City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-02272 1/31/2023 Consent Item 7.
I Street Bridge Replacement and the I Street Bridge Deck Conversion Projects: Establish Capital Improvement Project for the I Street Bridge Deck Conversion Project; Approve Cooperative Agreements with West Sacramento; and Make Budgetary Adjustments File ID: 2022-02272
Location: District 4, Represented by Councilmember Valenzuela; District 4, Represented by Mayor Steinberg
Recommendation: Adopt a Resolution: 1) establishing the I Street Bridge Deck Conversion Project (T15235400) as a new Capital Improvement Project; 2) authorizing the City Manager or the City Manager’s designee to execute the cooperative agreements between the Cities of Sacramento and West Sacramento for the I Street Bridge Replacement Project (T15136000) and the I Street Bridge Deck Conversion Project (T15235400); 3) authorizing the City Manager or the City Manager’s designee to increase the expenditure budget for the I Street Deck Conversion Project (T15235400) by transferring $384,000 (New Measure A Safety, Streetscape, Pedestrian, and Bicycle, Fund 2039) from the State and Federal Grant Match Project (T15007200); 4) authorizing the City Manager or the City Manager’s designee to increase the revenue and expenditure budgets for the I Street Bridge Replacement Project (T15136000) by $1,600,000 (CIP Reimbursable Funds, Fund 3702); 5) authorizing the City Manager or the City Manager’s designee to increase the revenue and expenditure budgets for the I Street Bridge Replacement Project (T15136000) by $5,001,945 (Federal Capital Grants, Fund 3703); 6) authorizing the City Manager or the City Manager’s designee to transfer $1,000,000 (Major Street Construction, Fund 2007) from the expenditure budget in the State and Federal Grant Match Project (T15007200) to the expenditure budget of the I Street Bridge Replacement Project (T15136000); and 7) reset the City Manager’s authority to issue supplemental agreements for City Agreement No. 2014-0244.
Contact: Jesse Gothan, Supervising Engineer, (916) 808-6897, [email protected]; Ofelia Avalos, Engineering Manager, (916) 808-5054, [email protected]; Department of Public Works Presenter: None .
Attachments:
1-Description/Analysis
2-Resolution
File ID: 2022-02272 1/31/2023 Consent Item 7.
3-Cooperative Agreement - I Street Bridge Replacement 12-13-2022 4-Cooperative Agreement - Deck Conversion 12-13-2022
Additional Description/Analysis
Issue Detail: The cities of Sacramento and West Sacramento have recognized the need for more river crossings. In 2011, the Cities completed the Sacramento River Crossings Alternatives Study, which identified the purpose and need for new bridge crossings including one that would replace the I Street Bridge. The I Street Bridge is 110 years old, and its upper roadway is too narrow to serve buses, large trucks, has no bicycle facilities, and it has very narrow sidewalks. In 2014, the Cities entered into a cooperative agreement to complete the project approvals and the environmental documentation for the I Street Bridge Replacement Project. The environmental documents were completed in 2019 and the architectural concept design was completed for the new bridge in 2020.
This cooperative agreement will establish that the Cities will share the participating matching costs to complete the design and right of way acquisitions necessary to construct the bridge.
In March 2019, the City of West Sacramento completed the feasibility study for the I Street Bridge Deck Conversion Project. The study identified alternatives for the re-purposing of the upper deck once the motor vehicle traffic moves to the new bridge. The bridge is owned by Union Pacific Railroad, but the Cities have access rights to the upper deck that they will retain for a multi-use path.
These rights were established when the combination bridge was originally purchased and re- constructed by the railroad in 1911. Once the new bridge is constructed, the I Street Bridge’s upper deck will remain as a multi-use path for active transportation modes (the railroad bridge remains and is not affected by these projects). The City Council passed a resolution in support of the Deck Conversion project (Resolution 2019-0278), and West Sacramento as the lead agency, has coordinated with City staff to select an alternative that will provide access for active transportation modes to the Sacramento Valley Station and be available for bridge maintenance activities performed by the Union Pacific Railroad. The new access ramps will be constructed in sequence with the demolition of the existing viaducts. The cooperative agreement establishes that the Cities will share the participating matching costs to complete the environmental, design, and right of way acquisitions necessary to construct the conversion of the upper deck and the new approach ramps.
The City Council’s approval is needed for the cooperative agreements with West Sacramento, and the budget adjustments to proceed with these projects.
Policy Considerations: General Plan Policy M 4.1.5 states the City shall continue to work with adjacent jurisdictions to establish the appropriate responsibilities to fund, evaluate, plan, design, construct, and maintain new river crossings. This project will provide a new multimodal bridge, crossing the river between C Street in West Sacramento to Railyards Boulevard
File ID: 2022-02272 1/31/2023 Consent Item 7.
in Sacramento. Once motor vehicle traffic is transferred to the new bridge, the I Street Bridge Deck Conversion project will convert the existing upper deck of the I Street Bridge to a non-motor vehicle multiuse crossing for bikes and pedestrians.
Economic Impacts: Not applicable.
Environmental Considerations: The City Council certified an Environmental Impact Report (EIR) and adopted a Mitigation Monitoring Program for the I Street Bridge Replacement Project in compliance with CEQA on June 25, 2019 (Resolution No. 2019-0276). Following certification of the EIR, Staff filed a Notice of Determination with the Sacramento County Clerk on July 2, 2019. The current action consists of steps to implement the project that was approved and is consistent with the analysis contained in the certified EIR. No further environmental review is required. As a responsible agency, the City of West Sacramento also has permit jurisdiction or authorization over elements of the project in West Sacramento.
The I Street Bridge Replacement project is currently funded with federal funds. As a result, the proposed Project is also subject to the National Environmental Policy Act (NEPA) requirements. On June 10, 2019, Caltrans approved a Final Environmental Assessment (FEA) / Finding of No Significant Impact (FONSI) for the Project pursuant to the requirements of NEPA.
