HomeMy WebLinkAboutAgenda Report - August 17, 2022 C-10CITY OF
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CALIFORNIA
AGENDA ITEM + 10
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Cooperative Agreement with State of California for Proposed State Route 99/Turner
Road Interchange Improvements
MEETING DATE: August 17, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No. 1 to Cooperative Agreement with State of California for proposed
State Route 99/Turner Road Interchange Improvements.
BACKGROUND INFORMATION: Since 21018, San Joaquin Council of Governments (SJCOG), in
partnership with California Department of Transportation (Caltrans),
the City of Lodi, and the design consultant, Drake Haglan &
Associates, Inc. have collaborated to prepare the necessary environmental clearance and design
documents for constructing the State Route 99 (SR99)/Turner Road Interchange Improvements (Project).
The contract between SJCOG and Drake Haglan and Associates has been expanded to provide the
construction management services through project completion.
The project improvements include the'const-uction of a round -a -bout located near the southerly end of the
southbound Turner Road freeway off -ramp, widening Cherokee Lane (currently a one-way southbound
roadway segment) into a two-way facility be -ween Pioneer Drive and Turner Road, including Class II bike
lanes in both directions and sidewalk on the westerly side of the roadway. The project also includes
lengthening the SR99/Turner Road Southbound on-ramp by 400 feet to provide longer acceleration
distance to merge with mainline traffic. Project construction is anticipated to begin in late 2022.
As a condition of project approval, Caltrans -equired the City of Lodi to enter into a Cooperative Agreement
with the State of California. On October 20, 2021, Council authorized the Public Works Director to execute
the initial Cooperative Agreement for the State Route 99/Turner Road Interchange Project. The
Cooperative Agreement is specific to the Project and outlines the terms and conditions for constructing
improvements within the State right of way.
Amendment No. 1 to the initial Cooperative .agreement includes Caltrans requested changes to the funding
table and language providing a mechanism -or the City to pay Caltrans for a portion of the project signal
controller and cabinet that will be supplied bar Caltrans.
FISCAL IMPACT: The Project ccnstruction and construction management services outlined in
the Cooperati\.e Agreement will be funded through a combination of State and
local funding sources managed through SJCOG.
APPROVED: Steve Schwabauef
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\TURNER\Turner_SR99 interchaige improvements\CC_SR99_Turner _08_17_2022 Amend No 1 coop_agreement doc 8/3/2022
Adopt Resolution Authorizing Public Works Director to Execute Amendment No. 1 to Cooperative Agreement with State of California for Proposed
State Route g9/Turner Road Interchange Improvements
August 17, 2022
Page 2
FUNDING AVAILABLE: Funding availability is dependent on California Transportation Commission
(CTC) allocation. The allocation is expected to be considered at the
September 2022 CTC meeting. To qualify for consideration, the Cooperative
Agreement mt_st be executed prior to this date.
Charles E. Swimley, Jr.
Public Works Director
CES/CES/cd
Attachment
\\cvcflv02\pubwks$\WP\PROJECTS\STREETS\TURNER\Turnef_SR99 interchange improvements\CC_SR99_Turner_08_17_2022 Amend No 1 coop_agreement doc 8/3/2022
Agreement 10-533 Al
Project No. 1014000090
EA 10- 1 C260
10 -SJ -99- 31.1/31.6
COOPERATIVE AGREEMENT COVER SHEET
Funding Summary Amendment — Funding Summary No. 02
Agreement Amendment No. 01
Work Description
CITY OF LODI TO CONSTRUCT IMPROVEMENTS TO THE SOUTHBOUND STATE
ROUTE -99/ TURNER ROAD INTERCHANGE
Contact Information
CALTRANS
Allen Lao, Project Manager
1976 E. Dr. Martin Luther King Jr. Blvd.
Stockton, CA 95205
Office Phone: (209) 986-5570
Email: allen.lao@ae dot.ca.gov
CITY OF LODI
Charles E. Swimley Jr., Public works Director
221 West Pine Street
Lodi, CA 95240
Office Phone: (209) 333-6707
Email: cswimle todi. og_v
Project Development Agreement 2017-02-17 (Created May 25, 2022) i
Cover Sheet
Table of Contents
AMENDMENT No. 01
FUNDING SUMMARY No. 02 .............................
