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HomeMy WebLinkAbout2012/06/19 Item 10CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF CHULA VISTA 6/19/12, Item ~0 ITEM TITLE: PUBLIC HEARING ON CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JULY 2012 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2012/2013 THROUGH 2016/2017, PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO THREE MEMORANDA OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS RELATED TO IMPROVEMENTS TO THE BLUE LINE LIGHT RAIL AND FREIGHT RAIL CORRIDOR, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NONSUBSTANTIVE CHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUT//EnnppT~~HE AGREEMENTS SUBMITTED BY: DIRECTOR OF PUBLIC WORK, REVIEWED BY: CITY MANAGER ll ASSISTANT CIT MANAGERGj 4/STHS VOTE: YES ^ NO SUMMARY The San Diego Association of Governments (SANDAG) has notified the local agencies that requests for the July 2012 amendment to the Regional Transportation Improvement Program (RTIP) may be submitted. Signed resolutions must be submitted to SANDAG by end of June, 2012. The City will need to submit a request for amendment in order to enter into three Memoranda of Understanding (MOU) for planned improvements through Chula Vista's light rail trolley and freight rail corridor. The MOUs will allow the City to work with SANDAG and their consultants and to transfer funds to SANDAG so that rail improvements and adjacent roadway improvements can be expedited. 10-1 6/19/12, Item /~ Page 2 of 6 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity, consisting of a request for arnendment to the Transnet Local Street Improvement Program for submittal to SANDAG for the purpose of entering into three Memoranda of Understanding (MOU) for planned improvements to the light rail trolley and freight rail corridor going through Chula Vista, as well as other miscellaneous street improvements for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity and subsequent projects qualify for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed traffic signal and street improvements involve negligible or no expansion of an existing use. Thus, no further CEQA environmental review is required. RECOMMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Transnet History and Re¢ulations The voters of San Diego County approved the Transnet Program as Proposition A in November 1987. This proposition enacted ahalf--cent increase in the countywide sales tax through 2008 to fund specified transportation programs and projects. One third of the revenues generated by the tax were allocated by SANDAG to the local agencies for local streets and roads purposes. These funds have been distributed to cities annually and programmed by cities into local projects. In November 2004, 67 percent of County voters supported Proposition A, which extends Transnet from 2008 to 2048. The Transnet Extension Ordinance states that at least 70 percent of the funds allocated to local agencies for local road projects should be used to fund construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signalization, transportation infrastructure to support smart growth, capital improvements for transit facilities, and operating support for local shuttle and circulator transit routes (Congestion Relief). No more than 30 percent of Transnet funds allocated to local agencies for local road projects are expected to be used for local-street and road maintenance. Projects included under the Congestion Relief portion of Transnet are required to accommodate travel by pedestrians and bicyclists in accordance with the Transnet Ordinance and Rule 20 of SANDAG Board Policy 31, "Accommodation of Bicyclists and Pedestrians". This rule states that evaluating bicycle and pedestrian accommodation is required for all major reconstruction projects included under Congestion Relief under the 70-30 requirement. Cities may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG within the last five years to determine the appropriate means of accommodating bicyclists and pedestrians in a given project. Since Chula Vista's Bikeway Master Plan Update was adopted by the City Council on February 1, 2011 and the Pedestrian Master Plan was adopted on June 22, 2010, they qualify under this provision. 10-2 6/19/12, Item Page 3 of 6 Blue Line Light Rail Trolley and Southline Freight Capacity Freight nroiects The purpose of this RTIP amendment is to be able to have the City of Chula Vista and the San Diego Association of Governments (SANDAG) enter into three Memoranda of Understandings (MOUs) so that planned improvements along the rail corridor within Chula Vista can be completed. With each of the MOUs, SANDAG will be the lead and will use their consultants and staff since they have expertise with the rail comdor system. It is necessary to enter into three separate MOUs since each MOU relates to a specific Chula Vista/SANDAG CIP and a commensurate Chula Vista/SANDAG and SANDAG consultant team and budget. Chula Vista will provide full funding for the MOU related to the Light Rail Grade Separation Environmental Document at Palomaz Street (CIP# STM-361 &SANDAG MPO ID # CHV30) and partial funding for proportionate share of roadway improvements needed while the rail at-grade crossings are improved adjacent to Industrial Blvd. at the intersections with Moss Street & Naples Street (CIP# TF-383 &SANDAG MPO ID # CHV60) and Industrial Blvd./Anita Street (CIP # TF-319 &SANDAG MPO ID # CHV60). A description of the individual projects follows below: Environmental Document for Licht Rail Trolley (LRT) Grade Sevarations and Stations (STM-361/CHV30). In order to be able to grade separate the LRT from the local street at E Street, H Street and at Palomar Street, an environmental document must be prepared. The SANDAG 2050 Regional Transportation Plan (2050RTP) shows that the Blue Line system which runs from San Ysidro to downtown San Diego and back has the three Chula Vista Trolley Station crossings ranked very high in the region (See Attachment # 1). Per the 2050RTP, the Palomar Street crossing impacts the most vehicles per day on a six-lane roadway, and as such, ranks 4~' in regional priority ahead of E Street and H Street. For this next phase of work related to the Interstate-5 Multi-modal Corridor Study, it is necessary to enter into a MOU with SANDAG to begin work on the Palomar Street LRT environmental document. Initially, City staff requested that the environmental document be prepared for all three of the proposed LRT grade-separation locations in Chula Vista. Since each of the three locations ranks very high in the region, and are in relatively close proximity to another, it seemed to make sense to evaluate them at the same time. This. would dovetail with the current Light Rail Trolley Improvements Study, which staff gave a status report at the Council Transportation Workshop of April 5, 2012. This LRT Improvement Study will be completed by July 31, 2012. Due to the remaining budget in STM-361 and the time constraints in preparing an environmental document and then identifying and budgeting for the estimated $40 million in construction costs, SANDAG staff felt that only the Palomar Street location should be studied at this time. The environmental document will be looking at design alternatives such as over-crossing and under-crossing options and will be providing for a public review process. Pending future funding availability, the City will pursue environmental work at the E Street and H Street locations. For the past few years, City staff has worked in collaboration with Caltrans, SANDAG and SANDAG consultant teams on identifying needed short-term and long-range improvements along the Interstate-5 transportation corridor which also includes the rail corridor and the local street network (See Attachment # 2). Past Council action included the following resolutions: 10-3 6/19/12, Item Page 4 of 6 • Resolution 2008-253 dated 11/04/2008 approving an MOU with SANDAG for the purpose of conducting a study to examine multi-modal improvements to the Interstate-5 corridor. This study's recommendations were incorporated into the 2050RTP and recognized that improvements along the rail corridor are Chula Vista's highest need. • Resolution 2008-254 dated 11/04/2008 authorizing the transfer of SAFETEA-LU Federal funds and TransNet funds from CIP STM-362 (I-5/H Street Interchange) to CIP STM-361. • Resolution 2009-220 dated 9/15/2009 accepting TCSP funds for the LRT Improvements Study. • Resolution 2010-088 dated 4/20/2010 approving an MOU with SANDAG to conduct an LRT Improvement Study. This study is almost complete and forms the basis for the grade separation environmental document, which is the subject of this agenda statement. The City of Chula Vista has CIP project STM-361 (Interstate-5 Multi-modal Corridor Study) which is funded with Federal SAFETEA-LU funds, Federal TCSP funds and a local match of TransNet (See Attachment # 3). No additional funding is required. The estimated cost for this work is $900,000 of which $150,000 is retained by Chula Vista for City staff costs. The balance of the $750,000 will be apportioned as follows: $650,000 for SANDAG staff and SANDAG consultant costs plus $100,000 as consultant contract contingencies. A draft of the MOU "Regazding Environmental Document for LRT Grade Separations and Stations" is attached (See Exhibit A-1). No fund transfer will occur with this MOU. Approved consultant expenses will be paid by SANDAG who in turn will invoice the City for reimbursement of eligible expenses including SANDAG staff costs. The City will pay SANDAG's invoice and then forward an invoice of all expenses to Caltrans for processing and reimbursement of 80% of approved expenses with federal SAFETEA-LU funds. A similar payment/reimbursement methodology was done with the Interstate-5 Multi-modal Corridor Study per the MOU entered into with Resolution 2008-253. The environmental work is expected to begin in FY12/13 after the LRT Improvement Study is completed in late July 2012. Once the Notice to Proceed is issued by SANDAG, completion of the environmental document with preferred project recommendation is expected to take approximately 18 months to complete (Spring of 2014). Design & Construction funding has not yet been identified, but City staff will be working with SANDAG to expedite the scheduling of the design and construction phases of work currently estimated at $40 million. Blue Line Stations Proiect Industrial Blvd at Moss Street & Naples Streets Improvements (TF-383/CHV60). There is a need to make rail equipment replacement and upgrades with rail crossing improvements along the Blue Line corridor. SANDAG must also make roadway improvements at each intersection such as widening and pedestrian improvements. Due to field review meetings with the CPUC, recommendations have been made by the CPUC that require narrow raised medians on either side railroad tracks on the east leg of the local street intersections. In order to be able to allow larger vehicles, such as trucks to make turns from Industrial Blvd. to/from the local street, the CPUC also would like these two intersections to be signalized. City staff has met with SANDAG staff and SANDAG rail consultants and has come up with a design that meets the requirements of the CPUC that increases safety at the rail crossings. 10-4 6/19/12, Item ~~ Page 5 of 6 In order to provide the ultimate rail crossing and local street improvements, the MOU will allow City staff to transfer $240;000 out of the $250,000 in TransNet funds in FY12/13 CIP TF-383 (See Attachment # 4) and CHV60 (See Attachment # 5) so that SANDAG can utilize these funds for the additional improvements that impact the local street. Initially, this project was going to be scheduled for construction in FY13/14, so the attachments show the funding in FY13/14. Since the construction schedule has been revised to Fall 2012, staff will be coming back next month with a CIP amendment that will swap the funding and timelines from the signal work at Third Avenue/Naples Street (TF-382/CHV60) to the signal work in TF-383/CHV60. Since SANDAG and their team will be the lead on this project, the balance of $10,000 will be used by City staff for plan checking and minimal field inspection services. The fund transfer will not occur until after the City Council adopts the FY12/13 CIP and Chula Vista and SANDAG have adopted the RTIP amendments and executed the MOU (See Exhibit A-2). Therefore, it is not likely that any funds will be transferred in FYI 1/12. South Line Frei¢ht Capacity Project Improvements at Industrial Blvd and Anita Street (TF-319/CHV601. Similar to the needed rail crossing and roadway improvements needed at Moss Street and at Naples Street, SANDAG must also make rail improvements at Anita Street but in FY13/14. Per the CPUC, similar narrow raised medians will be required as well as the continuation of the pedestrian paths across the Anita Street rail crossing. With the City having a need to make existing traffic signal modifications at the intersection, it has been determined that in the best interest of expediting the rail crossing improvements, that the City will transfer $390,000 from the $404,536 project budget. The transfer will be from two funds, $190,000 in Traffic Signal funds and $200,000 in Transnet funds. Note that tonight's action is for approval to enter into an MOU, the construction is not scheduled until FY13/14. The TF-319 CIP for FYl2/13 will not have to be changed since SANDAG will not need the funds until FY13/14. The MOU will suffice and the transfer will occur in FY13/14 and be part of a future RTIP update and the normal CIP budgeting process for FY13/14. The Traffic Signal funds will be used for the prepazation and construction of traffic signal modification improvements. In addition, in order to be able to construct ultimate roadway improvements on the north leg of the intersection and be able to provide sufficient street width for large wheel based vehicles to turn to/from Industrial Blvd. and Anita Street, the north leg of Industrial Blvd. must be widened. The Transnet funds will be used for the roadway and pedestrian improvements. Pedestrian improvements such as sidewalks and pedestrian ramps will be provided along the northwest and east side of the street. City staff has met with SANDAG staff and SANDAG rail consultants and has come up with a design that meets the requirements of the CPUC that increases safety at the rail crossings. In order to provide the ultimate rail crossing and local street improvements, the MOU will allow City staff to transfer $390,000 out of the $404,536 in project funds from CIP TF-319 (See Attachment # 6) so that SANDAG can utilize these funds for the additional improvements that impact the local street. Since SANDAG and their team will be the lead on this project, the balance of $14,536 will be used by City staff for plan checking and minimal field inspection services. The MOU (See Bxhibit A-3) will be executed in FY12/13 but the fund transfer occurs in FY13/14. 10-5 6/19/12, Item ~~ Page 6 of 6 Future South Line Freight Capacity Construction Impacts As the rail contractor works within this rail corridor from E Street to Main Street, some preassembled rail measuring 1600 lineal feet in length must be brought in and stock-piled neaz J Street. SANDAG is currently working with City staff and must obtain an encroachment permit from Caltrans on the temporazy closure requirements that will affect the Interstate-5 ramps and local street crossing at J Street. Once this phase of work is completed, a schedule of materials delivery will be determined and City staff will then be informed. Typical closures are usually from 9:00 p.m. Friday to 5:00 a.m. Mondays. Public notification will be provided as soon as the dates have been confirmed. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council on the site specific portions of this action and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. CURRENT YEAR FISCAL IMPACT These actions will have no impact on the TransNet Fund and General Fund. ONGOING FISCAL IMPACT In FY12/13 there will be two new traffic signals energized at Moss Street and Naples Street, there will be normal expenses to the General Fund for electrical and maintenance costs. For FY13/14 the existing signal at Anita Street will not require any additional on-going expenses. ATTACHMENTS Attachment 1. 2050 Regional Transportation Plan Grade-Separation List Attachment 2. ProjectTrak CHV30 Intertate-5 Multi-modal Corridor Study Attachment 3. STM-361 CIP Project Detail Sheet Attachment 4. TF-383 CIP Project Detail Sheet. Attachment 5. ProjectTrak CHV60 Traffic Signal Upgrades. Attachment 6. TF-319 CIP Project Detail Sheet. Exhibit A-1. Draft-MOU between SANDAG, Caltrans & City of Chula Vista regarding Environmental Document for LRT Grade Separations and Stations (STM-361) Exhibit A-2. Draft-MOU between SANDAG & City of Chula Vista regarding B1ueLine Stations project SANDAG contract number 1210030 (TF-383) Exhibit A-3. Draft-MOU between SANDAG & City of Chula Vista regarding SouthLine Freight Capacity project SANDAG contract number 1300602 (TF-319). Prepared by: Francisco X Rivera, Principal Civil Engineer, Public Works Dept. J:\Engineer\AGENDA\CAS2012\06-19-12\RTIP 2012 Amend SANDAG LRT MOU'sREV2.doc ~~-6 i ATTAC4-ih~ENT Table TA 4.24 -Rail Grade Separation Rankings Estimated -. Cost to Veh. Trains Grade per Day per .Total Separate AtGrade Crossing Location Rank ADT Day Accidents .Points {$201 D) (mil) ', Assumptions Washington, Laurel, Hawthorn, Grape, Ash, 1 263,945 137 8 80.8 $2,200 see note (1) and Broadway Streets, San Diego Taylor Street, San Diego 2 42,670 195 4 62.8 $110 see note (4) Broadway/Lemon Grove Avenue, Lemon 3 40,403 144 2 57.8 $80 light rail only (4) Grove Palomar Street, Chula Vista 4 59,337 206 0 55.5 $40 light rail only (4) H Street, Chula Vista 5 47,596 206 0 53.3 $40 light rail only (4) E Street, Chula Vista 6 45,658 206 1 50.3 $40 light rail only (4) Euclid Avenue, San Diego 7 37,000 144. 0 46.3 $40 light rail only (4) Washington St./Sassafras St., San Diego 8 30,345 206 0 46.3 $150 light rail only (4) Vista Village Drive/Main Street, Vista 9 61,698 67 0 46.0 $60 light rail only (2) Civic Center Drive, Vista 10 40,782 67 0 46.0 $40 light rail only 28th Street, San Diego ~ 11 33,225 206 0 44.8 $40 light rail only (4) -~ Ash Street, San Diego 12 30,575 206 0 44.0 $100 light rail only Broadway, San Diego 13 27,845 144 0 43.3 $110 light rail only 32nd Street, San Diego 14 32,470 206 0 42.5 $40 light rail only (4) Allison Ave/University Ave/La Mesa Blvd, 15 24,700 144 0 40.3 $100 light rail only (4) La Mesa Severin Drive, La Mesa 16 13,611 288 2 40.3 $40 light rail only (4) Sorrento Valley Blvd., San Diego 17 37,990 51 1 39.5 $130 Melrose Drive, Vista 18 25,921 67 0 31.8 $40 light rail only (2) EI Camino Real, Oceanside 19 35,911 67 0 31.7 $40 light rail only (2) North Drive, Vista 20 8,793 67 0 29.5 $30 light rail only Mar Vista Drive, Vista 21 9,665 67 0 28.8 $30 light rail only Los Angeles Drive, Vista 22 4,291 67 0 28.8 $30 light rail only Grand Avenue/Carlsbad Village Drive, 23 21,113 51 0 28.3 $110 Carlsbad Guajome Street, Vista 24 4,152 67 0 28.0 $30 light rail only Tamarack Avenue, Carlsbad 25 10,568 51 0 23.8 $90 Cannon Road, Carlsbad 26 12,434 51 0 22.3 $90 Leucadia Blvd., Encinitas 27 34,000 51 1 22.0 $90 see note (3) Total $3.940 (1) Heavy rail trench only from Washington St. to Downtown San Diego estimated at $1.9 billion (2) Included in the SPRINTER double-track project (West Mission Rd, San Marcos also is included at estimated cost of $40 million) (3) Included in the COASTER double-track (4) Included in Blue/Orange Lines frequency enhancements TA 4-64 ® Technical Appendix 4: Transportation Evaluation Criteria and Rankings ~~-7 'rojectTrak -Project View > PROJECT SE-RC:-I-: > PROJECT INFO ~~ Page 1 of 2 ~~~~ ~~~~ VIEWING A PROJECT (READ-ONLY MODE) ~I IF YOU LIKE TO MAKE CHANGES TO THIS PROJECT, PLEASE PROCEED THROUGH AN AMENDMENT. l MPO ID. CHV3O VERSION: 5 ~ RTIP: 12-00 -: COMPLETION YEAR: 'Z013 CTIPS ID' f21 00000O74H '. PPNOi O9CAO13 RTIP STATE APFROVEb:~ ~, { TOTAL COST $2,74S,SOO '. SANDAG ID: 'R/8 ~ ' EA NUMBER', h/a " -RTIP FEDERAL'APPROVE DATE OBLIGATED COST ~$0 LAST PAYMENT REQUESTED BY: Elizabbth Ct10D~J (3/23/212) LAST MODIFIED 8Y' E912a k181:•17 C{'tOpk7 (4/6/2012) ISH TORY ~ ,^ 'ADMINISTRATIVE EDIT LUMP SUM LUMP SUM NAME _ • No i PROJECT TYPES TCM EAP 'I Highway - 5 NO '. '-, FOOTNOTES .PROJECT INFORMATION PROGRAM/AUTHORIZATION TYPE ID RTP PAGE # LEAD AGENCY Chula Vista, City of EARMARK NO CA3482 ExEMPT cATEGORV EARMARK NO CA677 Other-Engineering studies 'j PPNO 09CA013 RASlLATEST RTPI RTP PAGE # ITS :PROJECT TITLE _. _. _. RTIP _ I. I-5 Multi-Modal Corridor Improvement Study 12-00 -RTIP PROJECT DESCRIPTION-GU'': ^~ELINEE conduct a study to examine multi-modal improvements to the I-5 corridor between the Main Street Interchange and State Route 54 MULTIPLE LOCATIONS : SYSTEM ROUTE On I-5 between SR 54 and Main Street interchange Local "'-i CONGESTION RELIEF '': 'MAINTENANCE CAPACITYINCREASING PROJECT INFORMATION ONLY REOJIREb fOR CAPACITY INGRE, SING PROJECTS CAPACITY STATUS ~ CMP PROJECT DIAGRAM Non-Capacity Increase AFPROVA.L LETTER PROGRAMMING INFORMATION EST TOTAL PROJECT COST PROJECT COMPLETION DATE 'OPS/MAINT ' $2s749,500 Iv10 YEA PDF URI ~uvIN R!"PORT fGRFF4 R!-~/~N~~n¢1 iIS"JRICA 84 VENUES DEC 2013 ~. FISCAL YEAR FUND TYPE (PROGRAMMED REVENUE SOURCEI ENV/ENGR ROW C N :TOTAL ~0-~ N/7nt~ 'rojectTrak -Project View eY 2009 TransNet-Local Streets and ROatls $50,000 $0 ~ ~ $0 $60, FY 2009 TransNet-Local Streets Improvements $100,000 $0 ~ $0 $100, ', FY 2010 Demo -High Priority Projects $800 000 $0 $0 $800, FY 2011 Federal Disc. -Trans. & Comm & Sys. Presrv Pilot Prog $222,300 $0 $0 $222, FY 2011 Demo-High Priority Projects $390.240 $0 $0~ _.. $390, Pale 2 of ~ 'r FY 2011 TransNet -Local Streets Improvements Carry Over $189,500 $0 $0 $189 600'. ',.. ~' FY 2073 Demo-High Priority Projects __. $796,960 _.. $0 - ._ .. $0 .._ _._ i $796960'- ~ - '. FY 2013 TransNet -Local Streets Improvements Carry Over $200 500 $0 , $0 , ,_, i $200 500! : ii TransNet Loral Streets and Roads $50,000 ["~ $0 s ~ $0' ~:~ $60 000-: '~. w - TransNet-Local Streets Improvements $100,000 $0 $0, __ .__. $100000- ' Demo HIgR Priority Projects $1 987 200 R _ $0 $0 $1 987 200' Federal Disc -Trans, & Comm & Sys. Presrv. Pilot Pmg $222,300 - $0 $0 $222 300'. TransNet-Local Streets Improvements Garry Over $390,000 ~$0 ~ $0 I $390000; G RAND TOTAL $2749500 _ ~~$Oi ,. $0 $2,749,500 _., .. . -.TRANSNETPAYMENTS' '. l5hOU4 ~a\.ITe 1t l^. P~Onramnledl , - ' IF2Y `l=_r`1Cnmm2ntl~il ' TRANSNET PROGRAM 90URCERECIPIENT PAYMENTDATE PAYMENT AMOUNT '. r TransNet -Local Streets Improvements Sales Tax Chula Vista, Clty of FEB 2009 $100,000 '. SUBTOTAL'FYOg :$100,000 `. TransNet -Local Streets and Roads Sales TaxChula Vista, Gfy of FEB 2009 $50,000 I - '. SUBTOTAL FY09 - '. $50,000 .. TransNet -Local Streets Improvements Carry Over Sales Tax Ch ula Vista, City of APR 2011 $157,000 TransNet -Local Streets Improvements Carry Over Sales Tax Chula Vlsta, Clty of JUN 2011 $25,000 !ISU6TOTALFY11 _ ,$182,000 ' TransNet -Local Streets Im provementsCarry Over Sales Tax Chula Visia, City of DEC 2011 $2,500 1 TransNet -Local Streets Improvements Carry Over Sales Tax Chula Visia, Gty of - ~ ~ APR 2012 $5,000 i ~ ,emrwi cv,o 57.500 >CHANGE REASON HiSi„RiC rL C_'r/Ihg EP 5 J CHANGE REASON Carry over from 10-17 NARRATIVE DESCRIPTION- -UIDANCE _.. _.. Carryover funds NARRATIVE (AUTOMATE) Changed Project Completion Date: - from "DEC 2012" to "DEC 2013" Revise Funds Between Fiscal Years TransNet - Local Streets Improvements Carry Over: - Decrease