HomeMy WebLinkAbout2007/03/20 Item 3
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
-~ CHUlA VISTA
3/20/2007
Item ---3-
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ApPROVING THE SECOND AMENDMENT TO THE
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORT A T10N (CAL TRANS) REGARDING THE 1-
80S/OLYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE, AND
AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT.
CITY ENGINEER S J /
INTERIM CITY MANAGER (jl
ITEM TITLE:
4/5THS VOTE: YES
NO X
BACKGROUND
In order for roadway improvements related to the 1-805 Interchange at East Orange
A venue/Olympic Parkway to occur within the state right-of-way, a Cooperative Agreement (COOP)
between Caltrans and the City was required per the Streets and Highways Code. Caltrans and the
City signed a COOP for the construction of the interchange improvements, which was approved on
May 6,2003, by Resolution No. 2003-175. The COOP identified the roles and responsibilities of
Caltrans and the City as well as associated financial responsibilities. In order to complete additional
work at Main Street, as part of a construction change order, the COOP was amended on May 24,
2005 to extend the project limits further to the south. Caltrans and the City recommend that the
COOP agreement be further amended to modify the landscape maintenance period from 36-months
to 20-months.
ENVIRONMENTAL REVIEW
The I-80S/Olympic Parkway Orange Interchange Project, construction change orders and
previously approved COOP agreement have been reviewed and evaluated pursuant to the
requirements of the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEP A). The following environmental documents have been
approved in reference to previous actions associated with the proj ecl:
On May 6, 2003, the City of Chula Vista City Council adopted a Mitigated Negative
Declaration/Environmental Assessment (IS-00-49) for the overall I-80S/Orange Avenue
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project. In accordance with NEP A, the Federal Highway Administration (FHW A) also
issued a Finding of No Significant Impact (FONSI) on May 27,2003.
. On January 22, 2004, both Caltrans and the FHW A determined the northbound on-ramp
work to be Categorically Exempt, under Class I Section 15301 of the California State
Resources Guidelines. The project also met the criteria for Categorical Exclusion under
NEPA, Section 771.117 (d) (I).
. The proposed construction change order for the southbound on-ramp at I-805/Main
Street! Auto Park Drive interchange and under-crossing was evaluated under an
Environmental Reevaluation/Addendum for the I-805/East Orange Avenue/Olympic
Parkway Interchange Project Final Mitigated Negative DeclarationlFinding of No
Significant Impact dated May 2005 that was approved by Caltrans and FHW A.
. The original COOP was determined to be Categorically Exempt pursuant to the State
CEQA Guidelines Section 15061(b)(3). The first amendment to the COOP was
determined to be covered under the above mentioned previous environmental approvals.
Based on the above, the City's Environmental Review Coordinator has reviewed the proposed
second amendment to the COOP agreement and determined that there are no substantial adverse
changes in the project, the setting, or circumstances surrounding the project. The proposed
amendment will modify the landscape maintenance period, however overall construction and
landscaping standards will continue to be met pusuant to Caltrans state standards. No further
environmental review or documentation is necessary.
RECOMMENDATION
That Council adopt the Resolution approving the Second Amendment to the Cooperative
Agreement with the State of California Department of Transportation (Caltrans) regarding the 1-
805/01ympic Parkway-Orange Avenue interchange and authorizing the Mayor to sign the
Second Amendment.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Streets and Highways Code sections 114 and 130 require a COOP in order for the City to
perform work within the state's right-of-way. The COOP must identify the roles and
responsibilities of the participating agencies (Caltrans and the City of Chula Vista in this case),
and include related funding arrangements. The work on the I-805/East Orange Avenue/Olympic
Parkway interchange project required both work within the state right-of-way and work outside
of the state's right-of-way. Since the City is considered to be the project applicant and
administrator with Caltrans providing oversight at a projected cost of approximately $2.0
million, Caltrans and the City signed a COOP for the construction of the interchange
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improvements (see Attachment I), which was approved on May 6, 2003, by Resolution No.
2003-175 (see Attachment 2).
First Amendment to Cooperative Agreement approved on May 24, 2005
As part of the I-805/East Orange Avenue/Olympic Parkway interchange project, some of the
construction work at the southerly limits extended onto Main Street and the Main Street
interchange area. The original project added a southbound auxiliary lane on the freeway
between East Orange Avenue and the southbound off-ramp at Main Street, in part due to Coors
Amphitheatre events. The project also provided for widening the southbound off-ramp and
traffic signal modifications. The original contract did not include any work on the two Main
Street on-ramps, only the southbound off-ramp.
Since the northbound and southbound intersections of Main Street with I-80S ramps were
operating at a poor level of service due to the high number of left-turns and right-turns onto the
freeway, both Caltrans and the City were interested in constructing interim improvements on the
two on-ramps until such time as the ultimate improvements could be determined and financed.
In the interim, the Main Street under-crossing and on-ramp improvement construction change
order to the I-80S/Orange Avenue project required some widening to the north curb line of Main
Street east of I-80S in order to provide for an additional westbound-to northbound right-turn lane
onto northbound I-80S. In addition, the Main Street under-crossing of I-80S was re-striped to
provide an additional westbound-to-southbound left-turn lane onto southbound I-80S within the
existing curb-to-curb paved roadway. Both the northbound on-ramp and the southbound on-
ramp were widened to accept the dual lanes. Recent traffic studies show that the ramps are
operating at improved levels of service even with the recent completion of the Crossings
Shopping Center and several automobile dealerships over the past year. Without these interim
improvements at Main Street, traffic studies for these recent projects would have shown that
threshold standards had been exceeded and these large commercial projects would likely have
been delayed significantly or not approved.
In order to complete the work on the southbound on-ramp to Main Street, the COOP was
amended on May 24, 2005 (see Attachment 3), per Council Resolution #2005-167 (see
Attachment 4) to extend the project limits further to the south in order to incorporate all of this
southbound on-ramp work area. The existing limits of work as shown on the original plans did
not anticipate this ramp work and consequently, the COOP limits needed modification.
Therefore, in order to be consistent with the revised plans and allow the contractor to work in the
area not originally identified, Caltrans recommended that the southerly project limits be revised
an additional 0.6-mile further south in order to include all the revised area of work and traffic
control devices. All other terms and conditions of the original COOP remain in full force and
effect.
By constructing these improvements as part of the I-805/East Orange Avenue/Olympic Parkway
interchange, the City, Caltrans and SANDAG received the benefit of reduced construction costs
in comparison to a stand alone project, and of accommodating existing traffic volumes so that the
local street traffic and the on/off-ramp traffic queues would be reduced. SANDAG provided a
post-authorization augmentation to the project of approximately $l.4M toward funding the work
related to the northbound on-ramp.
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3/20/2007 , Item~
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Proposed Second Amendment
In the current COOP, the City is responsible for:
. Maintenance of Project landscape within State's right-of-way for 36 months from date of
completion of construction;
. Maintenance of existing facilities within construction disturbance limits that service areas
within the Project limits but are outside of the construction disturbance limits;
. Paying all costs for Project related landscape maintenance costs including water costs for
36 months from date of completion of construction;
. Repairing any deficiency during that 36 months that is within the Project's disturbance
limits or damaged by construction or landscape maintenance activities.
The City is NOT responsible for landscape within the state's right-of-way that is not within the
construction disturbance limits.
To that end, during development of the COOP, Caltrans and the City separated out the project
landscaping limits to identify project-related landscaping (located within the construction
disturbance areas) and unaffected landscaping (located in existing facilities area).