FUNDING TABLE ............................................
EXPENDITURE TABLE ..................................
SPENDING SUMMARY ..................................
Funding..............................................................
Invoicing and Payment ......................................
CONSTRUCTION Support ..........................
CONSTRUCTION Capital ...........................
Department Furnished Materials (DFM) ......
Signatures...........................................................
AGREEMENT 10-533 Al
Project No. 1014000090
...........................................................................1
...........................................................................1
...........................................................................1
...........................................................................2
...........................................................................3
...........................................................................4
........................................................................... 5
..........................................................................6
...........................................................................6
........................................................................... 6
........................................................................... 7
Project Development Agreement 2017-02-17 (Created May 25, 2022) ii
AGREEMENT 10 — 533 Al
Project No. 1014000090
EA 1 C260
10 -SJ -99-31.0/31.7
AMENDMENT NO. 01
FUNDING SUMMARY NO. 02
1. PARTIES, in accordance with the provisions of this AGREEMENT, hereby amend this AGREEMENT by replacing Funding Summary No. Olin its
entirety with Funding Summary No. 02.
2. Funding summary No. 2 adds RSTP funds of $641,347 and increases the SBI LPP funding from $1,629,000 to $4,729,000. Also decreasing HIP
funding from $1,720,000 to $1,150,270 and decreasing the Measure K funding from $4,130,000 to $3,380,000 and removing the Local funds of
$645,756.
FUNDING TABLE
IMPLEMENTING AGENCY
CITY
Source
Party
Fund Type
CONST.
SUPPORT
CONST.
CAPITAL
Totals
STA'T'E
SJCOG
SB 1 LPP
0
4,729,000
4,729,000
LOCAL-
FEDERAL
CITY
Fed HIP
0
1,150,270
1,150,270
LOCAL-
FEDERAL
CITY
RSTP
0
641.347
641,347
LOCAL
CITY
Measure K
1,660,617
1,487,260
3,147,877
LOCAL
CITY
Measure KM
0
232,123
232,123
Totals
1,660,617
8,240,000
9,900,617
mNon-federal match
Project Development Agreement 2017-02-17 (Created May 25, 2022) 1 of 7
FUNDING SUMMARY No. 02
EXPENDITURE TABLE
IMPLEMENTING AGENCY4
CITY
Source
Party
Fund Type
CONST. CAPITAL
Eligible
Ineligible
STATE
CALTRANS
SB 1 LPP
X
low W-7
LOCAL-
FEDERAL
CITY
Fed HIP
X
--
LOCAL-
FEDERAL
CITY
RSTP
X
--
LOCAL
CITY
Measure K
X
X
LOCAL
CITY
Measure KM
X
--
Note: An "X" denotes the funding type is available for payment.
MNon-federal match
AGREEMENT 10 — 533 A 1
Project No. 1014000090
Project Development Agreement 2017-02-17 (Created May 25, 2022) 2 of 7
FUNDING SUMMARY No. 02
AGREEMENT 10 — 533 Al
Project No. 1014000090
Project Development Agreement 2017-02-17 (Created May 25, 2022) 3 of 7
SPENDING SUMMARY
CONST. SUPPORT
CONST. CAPITAL
DFM
Fund Type
CALTRANS CITY
CITY
CALTRANS
Totals
SB l LPP
0 Q
4,729,000,
- 0
4.729.000
Fed HIP
0
0
1,150,270
641,347
0
0
1,150,270
641,347
RSTP
0
0
Measure K
0
1,660,617
1,475,660
11,600
3,147,877
Measure K
0
0
232,123
0
232,123
Totals
Q
1,660,617
8,228,400
11,600
9,900,617
AGREEMENT 10 — 533 Al
Project No. 1014000090
Project Development Agreement 2017-02-17 (Created May 25, 2022) 3 of 7
FUNDING SUMMARY No. 02
Funding
AGREEMENT 10 — 533 Al
Project No. 1014000090
3. 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.