The Final Environmental Impact Report may be found online at the City’s webpage at:
https://www.cityofsacramento.org/CommunityDevelopment/Planning/Environmental/Impact-Reports General project information may be found online at the City’s webpage at:
http://www.cityofsacramento.org/public-works/engineering-services/projects/currentprojects/i-street-bridge- replacement
The I Street Deck Conversion project is undergoing environmental review and all necessary action will be taken before proceeding with any right-of-way or construction activities. The City of West Sacramento is the lead agency for the environmental review.
Sustainability: The projects are consistent with the City’s sustainability goals by focusing on improving and optimizing transportation infrastructure and encouraging walking and bicycling.
Commission/Committee Action: The I Street Bridge Replacement Project was reviewed by the Active Transportation Commission on September 17, 2020, and previously on June 29, 2019. The I Street Bridge Replacement Project’s 65% plans were presented to the Disability Advisory Commission on May 4, 2022. The I Street Bridge Deck Conversion project was presented to the Active Transportation Commission on June 20, 2019 and on August 20, 2020.
Rationale for Recommendation: Approval by the City Council is required to execute the cooperative agreements with West Sacramento, and to complete the budgetary adjustments for the I Street Bridge Replacement Project (T15136000) and the I Street Bridge Deck Conversion Project
File ID: 2022-02272 1/31/2023 Consent Item 7.
(T15235400) to complete the design.
Financial Considerations: The cost to complete the final plans, right of way acquisitions, and construction documentation for the I Street Bridge Replacement Project (T15136000) is approximately $30 million. With the approval of $5,001,945 (Federal Capital Grants, Fund 3703) and transfer $1,000,000 (Major Street Construction, Fund 2007) from the State and Federal Grant Match Project (T15007200) and $1,600,000 (CIP Reimbursable Funds, Fund 3702), there will be sufficient funding to cover all remaining costs to advertise the project. Staff will return to City Council for the construction phase funding plan.
The cost to complete the final plans for the I Street Bridge Deck Conversion Project (T15235400) is approximately $384,000. With the approval of transferring $384,000 (New Measure A Safety, Streetscape, Pedestrian, and Bicycle, Fund 2039) from the State and Federal Grant Match Project (T15007200), there will be sufficient funding to complete the final plans. Staff will return to City Council for the construction phase funding plan.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO.
Adopted by the Sacramento City Council
ESTABLISHMENT OF CAPITAL IMPROVEMENT PROJECT AND BUDGETARY
ADJUSTMENT FOR THE I STREET BRIDGE DECK CONVERSION PROJECT (T15235400) (“Deck Conversion”); BUDGETARY ADJUSTMENT FOR THE I STREET BRIDGE REPLACEMENT PROJECT (T15136000); APPROVAL OF THE
COOPERATIVE AGREEMENTS FOR THE I STREET BRIDGE REPLACEMENT PROJECT (T15136000) AND FOR THE I STREET BRIDGE DECK CONVERSION PROJECT (T15235400)
BACKGROUND
A. In 2019, the City of Sacramento approved a resolution in support of the Deck Conversion Project which envisioned continued use of the upper deck of the I Street Bridge as a multi-use path once motor vehicles move to the new bridge.
B. In 2020, the Sacramento Area Council of Governments awarded $3,239,000 to the Deck Conversion project to complete the preliminary engineering and right of way acquisitions.
C. In 2022, the California Transportation Commission awarded $16,029,000 towards the construction of the “Deck Conversion” project.
D. To fund the cooperative agreement, a Capital Improvement Project must be established, and funds transferred to the Deck Conversion project. The Sacramento share is estimated at $384,000.
E. In April 2021, the City Council approved the execution of the 65% design contract for the I Street Bridge Replacement Project with the understanding that West Sacramento would sign a cooperative agreement to share the local costs of designing the bridge. The West Sacramento share is $1,600,000.
F. Caltrans is authorizing an additional $5,001,945 in federal funds to complete the preliminary engineering and right of way acquisition for the I Street Bridge Replacement Project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The I Street Bridge Deck Conversion Project (T15235400) is established as a new Capital Improvement Project.
Section 2. The City Manager or the City Manager’s designee is authorized to execute Cooperative Agreements with the City of West Sacramento to share the non-federal portion of costs associated with the I Street Bridge Replacement Project (T15136000) and the I Street Bridge Deck Conversion Project (T15235400).
Section 3. The City Manager or the City Manager’s designee is authorized to increase the expenditure budget for the I Street Bridge Deck Conversion Project (T15235400) by transferring $384,000 (New Measure A Safety, Streetscape, Pedestrian, and Bicycle, Fund 2039) from the State and Federal Grant Match Project (T15007200, Fund 2039) Section 4. The City Manager or the City Manager’s designee is authorized to increase the revenue and expenditure budgets in the I Street Bridge Replacement Project (T15136000) by $1,600,000 (CIP Reimbursable Funds, Fund 3702).
Section 5. The City Manager or the City Manager’s designee is authorized to increase the revenue and expenditure budgets for the I Street Bridge Replacement Project (T15136000) by $5,001,945 (Federal Capital Grants, Fund 3703).
Section 6. The City Manager or the City Manager’s designee is authorized to increase the expenditure budget for the I Street Bridge Replacement Project (T15136000) by transferring $1,000,000 (Major Street Construction, Fund 2007) from the State and Federal Grant Match Project (T15007200).
Section 7. The City Manager’s authority to issue supplemental agreements for City Agreement No. 2014-0244 is reset.
