Agenda Item A.4 CPMS CONSENT CALENDAR
Meeting Date: October 21, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Public Works Director
PREPARED BY: Sarah Fox, Public Works Business and Administration Manager SUBJECT: Amendments to Professional Services Agreements with Union Pacific Railroad for the San Jose Creek Multipurpose Path Project (CIP No. 9006) and with MNS Engineers, Inc. for the 2025 Arterial Pavement Project
RECOMMENDATION:
A. Authorize the City Manager to execute a Supplemental Agreement to Agreement DOT 97500C, Pedestrian Bike Trail MP 359.679, Santa Barbara Subdivision Goleta, California - URR REMS Project 800420 with Union Pacific Railroad for engineering services for the San Jose Creek Multipurpose Path , increasing the agreement amount by $71,000 for a total not-to-exceed amount of $115,000; and B. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2025- 046 with MNS Engineers, Inc. for Professional Services for the 2025 Arterial Pavement Project, increasing the agreement amount by $295,052.50 for a total not-to-exceed amount of $944,732.50 with a termination date of June 30, 2026.
BACKGROUND:
Public Works staff has engaged private consultants to perform a variety of professional services for the City since its incorporation in 2002. Public Works selected and executed agreements with the following consultants from the City’s approved pre-qualified consultant list, approved by City Council on January 17, 2023, or through a request for proposal to provide various professional services for the Public Works Department. The information below summarizes the services provided by each consultant, proposed amendments and agreements, justification, and recommended actions.
DISCUSSION:
Union Pacific Railroad
In June 2018, the City entered into an agreement with Union Pacific Railroad (UPRR) to provide engineering services, including design reviews and coordination, for the San Jose 1 Meeting Date: October 21, 2025
Creek Multipurpose Path Project. Since that time, City staff has been working closely with UPRR to advance the project. In April 2025, the agreement was amended to increase the original budget from $25,000 to a not -to-exceed amount of $44,000. This amendment allowed UPRR to continue performing design reviews and coordination with staff.
This second amendment to the agreement will update the Supplemental Agreement with UPRR, modifying the scope of work to include additional design tasks. Specifically, UPRR will design a deck closure and a modified walkway on its existing bridge to accommodate the multipurpose path. This work is a key step in establishing the undercrossing connection for the multipurpose path beneath the Union Pacific Railroad tracks. The amendment will also provide additional funding to support ongoing engineering review services necessary for obtaining final design approval and to prepare the Construction and Maintenance Agreement required for project implementation.
MNS Engineers, Inc.
On June 17, 2025, the City Council approved a Professional Design Services Agreement with MNS Engineers, Inc. for a not-to-exceed amount of $649,680 .00 to perform construction management services for the 2025 Arterial Pavement Project.
Amendment No. 1 to this agreement will increase the contract authority by $295,052.50, resulting in a new not-to-exceed amount of $944,732.50 for continued and additional tasks, including additional construction management, inspection, material testing, public outreach, and coordination and support for arborists and biologists . The increase is necessary to ac commodate inspection and oversight for the alternate streets that were added to the project, as well as additional work associated with change orders.
FISCAL IMPACTS:
No new appropriations are being recommended. These amendments are funded by various accounts listed in Table 1 below.