Approximately 55% of the landscaping located within the project limits on 1-805 was replaced
(disturbed) with the City's project making the City responsible for 55% of the costs and Caltrans
responsible for 45% of the costs during the 36-month landscape maintenance period ending on
February 28, 2009. The fiscal impact to the City remains unchanged.
It has proven difficult to separate Caltrans maintenance work with City contractor plant
establishment work according to the originally agreed upon 55%/45% split during the 36-month
landscaping maintenance period that commenced on March I, 2006. Caltrans and City staff have
agreed that it is preferable to reduce the landscape establishment period to 20-months (55% of
the original 36-month period) with the City assuming 100% of the costs for a prorated shorter
amount of time. Caltrans would then assume 100% of the costs earlier thereby achieving the
55%/45% split in a more practical way. This modification allows the City to close out this
project l6-months sooner with the landscaping maintenance period ending on October 31, 2007
rather than February 28,2009.
Caltrans has prepared and tentatively approved the second amendment, which reduces the
maintenance period from 36 months to 20 months (see Attachment 5).
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT
These actions have no impact on the General Fund. The project is funded with local
development impact fees, state and federal funds. Total costs associated with this responsibility
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do not change, but rather are compacted into the amended landscape maintenance period
(originally 55% for 36 months amended to 100% for 20 months).
ATTACHMENTS
I. Cooperative Agreement No. 11-0601 dated May 6, 2003
2. Resolution 2003-175 dated May 6,2003
3. Amendment to Cooperative Agreement No. 11-060 II Al
4. Resolution 2005-167 dated May 24, 2005
5. Second Amendment to Cooperative Agreement
Prepared by: Frank Rivera, Principal Civil Engineer, Engineering Department
J:IEngineerIAGENDAICAS2007103-13-07ISTM 328 Cn-Op Agreement rev.doc
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ATTACHMENT
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015563
,~
i 1-SD-80~
KP 5.9/8.1 (pM 3.7/5.0)
EA 1565831234000
Agr==tNo.11-j)60~
. Ic80510rarige Avenue
Construction
COOPERATIVE AGREEMENT .
TIllS AGREEMENT, EN'I'EREO INTO AND.EFFECTIVE ON tvto.. Y co,::2CO;3; is between
the S1:'ATE OF CALIFORNIA; acting by and thrOUgh its Department ofTni.nspOrtation, refen:edto
herein as "STATE" .and - .
, .
CITY OF CHULA VISTA, a body politic and a
municipal corporation of the State - of . California,
referred foherein as "CITY\
RECITALS
1. STATE and CITY pursuant to Streets and High..;yays Code Sections 114 and 130, are
authorized. to enter into a Cooperanve Agreement for improvements to State highways
within City of Chula Vista. .
2. CITY desires to construct STATE highway improvements consistiUg of a modification of
the Orange A veriue Interchange, traffic signals and sound barrierS on Interstate 805 froni
Mllin Street/Auto Park Drive to EaSt Palomar SU:eet, r,eferred to Jiereinas "PROJECT" and
is responsible to identify and provide Olle hundIed percent (100% Jof fun,diog for ail capitai
outlay and staffing costs, asset forth in ~ Agreement. -
3. CITY desires to prepare c6ntractdocumeilts, advertise, award and.;uimini<rter a cQnstruction.
contract for PROJECT. . .
4. The project development, indl,ldingbut. not limited to, Project ReportlEnYironmental
DO'cument (pRJED) and Plans, SpecificationS and Estima;te (PS80E), were coverediri.
Cooperative Agreement No. il-8232, executed by STATE and 'CITYon April 9,2002,
STATE Document No. 015322 (CITY Resolution No. 2002-099).- - .
5. The parties hereto intend to define herein terms ari.d conditions under which PROJECT is
to be constructed, financed and maintained. .
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SECTIoN I
CITY AGREES: .
L To provide all necessaxy engineering including plans,specificatio:os .and utility
identification, location, relocation plans, and. "As-BUilt" plans for PROJEcr and be
responsible to identify and proVide Qne hundred p=erit (leO %)6f expense thereof, sul;lject. .
to approval by STATE. . .
2. To secure all required permits, including but not limited to Regional Water Quality Control
Board number 401, U.S. Corps of En~rs number 4G4, Department. of Fish and Game
nllinber 160.1, and Coastal Zone, prior. to issuing a Notice to Proceed to Conlractor selected
to.construct PROJECT.
3. To advertise, award arid administer constrilctioi:1 contract foiPROJECT in accordance with
requirements of state ~Contr~ct Act, Local Agency PUblic. Constl'licti.an Act and California
Lab6; Code, including its.PEevailing wage proyisions. Workers employed in perfcirmance of
werk contracted for by CITY, and/or performed under encr<XICbmentpemllt, are cciveredby
provisionS of Labor Codem S1lIlle IIlanner as arewbrkers emPlOYed. by STATE's
Contractors. CITY shall obtain applicable wage rates fro'm.Staj:eDepartment of Industrial
Relations and shall adhere to appliCable. proViSions of State Labor Code. Violations shall be .
reported to the State Department ofInclu,strial Relations.
4. To .awardacoritract for construction of PROJECT to the lowest responsible bidder. CITY
will not award a contract Without written concurrence.by STATR:
5. To advertise and award PROJECT in. accordance with mest cUrrent published Local
Assistance Procedures Manual and amendments thereof. .. .
6. To forward, within 10 days of .contract award to SlA1B, District 11 Local Assistance
Program Manager, all official ~imtiact ioformation; including .contract award amouot,
contract award date and bid summary.of successfurbidder. Failure to comply.will cause.
delays in the STATE processing invoices for the construction phase: Please refer to Section.
15 .7- Awards Package of the Local Assistance Procedures Manual.. .
7. To comply with Disadvantaged Business Entel:ppse (DBE) prognui1Guidelines io
ad,vertLsing, awarding, and reportiiig DBE utiljzation for PRoJECT io accordance with the
Annual DBEPTogram approved by STATE's District 11 Local Assistance EngiD.eer.
8. To apply for a necessary, fee exempt, encroachment permit(s) for required work within.
STATE highway right cifway in accordance with STATE's standard peimitprocedwis, as
more specifically defined io Articles (3),(4), (5) and (6) of Section ill of this Agreement.
9. In recognition that PROJECT construction work done on STATE's' property will not be
directly funded arid paid by STATE, for the pUl:pose of protecting stop notice claimant;s and
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the interests of STATE relative to, succ~sful PROJECT completion, CITY agrees to require
the construction contractor furniSh both a. payment SIid pcrfomiance ,bond namitig CITY as
obligee 'With ,both bonds complying 'With thC requirements set forth in Section 3-1.02 of
STATE's cUrrent Standarrl Sped,ficati.ons ,prior to performing any PRO~CT construction
work. CITY.shall defend; .i:p.demDify" and hold bmiJIess' STATE and all its officers and
'employees from all claims by stOP notiCe c1.im''''lB related 1D !he construction of PR-QJECf under
the payment bond. :' ' ' '
Ill. . Contract Administration procedUres. shall conform to requirements set forth in STATE's
Constructio'; Manual, Local AssistanCe Procedures Manlial' and EncrQacliment Permit for
conStruction of PROJECT.
11. Construction within existing or i1!tiniate 8T ATE right of way shall comply with
requirements in HSTA TE's Stimdard Specifications, Standard Plails, PROJECT Special
Provisions and Plans, and in conformance with methods and practices sPecified in STATE's
Construction Manual, and subject to approval of STATE lteSident Engineer for oversight [m
accordance with Articles (2) aild (3) of Section II].