COOPERATIVE AGREEMENT BETWEEN CITY
OF SACRAMENTO AND CITY OF WEST SACRAMENTO FOR THE
100% PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) PHASE AND RIGHT OF WAY (R/W) ACQUISITION PHASE FOR THE
I STREET BRIDGE REPLACEMENT PROJECT (T15136000)
This Agreement is made this __ day of _________, 2023 by and between the City of Sacramento ("Sacramento"), a charter city of the State of California and the City of West Sacramento ("West Sacramento"), a Municipal Corporation of the State of California (collectively, "Cities" or individually, "City").
RECITALS
A. C
alifornia Government Code sections 6500 et seq. authorize local public agencies to jointly exercise powers held in common by the agencies;
B. O
n March 5, 2014, Sacramento and West Sacramento entered into Cooperative Agreement 2014- 0243 regarding the replacement of the "I" Street Bridge (T15136000) ("Project"), setting the terms for Project coordination and financial reimbursement for the Project approval and environmental document phase. On August 24, 2018, the March 5, 2014 agreement was amended, restated, and superseded with Cooperative Agreement 2018-1255;
C. O
n June 10, 2019, the Department of Transportation (" Caltrans") approved a F inding of No Significant Impact pursuant to NEPA related to the Project; on June 25, 2019, the Sacramento City Council approved an environmental impact report ("EIR") pursuant to CEQA for the Project as lead agency; and on August 7, 2019, the West Sacramento City Council approved the E IR as a responsible agency to the Project; and
D. T
he Project approval and environmental documentation phase has concluded, and Sacramento and West Sacramento now will enter into an agreement to undertake final design and right of way acquisitions for the Project, as identified in the EIR ("Agreement").
NO
W, THEREFORE, in consideration of the above Recitals and mutual promises, conditions and covenants of the Cities contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Cities agree as follows:
AGREEMENT
1. De
finitions. In this Agreement, unless the context otherwise requires, terms have the following meanings. Capitalized terms within the Exhibits have the meanings set forth in the Exhibit which they appear:
a. "Cities" mean the cities of Sacramento and West Sacramento. b. "Project Team" means staff from the Cities who receive the monthly project development team meeting minutes and/or attend the meetings hosted by the consultant for the implementation of the Project and are responsible for approving plans, agreements, funding, invoices or reports necessary to implement the Project. c. "Project Item" means a task listed in Exhibit A or B.
2. Effective Date and Term. This Agreement shall be effective from the April 13 th, 2021 until December 31st, 2025, unless terminated prior pursuant to the terms of this Agreement.
3. R
ights and Obligations of Cities.
a. Cities agree to complete the roles and task s as defined and assigned in Exhibit B , attached and incorporated herein by reference.
P
rofessional Service Contracts . Sacramento shall be responsible for entering into all professional services agreements and any supplemental agreements required for the consultant work, and complying with Caltrans procurement regulations for the right of way consultants as defined in Exhibit B. The consultant contractor(s) for rights of way will coordinate with the Project Team to compile the final right of way certification documentation. Each City will exercise its independent powers to complete all site control and acquisition of real property rights for the Project within their respective jurisdictions .
Sacramento shall assign right of way consultants management to West Sacramento for acquisitions in West Sacramento’s jurisdiction. Cities shall use best efforts to acquire property rights on the consultant project schedule attached as Exhibit D. If West Sacramento requires additional specialized consultants for real property acquisitions including but not limited to relocation, specialized appraisal, condemnation or trial support, or property management activities, West Sacramento shall retain those services under a separate agreement or confer with Sacramento how those services may be contracted under the existing agreements and the established budget. b. C
ollaboration. Cities both agree to make a good faith effort to complete each Project Item.
If a Project Item is deemed non-participating by Caltrans, the Cities will confer on whether the item is essential for the function of the bridges and on the proportional share between the Cities. This decision will be documented as an addendum to this Agreement prior to construction bidding or referenced in a future agreement for the construction phase. c. J
oint Funding of Project Items. Parties agree to share in the cost for Project Items as defined in Exhibit A, attached and incorporated herein by reference. i. T
he expenditure budget for the consulting contract for the 65% and the 100% plans and the rights of way activities are for an es timated amount not to exceed $ $23,723,454 and staff costs expenditures are estimated at $1,100,000 (Sacramento) and $500,000 (West Sacramento). The anticipated rights of way acquisition costs are currently estimated at $ 7,500,000. (Estimated right of way cost may not reflect actual cost as , in some cases, may not include or assume costs associated with full property takes if that is the outcome of the analyses and proceedings. The above referenced staff budgets are not-to-exceed amounts and may only be increased by supplemental agreement or otherwise covered by agency funds not included in this agreement. Sacramento will pay for the indirect costs associated with Sacramento staff costs that account for $500,000 of the above budget; West Sacramento indirect staff charges are not included or paid for in this budget. The local shares for each City are projected in Exhibit A. These local funds will be budgeted for the project upon approval of this Agreement.
1. T
he Sacramento share of local funds is $2,200,000.
2. The West Sacramento share of local funds is $1,600,000.
ii. M
ethod of Payment.
1. Sacramento will invoice West Sacramento every six months for one-half the local costs incurred during the prior pay period. This will include all local expenses such as staff charges, consultant invoices, and other costs related to Project Items. Supporting documentation for reimbursement will be provided with each invoice.
2. West Sacramento will invoice the Sacramento for their local costs and real property acquisition reimbursements no more than once per month.
Supporting documentation for reimbursement will be provided with each invoice in compliance with federal accounting rules.