4. 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.
5. The cost of any engineering support performed by CALTRANS includes all direct and
applicable indirect costs. CALTRANS calculates indirect costs based solely on the type
of funds used to pay support costs. State and federal funds administered by CALTRANS
are subject to the current Program Functional Rate. All other funds are subject to the
current Program Functional Rate and the current Administration Rate. The Program
Functional Rate and Administration Rate are adjusted periodically.
In accordance with California Senate Bill 848, the Administration Rate is capped at 10
percent until January 1, 2023, for Self -Help Counties with a countywide sales tax measure
dedicated to transportation improvements.
6. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS
reimbursement of indirect costs must submit an indirect cost rate proposal and central
service cost allocation plan (if any) in accordance with Local Assistance Procedures
Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually
to CALTRANS' Audits and Investigations for review and acceptance prior to
CALTRANS' reimbursement of indirect costs.
7. Travel, per diem, and third -party contract reimbursements for WORK are to be paid from
the funds in this AGREEMENT only after the contractor performs the work and incurs
said costs.
Project Development Agreement 2017-02-17 (Created May 25, 2022) 4 of 7
AGREEMENT 10 — 533 Al
Project No. 1014000090
Payments for travel and per diem will not exceed the rates paid rank and file state
employees under current California Department of Human Resources (Ca1HR) rules
current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CalHR rates, CITY will fund the cost difference and
reimburse CALTRANS for any overpayment.
8. In accordance with the CALTRANS Federal -Aid Project Funding Guidelines, PARTIES
must obtain approval from the Federal Highway Administration prior to any PROJECT
funding changes that that will change the federal share of funds.
9. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the
funding guidelines for all contributed funds that are programmed and allocated by the
CTC.
Invoicing and Payment
10. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one
PARTY provides funds for use by another PARTY. PARTIES will pay invoices within
forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds
Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar
days of receipt of invoice.
11. 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.
12. 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.
13. If an executed Program Supplement Agreement (PSA) or STIP Planning, Programming,
and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then
CITY will abide by the billing and payment conditions detailed for the fund types
identified in the PSA or PPM.
14. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY
will reimburse those funds.
Project Development Agreement 2017-02-17 (Created May 25, 2022) 5 of 7
AGREEMENT 10 — 533 Al
Project No. 1014000090
CONSTR UCTION Support
15. No invoicing or reimbursement will occur for the CONSTRUCTION SUPPORT
PROJECT COMPONENT.
CONSTRUCTION Capital
16. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
Department Furnished Materials (DFM)
17. CALTRANS will invoice CITY for $11,600 after execution of this AGREEMENT and
forty-five (45) working days prior to the commencement of Department Furnished
Materials expenditures. This represents the entire Department Furnished Materials
estimated costs.
Thereafter, CALTRANS will invoice and CITY will reimburse for actual costs incurred
and paid upon execution of the amendment.