funds in FY 2011 in ENG from $390,000 to $189,500 - Add funds in FY 2013 in ENG for $200,500 Demo - High Priority Projects: - Add funds in FY 2013 in ENG for $796,960 - Decrease funds in FY 2011 in ENG from $1,187,200 to $390,24C '. Total project cost remains the same at $2,749,500 10-9 ~~~~ ~~ ~ChJtJLA'~1STA City of Chula Vista ~ 2011/12-2015/16 Capital Improvement Program Project Description Report Project Location: I-5 multi-modal corridor D ~ Department Responsible: Engineering ! M I1~1 Project Intents: Renovation Project Description: J Project will provide for study regazding improvements along Interstate 5 multi-modal corridor. Ltuation Description I-5 multi-modal corridor Justification: Preliminary analysis needed before a Project Study Report is required for regional funding. As improvements are identified, a new CIP project may be created. Consultant Services may be required to assist staff with the analysis. Urban Core Specific Plan; Tier 1 Improvements #1, #2, #24 and #25, Tier 2 Improvements #59, #61, #63 and #64 Total Estimated Cost: $2,816,292 Estimated Operation and $~ Project Type: Major Streets Maintenance Cos[: 83 \Iff ~-~~ ~ LAVlS'A City of Chula Vista 2012/13-2016/17 Capital Improvement Program Project Description Report ~,- _ ,. , ..r..x. ~ '~ ~ ~, 1 ~. _. ., - yy~ .gyp .. z s a r- g f otto ' n1~ ~ dgd ~ ~~ ' ''~~~ r _ ~ ~r. r,~ x.x+3~=: " ' ' t 't`+` e~bN6r.e. - f6 n , of 4 ` trt f ;.. 4 a .: r ~,~ ~., ~~.t~'....: nk ~nr ~. ' '' _._ ~ .m w ~~,~. .: fl~ ~.P. ' ~ Project Location: Intersections of Industrial Boulevazd and Moss Street and Industrial Boulevard and Naples Street ~ ~l l ~ x .. Department Responsible: Engineering ! I " ~- 1 s } ~ a =~ ~ , : t 1 ~ i 4 , s, : q f's Project Intents: Capacity !~ ' i ' " A ~ ~~ l:' ~~` . } s f ~ Project Description: Installation of a fully actuated Traffic Signal System, including signing and striping, sidewalks, curbs, q,~ ~ ~' ; ' , p } ' !,w?,t ~ } ~ street lightning, and ADA ramps. This is a joint project with SANDAG, who is making gutters ~ ~ ~c.,~ 4 ",. ~;'~ ~~ , improvements to the trolley crossings. This project is listed in RTIP FY l3, CHV60 (Congestion Relief) i~ ~ IFS' 4 ?, < I Location Description Industrial Boulevard and Moss Street and Industrial Boulevard and Naples Street Intersections Iustification: In accordance with California Public Utilities Commission (CPUC) requirements, these intersections are in very close proximity to trolley [racks, which trigger the signalization of these intersections. Total Estimated Cost: $250,000 Estimated Operation and $0 Project Type: Traffic Maintenance Cost: Fund No Fund Name Previous ,,. i~,„ ,.. 2013/14 201A/15 2015/16 2016/17 Future _.. _ .. 22700 TransNet $0 $,„ $250,000 $0 $0 $0 $0 ?rojectTrak -Project View Page 1 of ~TfiJ7' ,~ VIEWING A PROJECT (READ-ONLY MODE) IF YOU LIKE TO MAKE CHANGES TO THIS PROJECT, PLEASE PROCEED THROUGH AN AMENDMENT MPO ID: ~ CHV$O ':VERSION: ~".,$ -RT11P '12-DD- COMPLETION YEAR: `- Pp1¢ OTIPS ID pjd - PPNO: n/a :RTIP STATE APPROVED. TOTAL COST '`. $1,474,A6S SANDAG ID: h/a EA NUMBER n/a "RTIP FEDERAL APPROVE DATE: OBLIGATED COST ': $Q LAST PAYMENT REQUESTED BV; EIIZ2IJ8}}} ChOPp (3/23/2012) LAST MODIFIEDEY: ElizabB4h OF50Pp 14/$/2~'I Z) #±~STORV !-)_ ADMINISTRATIVE EDIT -- LUMP SUM LUMP SUM NAME 'i No ~. PROJECT TYPES TCM EAP ': Local Streets and Roads -Traffic Signal Projects YES FOOTNOTES PROJECT INFORMATION .. _... ~ PROGRAM/AUTHORIZATION TYPE ID LEAD AGENCY RTP PAGE # Chula vista. City of EXEMPT CATEGORY Other-Intersection signalization projects RAS(LATEST RTP) RTP PAGE # ITS NO NO PROJECT TITLE RTIP !, Traffic Signal Upgrades 12-00 -RTIP !. PROJECT DESCRIPTION-GUIDEL.I^"=F.S traffic signals will be upgraded and modified in order to reduce the frequency of collisions MULTIPLE LOCATIONS '~ SYSTEM ROUTE Fourth Ave. and G Street; SeCOnd Ave. and 4uintard St.; Second Local Ave. and E Street; Fourth Ave. and F Street; Third Ave. and Naples St.; industrial Blvd. and Anita, Moss and Naples Streets '-''CONGESTION RELIEF !MAINTENANCE ' CAPACITY INCREASING PROJECT INFORMATION ONiY R£OI11RLt7 ;-ORCAPAC(TY INCREASING aROJECTS CAPACITY STATUS CMP PROJECT DIAGRAM ~~ ':.. Non-Capacity Increase 'PROGRAMMING INFORMATION. _ ... _. j :EST TOTAL PROJECT COST PROJECT COMPLETION DATE 'OPSIMAINT $1,474,465 MONTH YEAR PDFG°I~- ,oWNREPJRT ~r RnP=1~;~~ ~luesi ~I- ,RIBA s ~c~tiaes DEC 2014 I FISCAL YEAR FUND TYPE (PROGRAMMED REVENUE SOURCE) ENV / ENGR ROW Q TOTAL FY 2010 Loc Funds-City Funds $175,000 _., $0 _. $0 $175000. 10-12 'rojectTrak -Project View iY 2011 TranSNet -Local Streets Improvements '.. FY 2011 TranSNet -Local Streets Improvements Carry Over FY 2013 TransNet -Local Streets Improvements FY 2013 TransNet -Local Streets Improvements Carry Over FY 2014 TransNet -Local Streets Improvements Lo< 7ran'sNet Local St TransNet Local Streets Impro~ $sa,a7o : $o $iosas $ssoos $264,995 ~-$0 ' $0 $264,995-. $100,000 - $0 ~ , . $150 000 . $250 000'. $0 __ ._ $0 _ $239 465 __ $239466r . $so,ooo -$o $aoo 000 !. $dso ooo... Page 2 of 2 TRANSNETPAYMENTS '.'f5hnvr PayiY•eht v., Poora rmeAl ~. IF..vmant Commentisfl. '. TRANSNET PROGRAM SOURCE RECIPIENT PAYMENT DATE PAYMENT AMOUNT ' TransNet -Local Streets Improvements Sales Tax Chula Vista, Ciiy of APR 2012 $95,005 SU BTOTAL FV I2 ' - ~. -$95,005 TransNet -Local Streets Improvements Carry Over Sales Tax Chula Visa, City of DEC 2011 $260,000 TranSNet -Local Streets Improvements Carry Over Sales Tax Chula Vista, City of APR 2012 $4 995 .SUBTOTALFYI2 .,$264,995 p _ar- .. .'(OTAL „. ,. ., ,. Y F " a~ r - '... ..z W,.~360 OQU. '~i I ,,. -CHANGE REASON _ „. -. RISTORICAL COMM_N"s r. CHANGE REASON '.~ Carry over from 10-07 NARRATIVE DESCRIPTION - C1!IOANCE Add funding and carry over funds, add locations. I NARRATIVE (AUTOMATE) Changed Exempt Category: - from "Other - Intersection channelization projects." to "Other - Intersection ', signalizat ion projects." Change Multiple Locations: - from "Fourth Ave. and G Street; Second Ave. and 4uintard St.; Second Ave. and E Street; Fourth Ave. and F Street" to "Fourth P.ve. and G Street; Second Ave. and Quintard St.; Second Ave. and E ' Street; Fourth Ave. and F Street; Third Ave. and Naples St.; Industrial Elvd. and Anita, Moss and Naples Streets^ Changed Project Completion Date: - from "DEC 2012" to "DEC 2014" Increase Funding TransNet - Local Streets Improvements: - Decrease funds in FY 2011 in CON from $250,000 to $10,535 - Add funds in FY 2014 in ENG for $50,000, CON for $400,000 - Add funds in FY 2013 in ENG for $100,000, CON for $150,000 TransNet - Local Streets Improvements Carry GVeY: - Add funds in FY 2013 in CON for $239,465 Total project cost increased from $774,465 to $1,474,465 10-13 ~~ff~ arYtiF City of Chula Vista 2012/13-2016/17 Capital Improvement Program Project Description Report Department Responsible: ~ Public Works Project Intents: ~ Level of Service Project Description: Modification of traC<c signal at Anita Svee[ and Industrial Boulevazd. The work includes removal and relocation of existing lA s[andazds (10-R pole), installation of traffic signal LED indications, pedestrian push buttons, new signs, mast arms, and guardrail This project is listed m RTIP: FY13, CI-IV60 (Congestion Relief). The project will also involve widening a portion of Industrial Blvd. Funding is not included for this work. These projects are tied to a SANDAG project to widen the trolley crossing at + Anita Street east oClndustria] Blvd. Location Description Rail crossing at Anita Street east of Industrial Blvd. justification: This project will reduce and/or eliminate knockdowns of traffic signal standards due to the limited maneuverability of large vehicles, thereby unproving the safe movement of vehicles at this intersection and reducing accidents. This project will further save the CiTy from costly replacement of [mffrc signal standards and other equipment damaged as a result of these knockdowns. Total Estimated Cost: $404,536 Estimated Operation and ( SO Maintenance Cos[: Project'Cype: ~ Traffic ~~_.,, . ... ~ _,, _.. ..