3. Sacramento will invoice the Caltrans for all federally -eligible Project expenses. Supporting documentation will be provided with each invoice in compliance with federal accounting rules.
d. Additional Grant Funding. The Cities agree to individually and collectively pursue additional grant funds from state, regional, or federal funding sources. In addition, the Cities mutually ag ree that they will support each other in applying for any appropriate federal, state, or regional grants, and that the cost of the Project essential for the function and operation of the bridge not covered by any grants will be paid for equally by both Cities.
e. Advanced Construction Funding. The costs of the ROW acquisitions, estimated at $7,500,000 may be paid for with local funding with reimbursement from Caltrans through Advanced Construction. West Sacramento may at its sole discretion advance the local funding for the purchase of the acquisitions once Caltrans guarantees the AC reimbursements (or “AC conversion”).
f. P
eriodic Review of Agreement. Cities agree to revisit the terms of this agreement at each significant Project delivery milestone, including: the design plan reviews (65%, 90%, 100%), the rights -of-way and utility certifications, acquisitions and relocations , the construction bid advertisement, and contract award.
g. The Cities agree to seek authorization for a rail crossing modification and change of use through the Commission General Order 88- B application process for the Project as required by the California Public Utilities Commission in order to remove existing vehicle approach ramps to the I Street Bridge, the existing I Street viaduct may be retained for access to the upper deck for maintenance vehicles and for the implementation of the Deck Conversion project.
h. T
he Cities agree that the cost of all components described in the Project description of the environmental document and designed under this Agreement are essential for the function and operation of the bridge and will be shared equally. i. I
nclusion of the design of non-federally participating bridge elements that do not affect the function or operation of the bridge such as gateway monuments, streetscape enhancements, artwork, and similar decorative elements or enhancements will be paid for by the Cities in dividually or jointly through subsequent funding agreements.
Notwithstanding the foregoing, the cost of relocation of an existing Gateway monument and historic water tower in the path of the Bridge will be paid for by the Project.
j. Cities agree that City staff participating in Project Items will complete the Caltrans Federal Aid Training courses offered by Caltrans Local Assistance and Uniform Act Training by the Federal Highways Administration to be informed of the framework for regulations that govern the use of federal transportation funding on local projects and maintaining federal compliance.
4. A
mendment. The Cities may modify the terms and conditions of this Agreement only by written amendment to this Agreement signed by both Cities.
5. T
ermination.
a. T
his Agreement may be terminated by either City in the event of a material breach by the other party. In construing this Agreement, the terms set forth herein are considered material contractual terms and not simply recitals. The City alleging the breach shall give written notice thereof to the City in breach, and the Agreement shall terminate unless the breach is cured within thirty (30) days of the date of such notice.
6. I
ndemnity and Hold Harmless.
a. Cities shall defend, indemnify , and hold harmless each other City, its officers, directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of each City's council, officers, directors, agents, employees, volunteers or contractors to the extent permitted by law. b. I
t is the intention of Cit ies that the provisions of the aforementioned paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, contractors, City of Sacramento's City Council or West Sacramento's City Council. It is also the intention of Cities that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, contractors, City of Sacramento's City Council or West Sacramento's City Council.
7. I
nsurance. Each City, at its sole cost and expense, shall carry insurance, or self-insure, its activities in connection with this Agreement, and obtain, keep in force, and maintain insurance or equivalent programs of self-insurance, for general liability, workers' compensation and business automobile liability adequate to cover its potential liabilities hereunder. Each City agrees to provide the other thirty (30) days' advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages. Sacramento shall require that consultants hired to perform work on the Project provide insurance appropriate for the Project and Project Item, including but not limited to professional liability insurance when appropriate. The contractor’s insurance shall name both Sacramento and West Sacramento as additional insureds and shall provide that insurance or self-insurance maintained by Sacramento or West Sacramento shall be in excess of the contractor’s insurance and shall not contribute with it.
8. Notice. All notices and other communications under this Agreement must be in writing and will be deemed to have been given (i) on the date of delivery, if delivered personally to the City to whom notice is given, or if made by telecopy or e-mail directed to the party to whom notice is to be given at the telecopy number or e-mail address listed below, or (ii) at the earlier of actual receipt or the second business day following deposit in the United States mail, postage prepaid. A City may change its person designated to receive notice, its telecopy number, or its address from time to time by giving notice to the other City in accordance with the procedures set forth in this Article. Notices and other communications will be directed to the Cities at the addresses shown below.
SAC
RAMENTO: Department of Public Works
915 I St, Room 2000
Sacramento, CA 95814
ATTN: Jesse Gothan PE, Supervising Engineer
WEST SACRAMENTO: Community Developm ent Department
1110 West Capitol Avenue
West Sacramento, CA 95691
ATTN: Jason McCoy, Supervising Transportation Planner
9. T
hird-Party Beneficiaries. This Agreement is entered into for the sole benefit of the Cities and any Successors. No other Party shall have any cause of action or the standing to assert any rights under this Agreement.
1 0. Severability. Should any provision of this Agreement be found invalid or unenforceable by a court of law, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
1 1. Integration. This Agreement represents the entire agreement of the Cities relating to the subjects covered by this Agreement. No oral or written statement, representation, or agreement not included within this Agreement shall be of any force or effect whatsoever, and shall be deemed to have been superseded by the terms hereof.
1 2. Counterparts. This Agreement may be signed in one (1) or more counterparts, and will be effective when the Cities have affixed their signatures to counterparts, at which time the counterparts together shall be deemed one (1) original document; provided, however, that all executed counterparts are provided to the City Clerk of each City.
13. Interpretation. The Cities acknowledge that this Agreement has been negotiated by both Cities and their legal counsel and agree that this Agreement shall be interpreted as if drafted by both Cities.
1 4. Inconsistency. In the event of any conflict or inconsistency between the provisions of this Agreement or Exhibits, this Agreement shall prevail.
1 5. Compliance with Laws. In connection with their performance under this Agreement, Cities shall comply with all applicable present and prospective laws.
16. Applicable Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. In the event of litigation arising under this Agreement, venue shall reside in either the Superior Court of the County of Yolo or the Superior Court of the County of Sacramento. 1 7. Time of the Essence. Time is of the essence of this Agreement. 1 8. Headings. All paragraph headings are for reference only and should not be considered in construing this Agreement.
