title
APPROVE MOTION TO AUTHORIZE THE AMENDED RESTATEMENT AND AFFIRMATION AGREEMENT BETWEEN THE CITY OF STOCKTON AND CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE FRENCH CAMP ROAD/I-5 INTERCHANGE RECONSTRUCTION
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion authorizing the City Manager to execute the amended Restatement and Affirmation Agreement between the City of Stockton and the California Department of Transportation for the French Camp Road/I-5 Interchange Reconstruction (Project No. PW9945).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
body
Summary
It is recommended that Council approve a motion to amend the Restatement and Affirmation Agreement (RAA) for the French Camp Road/I-5 Interchange Reconstruction project to allow completion of necessary background activities. The RAA from December 2013 must be amended to add required funding to allow the City to reimburse Caltrans a not to exceed amount of $200,000 using Measure K funds.
On July 9, 2007, the City entered into a Design/Right-of-Way Cooperative Agreement with the California Department of Transportation (Caltrans) to acquire the necessary rights-of-way to facilitate construction of the French Camp Road/I-5 Interchange Reconstruction project. The Cooperative Agreement has been amended several times and construction was completed in 2015. However, background work remains, including disposal of excess right-of-way that is not needed for the operation of the interchange. Caltrans will dispose of this excess right-of-way and is entitled to be reimbursed for the right-of-way services per the RAA.
DISCUSSION
Background
The City is the lead agency for the French Camp Road/I-5 Interchange Reconstruction project (Attachment A - Vicinity Map). This regionally significant project accommodates traffic demands at the interchange due to the extension of the Arch-Sperry Road corridor. The project reconfigured and reconstructed the French Camp Road and I-5 Interchange, including realignment of frontage roads and adding auxiliary lanes to the freeway. Landscaping was initially part of the main project, but due to funding constraints it was split off into a separate phase. The footprint of the new interchange and all its components required the purchase of a significant amount of right-of-way. One of the final activities of the project is to transfer ownership and/or dispose of parcels that are not needed for the final project.
On July 9, 2007, the City entered into a Design/Right-of-Way Cooperative Agreement with Caltrans to acquire the necessary rights-of-way for the project. The Cooperative Agreement was amended three times to add funding and extend the contract term. The last amendment to the agreement expired in 2013, before work was completed on the project. The City and Caltrans then entered a RAA which became effective on December 16, 2013. This agreement reinstated the conditions of the previous agreement, but removed the termination clause. Instead, the agreement terminates when all the work is completed on the project.
Construction was completed in 2015. However, not all background work has been completed, including disposal of excess right-of-way or parcels. Excess parcels are created when entire parcels are purchased, even though the entire parcel is not needed, and when design changes reduce the amount of right-of-way needed. The excess right-of-way is a liability, and is not needed for the operation of the interchange. Caltrans will dispose of this excess right-of-way and, in accordance with the RAA, is entitled to be reimbursed for their right-of-way services. Costs are not estimated to exceed $200,000.
Present Situation
On January 1, 2015, the City entered into an agreement with SJCOG to allow the City to use the Measure K fund savings realized from the utility relocation phase of the project to fund Caltrans’ right-of-way activities. No General Funds will be used to reimburse Caltrans’ staff for their right-of-way services.
Caltrans will use the funds to either sell certain parcels on the open market if feasible, or abandon or dedicate parcels to adjacent property owners. The RAA from December 2013 must be amended to add the required funding to allow the City to reimburse Caltrans a not to exceed amount of $200,000.
Staff recommends Council approve a motion authorizing the City Manager to execute the RAA (Attachment B). The past procedure for fully executing the Cooperative Agreement and amended agreements is for the City Manager to sign the amendment first, and Caltrans subsequently then fully executes the entire agreement.
FINANCIAL SUMMARY
The French Camp Road/I-5 Interchange Reconstruction project (PW9945) has an unencumbered balance of $580,000. There are sufficient funds in the project to execute the RAA with Caltrans for the right-of-way relinquishment in the amount not to exceed $200,000. The remaining Measure K funds will be expended on staff costs or returned to SJCOG Regional Arterial program for reprogramming to future City projects.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Restatement and Affirmation Agreement