready for the City Council's approval.  Therefore, staff is recommending the City Council consider approving the Cooperative Agreement with the attached Project Baseline Agreement and authorize the City Manager to execute said agreements with any subsequent amendments upon final approval as to form by the City Attorney (see Cooperative Agreement with Project Baseline Agreement attached).    
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

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