IN
WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
CITY OF WEST SACRAMENTO
a California GENERAL LAW CITY
________________________________
For Aaron Laurel, City Manager
A
TTEST:
________________________________
CITY Clerk
A
PPROVED AS TO FORM:
________________________________
CITY Attorney
(
Signatures continue on next page)
CIT
Y OF SACRAMENTO
a California CHARTER CITY
_______
_________________________
For Howard Chan, City Manager
A
TTEST:
_______
_________________________
CITY Clerk
A
PPROVED AS TO FORM:
_
_______________________________
CITY Attorney
(E
nd of Signatures)
Exhibit A – Local Budget Projection
T
herefore, the I Street Bridge Replacement Right of Way and 65% and 100% Design (T15136000) phase local revenue budget is set at:
L
ocal Funds (WEST SACRAMENTO) Up to $ 1,600,000
Local Funds (SACRAMENTO) Up to $ 2,200,000
LOCAL REVENUE BUDGET for Design and ROW $ 3,800,000
Total Expense
Budget
**Anticipated Federal
Participating (88.53%)
Anticipated
Required Match
(11.47%)
West Sacramento Sacramento (West Sacramento -
Sacramento)
Contractor 65%
g
R
ight of Way 65% Plans 8,623,454.00$ 7,634,343.83$ 989,110.17$ 494,555.09$ 494,555.09$ 1 to 1 Contractor 100% Mark Thomas & Co. - Design and
Right of Way 100% Plans 7,000,000.00$ 6,197,100.00$ 802,900.00$ 401,450.00$ 401,450.00$ 1 to 1 West Sacramento Eligible 500,000.00$ 442,650.00$ 57,350.00$ 28,675.00$ 28,675.00$ 1 to 1 Sacramento Eligible 600,000.00$ 531,180.00$ 68,820.00$ 34,410.00$ 34,410.00$ 1 to 1 Sacramento Ineligible 500,000.00$ -$ -$ 500,000.00$ 0 to 1 ROW Acquisitions* 7,500,000.00$ 6,639,750.0000$ 860,250.00$ 430,125.00$ 430,125.00$ 1 to 1 Total 24,723,454.00$ 21,445,023.83$ 2,778,430.17$ 1,389,215.09$ 1,889,215.09$ Total Contingency 15% 208,382.26$ 283,382.26$
1,600,000$ 2,200,000$ Revenue Budget
Note: West Sacramento assumes no ineligible staff costs to the project **Federal funds are subject to Caltrans review and approval of project documentation and cost justifications and the issuance of an E-76 finance letter.
PS&E and ROW Revenue Budget Local Budget Shares
Management
Staff
Therefore the recommended local revenue budgets are (Rounded to nearest 100,000s):
* West Sacramento may advance the cost of the ROW acquisitions with local funding using Advanced Construction reimbursement from Caltrans if federal HBP funds are not available.
Exhibit B – Right of Way Key Milestones - Roles and Responsibilities Entity Legend: City of Sacramento (CoS), City of West Sacramento (CoWS), Prime Contractor Mark Thomas and Company (MT&Co), Sub-Contractors Monument, AR/WS
Activity Responsible Entity Entity's Role Comments/
Description
Approximate Time
Required
E-76 for ROW Phase CoS/MT&Co CoWS Request authorization to enter into ROW phase
CoS (upon consultation with
CoWS) & MT&Co will
request E-76 for ROW from
Caltrans
N/A
Prepare Scope of Work for
Appraisal, Relocation and
Acquisition work by
consultant
CoS to be shared with and
reviewed by CoWS.
Monument and M Thomas
to provide Pricing for all
ROW Sub-consultant costs
City of Sacramento to take
the lead on preparing a
scope of work under which
Monument will appraise and
acquire property. CoWS
Monument and MT to
review and approve the
SOW. CoS to assign
control and management of
ROW Consultant for CoWS
acquisitions to CofWS
CoS to share with CoWS
and MT&Co for review and
approval prior to finalizing.
Once Monument contract
awarded, send SOW to
Monument. CoWS to review
and approve Monument
Contract & Pricing and
FHWA procurement
compliance. SOW will
include obtaining necessary
title information by
consultants for subject
properties.
Prepare SOW now and
provide to consultant
immediately after
Monument contract
executed
Relocation CoWS Manage Monument
directly.
Begin Relocation
Evaluation/
Requirements
Relocation Agent to be
assigned to property owners
requiring relocation. This
process could take several
months to complete.
Within 1 month of contract
award to Monument,
relocation agent should
identify required relocation
and begin work on
relocation plan and
assistance program to allow
relocation to occur pursuant
to project schedule.
Appraisal AR/WS Monument and
Mark Thomas to provide
Pricing for all ROW Sub-
consultant costs
Complete Appraisal Reports
for Project Acquisitions
AR/WS to complete
appraisals. CoWS and CoS
with aid from MT&CO will
provide appraiser with
3-6 months after notice to
proceed
Activity Responsible Entity Entity's Role Comments/
Description
Approximate Time
Required
specific information about
project, acquisition (size,
type, duration if temporary),
property owner, property
characteristics. MT&Co to
provide appraisal maps to
CoWS. CoWS shall approve
all appraisal instructions for
property within its
jurisdiction. AR/WS to send
out notice of appraisal and
property acquisition
guidelines, as approved by
COS and CoWS to subject
property owners
Appraisal Review Sierra West Valuation Review Appraisal Reports Sierra West to review all of AR/WS appraisal reports;
Sierra West to
communicate
comments to CoS/CoWS
and AR/WS.