Project Development Agreement 2017-02-17 (Created May 25, 2022) 6 of 7
FUNDING SUMMARY No. 02
Signatures
AGREEMENT 10 — 533 Al
Project No. 1014000090
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned
the authority to execute this AGREEMENT on behalf of the respective agencies and hereby
covenants to have followed all the necessary legal requirements to validly execute this
AGREEMENT. By signing below, the PARTIES each expressly agree to execute this
AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT 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
Dennis T. Agar
District Director
Date:
Michelle Ishaya
District Budget Manager
Gina Schumacher
HQ Accounting Supervisor
CITY OF LODI
Stephen Schwabauer
City Manager
Date:
011 V i a, rA ash d
City Clerk
Janice D. Magdich
City Attorney
Project Development Agreement 2017-02-17 (Created May 25, 2022) 7 of 7
RESOLUTION NO. 2022-204
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PROPOSED
STATE ROUTE 99 / TURNER ROAD INTERCHANGE IMPROVEMENTS
WHEREAS, since 2018, San Joaquin Council of Governments (SJCOG), the California
Department of Transportation (Caltrans), the City of Lodi, and the design consultant, Drake
Haglan & Associates, Inc., have collaborated to prepare the necessary environmental clearance
and design documents for constructing the State Route 99 (SR99)/Turner Road Interchange
Improvements; and
WHEREAS, as a condition of project approval, Caltrans required the City of Lodi to
enter into a Cooperative Agreement with the State of California; and
WHEREAS, on October 20, 2021, Council authorized the Public Works Director to
execute the initial Cooperative Agreement for the State Route 99/Turner Road Interchange
Project; and
WHEREAS, Amendment No. 1 to the initial Cooperative Agreement includes
Caltrans -requested changes to the funding table and language providing a mechanism for the
City to pay Caltrans for a portion of the project signal controller and cabinet that will be supplied
by Caltrans; and
WHEREAS, SJCOG requires the City to execute an addendum to the Cooperative
Agreement; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No.1 to the Cooperative Agreement with State of California for proposed State
Route 99/Turner Road Interchange Improvements.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize City Manager to execute Amendment No. 1 to the Cooperative Agreement with State
of California for the proposed State Route 99/Turner Road Interchange Improvements; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above-refe enced document(s) that do not alter the compensation
or term, and to make clerical correctioZas necessary.
Dated: August 17, 2022
I hereby certify that Resolution No. 2022-204 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held August 17, 2022 by the following votes:
AYES: COUNCIL MEMBERS — Hothi, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Khan
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-204
10 -SJ -99-31.1/31.6
AMENDMENT NO. 1 TO AGREEMENT 10-533
6!.-10
Agreement 10-533 Al
EA 10-1C260
Project ID 1014000090
This Amendment No. 1 (AMENDMENT) to Agreement 10-533 (AGREEMENT), executed on
and effective from 10/19/2021, is between the State of California, acting through its Department
of Transportation, referred to as CALTRANS, and:
City of Lodi, a body politic and municipal corporation or chartered city of the
State of California, refe-red to hereinafter as CITY.
RECITALS
CALTRANS and CITY, collec-ively referred to as PARTIES, entered into
AGREEMENT No. 10-533, on 10/19/2021,:defining the terms and conditions for City of
Lodi to construct improvement3 to the southbound state route-99/Turner Road
interchange at PM 31.0/31.7, referred to as PROJECT.
2. The AGREEMENT establishes post mile limits were stated as 31.0/31.7 and the LPP
Funds were cap at $1,629,000_
PARTIES now seek to add $3,100;0.00 of SB 1 LPP funds to Construction Capital for a
total of $4,468,00.0. Remove $197,284 of Fed HIP from Construction Support and
decrease $372,446 of Fed HIP =rom Construction Capital for a total of $1,150,270.
Remove the $637,156 of Local from Construction Support and remove $8,600 of Local
from Construction Capital. Remove $222,844 of Measure 0 from Construction Support
add $232,.123 of Measure KM to Construction Capital. Add $641,347 of RSTP funds to
Construction Capital. Add $1,399,617 of Measure K to Construction Support and
decrease $2,381,740 of Measur~ K for Construction Capital to $1,748,260. Increase DFM
from $8,600 to $11,600 and using Measure K for DFM and to change the postmiles to
31.1/34.6.