~ ;,~, ~ ~ EY ~ - hdi l~ ~ .. R. ... `~ '(I x '`~.. ' ate' _ _. _ r r~g . u ng .r f .,~ . .., , y. - P ~. Fund No Fund Name Previous / 3 2013/14 2014/15 2015/16 2016/17 Future 22500 Traffic Signal $204,536 ~ $0 $0 $0 $0 $0 22700 TransNet '"k $0 ~ ,. SOr $200,000 $0 $0 $0 $0 . Project Location: I Anita Sheet and Industrial Blvd. I ~~ ~"`~ x ~~ ,' ~~fs THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND ILL BE FORMALLY SIGNED UPON OVAL BY R. Googir Attorney Dated: ~ ~ S MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS CALTRANS, AND THE CITY OF CHULA VISTA REGARDING ENVIRONMENTAL DOCUMENTS FOR LRT GRADE SEPARATIONS AND STATIONS 10-15 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS CALTRANS AND THE CITY OF CHULA VISTA REGARDING ENVIRONMENTAL DOCUMENT FOR LRT GRADE SEPARATIONS AND STATIONS This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of , 2012, by and between the San Diego Association of Governments ("SANDAG"), and the City of Chula Vista ("Chula Vista') for the purpose of working cooperatively on an environmental document (ED) for grail/highway grade separation project at Palomar Street in Chula Vista. Individually, SANDAG and Chula Vista may be referred to as "Party" and collectively as "Parties." RECITALS The following recitals are a substantive part of this MOU: WHEREAS, Chula Vista has approximately $800,000 in Federal Demo funds to be used for the preparation of the ED. WHEREAS, Chula Vista has appropriated local match funding in the amount of at least $200,000 for the preparation of said ED; and WHEREAS, the ED required to clear a project that will separate rail and vehicular traffic and construct station improvements at Palomar Street is estimated to cost $900,000 of which $150,000 will be retained by Chula Vista for administrative costs and will be funded with DEMO grant funds and Chula Vista local match funds; and WHEREAS, the ED is a resulting effort of the Interstate 5 Multimodal Corridor Study and the Light Rail Trolley Improvement Study, which is included in the Regional Transportation Improvement Program (RTIP) as project CHV30; and WHEREAS, the current estimate for a new station and grade separation at Palomar Street is $40, 000, 000. WHEREAS, the current Trolley Blue Line ridership at Palomar Street is 20,000,000 riders/year, which exceeds the combined ridership of all other light rail trolley lines, including the COASTER and SPRINTER in the region; and WHEREAS, the grade crossings at Palomar Street is ranked number 4 in the Rail Grade Separation Rankings which is part of the 2050 Regional Transportation Plan; and WHERAS, the 2050 Regional Transportation Plan (2050RTP) adopted by the SANDAG Board of Directors on October 26, 2011 includes Table A.1 titled "Capital Improvements -Revenue Constrained Plan" a project titled "Blue Line Grade Separations (Taylor St, Washington/Sassafras St, 28`" St, 32ntl St, E St, H St, Palomar St) at an estimated cost of $550 million. Thus, SANDAG agrees the Blue Line is a high priority for future funding; and I~ RA~~ -2.2 io-is WHERAS, the 2050RTP includes Table A.2 titled "Capital Improvements -Revenue Constrained Plan" a project titled "Blue Line Grade Separations (Taylor St, Washington/Sassafras St, 28~" St, 32nd St, E St, H St, Palomar St) at an estimated cost of $861 million; and WHERAS, the 2050RTP includes Table A.9 titled "Major Capital Improvements -Unconstrained Network" a project titled "Blue Line Grade Separations. Thus, SANDAG agrees the Blue Line is a high priority for future funding; and WHEREAS, the ED is of regional importance to the Metropolitan Transit System (MTS), the California Department of Transportation (Caltrans), Chula Vista, SANDAG, as the installation of improvements considered under such ED are expected to reduce delays attributed to traffic congestion, permit increased frequencies of the Trolley, and improve mobility, goods movement, and safety in the I-5 Corridor; and WHEREAS, Chula Vista and SANDAG will be the co-lead agencies and administer the ED in cooperation with, MTS, and Caltrans; and WHEREAS, SANDAG intends to utilize its on-call engineering services consultants to complete the ED as described in this MOU; and WHEREAS, funding for the development of the ED from the federal discretionary funds will be paid to Caltrans via a Federal Fund Transfer Agreement (EFTA), and Chula Vista and Caltrans intend to enter into an agreement to authorize Chula Vista to reimburse SANDAG for all ED costs from funds provided by the EFTA; and WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. The purpose of the ED is to environmentally clear the construction of a grade separation at Palomar Street as well as related improvements to the Trolley station. The ED report will be prepared with input from and in cooperation with the MTS, Caltrans, Chula Vista, and SANDAG. 2. The budget for the ED shall not exceed $750,000; however, in the event that Chula Vista needs to exceed this amount, Chula Vista will meet with Caltrans and SANDAG to discuss whether an amendment to this MOU is appropriate. In no event shall SANDAG move forward with the ED until the parties are able to identify sufficient funds to complete the work. 3. SANDAG shall receive an amount not to exceed $750,000 for ED costs. All expenses incurred by SANDAG for the ED, including consultant costs, claims, litigation, or other liability, shall be reimbursed by Chula Vista 4. The funds for the ED shall be expended as follows: ~R~ 10-17 -3-3 a. An amount not to exceed $650,000 for consultant services, including SANDAG administrative costs. b. An amount not to exceed $100,000 as consultant contract contingency. 5. SANDAG shall use one or more of its existing on-call engineering consultants to perform work on the ED. 6. SANDAG shall invoice Chula Vista no more than once per month. Chula Vista shall make payment to SANDAG within 45 days of receipt of an invoice submitted by SANDAG for ED costs. SANDAG shall have no obligation to perform under this MOU and shall not assign work to any of its consultants on the ED until after the agreement between Chula Vista and Caltrans is executed. SANDAG may terminate work on the ED if it is not reimbursed by Chula Vista within 45 days of submitting an invoice. 7. Chula Vista agrees to provide staff support and cooperation on the ED, including, but not limited to, any staff support or cooperation needed to defend any claims or litigation that may arise on the Study. To the extent that staff support or cooperation is needed to defend claims or litigation, such support and cooperation shall not include any monetary expenditures or cost sharing. 8. During the term of this MOU, the Parties shall be responsible for the storage and maintenance of their respective electronic data collected for use on the ED. The Parties shall provide a secure site to allow access to this data to selected staff who shall be designated by the respective Party. All work products resulting from this MOU and consultant deliverables shall be the property of Chula Vista. 9. Neither Chula Vista nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless Chula Vista, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defned in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. 10. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Chula Vista under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, Chula Vista shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Chula Vista under this MOU. 11. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG For the City of Chula Vista 401 B Street, Suite 800 Engineering Department San Diego, CA 92101 276 Fourth Avenue ~~ ~` ~~ 10-18 -a-a Attn: John Dorow Chula Vista, CA 91910 John Haggerty Attn: Frank Rivera 12. That unless it is amended by the Parties in writing, this MOU shall terminate on September 30, 2013, or on such earlier or later date as the Parties may agree to in writing. 