Within two weeks from
receipt of draft appraisal
report
Finalize Appraisal Reports AR/WS Complete final product based on comments from
Sierra West/CoWS/CoS
AR/WS will take comments
provided by Sierra West and
adjust/update the appraisal
accordingly
Within two weeks from
receipt appraisal review
Prepare Just Compensation
Memoranda
CoWS/CoS Based on approved
appraisal report of fair
market value
Staff prepare Just
Compensation Memoranda
to be signed by appropriate
entity signatory. These are
the basis for the offer
amount in the First Written
Offer (FWO)
Within two weeks from
completion of appraisal
report
Prepare Acquisition
Agreement Templates
CoWS/CoS Both cities work together to
develop a template that
each is satisfied with
Staff prepare the
appropriate agreement
based on the type of
Parallel track to appraisal
report period. While
appraisal reports are
Activity Responsible Entity Entity's Role Comments/
Description
Approximate Time
Required
collaboration from
respective attorney's offices.
Most likely documents:
Agreement for Acquisition of
Real Property in Fee;
Agreement for Acquisition of
Easement; Agreement for
Acquisition of Temporary
Construction Easement;
Agreemen
t for Acquisition of
Easement (with Temporary
Construction Easement)
along with associated deed
documents.
acquisition. CoWS and City
should agree (with
respective legal counsel
concurrence) on a template
for each type of agreement
and deed in advance, so
that when appraisal work is
completed, FWOs can go
out immediately.
completed, staff can work
on preparing the offer
packages.
Send First Written Offer Monument Send out First Written Offer to property owners
Once offer package is
ready, CoWS or CoS give
Monument FWO package to
be sent to property owner
Promptly after Just
Compensation Memoranda
have been signed. 30 day
time given to property
owner for consideration
Commence Acquisition
Negotiations
Monument Engage in negotiations with
property owners after
property owner has 30 days
to review FWO
Monument staff to begin
following-up with property
owners after 30 initial days
provided for property owner
to review offer
30 - 90 days if willing seller
Activity Responsible Entity Entity's Role Comments/
Description
Approximate Time
Required
Prepare Eminent Domain
Filings
CoWS/CoS/Monument Prepare City Council Notice
of Hearing, Staff Report and
Resolution of Necessity
documents; Set Council
Date
If any property owner
decides to holdout, not
communicate, refers agent
to his or her attorney who is
unwilling to negotiate, or
expresses an unwillingness
to negotiate, in order to
keep project on track, the
Eminent Domain process
should be commenced
9 - 24 months. If property
rights aren't in question, but
rather acquisition amount,
an Order of Prejudgment
Possession likely within 6- 9
months. If property rights
are in question, then
proceedings could last up to
24-30 months
Complete acquisitions CoWS/CoS/Monument If acquisition is over $100,000 for CoS, and for
all CoWS acquisitions, City
Council action required.
Upon obtaining necessary
approvals, route agreement
for signatures and request
check to send to escrow
Once property owner signs
acquisition paperwork,
agreement should be
circulated for CoWS or CoS
signatures. Once agreement
fully executed, request
check from CoWS or CoS
accounting. Forward check
to title company. Complete
steps required to close
escrow based on
instructions from title
company.
30 - 60 days, depending on
escrow requirements
Send out Notice to Vacate
to Displacees
CoWS/CoS/Monument Send "Notice to Vacate" to
all displacees (individuals
who qualify for relocation) a
minimum of 90-days in
advance of when property
must be empty.
Federal regulations require
that the acquiring entity
provide a displaced
individual with 90 days'
notice. A Relocation Agent
will have been assigned to
each displaced party.
Minimum of 90 days in
advance of need to have
tenant out of residence
After all acquisition
complete, request E-76
from Caltrans
CoS CoS, as the lead agency,
upon consultation with
CoWS will submit the Right
MT&Co responsible for
Utility portion of Right of
Way Certification
3 weeks
Activity Responsible Entity Entity's Role Comments/
Description
Approximate Time
Required
of Way Certification on
behalf of CoS and CoWS
COOPERATIVE AGREEMENT BETWEEN THE CITY OF WEST
SACRAMENTO AND THE CITY OF SACRAMENTO
FOR THE PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT
(PA&ED); PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E); AND
RIGHT OF WAY (R/W) PROJECT DEVELOPMENT PHASES FOR THE
I STREET BRIDGE DECK CONVERSION FOR ACTIVE
TRANSPORTATION PROJECT
(T15216000)
This Agreement is made as of ____________, by and between the City of Sacramento ("Sacramento"), a charter city of the State of California and the City of West Sacramento ("West Sacramento"), a Municipal Corporation of the State of California.
RECITALS
A. C
alifornia Government Code sections 6500 et seq. authorize local public agencies to jointly exercise powers held in common by the agencies.
B. O
n November 3, 2015, the City of Sacramento Public Works Director provided written support for pursuing the conversion of the upper deck of the historic I Street Bridge to a bicycle and pedestrian facility with construction of a replacement bridge upstream.
C. W
est Sacramento, with support from the City of Sacramento, submitted a California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant application requesting funding to develop a Feasibility Study that analyzed existing bridge conditions, engaged the community, explored bridge use and design alternatives, documented legal and environmental constraints, and identified costs associated with retaining use of the upper bridge deck.
D. T
he Sacramento City Council accepted the I Street Bridge Deck Conversion for an Active Transportation Feasibility Study on June 25th, 2019 (Resolution R2019-0278) agreeing to partner for the pursuit of grant funding, and delegating authority to the City Manager to establish a cooperative agreement between the Cities for the project.
E. O
n June 17, 2020, the West Sacramento City Council approved a professional services contract with ICF and subconsultant engineering firm Mark Thomas to begin environmental and preliminary engineering analysis for the Deck
Conversion Project’s preferred alternative, coordination with Union Pacific on new ramp design, and environmental documentation consistent with California Environmental Quality Act / National Environmental Poli cy Act (CEQA/NEPA) statutes. The amount of funding allocated to complete the Project Approval and Environmental Document (PA&ED) phase was $ 346,818 funded with West Sacramento local funds. City staff costs were not included in the funding of this consultant contract.