12, CITY desires to use STATE staff to perform surveys as REIMBURSED WORK. Such
surveys performed shall conform' to methods, procedures, and requirements of STATE's
Surveys Manual and ,STATE's Staking Information' Boek1et, and subject to approval of
STATE Resident Engineer for oversight Final project iurveys will incl~e'fuia.iright of
way monumentation in accordance VlithDistrict 11 Survey Branch policy and p~dirres.
13. CITY desires to use STATE ,staff to perform mate~al testing and quality cOJi.trol as
.REIMBURSED woRk 'Such work shall confoim to' S:rATE's Construction Manual and
STATE's MaterialsT estirig ManUal and be performed, at PROJECT's expense. Independent
assurance, testing, 'speciaity testing ,and off"site Source inspectlon' and testing shall, be,
performed by STATE, at PROJECT's expense as REiMBURSED WORK. '. Selection of
asphalt and concrete plants shall be approved by STATE prior to issUance ofNouce to
Proceed to contractor. '
14, CITY is responsible to identify arid provide' one hundred percent. (I"OO%).qfactua! costs of
co~ctionrequired for sa;ti~factory completion ofl'ROJECT, including changes pui:1;uant
to contract change orders, eoD.struction related claims~~d arbitration rulings ancJ..anY "State-
furnished material" required fqrp~oject.' ,
15 . CITY shall perform a system, operatiotial check for 4eficiencies of all exiSting facilities'
within the PROJECT work IiIDits, at CrrY's expense, ilsthe first order of work in the
contract The facilities to be checked include, but are not limited to, all electrical, drillnage,'
irrigation and landscape, and signageelementS. If,deficie';cies 'are found, C;ITY shall not be
responsible for repairing or replacing a deficient facility, unless that deficiency is to be
repaired or replaced as shown in the plalrs. " '
16. To furnish qualified support staff, subject to approVal of-STAIB, including a full time
Resid~nt Engim:er, a;; necessary to assure that construction is beip.g performed in accordance
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with plans and speCifications as !lpproved by ST A,!E. Said quali:fi.ed support slxff shall be
independe~t of design eng:ineeringcompany and construction, con~, except' ~
PROJECT designer may check shop drawings, and prepare constolction change orders. The
Resident Engineer sbaU be a licensed Civil Engineet' in the State- of California and qrust be a
public employee in accordance With Chapter 16 of the Loc;l1 Assistam;e Procedures Mariual. '
17. To include within.construction.conlract documents a'I'cquitementby whiCh contractor shall
provide STATE's and CITY's construction staff with field bfli;ce facilities required to
properly complete inspection, testing and coristruction engineering of project Equipment
shall inclUde, but i$ not limited to desks, chairs, CO):Ilputers, fax machines, copy machines "
and multi-line phones. .' .
18. To make progress payments to contractor, using PRomCT funds as approved by STATE',
Resident EJ1,gineer for oversight . CITY representative shan develop all' contract progress
pay schedules. CITY is 'responSi1:>le for accuracy of iteiDization on progress pay schedules.
19. Upon completion of wmk und,er this Agreement, cm Will assume maintenance and the
'expense thereof for any part of PROJECT located 'outside of STATE's rigb,t of way' until
acceptance of any such part of PROJECT into STATE's highway system by STATE,
approval by Federal Highway Aclministni:ti.on (FHW A), if required, provision of adequa<e
access for mamtenanceto '.existing . and .new STATE right of way and conveyance of
acceptable title,to STATE. .
20. To maintain, or cause to be maintained, PROJECT landscape within. STATE's right of way
for 36 months from date of completion of. construction, in accordance .with landscape
maintenance provisions, to satisfaction of and subject to approval of STATE. CITY S1i.ali not
be responsible for landscape within the' STATE's dghtofWaY, which was not within the
lirrrits of the'. corntruction disturbance shown. on the plarn <Jr included' in an approved'
contract change order. CITY shallinaintqin, or cause to ,be m.i.,t~ined, existing facilities
within the construction <listurbance limits that service areas Y!ithih the' PRO.)ECT limits but
which are outside of the constructicn disturbance limits. '
21. To pay all FRQJECT relatedlm1dscapemaintenance costs inchiding water costs for 36.
months froin date of comple;ion of con.stniction, 'and to -repair or cause to be repaired any ,
deficiency during that period thai is within ,the PROJECT's disturbance lirrrits or damaged.
by the PROJECT's construction or landscape maintenance aCtivities. '
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22_ If ClTY t=inates PROJECT prior to 'completion of the construction, contract for
PROJECT, STATE may require ciTY to retUmto STATE all STATE funds preViously
paid, or to return STATE's right of 'way to its' qriginal conditi{Jn or,'to a condition of
acceptable permanent .operation. ;If CITY fails to do s6, STATE reserves .the right to finish
PROJECT or place PROJECT in a condition of satiSfactory pemi.anentoperatiori. STATE
will bill CITY for all actual expenses incurred and ClTY agrees to pay said eJCpeoseswithin
thirty (30) days or STATE, actJi+g through the State Controller, may withhOld an. equal
amount from future. apportionment due CITY from the Highway user. Tax Fund or any
other available funds.
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23 . To retain or .cause to be retained for audit by STATE or other gdve=ent auditors for a
period of three (3) years from date of final.payment, all record,S and accounts relating to
construction of PROJECT. .
24. To submit progress invoices for reimburSable project costs of constIvction and construction
support directly to the Office oiLDcal Progr3ms and Accounting or to the Consultant
ServiceSlFunctional Manageme]J.t Support Branch in the case of STIP-RIP noise barrier
construction Invoices. Invoices for reimbursable project costs Will be submitted no more
frequently than once'a month.
25. CITY Will be responsible for requesting a State allocation of SUP-RIP funds ($1,145,000)
for noise barril;r construction. These funds must meet all timelines and requirements under
STIP Guidelines for use of STIP funds. .All allocation requests and amendments must go
through ST ATE's District 11 C,onsUltant Services/FlIDctional Management Support Branch. .
CITY will be responsible for ensuring that billings of CITY's contractors for.this work are
segregated out from interchange moclificati0l1 work,. and CITY will be reimbursed for .
eligible qapital expenditures up to allocated amount of STIP"RIP' funds authorized by the
CTC for PROJECT. .' .
26. CITY will be responsible for requesting State allocation of State-oniy STlP funds which will
be used to match Federal RSTP :fu+ids. All allocation re;quests mUst go through STATE's
District 11 Office of Local Assistance. .' . .
27. City will be responsible foirequesting Federal-AId Project Authorization/Agreement or
AmendmentIModification (E-76) of SUP-RIP funds. for noise battier construction up to
programmed amounts in SANDAG's RTlP/FTIP. CITY shall also subn}it a finance letter
showing the breakdown in funCJing for estimated construction capital and SUPP9rt
expen,ditures (as per C!lltpter,3 of the Local Assistance )'roceduresMariual) with the E-76.
