04-NAP-121-7.2/7.4
EA 0J890
Project ID 0414000097
Agreement 04-2912 A-1
1 AMENDMENT NO. 1 TO AGREEMENT 04-2912
This Amendment No. 1 (AMENDMENT) to Agreement 04-2912 (AGREEMENT), executed on and effective from , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and :
City of Napa, a chartered city of the State of California, referred to hereinafter as CITY.
RECITALS
1. CALTRANS and CITY, collectively referred to as PARTIES, entered into AGREEMENT on August 28, 2023, defining the terms and conditions for improvements to the intersection of Silverado Trail (SR121)/East Avenue/Third Street/Coombsville Road to reduce congestion and improve safety and operations for motorists, bicyclists and pedestrians, referred to as PROJECT.
2. The AGREEMENT established PA&ED funding in the amounts of $420,000 (SHOPP) and $2,850,000 (Local). In addition, the AGREEEMENT established PS&E funding in the amounts of $510,000 (SHOPP) and $2,000,000 (Local). PA&ED spending was established as CALTRANS spending $420,000 in SHOPP funds and CITY spending $2,850,000 in Local funds. PS&E spending was established as CALTRANS spending $510,000 in SHOPP funds and CITY spending $2,000,000 in Local funds. Additionally, PARTIES established co- sponsorship responsibilities, with the PA&ED phase split 13% for CALTRANS and 87% for CITY; and PS&E phase split 20% for CALTRANS and 80% for CITY.
3. PARTIES now seek to amend the funding amounts for this project. The updated PA&ED funding will be $420,000 (SHOPP) and $4,098,000 (Local). The updated PS&E funding will be $3,510,000 (Local). The updated PA&ED spending will be CALTRANS spending $420,000 in SHOPP and CITY s pending 4,098,000 in Local funds. The updated PS&E spending will be CALTRANS spending $250,000 in Local funds and CITY spending $3,260,000 in Local funds. Additionally, PARTIES seek to adjust the co-sponsorship responsibilities, with the PA&ED phase split 9% for CALTRANS and 91% for CITY; and the CITY being the sole (100%) Sponsor for the PS&E phase.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 9 is replaced in its entirety to read as follows:
EXHIBIT A
04-NAP-121-7.2/7.4
EA 0J890
Project ID 0414000097
Agreement 04-2912 A-1
2 CALTRANS and CITY will co -SPONSOR the WORK included in this AGREEMENT in the following percentages:
PROJECT COMPONENT CALTRANS CITY
PROJECT APPROVAL & ENVIRONMENTAL DOCUMENT 9% 91%
PLANS, SPECIFICATIONS, AND ESTIMATE 0% 100%
2. A revised Reimbursement Summary No. 02 is attached and made part of the AGREEMENT. Any reference to the Reimbursement Summary in the AGREEMENT is deemed to refer to the revised Reimbursement Summary No. 02 attached herein.
3. All other terms and conditions of the AGREEMENT shall remain in full force and effect.
4. This AMENDMENT is deemed to be included and made a part of the AGREEMENT.
EXHIBIT A
04-NAP-121-7.2/7.4
EA 0J890
Project ID 0414000097
Agreement 04-2912 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 A GREEMENT.
CITY OF NAPA
Jessica Lowe, Public Works Director
P.O. Box 660
Napa, CA 94559
Office Phone: (707) 257-9634
Email: [email protected]
CALTRANS
Amani Meligy, Regional Project Manager
111 Grand Avenue
Oakland, CA 94612
Office Phone: (510) 715-8393
Email: [email protected]
EXHIBIT A
04-NAP-121-7.2/7.4
EA 0J890
Project ID 0414000097
Agreement 04-2912 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: ______________________________
Rui (Ricky) Gao
Acting Deputy District Director, PPM
VERIFIED OF FUNDS & AUTHORITY:
By: ______________________________
Jeffrey Kuehnel
District Budget Manager
CERTIFIED AS TO FINANCIAL
TERMS & POLICIES:
By: ______________________________
HQ Accounting Supervisor
CITY OF NAPA
By: ______________________________
Jessica Lowe
Director of Public Works
Attest: ____________________________
Erika Leahy
Risk Manager
By:______________________________
Christopher J. Diaz
Interim City Attorney
EXHIBIT A
Agreement No. 04 -2912 A-1
Project No.: 0414000097
EA: 04-0J890
04-NAP-121-7.2/7.4
Agreement No. 04 -2912 | 04 -NAP-121 | EA: 04 -0J890
Page | 5
FUNDING SUMMARY
FUNDING TABLE
IMPLEMENTING AGENCY: CITY CITY
Source Party Fund Type PA&ED PS&E Totals
ST A TE CAL TRANS SHOPP 420,000 0 420,000
LOCAL CITY Local 4,098,000 3,510,000 7,608,000
Totals 4,518,000 3,510,000 8,028,000
EXHIBIT A
Agreement No. 04 -2912 A-1
Project No.: 0414000097
EA: 04-0J890
04-NAP-121-7.2/7.4
Agreement No. 04 -2912 | 04 -NAP-121 | EA: 04 -0J890
Page | 6
SPENDING TABLE
PA&ED PS&E
Fund Type CALTRANS CITY CALTRANS CITY Totals
SHOPP 420,000 0 0 0 420,000
Local 0 4,098,000 250,000 3,260,000 7,608,000
Totals 420,000 4,098,000 250,000 3,260,000 8,028,000
EXHIBIT A
Agreement No. 04 -2912 A-1
Project No.: 0414000097
EA: 04-0J890
04-NAP-121-7.2/7.4
Agreement No. 04 -2912 | 04 -NAP-121 | EA: 04 -0J890
Page | 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 law, the Administration Rate is capped at 10 percent for Self-Help Counties with a countywide sales tax measure dedicated to transportation improvements.
EXHIBIT A
Agreement No. 04 -2912 A-1
Project No.: 0414000097
EA: 04-0J890
04-NAP-121-7.2/7.4
Agreement No. 04 -2912 | 04 -NAP-121 | EA: 04 -0J890
Page | 8
4. 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 will change the federal share of funds.
5. 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.
6. SHOPP funds can only be expended on SHOPP -eligible items and work.
Invoicing and Payment
7. PARTIES will invoice for funds where the SPENDING TABLE 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.
8. 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.
9. 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.
Project Approval and Environmental Document (PA&ED)
10. No invoicing or reimbursement will occur for the PA&ED& PROJECT COMPONENT.
Plans, Specifications, and Estimate (PS&E)
11. CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid.
EXHIBIT A