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Construction Cooperative Agreement with the State of California Department of Transportation for Local Improvements

Goleta City Council
October 3, 2023

Document
Construction Cooperative Agreement with the State of California Department of Transportation for Local Improvements
Meeting
October 3, 2023
Body
Goleta City Council
Pages
4
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on goleta.legistar1.com. That file is the official record.

Agenda Item C.2

CPMS DISCUSSION/ACTION ITEM
Meeting Date: October 3, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Engineer
SUBJECT: Construction Cooperative Agreement with the State of California Department of Transportation for Local Improvements related to the San Jose Creek Multipurpose Path – Northern and Southern Segments Project Box Culvert Under State Route 217
RECOMMENDATION:

A. Approve and authorize the City Manager to enter into a Project Construction Cooperative Agreement with the State of California Department of Transportation (Caltrans) for Local Improvements related to the San Jose Creek Multipurpose Path – Northern and Southern Segments Project Box Culvert Under S tate Route 217; and
B. Authorize a budget appropriation of $1,500,000 from Measure A fund balanc e to account no. 205-90-9006-57071.

BACKGROUND:

The San Jose Creek Multipurpose Path – Northern and Southern Segments Project (Project) (Capital Improvement Program Project No. 9006 ), an Active Transportation Program (ATP) project, will construct a multip urpose path adjacent to San Jose Creek connecting areas north of U.S. Route 101 with the Class I Atascadero Creek Bikeway (Obern Trail) east of State Route (SR) 217. The purpose of the Project is to close the multipurpose path gap in the regional active tr ansportation network. The Project will provide a direct and continuous route for bicyclists and pedestrians from north of Calle Real to commercial and residential areas within Goleta Old Town and to the existing Class I Atascadero Creek Bikeway providing a ccess to Goleta Beach Park, the University of California Santa Barbara (UCSB) and to the City of Santa Barbara. The southernmost 1500 linear feet of the project falls within the County of Santa Barbara ’s jurisdiction.

The City of Goleta (City) was awarded approximately $18 million in ATP grant funding at the California Transportation Commission meeting on January 30, 2019. The construction phase ATP funding consists of federal funds. 1 Meeting Date: October 3, 2023

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Both the Northern and Southern Segments of the Project encroach into State right -of- way. The Northern Segment crosses Caltrans right-of-way at U.S. 101 and the Southern Segment encroaches into Caltrans right-of-way along SR 217 and crosses underneath SR 217 just north of the freeway bridge over San Jose Creek.

According to California law, the State of California Department of Transportation (Caltrans) is the agency assigned to plan, design, construct, operate, and maintain the State Highway System. Whenever there is an exchange of effort, funding, or materials between Caltrans and a public entity regarding the planning, design, or construction of an improvement or facility on the State Highway System, a cooperative agreement is required. The City has already entered into two Cooperative Agreements with Caltrans for the San Jose Creek Multipurpose Path Project. One was for the preliminary engineering/environmental phase and the second was for the final design and right -of-way phase. The design phase of the Project is nearly complete and a cooperative agreement for the next phase (construction) is required.

Caltrans has a construction project to replace the SR 217 bridge over San Jose Creek which overlaps with improvements proposed for the San Jose Creek Multipurpose Path Project. Caltrans has recently begun construction on the bridge replacement project.

Throughout the early phases of the Project, Public Works staff worked very closely with Caltrans coordinating with the SR 217 Bridge Replacement Project. The original intent was to have Caltrans construct the portions of the Project which fell within the footprint of the Bridge Replacement Project as part of their project. To construct the two projects together, Caltrans would need to delay the construction of the bridge project by approximately 12 months. In late 2021, Caltrans determined that they could no longer delay the construction of the replacement of the SR 217 bridge due to the poo r condition of the structure and the progression of the alkali -silica reaction (ASR) aggregate in the bridge deck and soffit. The Project and Bridge Replacement Project were separated.

DISCUSSION:

Over the past year Public Works staff has been working wi th Caltrans to add a portion of the Project construction back into the Bridge Replacement Project construction as a construction change order (CCO). The CCO work would include the construction of the multipurpose path under SR 217 bridge. Caltrans has not confirmed approval of the CCO but it has been discussed with the bridge construction project team and the team has been strategizing on how best to proceed with the CCO and the timing of the work .

