REPORT TO THE CITY COUNCIL
July 20, 2017
FROM: SCOTT L. MOZIER, PE, Interim Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
DAVID A. CISNEROS, Project Administrator
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Authorize the Public Works Director to execute an Eighth Amendment to a Reimbursement Agreement with the California High-Speed Rail Authority (CHSRA) for the purposes of extending the contract end date by 24 months to December 31, 2019. (Council Districts 1, 2 & 3)
Body
RECOMMENDATION
It is recommended that the Council authorizes the Public Works Director, or his designee, to execute the amendment that will extend the existing contract term by 24 months to December 31, 2019.
EXECUTIVE SUMMARY
The Eighth Amendment will extend the contract end date to December 31, 2019. The amendment will provide for continued reimbursement from the CHSRA to the City for the cost of staff services to develop the remaining cooperative agreements. The remaining agreements to be developed will address ownership and maintenance, third party, prior rights, project conflicts and fourteen (14) railroad grade separations.
BACKGROUND
On May 3, 2012, Council approved a Memorandum of Understanding with the CHSRA to develop a series of Cooperative Agreements for the High Speed Rail Project. The CHSRA agreed to reimburse the City for staff costs incurred in developing the Agreements up to $296,000. Reimbursable tasks included verification of existing rights-of-way, review of proposed designs for conformance to City Standards, analysis of utility-HSR conflicts, analysis and verification of utility easements, pre-plan check activities along the HSR corridor and negotiations on the legal terms and language in each Agreement.
On May 9, 2013, Council authorized the Public Works Director to negotiate and enter into the Second Amendment extending the contract term to May 30, 2014, and providing for an additional $200,000 of reimbursement for City staff services for a total contract amount of $496,000. The Third and Fourth Amendments extended the contract term for an additional 18 months and increased the total reimbursement amount under the contract by $370,000 to a total of $866,000. The Fifth Amendment approved by the Council on May 14, 2015, extended the contract term to December 31, 2016.
On March 17, 2016, the Sixth Amendment to the contract increased the amount available for reimbursement by $555,000 to a total of $1,421,000, and the Seventh Amendment extended the contract end date to December 31, 2017.
The proposed Eighth Amendment to the contract will extend the contract end date to December 31, 2019.
ENVIRONMENTAL FINDINGS
By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements.
LOCAL PREFERENCE
Local preference not applicable since this is a reimbursement agreement and not a construction contract.
FISCAL IMPACT
There will be no impact to the General Fund or any City operating funds associated with the recommended action. All City costs for services provided under the existing agreements, including the proposed amendments, will be paid for by the CHSRA project funding. Staff costs to develop and implement the remaining Cooperative Agreements will be fully funded by the California High-Speed Rail Authority. The High-Speed Rail project encompasses property in Council Districts 1, 2 and 3.
Attachment: Standard Agreement Amendment No.8