Federal Authorization to P~oceed must be obtaiiied by' STATE's District 11 Consultant
. ServieeSIFi,lnctional Management SJ1pport Branch prior to project being advertised. bY
CITY. All'reqUirements identified in the'II!ost !=Tent published. Local Assistance
Procedures Manual arid amendmentS thereof apply to use or'these funds. CITY shall seek
reimbursement on their reimbursable project costs., by submitting pwgressinvoices in
triplicate to:
Consultant ServiceSIFunctional Management Support Branch
2829 Juan St, Mail Station 92
San Diego, CA 92110
28. CITY will also be responsible for completing a final project cost analysis of expenditures as.
part of their final invoice submittal tq. STATE's District 11 Local Assistance Engineer once
project is completed. CITY will be reimbursed for eligible capital expenditures up to that
authorized amotuit minils required non-Federal match fuI\ds payable by CITY. .
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29. CITY will be responsible for requestitig Federal-Aid Project Authorization/Agreement or
AmendmentiModiiication (E-76) of R&TP and HP-21 (DEMO). funds up to programmed .
amounts in SANDAG's RTIP/fTIP. cITY shall also' submit a finance letter.showing the
breakdown in> funding fot estimated construction. capital and sUpport expenditures (as per
Chapter 3 of the Local Assistance Procedures Manual) with the E- 7 6. . Federal AuthoriZil.tiOIl
to Proceed must be obtained by STATE's District 11 Office of Local Assistance prio)' to
project being advertised by crtY. Allrequh'ements identified in the most cu!reo:t published
Local Assistance Procedures Manual.and amendmeEts thereof apply to USe of these funds.
CITY shall seek reimbursement (mtheir reimbursable project costs by,submitting progress
invoices to: . .
Office ofLocal Programs Accounting Branch
PO Box 942874, Mail Station 33,
Sacramento,CA 94274-0001
30. CITY agrees that the IelmbursO;ment of Federal funds will be limited to amounts approved
by FHW A in the E-76 authorizatioI.l,';;.nd CITY accepts.any resultant increases in CITY
'funds as shown in Local Assistance Finance Letter,. and any modiiication thereof as
approved by STATE's Division of Local'Assistance', Office of Project ImplementatiolL
31. To have an audit in accordance with Single Audit Act O:MB A-133 if CITY receives a total
of $3QO,000 or more in Federal fwtds in a single fiscal yeaI'.
32. To obtain local sales tax funds as necessary for construction "fPROJECT.
33. To deposit with STATE, within twenty.five (25) days of receipt of billing thereof, the
amo\mt of $173,432, which figure represents i months. of CITY's estimated shate of
expense of !(EIMBURSED WORK costs for PROJECT; as shown on Exln1Jit B. CITY's
total obligation for said ;;.nticipatedPROJECT ro;::tMBURSED WORK. costs . shall not
exceed amcnrnl of $2,008,677 (July 20Q2 ,dollars),ptovided that CITY may, at its sole
discretion, in writing; authorize a: greater amount.
. 34. To deposit with 8T ATE not later tiIan ten (10) Wotkingdays preceqmg beginning of each
month, estimated REIMBURSED WORK cost eXpenditUres for that month, and to 60ptinue
making such advance deposit on a. monthly basis until completion of PROJECT
construction. . ,
35. To warranty for a period of 3 years after completion of construction, all new signs furillshed
by CITY's contractor for the PROJECT.
36. To submit all construction change order~ withmSTA1;E's right of way to STATE for pnor
approval, except for change orders necessary for safety of traveling public .or immediate
protection of property. .
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CITY contact:
Martin Phillips, Civil Engil;leer
Engineering Departmeilt
, 1800 Maxwell Road
Chula Vista, CA 91911
619-397-6090
i
SECTION II
STATE AGREES:
1. Upon proper application by CITY and by CITY's contractor, to issue at no cost to CITY and
CITY's contractor, necessary encroachment permits fat required wqrk \V'ithin State highway
right of way, as mole specifically defined in Articles (3),(4), ($) and (6) of Section :o:r of
this Agreement. ' ' , '
2. To provide, at no cost to CITY, a qualified,STATEResideIit Engineer for oversight
, ,
3, To provide, at CITY's cost, REIMBuRsED WORI\: staff [to a ,niaximum of eleven (11)
persons/year] and other resources necessary to ,accompliSh construction' of PROJECT,
including but not limited to, construction surveys, soils and foundation tests, me,asurement
and computation of quantities, testing of construci:ionmaterials, review of shop draWings,
preparation of 'estirilates and reports, review of as-built drawings prepared by CITY, and
other construction inspection and staif services as necessary to assure that construction is
being performed in accordaneewitli plans and specifications, which services shall be
referred to herein as "REIMBURSED' WORK"" REIMBURSED woRK staff shall have
authority to accept' or reject construction work and 'materials or to' order any actions needed
for publiC safety or preserVation of property and, to assure' compliance with project, plans,
special provisions, and all provisions of encroachment permil(s) issUed to CITY and CITY's
contractor for work done within STATE's right of way.
4. STATE's Office of Local Programs Accolinting will review invoices and approve
requests for funding reimbursement for RSTP, State-Only STIP, and HP-21 funds,
prepared by CITY, within ten (10) working days, frOnl date of receipt of submittal fur
costs incurred for construction of PROJECT.
5 , STATE's District 11 Office of ConSultant Services/Functional Management Support
Bra.nch will review invoices and approve requestS for funding reimbursement forSTIP-
RiP funds, prepared by CITY, within fifteen (15) working days, from date ofreceipt of
submittal, for costs incurred for construction of nOls'e barriers for PROJECT.' '
Page 7 of 14
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6. Current budget eS"lilmte and funding 'for PROJECT cci~tJ;uction provided by CITY and
8T A TE is illllSttated on EXhibit A, attached and made part of this Agreement.
. .
7. To not exceed. PROJECT budget for REIMBURSED woRK, as estitnated in ,Exhibit B"
without prior mitten a.uthqrization from CITY. Current budget ~ fbrPROJECT
RETh1BURSED WORK is $2,008,677 (J]Jly 2002 dollars)~ ' ' .
8; To submit an initial billing in amoUJ;lt of $173,432 to CITY immedWtely foUowmg
C)!:ecUtion of this Agreement,'Said initial billing repre~ents eTIY; s share fOr 2 months of
estimated cost of REIMBURSED WORK for PROJECT. .
9. Thereafter to prepiu-e and submit monthly billing stB.tements to. CITY for estimated
expenditures for REJ1.fBURSEp WORK,for PROJECT one, month in advance.
10, To furnish CITY with a fitJal detailed statement ,of REIMBuRsED WORK coSts to be
bomeby PROJECT upon completion and ~pto;val of cOnstrUctioil of PROJECT . .
11. To provide at CITY's eJqJense, ,any "~te"furnished IIiaterial" ,as.shown €lnthe PS&E plans for
PROJECT and asproviG!ed in the Special Provisions for-PROmer. '
12. STATE Contact:
Charles W:Davis .
Project ManagerforOvetsight
2829 Juan Street "
San Diego, CA 92110
, 619-688"3156,
. SECTION ill
ITIS MUTUALLY AGREED:
I. All obligations of STATE under, terms of this Agreement ate subject to appropriation of
resources by Legislature aod allocation of resources 'by CalifQrnia Transportation
ColIJ1Il.ission.
2. Should a portion of PROJECT be financed with Federal funds or State gas tro> funds, all
applicable laws, regulations and policies relating to use' of such funds shall apply
notwithslandip.g other provisions of'this Agreement...
3. . ConstJ:uction of improvements referred to herein which Iii: within STATE's highway right
of way or affect STATE's facilities shall not be coinn;1enced until CITY'.s original contract
plans involving such work and plans for, utility relocations ,have been reviewed and
approved by STATE's District 11 Director of Tnmsportation, or Di.strict 11 Director's
Page 8 of 14
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11-0601
015563
delegated agent, and until an encroachment permit to CITY allthorizing. such work has been
issued by STATE. Receipt by CITY of STATE's encroachment peImit shall constitute
STATE's acceptance of said pl:an$. CITY shall not issue a Notice to Proceed to contractor
for PROJECT until after encroachment permit has been issued by STATE.
