Agenda Item B.7
PMS CONSENT CALENDAR
Meeting Date: February 21, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Gerald Comati, Contract Project Manager
SUBJECT: Amendment No. 1 to Construction Cooperative Agreement with the State of California Department of Transportation for the Ekwill Street and Fowler Road Extensions Project (CIP #9002)
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 1 to the Construction Cooperative Agreement No. 05-0374 with the State of California Department of Transportation for the Ekwill Street and Fowler Road Extensions Project.
BACKGROUND:
The Hollister Avenue portion of the Ekwill Street and Fowler Road Extension Project (Ekwill-Fowler Project ) limits are within the State of California Department of Transportation (Caltrans) jurisdiction . A construction phase Cooperative Agreement is required for the City of Goleta (City) to be able to receive the State Transportation Improvement Program (STIP) funding assigned to the construction phase of the project and to be able to secure an encroachment permit from Caltrans. The Cooperative Agreement id entifies and assigns the responsible parties for all obligations and responsibilities to complete the project’s construction phase. The Cooperative Agreement expires after the Project’s Notice of Completion.
In November 2020, the City Council authorized approval of the construction phase Cooperative Agreement with Caltrans and in March 2021 the agreement was fully executed.
DISCUSSION:
Caltrans has prepared Amendment No. 1 to the construction phase Cooperative Agreement to correct the State Route 217 post miles referenced in the original agreement and to replace the funding summary referenced in the agreement to add $3,198,000 of local (City) funds. This City funding commitment is below the actual City funding commitment for the construction phase of the project and merely represents a historic funding commitment established at the inception of the project, prior to City incorporation.
The original cooperative agreement erroneously omitted the local funding number. 1 Meeting Date: February 21, 2023
Public Works staff have reviewed the terms of Amendment No. 1 to the construction phase Cooperative Agreement with Caltrans and agrees with the language of the agreement. Staff recommends that the City Council approve and a uthorize the City Manager to execute Amendment No. 1 to the construction phase Cooperative Agreement No. 05-0374 with Caltrans for the Ekwill-Fowler Project, and authorize the City Manager, City Clerk, and City Attorney to sign Amendment No.1 on behalf of the City.
FISCAL IMPACTS:
There are no fiscal impacts associated with the execution of Amendment No. 1 to Cooperative Agreement No. 05-0374.
ALTERNATIVES:
The City Council may elect not to authorize approval of Amendment No. 1 to Cooperative Agreement No. 05-0374, in which case Caltrans will not be able to issue an Encroachment Permit to the City and commencement of construction, currently targeted for summer of 2023, will be delayed. A delay in the award of cons truction will in turn jeopardize the assigned STIP funding for the project.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No.1 to Cooperative Agreement No. 05-0374 between the City of Goleta and the State of California Department of Transportation (Caltrans) for the Ekwill Street and Fowler Road Extensions Project
2. Agreement No. 05-0374 between the City of Goleta and the State of California Department of Transportation (Caltrans) for the Ekwill Street and Fowler Road Extensions Project
2 ATTACHMENT 1
Amendment No.1 to Cooperative Agreement No. 05-0374 between the City of Goleta and the State of California Department of Transportation (Caltrans) for the Ekwill Street and Fowler Road Extensions Project
3 05-SB-217-2.1/2.5
EA 4611U
Project ID 0500000548
Agreement 05-0374 A-1
1 AMENDMENT NO. 1 TO AGREEMENT 05-0374
This A
mendment No. 1 (AMENDMENT) to Agreement 05-0374 (A GREEMENT), executed on and effective from __________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Goleta, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
RE
CITALS
1. C ALTRANS and CITY, collectively referred to as PARTIES, entered into AGREEMENT on March 9, 2021, defining the terms and conditions for Route 217 in Goleta at Hollister Avenue between PM 1.5 and 2.5. Construct intersection improvements and extend Ekwill and Fowler Road, referred to as PROJECT.
2. The AGREEMENT established the County, Route, and PM as SB-217-1.5/2.5.
3. PARTIES now seek to update this to SB-217-2.1/2.5. To be reflected in the header as well as the Work Description and replacing Funding Summary No. 01 with Funding Summary No. 02 to add $3,198,000 of Local funds to Construction Capital.
IT IS THEREFORE MUTUALLY AGREED:
1. Work Description in the AGREEMENT is replaced in its entirety to read as follows:
ON ROUTE 217 IN GOLETA AT HOLLISTER AVENUE BETWEEN PM 2.1 AND
2.5. CONSTRUCT INTERSECTION IMPROVEMENTS AND EXTEND EKWILL
AND FOWLER ROAD
2. Article 2 in the AGREEMENT is replaced in its entirety to read as follows:
For the purpose of the AGREEMENT, on Route 217 in Goleta at Hollister Avenue between PM 2.1 and 2.5. Construct intersection improvements and extend Ekwill and Fowler Road will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (e.g. Project Study Repost, Permit Engineering Evaluation Report, or Project Report). 4 05-SB-217-2.1/2.5
EA 4611U
Project ID 0500000548
Agreement 05-0374 A-1
2 3. A revised FUNDING SUMMARY is attached and made part of the AGREEMENT. Any reference to the FUNDING SUMMARY in the AGREEMENT is deemed to refer to the revised FUNDING SUMMARY attached herein.