IT IS THEREFORE MUTUALLY AGREED:
1. Article The Header in the AGREEMENT is replaced in its entirety to read as follows:
Cooperative Agreement # 10-5.3
EA 10-1C260
Project ID 1014000090
District 10, Route 99, San Joaquin County, PM 31.1/31.6
1 of 3
Agreement 10-533 Al
EA 10-1C260
Project ID 1014000090
10 -SJ -99-31.1/31.6
2. A revised Funding Summary is attached and made part of the AGREEMENT. Any
reference to the Funding Summary in the AGREEMENT is deemed to refer to the revised
Funding Summary attached herein.
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.
CONTACT INFORMATION
The information provided below indicates the primary contact information for each PARTY to
this AGREEMENT. PARTIES will notify each other in writing of any personnel or location
changes. Contact information changes do not require an amendment to this AGREEMENT.
CITY OF LODI
Public Works Director: Charles E. Swimley Jr.
Phone Number: (209) 333-6707
E-mail: cswirnle c01odi.g,0v
Billing Address: 221 West Pine Street
Lodi,_CA 95240
CALTRANS
Project Manager: Allen Lao
Phone Number: 209 986-5570
2 of 3
10 -SJ -99-31.1/31.6
E-mail: tillc:n.lilCY(LL?[�[)l.�ci.�l]V
SIGNATURES
Agreement 10-533 Al
EA 10-1 C260
Project ID 1014000090
PARTIES are authorized to enter into this AMENDMENT and have delegated to the
undersigned the authority to execute t_ais 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 belcw, 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:
Denise T. Agar
District Director
VERIFIED OF FUNDS & AUTHORITY:
By:
Michelle Ishaya
District Budget Manager
CERTIFIED AS TO FINANCIAL
TERMS & POLICIES:
By:
Nadine Karavan
HQ Accounting Supervisor
CITY OF LODI
By:
Stephen Schwabauer
City Manager
Attest:
Jennifer Cusmir
City Clerk
APROVED AS TO FORM &
PROCEDURE:
By:
Janice D. Magdich
City Attorney
3 of 3
10 -SJ -99-31.1/31.6
Agreement 10-533 Al
EA 10-1C260
Project ID 1014000090
4of3
AGREEMENT 10 - 533
EA 1C260
Project No. 1014000090
10 -SJ -99-31.1/31.6
FUNDING SUMMARY NO. 02
'Non-federal match
Project Development Agreement 2017-02-17 (Created August 11, 2022) 1 of 6
FUNDING TABLE
IMPLEMENTING AGENCY4
CITY
CONST.
CONST.
Source
Party
Fund Type
SUPPORT
261.,000
CAPITAL
4,468,000
Totals
4,729,000
STATE
CALTRANS
SB 1 LPP
LOCAL-
CITY
Fed HIP
0
1,150,270
1,150,270
FEDERAL
LOCAL -
CITY
RSTP
0
641,347
641,347
FEDERAL
LOCAL
CITY
Measure K
1,399,617
1,748,260
3,147,877
LOCAL
CITY
Measure Km
0:
232,123
232,123
Totals
1,660,617
8,240,000
9,900,6171
'Non-federal match
Project Development Agreement 2017-02-17 (Created August 11, 2022) 1 of 6
FUNDING SUMMARY No. 02
l;`�7DL'1�TilTTTTDT. T A DT Z,
lIL1 1' \L11 ll it�.:1 1ALL11 II
IMPLEMENTING AGENCY4
CITY Ii
_ I
CONST. CAPITAL
Eligible Ineligible
Source
Party
Fund Type
STATE
CALTRANS
SB 1 LPP
x
x
LOCAL -
FEDERAL
CITY
Fed HIP
X
--
LOCAL -
FEDERAL
CITY
RSTP
X
--
LOCAL
CITY
Measure K
X
x
LOCAL
CITY
Measure KM
X
-
Note: An "X" denotes the funding type is available for payment.