F. On April 15, 2021, the City of West Sacramento was granted $3,239,000 funding by the Sacramento Area Council of Governments to complete both the final design phase ($2,429,40 0) and right of way phase ($ 809,600) of the I Street Bridge Deck Conversion for Active Transportation P roject. The match requirement for these federal funds is 11.47% or $420,000 for a total pr oject budget of $3,659,000.
G. On October 20, 2022, the City of West Sacramento was granted $16.029 million in funding through the Statewide Com ponent of the 2023 A ctive Transportation Program (Cycle 6) to com plete full project construction of all phases in both Sacramento and West Sacramento. The match requirement for these funds is $2.123 million.
H. Sacramento and West Sacramento desire to enter into this Ag reement on the terms and conditions set forth below. Sacramento and West Sacramento desire to complete the Project Approval and Environmental Document (PA&ED) project development phase, and undertake the final design -Pl ans, Specifications, and Estimates ( PS&E) and Right of Way (R/W) project development phases of the I Street Bridge Deck Conversion for Active Transportation Project (T15216000), hereinafter referred to as the "Deck Conversion Project." Sacramento has agreed to reimburse West Sacramento for half the PA&ED cost and required match of the grant funds.
I. West Sacramento has agreed to undertake the Deck Conversion Project as the lead agency pursuant to the terms of this Agreement; a nd J. The terms of the agreement m ay be amended to include staff costs once exac t grant amounts are programmed and the consultant services procured.
AGREEMENT
.
NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, Sacramento and West Sacramento agree as follows:
A. W
est Sacramento shall be the lead agency and Sacramento a responsible agency under the California Environmental Quality Act (CEQA) . West Sacramento shall enter into all professional services agreements and any supplemental agreements required for the consultant work and award any contracts for construction. West Sacramento will include Sacramento staff on any competitive selection panels to procure consultants for the project. West Sacramento will include Sacramento staff on project team meetings and in key decisions related to the design and implementation of the project.
B. T
he consultant team working with the project team represented by staff from both Cities will provide cost estimates for the project as identified in the environmental documentation and designed in the plans, specifications, and estimates package.
The estimates will be provided in a standard engineering format that includes unit costs, lump sums, contingency costs, and escalation. The estimates will be accompanied by corresponding exhibits that denote the limits of work . The estimate(s) for the prefer red alternative(s) will be labelled “ Total Project Costs” and be inclusive of delivery costs: design, construction management, utility relocations, right of way acquisitions, and construction. Delivery costs may be a ratio of the construction cost estimate keeping with industry standards . These estimates will correspond to the environmentally cleared alternatives and be reviewed and approved by staff at both Cities . This estimate will be use d to pursue any future grant funds and negotiate the local shares provided by each city.
C. A
s part of the final design, t he Deck Conversion project must include a B enefit Cost A nalysis (BCA) of any existing structure proposed to be retained , strengthened, and re- purposed for the Deck Conversion project within Sacramento City. The I Street Bridge Replacement Project (R esolution R2019- 00582) has approved the demolition of all viaducts leading to the upper deck ; thus, the retention of any of these structures such as “the triangle” at the signalized intersection of Jibboom Street and I Street over the Union Pacific Railroad tracks must be subject to a BCA in comparison to a complete replacement of the aged structures. Similarly, given the UPRR request to provide maintenance trucks to the upper deck, the existing I Street approach ramp or it’s alternative approach into Sacramento Valley Station must be considered in the
Benefit Cost Analysis as the potential permanent and/or repurposed viaduct access to the Deck Conversion project.
D. West Sacramento will continue to pursue state or federal grant funds for the Deck Conversion Project as required to fund all elements described in the cost estimate and in the exhibits for all relevant phases of work. Sacramento will provide letters of s upport for the grant pursuits per the Sacramento City Council Resolution R2019-0278.
E. The Cities shall evenly split the funding required to complete the PA&ED phase and required local match of the SACOG and ATP grants secured for the Deck Conversion project. The amount of local funds required to complete the PA&ED phase is $346,818 divided as follows:
1. $173,409 funded by the City of West Sacramento
2. $173,409 funded by the City of Sacramento
F. Federal funds granted through S ACOG for Plans, Specifications and Estimates (PS&E) Phase and Right-of-Way (R/W) are $3,239,000. Based upon an 11.47% match rate, the total match requirem ent for the project will not ex ceed $420,000 or $210,000 per City based on the gr ant award from SACOG, div ided as follows based upon the allocation of grant funding awarded to eac h project development phase:
1. PS&E Phase: $2,429,400 (grant funding) + $315,100 (local match)
2. R/W Phase: $809,600 (grant funding) + $104,900 (local match) G. Funding received through the Statewide Component of the 2023 Active Transportation Program (Cy cle 6) to complete full project construction of all phases in both Sacramento and West Sacramento required a local match of $2.123 million. Authorization to proceed into the Construction Phase and the associated shared match will be addressed in a subsequent Cooperative Agreement between the cities of West Sacramento and Sacramento.
M
ethod of Payment
H. Beginning in fiscal year 2022 (FY 2022-2023) West Sacramento will invoice one- half the eligible local costs incurred for the project . This will include federally eligible local expenses for the consultant and other agreed to costs related to the Project within the agreed to budget. Supporting documentation for reimbursement
will be provided with each invoice per federal accounting rules and/or standard Caltrans invoicing requirements for federal aid projects.
S
taff Expenses
I. Staff costs are considered part of the Deck Conversion project budget. A portion of the required local funds for the PS&E and R/W project development phases will be allocated to staff costs as follows:
1. PS&E Phase Local Match = $315,100
a. 15% allocated to City of Sacramento for Staff Costs ($47,265) b. 20% allocated to City of West Sacramento for Project Management & Staff Costs ($63,020)
2. R/W Phase Local Match = $104,900
a. 15% allocated to City of Sacramento for Staff Costs ($15,735) b. 20% allocated to City of West Sacramento for Project Management & Staff Costs ($20,980)
J. T
he Cities agree that the I Street Bridge Replacement Project (T1513600) will pay for and coordinate with Union Pacific Railroad and the Public Utility Commission (PUC) through their General Order 88 application to seek the approval of the change of the use of the upper deck of the I Street Bridge from motor vehicle and pedestrian use to bicycle, pedestrian and maintenance/public safety vehicle use.