4. All other terms and conditions of the AGREEMENT shall remain in full force and effect.
5. This AMENDMENT is deemed to be included and made a part of the AGREEMENT.
5 05-SB-217-2.1/2.5
EA 4611U
Project ID 0500000548
Agreement 05-0374 A-1
3 CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Meg Henry, Project Manager
50 Higuera Street
San Luis Obispo, CA 93401
Office Phone: (805) 441-3792
Email: [email protected]
CITY OF GOLETA
Nina Buelna, Assistant Public Works Director
130 Cremona Drive, Suite B
Goleta, CA 93117
Office Phone: 805-961-7561
Email: [email protected]
6 05-SB-217-2.1/2.5
EA 4611U
Project ID 0500000548
Agreement 05-0374 A-1
4 SIGNATURES
PARTIES are authorized to enter into this AMENDMENT and have delegated to the undersigned the authority to execute this AMENDMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AMENDMENT. By signing below, the PARTIES each expressly agree to execute this AMENDMENT electronically.
The PARTIES acknowledge that executed copies of this AMENDMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: ______________________________
TIMOTHY M. GUBBINS
District Director
VERIFIED OF FUNDS & AUTHORITY:
By: ______________________________
Cheryl Berry
District Budget Manager
CERTIFIED AS TO FINANCIAL
TERMS & POLICIES:
By: ______________________________
Nadine Karavan
HQ Accounting Supervisor
CITY OF GOLETA
By: ______________________________
Robert Nisbet
City Manager
Attest: ____________________________
Debra Lopez
City Clerk
APROVED AS TO FORM &
PROCEDURE:
By:______________________________
Megan Garibaldi
City Attorney
7 05-SB-217-2.1/2.5
EA 4611U
Project ID 0500000548
Agreement 05-0374 A-1
Project Development Agreement 2017-02-17 (Created November 30, 2022) 5 FUNDING SUMMARY NO. 02
FUNDING TABLE v. 2
IMPLEMENTING AGENCY CITY
Totals Source Party Fund Type
CONST.
SUPPORT
CONST.
CAPITAL
STATE CITY STIP/RIP 0 11,372,000 11,372,000
LOCAL CITY Local 0 3,198,000 3,198,000
Totals 0 14,570,000 14,570,000
8 FUNDING SUMMARY No. 02 Agreement 05-0374 A1 Project No. 0500000548
EA 4611U
05-SB-217-2.1/2.5
Project Development Agreement 2017-02-17 (Created November 30, 2022) 6 SPENDING SUMMARY
v 21
CONST. SUPPORT CONST.
CAPITAL
Fund Type CALTRANS CITY CITY Totals
STIP/RIP 0 0 11,372,000 11,372,000
Local 0 0 3,198,000 3,198,000
Totals 0 0 14,570,000 14,570,000
9 FUNDING SUMMARY No. 02
Agreement 05-0374 A1
Project No. 0500000548
EA 4611U
05-SB-217-2.1/2.5
7 Funding
1. If there are insufficient funds available in this AGREEMENT to place the PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTIES amend this AGREEMENT.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process.
2. If there are insufficient funds in this AGREEMENT to implement the obligations and responsibilities of this AGREEMENT, including the applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, and/or approvals that are in effect at a time that WORK stops, each PARTY accepts responsibility to fund their respective WORK until such time as PARTIES amend this AGREEMENT.
Each PARTY may request reimbursement for these costs during the amendment process.
3. The cost of any engineering support performed by CALTRANS includes all direct and applicable indirect costs. CALTRANS calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds administered by CALTRANS are subject to the current Program Functional Rate. All other funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and Administration Rate are adjusted periodically.
In accordance with California Senate Bill 848, the Administration Rate is capped at 10 percent until January 1, 2023, for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.
4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS reimbursement of indirect costs must submit an indirect cost rate proposal and central service cost allocation plan (if any) in accordance with Local Assistance Procedures Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually to CALTRANS’ Audits and Investigations for review and acceptance prior to CALTRANS’ reimbursement of indirect costs.
10 FUNDING SUMMARY No. 02
Agreement 05-0374 A1
Project No. 0500000548
EA 4611U
05-SB-217-2.1/2.5
8 5. Travel, per diem, and third-party contract reimbursements for WORK are to be paid from the funds in this AGREEMENT only after the contractor performs the work and incurs said costs.
Payments for travel and per diem will not exceed the rates paid rank and file state employees under current California Department of Human Resources (CalHR) rules current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and reimburse CALTRANS for any overpayment.
6. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that that will change the federal share of funds.
7. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the funding guidelines for all contributed funds that are programmed and allocated by the CTC.
Invoicing and Payment
8. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.
9. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
10. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.
11 FUNDING SUMMARY No. 02
Agreement 05-0374 A1
Project No. 0500000548
EA 4611U
05-SB-217-2.1/2.5
9 11. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM.
12. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY will reimburse those funds.
CONSTRUC
TION Support
13. No invoicing or reimbursement will occur for the CONSTRUCTION Support COMPONENT.
CONSTRUCTION Capital
14. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
12 ATTACHMENT 2
Agreement No. 05-0374 between the City of Goleta and the State of California Department of Transportation (Caltrans) for the Ekwill Street and Fowler Road Extensions Project
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