4. CITY shall obtain aforesaid encroachment permit through office of STATE~.s District 11
PeImit Engineer and. CITY's permit application shall be ll,CCompanied by twO (2) full size
construction plan sets (Jnc]llnim; specifications) and twenty-five (25) sets of redUced
construction plans (llxl7) (including specifications) ofl!foresaid STATE accepted contract
plans. Receipt by CITY of approved ericrciachm~ pemrit shall constituteCrrY's
authorization from STATE to proceed, with work te 'be performed by CITY or CITY's
representatives within proposed State right of way or which affects STATE's facilities,
pursuant to work covered by this Agreement. CITY's atithorizatiGll to proceed with said.
work shall be contirigent upon CITY's compliance with all proVisions set forth .in this
Agreement and saidencrQachment permit.
5. cm;s construction contractor shall .obtain a separate encr6achmentpermit from STATE
prio.r to commencing any w.ork within STATE's tights of way or which ,affects STATE's
facilities. The CITY's Contractor's per;mit application shall include pro.of said contractor
has acceptable and valld payment and 'performance' surety bonds covering' PROJECT
construction.
6. CITY sholl proVide a right6f Way certi,ficationprior to grantirig of said encroaChriJ.ent permit
by STATE', to certify that legol and physicalconlrol of rights of way were acquired'in
accordance with applicable State and Federai ,laws and regulations. If preViously
unidentified rights of way are .required during, construction of PROJECT, CITY shall
proVide 'legal and physical control of right of way, and identify all funding required to
acquire such righ(;i of way. cITY: shall provide completed resource agency permits related
tol'ROJECT, including for all mitigation'requir=ents of PROJECT prior to issuance of
Notice to fro.ceed to contractor.
7. If any existing pl.\blic.and/or private utility,facilities'conflict with construcJion of PROJECT
or violate STATE's encroacbnient policy, CITY shall make all necessary arrang=entli with
owners of such facilities for their, protection," "elocation, or removaJ. in accordance with
STATE's policy and procedure for those facilities located within'limits of work providing
for improvement to State highway and in accordance with CITY's policy for those facilities
located outside of limits of work forimprov6ment to State highway. Cost of protection,
relocation, or removal, within STATE right of way, shall be apportioned between owner of
uti,lityfacility and CITY in accordance,~thSTATE's policy' and procedure, CITY shall
require any utility owner performing relocation work iri STATE highway right of way to
obtain an encroacbnient pennit from stATE prior to perfolJ!1ance of said. relocation work.
Requirements of most currimt version of STATE's "Policy on High and Low ~
Underground Facilities Within Highway Rights 'of Way" shall be fully complied with. Any
relocated or new, facilities shall be correctly shown and identified on final "As-Built" plans.
Page 9 of 14
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8. Any hazarq.ous material or contamination of an HM:-I category found within existing 5~e'
highway right of way during construction requiring relIledy or rem:ecilil.! action, asde:fined in
Division 2D, Chapter 6.8 et seq. of HeaJ.thand Safety Code, shall be respOnsibility Qf
5T ATE. Any hazardoUs material or co"t.mi,,"tlon of an IDvf-l ~ory found ,within local
road right of way during oonstruction requiring same defined. remedy or remedial action
shall be responsibility of CITY. ' For tte ,purpose of the A~, haz,ardcus. maIerial of HJ\.H
, category is detIDed. as, that level or type of contan:iination which. $tate or Federal reguiatory COlilrol
agencies haVing jurisdiction have detertnlned must be rcmediated by reaSon of its mere discovery
regardless of whether it is disturbed by PROJECT or not. STATE shall sign, tte HM-I manifest,
and pay all casts far remedy or r'""'f'1lial action wi1hin tjJe existing State highway right of way,
except that if STATE de,terinines, nUts sole judgment, 'that STATE's cost for ,remedy or remedial
action is increased as a result of proceeding '\\Iii!J. construCtion of PROJECf, that additiom1 cbst
identified by STATE sba!l be borne by CITY. CITY shall sign HM"1 manifest and pay all
coSts for required remedy or remedial aCtion outside of STATE right of Way. STATE Will
exert every effort to furici remedy or remedia,l,actian for ""hich S TATE is responsible. In
event STATE is unable to provide funding; CITY will, haye option to, either de1ayfurlher
construction af'PROJECT until STATE is able to proVide funding or CITY may, proceed
with remedy or remedial actiDn atCITY's expe,lSe .rithOut any subsequent reimbur=eut by .
STATE,
9. Remedy or remedial action with respect to any hazardoJ,lSmateriai or contamination of an
HM-2 category found within and outside eXisting STATE highWay right of way during
construction shall be responsibility of CITY, at CITY's expe!,!!>e, as a result of ,proceeding
with construction of PROJECT., For purposes of this Agreement any !wZardous material or
contarirination ofHM-2 category is detinedastha1'level or type of coatarnination which said
regulatory control agen"ies would have ,allowed to remain in place if undisturbed or
otherwise protected in place had the PROJECT not proceeded. cITY' sl:iall sign any. HM'2
manifest if construction of PROJECT proceeds and :A:M:-2 material m~ be removed in lieu
of being treated in place. " " . '
, '
la, If hazardous material or contamin:;ttion of either HM-l or HM-2category.is found during
construction on' new right of w:;ty acqurred bY. or on account ,of CITY for PROJECT, CITY
shall be responsible, at CITY's expense, for all required reIDed)' or ri:miedial action and/or
protection in absence of a generahlr or prior property owner ~ling and prepared to perform
that corrective work" '
II. Locations subject to remedy or remedial action and/or protection include utility relocation
work required for,PROJECT. Costdorremedy and remedial action arid/or protection shall
include but not be limited to, identilication, treatlIlent, protection, removal, packaging,
transportation; storage, and disposal of such materiaL ,
12. The Party responsible for funding any hazardous material ele!inupshall be responsible for
development of necessary remedy anti/or remedial action plans and designs. Remedial
actions proposed by CITY on State high-way. right of way shall be pre-approved by STATE
and shall be perfornied'in accordance with STATE',s s!and.arcis and practices and those
stand.arcis mandated by Federal and STATE regUlatory' agencies;
Page 10 of!.4
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11-0601
015563
13. CITY will not authorize any work withln:the ST A IE right of W"iI:f not included in contract
documents approved by ST A'IE or. required to complete PROJECT without the written
approval of STATE. Any work not aPproved in WJiting and not considered 'as emergency
work as determined by CITY and 8T ATE, sball be sole reSponsibility of CITY.
14. If a previoUsly unidentified sensitive area(s-) is identified d,uring construction of PROJECT,
work shall be stopped m that area until a qualified' archaeologist, biologist, or other
apl?ropriatestaff can evaluate pature and significance of find and recGrnmend mitigation
strategies for the area(s): The CITY, arid STATE, in consultatiOli, sball agree on the
mitigation strategy to be followed and responsibility for costs for the selected mitigation
strategy, if arty.
15. CITY ,construction contractor shall maintain 'in force, until completion artd acceptance of
PROJECT, construction contract, a pcilicy of Contrattual: Liability Insurance, including
coverage of Bodily Xnjury Liability and Property Darriage Liability in accordance with .