As a first step Caltrans requires the execution of a cooperative agreement with the City to perform the construction work.

Caltrans will administer the construction contract for the proposed Project improvements as part of the Caltrans SR 217 Bridge Replacement Project. The City will 2 Meeting Date: October 3, 2023

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provide Caltrans the complete and final design documents for the proposed improvements.

The Cooperative Agreement identifies and assigns the responsible parties for all obligations and responsibilities to complete the construction of the identified improvements, including all requirements related to the use of construction management support services. The Cooperative Agreement will be active until completion of the construction phase including project close out. The Cooperative Agreement includes a Closure Statement, which upon project close out will be signed by Caltrans and the City indicating that both parties agree that they have completed all scope, cost, and schedule commitments included in the agreement. The final signature on the Closure Statement terminates the agreement.

Even though the Cooperative Agreement is executed it does not guarantee that the CCO will be approved by Caltrans or that Caltrans will perform the work. In the case that the CCO work cannot be accommodated with the Bridge Replacement Project the Cooperative Agreement will be terminated and the City is not obligated to reimburse Caltrans for any work.

FISCAL IMPACTS:

The cost estimated in the Cooperative Agreement for Caltrans to perform the construction of the identified Project improvements has been estimated at $5,000,000 .

This includes the cost for Caltrans to do the construction as well as costs for Caltrans to perform all construction management duties for the work. The total amount is estimated, and actual cost will be determined by the Contractor’s provided cost for the CCO work.

Public Works staff will return to Council if additional funds are needed to cover the construction costs and funding will be identified at that tim e. Per terms of the Cooperative Agreement Caltrans will invoice the City for a deposit of $1,000,000 after execution of the Cooperative Agreement and 45 working days prior to the commencement of the CCO work.

Project Cost Estimates

The total estimated project cost for the Project is shown in Table 1:

Table 1: Estimated Project Costs

Project Components   Estimated
Costs      Funding Source   Funding
Amounts
Conceptual Design  $1,837,270   TDA (202) $27,135
Environmental  $698,750   DIF (Transportation
220)  $4,262,147
Final Design  $3,540,980   RSTP (305) (grant)  $30,689 Right-of-Way  $2,220,000   Measure A (205) $1,243,992 Construction  $21,414,864.00   Measure A (206) $438,378 3 Meeting Date: October 3, 2023

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Construction Management
and Inspection (CMT)  $3,469,910   ATP Grant (318)
$17,960,000
Construction Oversight Staff
and Consultant Time  $315,500

TBD (Other Grant)
$734,933
Unfunded  $8,800,000.00
Total:   $33,497,274      Total:    $33,497,274

It is anticipated that the CCO work (if approved by Caltrans) will be incorporated into the Caltrans Project prior to the allocation of the ATP funds. Therefore, ATP funds cannot be used for the CCO work. $182,370 in Measure A funds have previously been allocated to this project. An additional $1.5 million in Measure A funds is recommended to prepare for the required $1 million deposit and additional expenses. Public Works and Finance staff will work to d etermine funding options for the appropriation for the remainder of the $5,000,000 needed for this cooperative agreement and this recommendation will be provided to Council at a later date. The most current estimated construction costs for the Project indi cate a total funding shortfall of approximately $8. 8 million.

ALTERNATIVES:

The City Council could choose not to enter into the Cooperative Agreement with Caltrans to perform the CCO work . Doing so would result in Caltrans not including the CCO work in their current Bridge Replacement construction project and the Project improvements being constructed separately. Constructing the improvements separately would result in higher construction costs for the improvements and an extended impact on the traveling public by impacting the same area twice in succession.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Cooperative Agreement between City of Goleta and State of California Department of Transportation (Caltrans) for Local Improvements related to the San Jose Creek Multipurpose Path – Northern and Southern Segments Project (CIP No. 9006) Box Culvert Under SR 217.

4 ATTACHMENT 1

Cooperative Agreement between the City of Goleta and the California Department of Transportation (Caltrans) (Agreement 05-0430) for Local Improvements Related to the San Jose Creek Multipurpose Path Northern and Southern Segments Project 5 6
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