Table 1 – Estimated Costs and Funding for Amendments
Vendor Project Component Estimated
Total Costs
Funding Source Funding
Amounts
UPRR Engineering and
design services for
the San Jose Creek
Multipurpose Path
$71,000 610-90-9006-57071 $71,000
MNS Construction
Management
Services for the
2025 Arterial
Pavement Project
$295,052.50 101-50-5800-51073 $295,052.50
2 Meeting Date: October 21, 2025
Table 2 – San Jose Creek Multipurpose Path Project Cost Estimates
Project Components Estimated
Costs Funding Source Funding
Amounts
Conceptual Design $1,837,267* TDA (202) $262,062 Environmental $978,007* Measure A (205) $4,007,157 Final Design $4,511,983 Measure A (206) $1,038,378 Land Acquisition $1,119,000 DIF (Transportation 220) $4,801,571 Construction $40,860,741 DIF (Bicycle and Pedestrian 235) $272,204
RSTP grant (305) $30,689
ATP Grant - State (318) $2,669,000
Housing and Community
Development (HCD) (319) $729,866
TCSP – Federal (407) $76,510
ATP Grant – Federal (418) $15,290,000
Redevelopment Project
Fund (601)
$24,829
Sales Tax Revenue Bond
Proceeds (610) $16,270,203
Local Funding Sources To-
be-Determined (Pending
$11,157,330 RCP Grant)
$3,834,529**
Total: $49,306,998 Total: $49,306,998
*Actual Costs to date
**If the RCP Grant is awarded, the project budget will be adjusted accordingly. This would allow the City to reallocate a portion of the Sales Tax Revenue Bond proceeds currently programmed for this project to other eligible capital projects.
Table 3 – 2025 Arterial Pavement Project Cost Estimate
Project Components Project Costs
Funding Source Funding
Amounts
Design (Consultant)* $218,577.43
General Fund (101) $9,067,439.15
Construction (Base Bid &
Alternates)
$9,238,401.00
Gas Tax (201) $1,110,202.00
Construction Contingency $1,427,333.00 RMRA (203) $1,233,602.69 Construction Management
(Consultant)
$944,732.50 Measure A (205) $430,220.27
Staff Time $166,291.00 LSTP (306) $153,870.82
Total: $11,995,334.93 Total: $11,995,334.93
*Previously expended
3 Meeting Date: October 21, 2025
ALTERNATIVES:
The City Council can elect not to approve the amendments and agreements discussed herein; however, this would result in significant delays to the initiation and completion of the work associated with the capital improvement projects.
LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. UPRR Supplemental Agreement Project No. 800420
2. UPRR Original Agreement dated 6/26/2018 for Project No. 800420 and Supplemental Agreement dated 4/29/2025 for Project No. 800420
3. Amendment No. 1 to Professional Design Services Agreement 2025 -046 with MNS Engineers, Inc.
4. Professional Design Services Agreement 2025-046 with MNS Engineers, Inc.
4 ATTACHMENT 1
UPRR Supplemental Agreement for Project No. 800420
5
UPRR REMS
Project 800420
SUPPLEM
ENTAL AGREEMENT
DOT 975200C
MP 359.679, Santa Barbara Subdivision
Goleta, California
THIS SUPPLEM
ENTAL AGREEMENT (the “Supplement”) is made as of
, by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation (“Railroad”) and the CITY OF GOLETA, CALIFORNIA (“Agency”), to be addressed at 130 Cremona Drive, Goleta, CA 93117.
RECITAL
S
By ins
trument dated June 26, 2018, Union Pacific Railroad Company and the Agency entered into an agreement for engineering services identified by the UPRR Project Number 800420 (the “Agreement”).
The Agency has
requested a Supplemental Agreement to include change of scope and an addendum for additional funding for engineering services as shown on the Exhibit Addendum attached hereto.
AGREEMENT
NOW,
THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
SECTION 1
- AMENDMENT OF THE AGREEMENT
Railr
oad amends the Agreement to include the attached Exhibit Addendum.
The Agree
ment is amended to include an Estimate to cover additional engineering services in the amount of Seventy-One Thousand Dollars ($71,000.00) as shown on the Exhibit Addendum, attached hereto and hereby made a part thereof to the Agreement, which shall be, and hereby is amended to include the attached Exhibit Addendum. 6
SECTION 2 - SCOPE OF WORK
The Agreem
ent is amended to include changes to scope of work. Railroad work includes continued PP management, structures review. New scope includes Railroad design efforts for bridge tie blocking and walkway.
SECTION 3
- EFFECTIVE DATE
This Supp
lemental Agreement shall be effective as of the instrument date above.
SECTION 4
- AGREEMENT SUPPLEMENTAL
This agree
ment is supplemental to the Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided.
IN WIT
NESS WHEREOF, the parties hereto have caused this Supplement to be executed in duplicate as of the date first herein written.