Section 7-1.12 of State Standard Specifications. Such policy shall contain an 8qditlonal
insured' endorsement naming ST:A TE, its officers, agents artd employees as additional
insured. A Certificate of Insurance shall evidenc,e to'verage'in a form satisfactory to
STATE, which sillill be delivered to STATE before issuance of an encroacbIllent p=i.t to
CIty's contractor.' ",
16. Prior to award of construction centract for PROJECT, CITY may t=inate this Agreement
by written notice. 'Should CITY terminate Agreement, CITY will bear all costs llIld
reimburse applicable costs to STATE for any expenses due ,directly to t=i.nation of
contract:
17. In construction of said PROJECT, repre&entatives. of CITY arid STATE: will ,cooperate and ,
consult with each other, but ,decisions of STATE's Resident Engineer for oversight shall
prevail as final, binding and conclusiv,e .inall niattets concerning PROJECTconstruttion
contracts within STATE right ofway. Decisions ofCITI;'s Resident Engineer sbalI prevail
as final, binding and conclusive in all matters concerning PROJECT construction contracts
within CITY right of way, except where such matters affett safety of the travelling public or
immediate protection of property. All work pursuant.to PROJECT shall be accomplished
according to approved plans; specifications and applicable STATE standards. Satisfactioriof
these requirements ,shall be verified by STATE Resident Engineer for oversight. STATE,
Resident Engineer for oversight and other ST ATE staff are authorized to enter CITY
property during construction at no cost to STATE; for, purpose of monitoring and
, cOordinating construction activities. Representatives of STA 1E shall coordinate all visits
with CITY's Resident Engineer. '
18. Changes to PROJECT plans and specifications s~ b~ implemented by contract change
orders by CITY's Resident Engineer and according to' Section I, Article 36, of this
Agreement. All changes affecting public safety or public, convenience, all design and
specification changes arid all major changes as defined in STATE's Construction Manual
shall be approved by STATE in adyance of perfoi:ming :'york. Urness otherwise directed by
Page 11 of 14
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11-0601
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'. \ ....0....0.
8T ATE Resident Engineer fot oversight, changes authorized as provided herein will noj:
require an encroachment pemritnder. All changes shall be shown on As.Bclt plans
referred to in Section ~ Article (1), of this Agre=ent. . .
21. Upon completion and acceptance of .PROJECT construction. contract by CITY, to
satisfaction. df STATE representative . and subsequent to execution of a maintenance
agreement, STATE will accept control and maintain, ",t its own east and .expense, those
portions of PROJECT lying Wit:hin STATE's right of way. SIAm willlIiaintain at stATE
expense, entire structure below deck surface of anY cItY lQcal road overcr6ssiogs.
22. CITY will accept control and maintain, at its own cost and expeI;lSe, portions of PROJECT
lying outside STATE's right ofwa.y, including but not liniited to any mitigation hinds, other
agreed areas, and local roads delegated to CITY for maintenance. Also, CITY will
maintain, at CITY expense,'local tQ~ within STATE's right of way .;J.elegated to CITY for
maintenance and remaining portions.of any local road overcrossing struCtures, including
deCk surla,ce of any structures, as well as all traffic service facilities that 1i1ay be required for
benefit or control of CITY local road traffic including landscaped me!;lians and parkWays. .
23. Prior to completion of constructi.on CITY and' STATE' agree t.o execute a maintenance
agreement or agreements for I-80S, traffic COD.!!,ol syStep:lS, safety lighting, and energy costs.
STATE and CITY agree td pay prOp.ortioIllite share of said maintenance costs, including
energy c.osts.
24. Upon completion of all 'work urider this Agreement, ownership. and title to materials,
equipment ~d appurtenances installed within STATE' 5 right of way will automatically Pe
vested in STATE, and materials, equipment and appurtenances installed 9utsideof
STATE's right Dfway will automatically be vested in' CITY. No furthilragreement will be
necessary to transfer ownersIllp 'as herein above stated.
25. Cost of any engineering Dr maintenance referred to herein in this Agreement shall inciude all
direct and indirect costs (fnoctional and administrative overhead assessment) attributable to
such work, applied in accordance with STATE's standard accounting procedures.
Page 12 of 14
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\' , '"".... '"'
J_'-J'-'"V
26. Nothing in the provisiol1'j oftbis Agr~ettleD.tis intCnded,to create dutieS or obligations to or
rights in third parties not parties to this Agreement or affect legal liability ~ any party to
Agreement by imposing any standard of care with respect to c6nstruction, operation, or
maintenance of STATE highways different from standani of care imposed by law.
27. Neither STATE nor any offrceror employee thereOf is.responsibte -for aily 9m;oage o~
liability occurring by reason of anytliing done or omitted to be, done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under'this
Agreement It 'is und"rstood and agreed that, pursuant to GoverTItnent Code Section 895.4,'
CITY shall fully defend, indemnify and save harmless STATE of California, all officers lUJ,d
employees from all claims, suits or actions of .,very name,.,kmd and descriptiDu brought for
or on account ofinjury. (as defined in Gove=ent COde Section 810.8) occurring by reason
of lUJ,ything done or omitted' to be done by CITY under or ill cpnnection with any work,
authority or jurisdiction delegated to CITY under this Agreement
28. Neither CITY nor any officer or'employee thereof is responsible for any damage or.liability
oCcurring by reason of anything doneer omitted to be done by STATE under orin
connection with aily work, a1.ltherity or jurisdiction delegated .to S'TATE under this
Agreement. It is understood ind agreed that, putsuant to, Government Codes. Section 895.4,
STATE shall fully defend, indi:mnify and "save hmnless. CITY from all claims, suits or.
actions of every name, kind and description brought for or' 011 account.ofinjury. (as defined'
in Government Code Section 810.8) occurring by reason ofanytbing deme o.r mcitted tb be
done by STATE under or in connection witIiariy work, authoritY qrjurisdiction delegated to
STATE under this Agreement.
29. 'No alteration or variation of terms of this Agreemep.t shall be valid unless made ill writing
and signed by"parties hereto aod nei oral uilderstanding oragre~ent not incorporated here:in
shall be binding on any of parties hereto.
Page 13 of 14
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11-0601
015563
30. Portions of this Agre=ent perta.inin:g to construction of PROJE(:T sha1l. terminate upon
completion and acceptance of constructioncontract(s) for PROJECT by CITY with.
concurrence of STATE, or on December 31, 2,009 whichever is earlier in time. However,
ownership, operation, maintenance, indemnificatioll; ahdclaims clauses shall remain in
effect until terminated or modified, i1i. writing, by mutual agreement Should a construction-
related claim arising out of PROJECT be asserted against CITY, STATE agrees to extend
the termination date of this Agr\:=ent or execute it subsequent Agreement to' cover those
eventualities.
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director of Transportation
Certified .:s to funds:
By:
District 11 Budget Manager
Approved as.to form and procedure:
CITY OF CHULAVIST A
B,Ac9~
Mayor '::, , ..
By: C\.. ~9'\J.;.ll.,
City Attorney, ' ' .
~.,
By:.' " .~.
