Approve first amendment to Agreement No. 21-148 with Monument ROW, Inc. to extend the term of the agreement for four years through June 28, 2028 for the County Road 98 Bike and Safety Improvement Project, Phase II. (No general fund impact) (Lindbo/Razo)

Approval of the attached agreement amendment (Attachment 1) will allow Monument ROW, Inc. to complete necessary right of way acquisitions for the CR 98 Bike and Safety Improvement Project, Phase II (“Project”). 

The project will extend the improvements completed in 2014 between Woodland and County Road 29 southward to the Solano County line.  The Project has received federal transportation funding for preliminary engineering and project development, right of way and construction through the Sacramento Council of Governments (SACOG) in the amounts of $2,364,782, $4,180,00, and $8,725,000, respectively.

On June 29, 2021, the Board of Supervisors approved an agreement with Monument ROW, Inc. (Agreement No. 21-148), to provide right of way appraisals, right of way acquisition and title/escrow coordination services for the Project for a total amount of $256,516.83 through June 28, 2024.  Since then, all the appraisal reports have been completed and all offer packages have been delivered to property owners. 

However, the right of way acquisition for the CR 98 project has been more complicated than other projects due to the number of parcels being acquired and the existing farmland conservation easements along the project.  For example, since the farmland conservation easements were purchased with Natural Resources Conservation Service (NRCS) funds, NRCS holds an interest in the easements, which restricts the method in which compensation for adjustment to the Farmland Conservation easement can occur.  Staff is working with Yolo Land Trust to find a solution to satisfy all NRCS requirements for properties with such conservation easements. Additionally, the acquisitions are taking longer than initially anticipated to address property owner concerns along portions of the Project.  These issues have delayed the right of way acquisitions and a four-year extension of the Monument agreement through June 28, 2028 is required for completion of the service.  No increase to the maximum compensation is required.

The Board of Supervisors previously adopted the Initial Study/Mitigated Negative Declaration (IS/MND) on April 26, 2022, as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA). On November 7, 2022, Caltrans concluded that a Categorical Exclusion was the appropriate determination for the project under the National Environmental Policy Act (NEPA).  Both documents determine mitigation responsibilities for the Project have been adopted and approved to move the project forward and comply with project mitigation requirements.

The Department confirms Monument ROW, Inc., has performed satisfactorily on the current agreement.

County Counsel has approved the agreement amendment as to form.

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