13. The indemnification provisions of this MOU shall survive termination of the MOU. 14. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 15. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 16. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 17. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 18. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third Parties to this MOU or affect the legal liability of the Parties to this MOU to third parties. 19. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. 20. This Agreement shall be deemed executed on the date on which the last Party signs this MOU. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA GARY L. GALLEGOS Execnutive Director ~n~~~~ 10-19 RICHARD A. HOPKINS Director of Public Works/City Engineer -5-5 APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel Glen R. Googins, City Attorney ~R A~~ _6.6 io-zo THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY C,OUNC,3~~ l~ Gleri R. Googir City Attorney Dated: ~ ~ 1 2-- MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS CALTRANS, AND THE CITY OF CHULA VISTA REGARDING BLUELINE STATIONS PROJECT SANDAG CONTRACT NUMBER 1210030 10-21 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING BLUELINE STATIONS PROJECT SANDAG CONTRACT NUMBER 1210030 This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of 2012, by and between the San Diego Association of Governments ("SANDAG") and the City of Chula Vista ("Chula Vista") for the purpose of working cooperatively on improvements to Moss StreeUlndustrial Boulevard and Naples StreeUlndustrial Boulevard intersections. Individually, SANDAG and Chula Vista may be referred to as "Party" and collectively as "Parties." RECITALS The following recitals are a substantive part of this MOU: WHEREAS, SANDAG and the City of Chula Vista have planned rail crossing improvements, new traffic signal improvements, and appurtenant roadway improvements at the intersections of Industrial Blvd and Moss Street, and Industrial Blvd and Naples Street herein after defined as the Project; and WHEREAS, Chula Vista has budgeted $250,000 towards signal improvements and appurtenant roadway improvements in their Capital Improvement Project (TF-383) "Traffic Signal Installation at Industrial Boulevard and Moss Street and Industrial Boulevard and Naples Street Intersections'; and WHEREAS the City of Chula Vista has agreed that SANDAG will be the lead for the Project and thus will contribute to SANDAG a total of $240,000 from local Traffic Signal funds currently assigned to Regional Transportation Improvement Program (RTIP) as project CHV-60 to SANDAG Project CIP 1210030 entitled Blue Line Stations Project, for Improvements to Moss StreeUlndustrial Boulevard and Naples StreeUlndustrial Boulevard intersections (Improvements); WHEREAS, Chula Vista has agreed that the contribution of local Traffic Signal funds from Chula Vista Traffic Signal Project TF-383 in the amount of $240,000 will be for the preparation and construction of traffic signal improvements at Moss Street and Industrial Boulevard, and Naples Street and Industrial Boulevard; WHEREAS, the balance of $10,000 budgeted in TF-383 of the local Traffic Signal Installation fund RTIP project CHV60 shall be held by the City of Chula Vista and used towards plan check and inspection fees by City of Chula Vista for the improvements, and no invoice to SANDAG for plan check and inspection will be required; WHEREAS, the improvements are part of the Blueline Upgrade Project, which is included in the Regional Transportation Improvement Program as project SAN66; WHEREAS, the Improvements are of regional importance to the Metropolitan Transit System (MTS), Chula Vista, SANDAG, and the public, as their installation is expected to reduce delays attributed to traffic congestion, permit increased frequencies of the Trolley, and improve mobility, goods movement, and safety; WHEREAS, SANDAG will be the lead agency and administer the construction contract in cooperation Revision date 6/13/2012 10-22 with Chula Vista; WHEREAS, SANDAG intends to utilize its on-call engineering services consultants to complete the design as described in this MOU; WHEREAS, in FY12/13 SANDAG intends to construct the Project as part of the Blueline Stations Project, SANDAG project No.1210030; and WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: To coordinate design and construction of improvements at Moss Street/Industrial Boulevard and Naples Street industrial Boulevard intersections and Moss Street and Naples Street railroad grade crossings including but not limited to installing a new traffic signal, installing curb gutter and sidewalk, raised center medians, pavement overlay, and pavement delineation and signage to improve rail and traffic capacity and operation. SANDAG shall prepare the improvement plans for construction in cooperation with City of Chula Vista. SANDAG-shall be responsible for approval of the railroad improvement plans by the rail operating entity, San Diego Trolley, and by the California Public Utilities commission (CPUC). Chula Vista shall review and approve street improvement, traffic signal and traffic handling plans as prepared by SANDAG. SANDAG will bid the approved plans, award a construction contract and manage the construction of the project including inspection and changes. SANDAG may at its discretion bid and construct the Project in a larger construction contract as part of the SANDAG CIP program. Chula Vista shall provide access including permits, right of entry and use of city rights-of-way for the construction of the Project. Chula Vista shall have access to construction site(s) for review of construction progress and acceptability for work within the City right-of-way. Review of construction by Chula Vista shall be at no additional cost to the Project. Chula Vista shall notify SANDAG of work not found to be compliance with the Project construction documents. SANDAG will evaluate identified non-compliant work and notify Chula Vista of corrective actions. SANDAG shall confer with Chula Vista prior to authorizing changes to the project that effect safety, operations, maintenance, cost or project completion. Substantive changes to the project work or cost within the City right-of-way shall require concurrence by Chula Vista for approval of design and additional funding, if required. 3. Chula Vista contribute an not to exceed $240,000 to SANDAG to be used for Project costs for the Improvements within city right of way. This amount shall be transferred to SANDAG in FY 12!13 and be compensation for expenses incurred by SANDAG for the design and construction of the Project, including consultant costs, construction cost, claims, litigation, or other liability. In the event SANDAG believes this amount will be exceeded, it will notify Chula Vista, and the parties will meet to discuss whether an amendment to this MOU is appropriate. a. SANDAG shall provide Chula Vista with invoices detailing the expense incurred and any supporting documents requested by Chula Vista prior to payment of any invoice. 4. Chula Vista agrees to provide staff support and cooperation on the improvement plan review and approval, including, but not limited to, any staff support or cooperation needed to defend any claims or litigation that may arise on the design. To the extent that staff support or cooperation is needed to defend claims or litigation, such support and cooperation shall not include any monetary expenditures or cost sharing. Revision date 6/13/2012 CRAFT io-zs 5. Neither Chula Vista nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless Chula Vista, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. 6. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Chula Vista under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, Chula Vista shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Chula Vista under this MOU. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors or Transportation Committee. 8. Any notice required or permitted under this MOU may be personally served on the other Party, by the Party giving notice, or may be served by certifed mail, return receipt requested, to the following addresses: For SANDAG For the City of Chula Vista 401 B Street, Suite 800 Public Works Department San Diego, CA 92101 276 Fourth Avenue Attn: Chip Finch Chula Vista, CA 91910 Attn: Frank Rivera 9. That unless it is amended by the Parties in writing, this MOU shall terminate on June 30, 2014, or on such earlier or later date as the Parties may agree to in writing. 10. The indemnification provisions of this MOU shall survive termination of the MOU. 11. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 12. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 13. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Revision date 6/13/2012 10-24 '1nn.C7 14. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 15. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third- parties to this MOU or affect the legal liability of the Parties to this MOU to third-parties. 16. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. 17. This Agreement shall be deemed executed on the date on which the last Party signs this MOU. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHUTA VISTA Gary L. Gallegos Executive Director APPROVED AS TO FORM: Office of General Counsel ~R A~~ Revision date 6/13/2012 Richard A. Hopkins Director of Public Works/City Engineer APPROVED AS TO FORM: Glen R. Googins, City Attorney 10-25 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY TIC cITY co1~ICIL / _, ----~ Glen I~. Googir City Attorney Dated: ) ~J I MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS CALTRANS, AND THE CITY OF CHULA VISTA REGARDING SOUTHLINE FREIGHT CAPACITY PROJECT SANDAG CONTRACT NUMBER 1300602 10-26 ~~~~~~°~ A - 3 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SOUTHLINE FRIEGHT CAPACITY PROJECT SANDAG CONTRACT NUMBER 1300602 This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of _, 2012, by and between the San Diego Association of Governments ("SANDAG") and the City of Chula Vista ("Chula Vista") for the purpose of working cooperatively on improvements to Anita StreeUlndustrial Boulevard Intersection. Individually, SANDAG and Chula Vista may be referred to as "Party" and collectively as "Parties." RECITALS The following recitals are a substantive part of this MOU: WHEREAS, SANDAG and the City of Chula Vista would like to construct planned rail crossing improvements, signal modifications and appurtenant roadway improvements at the intersection of Industrial Blvd and Anita Street; and WHEREAS, Chula Vista has budgeted $404,536 towards signal modifications and appurtenant roadway improvements in their Capital Improvement Project (TF-319) "Signal Modification -Anita & Industrial"; and WHEREAS the City of Chula Vista has agreed that SANDAG will be the lead for this improvement project;that will upgrade the rail-crossing, the rail-crossing equipment, pedestrian pathways, traffic signal modifications and widen the north leg of the intersection with Industrial Blvd; and .WHEREAS, in FY13/14 to coincide with the construction schedule, Chula Vista will contribute a total of $390,000 to SANDAG for the performance of the Work. $200,000 of the contribution will be from local Transnet funds and $190,000 in Traffic Signal funds currently assigned to Regional Transportation Improvement Program (RTIP) as project CHV-60 to SANDAG Project CIP 1300602 entitled South Line Freight Capacity Project, for Improvements to Anita StreeUlndustrial Boulevard intersection (Improvements); and WHEREAS, Chula Vista has agreed that the contribution of local Traffic Signal funds from Chula Vista Traffic Signal Project TF-319 will be for the preparation and construction of traffic signal improvements at Anita Street and Industrial Boulevard; and WHEREAS, the balance of $14,536 budgeted in TF-319 of the local Traffic Signal fund RTIP project CHV60 shall be held by the City of Chula Vista and used towards plan check and inspection fees by City of Chula Vista for the improvements, and no invoice to SANDAG for plan check and inspection will be required; and WHEREAS, of the $390,000 contribution, the $200,000 from local Transnet funds shall be used for the appurtenant roadway improvements such as curb, gutter, pavement, sidewalk, pavement delineation, signage, and pedestrian ramps; and WHEREAS, the improvements are part of the Blue Line Upgrade Project, which is included in the 10-27 '~RA~~ Regional Transportation Improvement Program as project SAN66; and WHEREAS, the Improvements are of regional importance to the Metropolitan Transit System (MTS), Chula Vista, SANDAG, and the public as their installation is expected to reduce delays attributed to traffic congestion, permit increased frequencies of the Trolley, and improve mobility, goods movement, and safety; and WHEREAS, SANDAG will be the lead agency and administer the construction contract in cooperation with Chula Vista; and WHEREAS, SANDAG intends to utilize its on-call engineering services consultants to complete the design as described in this MOU; and WHEREAS, SANDAG intends to construct the improvements as part of the South Line Freight Capacity Project, SANDAG project No.1300602; and WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. To coordinate design and construction of improvements at Anita StreeUlndustrial Boulevard railroad grade crossings including but not limited to installing a new traffic signal, installing curb gutter and sidewalk, raised center medians, pavement overlay, and pavement delineation and signage to improve rail and traffic capacity and operation. SANDAG shall prepare the improvement plans for construction in cooperation with City of Chula Vista. SANDAG shall be responsible for approval of the railroad improvement plans by the rail operating entity, San Diego Trolley, and by the California Public Utilities commission (CPUC). Chula Vista shall review and approve street improvement, traffic signal and traffic handling plans as prepared by SANDAG. 2. SANDAG will bid the approved plans, award a construction contract and manage the construction of the project including inspection and changes. SANDAG may at its discretion bid and construct the Project in a larger construction contract as part of the SANDAG CIP program. Chula Vista shall provide access including permits, right of entry and use of city rights-of-way for the construction of the Project. Chula Vista shall have access to construction site(s) for review of construction progress and acceptability for work within the City right-of-way. Review of construction by Chula Vista shall be at no additional cost to the Project. Chula Vista shall notify SANDAG of work not found to be compliance with the Project construction documents. SANDAG will evaluate identified non-compliant work and notify Chula Vista of corrective actions. SANDAG shall confer with Chula Vista prior to authorizing changes to the project that effect safety, operations, maintenance, cost or project completion. Substantive changes to the project work or cost within the City right-of- wayshall require concurrence by Chula Vista for approval of design and additional funding, if required. 1. 2. Chula Vista will pay SANDAG an amount not to exceed $390,000 in FY13/14 to be used for /~ ~ 1 ~R ~- io-2s Improvement costs and shall include all expenses incurred by SANDAG for the Improvements, including consultant costs, construction cost, claims, litigation, or other liability. a. SANDAG shall provide Chula Vista with invoices detailing the expense incurred and any supporting documents requested by Chula Vista prior to payment of any invoice. 