Attorney "
Department of Transportation
Certified as to fmancial terms and conditions:
Page 140f 14
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3-19
.. ATTACHMENT
/-;
I
?-
e
I)
015563
RESOLUTION NO. 2003-175
RESOLUTION OF THE" CITY COUNCIL OF THE CITY OF
CHUlA VISTA APPROVING A COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION CONTRACT ADMINISTRATION
ACTIVITIES TO BE UNDERTAKEN BY- THE CITY OF
CHULA VISTA ON THE INTERSTATE 80S/OLYMPIC
PARKWAY-ORANGE AVENUE INTERCHANGE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City of Chula VIsta desires to constlUct State highway improvements
consisting of the modification of the Orange Avenue/Olympic Parkway Interchange at Interstate
805 and is responsible to provide one hundred percent of the funding for this project; and
WHEREAS, in order to permit the City to perform these oontract functions, the State of
California Department of Transportation (CALTRANS) requires the City to enter into a
cooperative agre=ent which sets out each agency's responsibilities for the a:mstruction process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a cooperative agreement with the State of California Department of
Transportation regarding oonstlUction administration activities to be undertaken by the City of
Chula Vista on the Interstate 80S/Olympic Parkway - Orange Avenue interchange and, a copy of
which shall be kept on file in the office of the City Clerk.
BE iT FURTIffiR RESOLVED that the Mayor of the City of Chula Vista is hereby
authoriied to execute said agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~~
c~~
Arm Moore
City Attorney
ii-liS INSTRUMENT IS A TRUE ~
~
3-20
n15563
RCsol'u1:ion 2003-175
Page 2
PASSED, APPROVED, and ADOPTED by the Clty Council of the Clty of Chula VISta, I
California, this 6th day of May, 2003, by the following vote:
AYES: Councilmembers:
Davis, Rindone, Salas, McCann and Padilla
NAYS: Counci1members:
None
ABSENT: Coilncilmembers:
None
~rf?~
ATTEST:
~~Ji~:ltW: ~~$' IJ IC\~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1..-_:
.,~,
'.,'
1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that' the foregoing
Resolution No. 2003-175 was du1y passed, approved, and adopted by the City Council at a
regu1ar meeting of the Chu1a Vista City Council held on the 6th day of May, 2003.
Executed this 6th day of May, 2003.
-~IJ6-v~~
Susan Bigelow, City Clerk
O.lA :1\,;,H ,\ ;i i/d1>.1\J>lI';"" ~"..
.__~iHT 'lO~.nDJ1os>
........-._.~
-..~.~
. ~ . 1lWU2
4\iil
\~
.
.
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3-21
ATTACHMENT 'J
I
1l-0601lAl
ll-SD-805
KP 4.7/8.1 (pM 2.915.0)
EA 11-156583/234000
Agreement No. 1l-0601/AI
I-80S/Orange Avenue
Construction
AMENDMENT NO.1 TO AGREEMENT
THIS AMENDMENT NO.1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
fidf5tr~:J..JXJ5 , is between the STATE OF CALIFORNIA, acting by and through
it pent of Transportation, referted to herein as "STATE",and
CITY OF CHULA VISTA, a body
politic and a municipal corporation of
the State of California, referred to herein
as "CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. 015563) on May 6,
2003, said Agreement defIning the terms and conditions of a project in the County of
San Diego and the City of Chula Vista consisting. of a modifIcation of the Orange
Avenue Interchange, traffic signals and sound barriers on Interstate 805 from Main
Street/Auto Park Drive to East Palomar Street, referred to herein as "PROJECT".
2. The purpose of this Amendment is to adjust southerly limit of PROJECT to match the
"Limits of Work" as shown on the Construction Contract Plans.
IT IS THEREFORE MUTUALLY AGREED:
1. The KP 5.9/8.1 (pM 3.7/5.0) specifIed on the Title Page (page 1), of the original
Agreement shallnow be KP 4.7/8.1 (pM 2.9/5.0).
2. All other terms and conditions of said Agreement (Document No.015563) shall
remain in full force and effect.
,
,.
3-22
01:)563.
1l-060l/Al
3. This Amendment No.1 to Agreement is hereby deemed to be part of Document No.
015563. .
STATE OF CALIFORNIA
Department of Transportation
\\lILL KEMPTON
:~~Q:L ~~
Depuly District Direc. r
Certified as to funds:
r~~&fM~~ V
Approved as to form and procedure:
~\ .
Attorney Department of Transportation
Certified as to financial terms and conditions:
3~23
CITY OF CHULA VISTA
Attest: . ~AY) ?/2ud
City ~ney .
.
.
OJ ~56d
ATTACHMENT 4
RESOLUTION NO. 2005-167
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COOPERATIVE AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) REGARDING THE
SOUTHERLY PROJECT LIMITS ON THE I-80S/ORANGE
A VENUE INTERCHANGE IMPROVEMENTS (STM-328) AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-175 approving a
Cooperative Agreement with the State of California Department of Transportation (Caltrans)
regarding construction contract administration activities to be undertaken by the City of Chula
Vista on the Interstate 80S/Olympic Parkway-Orange Avenue Interchange; and
WHEREAS, the City of Chula Vista and Caltrans are currently constructing State
highway improvements consisting of the modification of the Orange Avenue/Olympic Parkway
Interchange at Interstate 805; and
WHEREAS, both the City and Caltrans would like to amend the Cooperative Agreement
(Agreement No. 11-0601) to adjust the southerly limit of the project to match the "Limits of
Work" as shown on the construction contract plans; and
WHEREAS, the southerly limit of the project will be revised from K.P 5.9/8.1 (pM
3.7/5.0) as specified on the Title Page (page 1), of the original Agreement to be KP 4.7/8.1 (PM
2.9/5.0); and
WHEREAS, all other terms and conditions of said agreement shall remain in full force
and effect; and
WHEREAS, in order to permit the State and the City to perform these contract functions,
an amendment to the Cooperative Agreement setting out each agency's responsibilities for the
construction phase is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the Amendment No. I to the Cooperative Agreement with the State of
California Department of Transportation regarding construction contract administration on the
Interstate 80S/Olympic Parkway/Orange Avenue Interchange project, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of Chula Vista is hereby authorized to
execute said amendment on behalf of the City of ChuJa Vista.
Presented by
Approved as to form by:
~/
Sohaib Al-Agha
City Engineer
\ ..\... ' ./'
Ann Moore
City Attorney
~
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3-24
Resulution No. 2005-167
Page 2
PASSED, ApPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of May, 2005, by the following vote:
AYES: Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
McCann
~6dtL
Stephen . Padilla, Mayor
ATTEST:
~-- ill 1 6 1 J ~ P ,n ..)
Susan Bigelow, MMC, City rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-167 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of May, 2005.
Executed this 24th day of May, 2005.
:- _ V.t 6...>-';~~ ~
Susan Bigelow, MMC, City Cle
.
3-25
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
THE CITY COUNCIL
'-/~ d L'~
Ann Moore
City Attorney
Dated: 3 / J 'f / n 7
I I
Amendment No.2 to Cooperative Agreement between the State of
California Department of Transportation and the City of Chula Vista
3-26
ATTACHMENT 5
11-SD-805
PM 2.9(5.0
EA 11-156583(234000
Agreement No. 1l-0601(A2
AMENDMENT NO.2 TO AGREEMENT
This AMENDMENT NO. 2 TO AGREEMENT, ENTERED 1NTO EFFECT1VE ON
, is between the STATE OF CALIFORNlA, acting by and through its
Department of Transportation, referred to herein as "STATE", and
CITY OF CHULA VISTA, a body politic and a municipal corporation
of the State of California, referred to herein as "CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. 015563, District
Agreement 11-0601) on May 6, 2003, said Agreement defIning the terms and
conditions of a project to construct modifications to the Orange Avenue Interchange,
traIf1c signals and sound walls referred to herein as "PROJECT".