'Non-federal match
AGREEMENT 10 - 533
Project No. 1014000090
Project Development Agreement 2017-02-17 (Created August 11, 2022) 2 of6
FUNDING SUMMARY No. 02
SPENDING SUMMARY
CONST. SUPPORT CONST. CAPITAL
Fund Type
CALTRANS
0
DFM
CALTRANS
Totals
CITY
261,000
CITY
56 1 LPP
4,468,000
0
4,729,000
'I-ecl HIP
0
0
1,150,270
0
1,150,270
RSTP
0
0
641,347
0
641,347
Measure K
0
1,399,617
1,736,660
11,600
3,147,877
Measure Km
0
232,123
0
232.,123
Totals
0
1,660,617
8,228,400
11,600
9,900,617
AGREEMENT 10 - 533
Project No. 1014000090
Project Development Agreement 2017-02-17 (Created August 11, 2022) 3 of6
FUNDING SUMMARY No. 02
Funding
AGREEMENT 10 - 533
Project No. 1014000090
1. If there are insufficient funds available in this AGREEMENT to place the PROJECT
right-of-way in a safe and ope-able 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.
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 REte and the current Administration Rate. The Program
Functional Rate and Administration Rate are adjusted periodically.
In accordance with California Senate Bill 848, the Administration Rate is capped at 10
percent until January 1, 2023, fo- Self -Help Counties with a countywide sales tax measure
dedicated to transportation improvements.
4. If the WORK is funded with state or federal funds, any PARTY seeking CALTRANS
reimbursement of indirect costs must submit an indirect cost rate proposal and central
service cost allocation plan (if any) in accordance with Local Assistance Procedures
Manual, 2 CFR, Part 200 and Chapter 5. These documents are to be submitted annually
to CALTRANS' Audits and Irrvestigations for review and acceptance prior to
CALTRANS' reimbursement of indirect costs.
Project Development Agreement 2017-02-17 (Created August 11, 2022) 4 of6
FUNDING SUMMARY No. 02
AGREEMENT 10 - 533
Project No. 1014000090
5. Travel, per diem, and third-pa-ty contract reimbursements for WORK are to be paid from
the funds in this AGREEMENT only after the contractor performs the work and incurs
said costs.
Payments for travel and per died will not exceed the rates paid rank and file state
employees under current California Department of Human Resources (Ca1HR) rules
current at the effective date of this AGREEMENT.
If CITY invoices for rates in excess of CaIHR rates, CITY will fund the cost difference and
reimburse CALTRANS for any overpayment.
6. In accordance with the CALTRANS Federal -Aid Project Funding Guidelines, PARTIES
must obtain approval from the Federal Highway Administration prior to any PROJECT
funding changes that that will change the federal share of funds.
7. Notwithstanding the terms of this AGREEMENT, PARTIES agree to abide by the
funding guidelines for all contributed funds that are programmed and allocated by the
CTC.
Invoicing and Payment
PARTIES will invoice for funds where the SPENDING SUMMARY shows that one
PARTY provides funds for use by another PARTY. PARTIES will pay invoices within
forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds
Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar
days of receipt of invoice.
9. If CITY has received EFT certification from CALTRANS then CITY will use the EFT
mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.
10. When a PARTY is reimburses 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 Eccounting 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 Development Agreement 2017-02-17 (Created August 11, 2022) 5 of6
FUNDING SUMMARY No. 02
AGREEMENT 10 - 533
Project No. 1014000090
11. If an executed Program Suppl-.ment Agreement (PSA) or STIP Planning, Programming,
and Monitoring Program Func Transfer Agreement (PPM) exists for this PROJECT then
CITY will abide by the billing and payment conditions detailed for the fund types
identified in the PSA or PPM.
12. If CALTRANS reimburses CITY for any costs later determined to be unallowable, CITY
will reimburse those funds.
CONSTRUCTION SuMor
13. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
CONSTRUCTION Capita
14. CITY will invoice and CALTRANS will reimburse for actual costs incurred and paid.
Department Furnished Materials (DFM)
15. CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid.
Project Development Agreement 2017-02-17 (Created c ugust 11, 2022) 6 of6