3. The funds for the Improvements from the City of Chula Vista can be expended for both the design and construction at SANDAG's discretion. 4. SANDAG shall use one or more of its existing on-call engineering consultants to pertorm work on the Improvements. 5. Chula Vista agrees to provide staff support and cooperation on the Improvement plan review and approval, including, but not limited to, any staff support or cooperation needed to defend any claims or litigation that may arise on the design. To the extent that staff support or cooperation is needed to defend claims or litigation, such support and cooperation shall not include any monetary expenditures or cost sharing. 6. Prior to contract being awarded, SANDAG and City of Chula Vista shall meet and review the bids, and both agencies shall agree on the bid chosen. 7. SANDAG shall implement this work as part of the South Line Freight Capacity Project 8. Neither Chula Vista nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless Chula Vista, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, orjurisdiction delegated to SANDAG under this MOU. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Chula Vista under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, Chula Vista shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Chula Vista under this MOU. 10. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors or Transportation Committee. 11. Any notice required or permitted under this MOU may be personally served on the other Party, by the Party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG For the City of Chula Vista 401 B Street, Suite 800 Public Works Department San Diego, CA 92101 276 Fourth Avenue Attn: Chip Finch Chula Vista, CA 91910 Attn: Frank Rivera ~R~~~ 10-29 12. That unless it is amended by the Parties in writing, this MOU shall terminate on July 31, 2014, or on such earlier or later date as the Parties may agree to in writing. 13. The indemnification provisions of this MOU shall survive termination of the MOU. 14. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 15. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 16. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 17. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 18. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third- parties to this MOU or affect the legal liability of the Parties to this MOU to third-parties. 19. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. 20. This Agreement shall be deemed executed on the date on which the last Party signs this MOU. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHUTA VISTA Gary L. Gallegos Executive Director APPROVED AS TO FORM: Richard A. Hopkins Director of Public Works/City Engineer APPROVED AS TO FORM: ~r ~ ~T io-so Office of General Counsel Glen R. Googins, City Attorney s,-, '-, a. r T 10-31 RESOLUTION NO. 2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JULY 2012 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2012/2013 THROUGH 2016/2017, PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve amulti-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2012 the City Of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2013 through 2017; and WHEREAS, staff and SANDAG would like to work collaboratively on several rail corridor improvements through the City of Chula Vista; and WHEREAS, the TransNet Local Street Improvement Program of Projects for Fiscal Years 2012/2013 through 2016/2017 has the following projects: CHV 30 - I-5 Multi-Modal Corridor Improvement Study (STM 361); CHV 60 -Traffic Signal Upgrades (TF 319 & TF 383); and WHEREAS, the City of Chula Vista has held a noticed public meeting on June 19, 2012, with an agenda item that clearly identified the proposed list of amended projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance-related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians 10-32 Resolution No. Page 2 and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be cleazly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionazy funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,165, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransNet funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the TransNet Local Street Improvement Program of Projects for Fiscal Years 2012t O~ough 2016/2017 for inclusion in the RTIP. ~ ~~ Presented by Richard A. Hopkins Director of Public Works Attorney 10-33 RESOLUTION NO. 2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO THREE MEMORANDA OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS RELATED TO IMPROVEMENTS TO THE BLUE LINE LIGHT RAIL AND FREIGHT RAIL CORRIDOR, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NONSUBSTANTIVE CHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENTS WHEREAS, the City desires to work with SANDAG in order to make rail corridor improvements through Chula Vista; and WHEREAS, the City and SANDAG each have projects in the RTIP related to making these rail corridor improvements; and WHEREAS, the projects lie entirely within the jurisdiction of the City of Chula Vista, but technical assistance on a regional level is required of SANDAG for improvements within and adjacent to the rail corridor; and WHEREAS, in order to determine ultimate light rail trolley improvements and make at- grade rail crossing improvements through Chula Vista, it is necessary to enter into three Memoranda of Understanding (MOUs) with SANDAG to define funding, cost sharing and roles between City, SANDAG, and SANDAG's consultant team; and WHEREAS, the initial MOU will be for the purposes of preparing an environmental document that will consider project alternatives for grade-separating the Blue Line Light Rail Trolley crossing at Palomar Street and commensurate station improvements (STM-361); and WHEREAS, the second MOU will be for the purpose of constructing ultimate rail crossing improvements and roadway improvements at Industrial Blvd. and the intersections with Moss St. and Naples St. (TF-383); and WHEREAS, the third MOU will be for the purpose of constructing ultimate rail crossing improvements and roadway improvements at Industrial Blvd. and the intersection with Anita St. (TF-319); and WHEREAS, in order for the City to utilize the Federal funds for this study, the consultant selection process must be approved by Caltrans; and 10-34 Resolution No. Page 2 WHEREAS, on September 17, 2008, Caltrans' District Local Assistance Engineering (DLAE) staff determined that a SAFETEA-LU (Safe, Accountable Flexible, Efficient, Transportation Equity Act: A Legacy for Users) fund co-sponsor change was needed by the City of Chula Vista in order to utilize the SANDAG On-Call consultant list; and WHEREAS, SANDAG has confirmed that all procedures for selecting the consultant have followed Caltrans Chapter 10 of the "Local Assistance Procedures Manual", LPP 06-02; and WHEREAS, approving these MOUs expedites the consultant selection process by at least six-months; and WHEREAS, the Federal reimbursement fund requires a minimum of 20% local matching funds and the City has identified TransNet funds for the match; and WHEREAS, once Federal authorization to proceed is given, City staff will begin to seek reimbursement on expenses through Caltrans via the Federal fund reimbursement procedures; and WHEREAS, each of the three MOU's defines City, SANDAG, and consultant costs; and WHEREAS, in July 2012, the SANDAG Transportation Committee will also approve entering into three MOU's with the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby agree to enter into three Memoranda of Understanding with the San Diego Association of Governments related to improvements to the Blue Line Light Rail and Freight Rail corridor and authorize the City Attorney to make such non substantive changes deemed necessary for the benefit of the City and authorize the Director of Public Works to execute the agreements. Presented by Richard A. Hopkins Director of Public Works 10-35