2. The parties hereto also entered into an Amendment No.1 to Agreement on May 2,
2005, to adjust southerly limit of PROJECT to match the "Limits of Work" as shown
on the Construction Contract Plans.
2. It has been determined and agreed upon, to the benefIt of both STATE and CITY, to
amend the terms and conditions specified in Articles 20 and 21 of Section I of the
original agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 20, Section 1 of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"To maintain, or cause to be maintained, PROJECT landscape within the STATE's right
of way for twenty (20) months from date of completion of construction, in accordance
with landscape maintenance provisions, to satisfaction of and subject to approval of
STATE. CITY shall be responsible for landscape, including trash removal and storm
water Best Maintenance Practices maintenance, excluding graffiti removal, within the
STATE's right of way within the limit of construction which extends from Main Street to
Palomar Road, as shown on the attached drawing titled "Limit of Construction". CITY
shall maintain) or cause to be maintained, existing facilities within the construction
limits that service areas within the PROJECT limits but which are outside of the
construction disturbance limits.>>
,
.
,
3-27
1l-060lA-2
2. Article 21, Section 1 of 1:."-e original Agreemen t, Document No. 0 15563, is here by
replaced to read as follows:
"To pay all PROJECT related landscape maintenance costs including water for twenty
(20) months from the date of completion of construction., and to repair to cause to be
repaired, any deficiency during that period that is within the PROJECT's limits or
. damaged by the PROJECT's construction or landscape maintenance activities."
3. Article 27 of Section ill of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction conferred upon CITY
and arising under this Agreement. It is understood and agreed that CITY shall fully
defend, indemnify and save harmless STATE and all its officers and employees from
all claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by CITY under this Agreement. >>
4. Article 28 of Section III of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or jurisdiction conferred upon
STATE and arising under this Agreement. It is understood and agreed that STATE
shall fully defend, indemnify and save harmless CITY and all its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortuous, contractual, inverse
condemnation and other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.>>
5. All other terms and conditions of said Agreement (Document No. 015563) and
revised under Amendment No.1 shall remain in full force and effect.
.
.
.
20f33-28
6. This Amendment No.2 to Agreement is hereby deemed to be a part of Document No.
015563.
STATE OF CALIFORNIA
DEPARTMENT OF TRAN'SPORTATION
WILL KEMPTON
Director of Transportation
By:
Deputy District Director
By:
Approved rs to F~an Procedure:
~ / (jIJAi",.
EY:~ I,;u..;
Attorney -
Department of Transportation
By:
Certified as to Funds:
By:
District Budget Manager/BK_
Certified as to Financial Terms and Conditions:
w-~
By: \'. ,m,"'- .
~' Accounting A . strator
.
.
.
3-29
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE 1-
80S/OLYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE (STM-328)
AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT
WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-175
approving a Cooperative Agreement (Agreement No. 11-0601) with the State of
California Department of Transpoliation (CAL TRANS) regarding construction contract
administration activities to be undertaken by the City of Chula Vista on the Interstate
80S/Olympic Parkway-Orange Avenue Interchange (Project); and
WHEREAS, on May 24, 2005, the City Council adopted Resolution 2005-167
amending the Cooperative Agreement (Agreement No. 11-0601l1A) to adjust the
southerly limit of the Project to match the "Limits of Work" as shown on the
Construction Contract Plans for additional work to the Main Street southbound on-ramp;
and
WHEREAS, the construction was completed and the 36-month landscape
maintenance period commenced on March 1,2006 and both CALTRANS and the City
would like to amend the landscape maintenance period to end on October 31, 2007, a
period of20-months from commencement; and
WHEREAS, all other Project requirements will still be met and the other tenns
and conditions of the Cooperative Agreement shall remain in full force and effect.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Chula Vista that it approves the Second Amendment to the Cooperative Agreement with
the State of California Department of Transportation (CALTRANS) regarding
construction contract administration on the Interstate 80S/Olympic Parkway-Orange
Avenue Interchange, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOL VED by the City Council of the City of Chula Vista
that it authorizes the Mayor to execute the Second Amendment on behalf of the City of
Chula Vista.
Presented by:
Approved as to form by:
Scott Tulloch
City Engineer
c!~!l A~
Ann Moore
City Attorney
1-I:\ENGINEER\RESOS\Resosl()()7\3-20-07\STl'vl 32X COOP secunu amend revised ec.doc
3-30
11-SD-805
PM 2.9/5.0
EA 11-156583/234000
Agreement No. 11-060 I / A2
AMENDMENT NO.2 TO AGREEMENT
This AMENDMENT NO. 2 TO AGREEMENT, ENTERED INTO
, is between the STATE OF CALIFORNIA, acting by
Department of Transportation, referred to herein as "STATE", and
EFFECTIVE ON
and through its
CITY OF CHULA VISTA, a body politic and a municipal corporation
of the State of California, referred to herein as "CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. 015563, District
Agreement 11-0601) on May 6, 2003, said Agreement defIning the terms and
conditions of a project to construct modifications to the Orange Avenue Interchange,
traffIc signals and sound waIls referred to herein as "PROJECT".
2. The parties hereto also entered into an Amendment No. I to Agreement on May 2,
2005, to adjust southerly limit of PROJECT to match the "Limits of Work" as shown
on the Construction Contract Plans.
2. It has been determined and agreed upon, to the benefIt of both STATE and CITY, to
amend the terms and conditions specified in Articles 20 and 21 of Section I of the
original agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 20, Section I of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"To maintain, or cause to be maintained, PROJECT landscape within the STATE's right
of way for twenty (20) months from date of completion of construction, in accordance
with landscape maintenance provisions, to satisfaction of and subject to approval of
STATE. CrrY shall be responsible for landscape, including trash removal and storm
water Best Maintenance Practices maintenance, excluding graffiti removal, within the
STATE's right of way within the limit of construction which extends from Main Street to
Palomar Road, as shown on the attached drawing titled "Limit of Construction". CITY
shall maintain, or cause to be maintained, existing facilities within the construction
limits that seroice areas within the PROJECT limits but which are outside of the
construction disturbance limits. >>
3-31
11-0601A-2
2. Article 21, Section 1 of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"To pay all PROJECT related landscape maintenance costs including water for twenty
(20) months from the date of completion of construction, and to repair to cause to be
repaired, any deficiency during that period that is within the PROJECT's limits or
damaged by the PROJECT's construction or landscape maintenance activities."
3. Article 27 of Section 1II of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction conferred upon CITY
and arising under this Agreement. It is understood and agreed that CITY shall fully
defend, indemnify and save harmless STATE and all its officers and employees from
all claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by CITY under this Agreement. >>
4. Article 28 of Section 1II of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or jurisdiction conferred upon
STATE and arising under this Agreement. It is understood and agreed that STATE
shall fully defend, indemnify and save harmless CITY and all its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortuous, contractual, inverse
condemnation and other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.>>
5. All other terms and conditions of said Agreement (Document No. 015563) and
revised under Amendment No. 1 shall remain in full force and effect.
2 of 3
3-32
6. This Amendment No.2 to Agreement is hereby deemed to be a part of Document No.
015563.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By:
Deputy District Director
By:
APprovedrs to FOITd Procedure:
BYc=--t wci:J,
Attorney
Department of Transportation
By:
Certified as to Funds:
By:
District Budget Manager/BK_
Certified as to Financial Terms and Conditions:
By:"-...~~- ~~\
~' Accounting Administrator
3-33