CITY OF GOLETA, CALIFORNIA
Signature
Robert Nisbet
Printed Name
City Manager
Title
Date
UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature
Kenneth Tom
Printed Name
Manager I, Industry & Public Projects
Title
Date
7 Exhibit Addendum
To Agreement
Railroad’s Estimate
8 DATE:
9/3/2025
LOCATION:
DOT 975200C
DESCRIPTION Unit LABOR MATERIAL TOTAL
ENGINEERING
Preliminary Engineering / Project Management 1.0 45,000.00$ -$ 45,000$ UPRR Design 1.0 20,000.00$ -$ 20,000$ Contingency 1.0 6,000.00$ -$ 6,000$ TOTAL PROJECT: 71,000.00$ -$ 71,000$ TOTAL ESTIMATED COST: $71,000
COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
Flagging may be performed by a third-party contractor. Any flagging performed by a third-party contractor will be billed at said third-party contractor rate not included in the above estimate. Alternatively, the Agency may enter into a separate agreement with third-party contractor and will be responsible for all actual costs incurred.
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes railroad flagging services, project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF
MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL - $ 6,000.00$
100%0%
EXHIBIT C-1
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. 45,000.00$
20,000.00$
71,000.00$
- $
- $
- $
SUBDIVISION / MILEPOST:
Santa Barbara Sub, MP 359.679
UNION PACIFIC RAILROAD COMPANY
BY THE
ESTIMATE OF FORCE ACCOUNT WORK
UP Agency
9 ATTACHMENT 2
UPRR Original Agreement dated 6/26/2018 for Project No. 800420 and Supplemental Agreement dated 4/29/2025 for Project No. 800420
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12 13
14 15
16
SUPPLEMENTAL AGREEMENT
DOT 975200C, Pedestrian-Bike Trail
MP 359.679, Santa Barbara Subdivision
Goleta, California
UPRR REMS
Project 800420
THIS SUPPLEMENTAL AGREEMENT (the “Supplement”) is made as of , by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation (“Railroad”) and the CITY OF GOLETA CALIFORNIA (“Agency”), to be addressed at 130 Cremona Drive, Goleta, California 93117.
RECITALS
By instrument dated June 26, 2018, Union Pacific Railroad Company and the Agency entered into an agreement for engineering services identified by the UPRR Project number above (the “Agreement”).
The Agency has requested a Supplemental Agreement to include an addendum for additional funding for engineering services as shown on the Exhibit Addendum attached hereto.
AGREEMENT
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
SECTION 1 - AMENDMENT OF THE AGREEMENT
Railroad amends the Agreement to include the attached Exhibit Addendum.
The Agreement is amended to include an Estimate to cover additional engineering services in the amount of Nineteen Thousand Dollars ($19,000.00) as shown on the Exhibit Addendum, attached hereto and hereby made a part thereof to the Agreement, which shall be, and hereby is amended to include the attached Exhibit Addendum.
SECTION 2 - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of the instrument date above.
Docusign Envelope ID: B61315FC-160B-4E5C-A673-5AAC5224826F Docusign Envelope ID: 0283DA3D-414C-4486-BD49-811190097E65 4/29/2025
17 SECTION 3 - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be executed in duplicate as of the date first herein written. [Signature Page Follows]
Docusign Envelope ID: B61315FC-160B-4E5C-A673-5AAC5224826F Docusign Envelope ID: 0283DA3D-414C-4486-BD49-811190097E65 18 CITY OF GOLETA, CALIFORNIA
Signature
Printed Name
Title
Date
UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature
Kenneth Tom
Printed Name
Manager I, Industry & Public Projects
Title
Date
Robert Nisbet
City Manager
Docusign Envelope ID: B61315FC-160B-4E5C-A673-5AAC5224826F 4/28/2025
Docusign Envelope ID: 0283DA3D-414C-4486-BD49-811190097E65 4/29/2025
19 Exhibit Addendum
To Agreement
Railroad’s Estimate
Docusign Envelope ID: B61315FC-160B-4E5C-A673-5AAC5224826F Docusign Envelope ID: 0283DA3D-414C-4486-BD49-811190097E65 20 SUBDIVISION STATE: LOCATION:
Santa Barbara Sub CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
$ 19,000.00 - $ - $
$ 19,000.00
$ 19,000.00
TOTAL PROJECT: $ 19,000.00 - - $ $
TOTAL ESTIMATED COST:
Flagging is NOT included in this estimate. Agency's are instructed to follow Union Pacific's Third Party Flagging Policy.