The change of use approval would allow for the continued use by the walking and biking public when the automobiles are moved to the new bridge and the existing viaducts are removed.
K. To c
oordinate the sequencing of the projects, the safety elements required by the PUC for the change of use permit of the upper deck may be constructed by the I Street Bridge Replacement Project. Due to the mitigation requirements , the I Street Bridge Replacement Project will leave the existing viaducts (Jibboom Street, C Street, I Street, J Street) in place for the required environmental mitigation duration to allow for the adequate brooding and nesting season of the identified species. This mitigation period will take place after the new bridge is open but prior to the Deck Conversion constructing the new access ramps to the upper deck. Per the existing schedule, the first opportunity to demolish all the existing viaducts and construct the new approach ramps is anticipated to be in the 2026-2027 calendar years.
L. The Cit
ies agree that at least one access ramp or viaduct shall be kept and not demolished prior to acquiring final approvals, construction permits, and full funding for bicycle, pedestrian and maintenance vehicle ramp construction as
specified by the Deck Conversion Project final plans, specifications, and estimates. The Cities agree to maintain the public access to the upper deck of the historic I Street Bridge from within each jurisdiction with at least one ramp or viaduct. In Sacramento, this may be the existing I Street approach viaduct.
M. The Cit
ies agree that improvements to be constructed by the Deck Conversion project will include at least one new ramp access on each side of the river and the strengthening of any repurposed structures such as the Jibboom Street and I Street triangle, or the I Street approach viaduct , sufficient to continue bicycle, pedestrian, and maintenance vehicle use. Given the request of UPRR to provide for continued maintenance vehicle access to the upper deck, the Cities agree to evaluate and consider the benefit cost analysis of the existing I Street viaduct as the permanent access solution for the Deck Conversion project. The Cities agree that all other viaduct structures will be demolished pursuant to the I Street Bridge Replacement Project approved demolition plan.
N. The par
ties may modify the terms and conditions of this Agreement only by written termination or amendment to this Agreement signed and executed by both parties.
O. Ei
ther party may terminate this Agreement in the event of a material breach by the other party, such as the withdrawal of committed funds. The party alleging the breach shall give written notice thereof to the party in breach, and the Agreement shall terminate unless the breach is cured within thirty (30) days of the date of such notice.
P. Sac
ramento shall defend, indemnify and hold harmless West Sacramento, its officers, directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of Sacramento's City Council, officers, directors, agents, employees, volunteers or contractors. Likewise, West Sacramento shall defend, indemnify and hold harmless Sacramento, its Council, officers, directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorneys' fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of the City of West Sacramento's City Council, officers, directors, agents, employees, volunteers or contractors.
Q. It is the intention of Sacramento and West Sacramento that the provisions of the aforementioned paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, contractors, City of Sacramento's City Council or West Sacramento's City Council. It is also the intention of Sacramento and West Sacramento that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party shall bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, contractors, City of Sacramento's City Council or West Sacramento's City Council.
R. Eac
h party, at its sole cost and expense, shall carry insurance, or self -insure, its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, workers compensation and business automobile liability adequate to cover its potential liabilities hereunder. Each party agrees to provide the other thirty (30) days' advance written notice of any cancellation, termination or lapse of any of the insurance or self -insurance coverages. Sacramento shall require that consultants hired to perform work on the Project provide insurance appropriate for the Project, including but not limited to professional liability insurance when appropriate. The contractor’s insurance shall name Sacramento and West Sacramento as additional insureds and shall provide that insurance or self - insurance maintained by Sacramento or West Sacramento shall be in excess of the contractor’s insurance and shall not contribute with it.
S. Thi
s Agreement represents the entire agreement of the parties relating to the subjects covered by this Agreement. No oral or written statement, representation, or agreement not included within this Agreement shall be of any force or effect whatsoever, and shall be deemed to have been superseded by the terms hereof.
T. Al
l notices and other communications under this Agreement must be in writing and will be deemed to have been given (i) on the date of delivery, if delivered personally to the party to whom notice is given, or if made by telecopy or e- mail directed to the party to whom notice is to be given at the telecopy number or e- mail address listed below, or (ii) at the earlier of actual receipt or the second business day following deposit in the United States mail, postage prepaid. A party may change its person designated to receive notice, its telecopy number, or its address from time to time by giving notice to the other party in accordance wi th the procedures set forth in this Article. Notices and other communications will be directed to the parties at the addresses shown below.
SAC RAMENTO: Department of Public Works
915 I St, Room 2000
Sacramento, CA 95814
ATTN: Jesse Gothan PE, Supervising Engineer
WEST SACRAMENTO: Community Development Department
1110 West Capitol Avenue
West Sacramento, CA 95691
ATTN: Jason McCoy, Supervising Transportation Planner
Such notice shall be deemed given when deposited into the United States mail, postage prepaid, addressed to the parties at the addresses above. Nothing shall preclude the giving of personal notice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
CITY OF WEST SACRAMENTO
a California GENERAL LAW CITY
_______ _________________________
Aaron Laurel, City Manager
A TTEST:
_______ _________________________
CITY Clerk
A PPROVED AS TO FORM:
_ _______________________________
CITY Attorney
(
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CIT
Y OF SACRAMENTO
a California Charter CITY
_______
_________________________
For Howard Chan, City Manager
A
TTEST:
_______
_________________________
CITY Clerk
A
PPROVED AS TO FORM:
_
_______________________________
CITY Attorney
(E
nd of Signatures)