Please utilize the following link to Union Pacific's Third Party Flagging Policy:
https://www.up.com/real_estate/third-party-flagging/index.htm COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
ENGINEERING Preliminary
Engineering/Project Management
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF
MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL **Digital Observation (*If Required*) = This will be assessed when determined to be required by UPRR**
ESTIMATE OF FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.
EXHIBIT C-1
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. 1 DOT 975200C, MP 359.679
$ 19,000.00
$ 19,000.00
$ 19,000.00
_________
DATE:
02/17/2025
Docusign Envelope ID: B61315FC-160B-4E5C-A673-5AAC5224826F Docusign Envelope ID: 0283DA3D-414C-4486-BD49-811190097E65 21 ATTACHMENT 3
Amendment No. 1 to Professional Design Services Agreement 2025-046 with MNS Engineers, Inc.
22 City of Goleta
Amendment No. 1 to Agreement No. 2025-046
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and MNS ENGINEERS, INC (“Consultant”) dated June 17, 2025 (“Agreement,” Agreement No. 2025-046) is made on this ____ day of ___, 20___.
SECTION A. RECITALS
1. This Agreement is for the professional construction management services for the 2025 Arterial Pavement Project; and
2. The Agreement currently provides for the total compensation amount not to exceed $649,680.00; and
3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $295,052.50 for continued tasks; and
4. The Agreement currently provides in Section 8 entitled “Personal Services/No Assignment/Subcontractor the key member of Consultant’s firm and that the agreement may not be assigned or subcontracted without the City Manager’s written consent; and
5. The parties desire to amend Section 8 of the Agreement to identify the new key member of Consultant’s firm and list subcontractors; and
6. City Council approved this Amendment No. 1, on this ___ day of _______, 2025.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $295,052.50 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT
Docusign Envelope ID: A05870EB-6FAD-47F3-9E0B-2CCB926471EC 23 City of Goleta
Amendment No. 1 to Agreement No. 2025-046
SHALL NOT EXCEED the sum of nine hundred forty-four thousand seven hundred and thirty-two dollars and fifty cents ($944,732.50) (herein "not-to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2026, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. Section 8. PERSONAL SERVICES / NO ASSIGNMENT/ SUBCONTRACTOR of the Agreement is amended to read in its entirety:
This AGREEMENT is for professional services which are personal to CITY.
Taylor Merlo is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior writte n consent, except with respect to the following contractors:
x NV5, Inc., Ed Sullivan, (805) 732-3168
x KMP Strategies, LLC, Sarah Modeste, (916) 548-1982
x PAX Environmental, Inc., Colleen Del Vecchio, (860) 803-6072 CONSULTANT shall require all subcontractors to secure insurance in accordance with Section 10, and provide to CITY all certificates and endorsements to CITY’s satisfaction before a subcontractor provides any services.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
Docusign Envelope ID: A05870EB-6FAD-47F3-9E0B-2CCB926471EC 24 City of Goleta
Amendment No. 1 to Agreement No. 2025-046
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________
Robert Nisbet, City Manager
_____________________________
Greg Chelini, P.E., Vice President
A T T E S T :
_____________________________ ______________________________ Deborah Lopez, City Clerk Miranda Patton, P.E., Secretary APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
____________________________
Scott Shapses,Deputy City Attorney
Docusign Envelope ID: A05870EB-6FAD-47F3-9E0B-2CCB926471EC 25 ATTACHMENT 4
Professional Design Services Agreement 2025-046 with MNS Engineers, Inc.
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