HomeMy WebLinkAbout2008/11/04 Item 5
CITY COUNCIL
AGENDA STATEMENT
~~l~ C1lYOF
.-- "-- (HUlA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
11/04/08, Item ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A APPROVING A MEMORANDUM OF
UNDERSTANDING (MOD) WITH THE SA,,! DIEGO
ASSOCIATION OF GOVERt'l"MENTS (SANDAG) FOR THE
PURPOSE OF CONDUCTING A STUDY TO EXAMINE MULTI-
MODAL IMPROVEMENTS TO THE INTERSTATE 5 (1-5)
CORRIDOR
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE TRANSFER OF EXISTING
FUNDS FROM CAPITAL IMPROVEMENT PROJECT (CIP) STM
362 "I-5/H STREET INTERCHANGE IMPROVEMENTS' TO CIP
STM361 "1-5 MULTI-MODAL CORRIDOR IMPROVEMENT
STUDY", APPROPRIATING $1,987,200 IN SAFETEA-LU (SAFE,
ACCOUNTABLE FLEXIBLE, EFFICIENT, TRANSPORTATION
EQUITY ACT: A LEGACY FOR USERS) FUNDS AND
AMENDING THE FISCAL YEAR2~09 CIP PROGRAM
DIRECTOR Of ENGINEERING l];:JRX
INTERIM CITY MANAGER ~
4/STHS VOTE: YES [g] NO 0
SUMMARY
The City of Chula Vista would like to enter into an MOU with SANDAG for the purpose of
conducting a shldy to examine multi-modal improvements to the 1-5 corridor between the Main
Street interchange and State Route 54 (SR-54). The MOU provides that S^"NDAG will be the
lead agency and defines roles and obligations for funding. The Council action tonight is for
approval to enter into the MOU and to transfer funds from the [-5/H Street Interchange Project to
the 1-5 Multi-Modal Corridor Study Project.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 6 categorical exemption pursuant to Section 15306 (Information Collection) of the
State CEQA Guidelines. Thus, no further environmental review is necessary.
5-1
11/04/08, Iteml
Page 2 of 4
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City, along with its partners at Caltrans, FHW A and SAi'IDAG desire to participate in a
study to examine multi-modal improvements to the 1-5 Corridor between the Main Street
interchange and SR-54. This study would identify the ultimate improvements needed for the
four-mile long 1-5 corridor that includes the freeway, the railway corridor and the local street
crossings and under-crossings within the City of Chula Vista. The City desires to co-sponsor a
joint multi-modal transportation study along 1-5, (the Project) with SANDAG (Attachment I) .
Separately, Caltrans has also identified a project team that will assist on this effort. The funding
for Caltrans staff is already approved in the Caltrans budget. SANDAG approved their Fiscal
Year 2008/2009 work program budget for this project on October 24, 2008. Neither the Caltrans
nor the SANDAG budget is part of the City of Chula Vista Capital Improvement Program
budget. The project lies entirely within the jurisdiction of the City of Chula Vista but assistance
and coordination on a regional level is required ofCaltrans and SANDAG.
The goal of the [-5 Multi-Modal Corridor Study is to evaluate various modes of transportation
within this corridor in order to identify ultimate improvements to accommodate current and
future traffic demands in the 1-5 south corridor from Main Street to SR-54. This study will
analyze interchange spacing and freeway operations, Light Rail Transit (LRT) and freight rail
operations running parallel to 1-5, and transitlpedestrianlbicycle circulation adjacent to and
across the 1-5 corridor.
This study will prepare preliminary concept alternatives integrating both highway and LRT and
freight rail improvements within this segment of the 1-5 corridor. The areas of focus will include
freeway and rail facilities along 1-5 at E Street, F Street, H Street, Marina Parkway/J Street, L
Street (including hook ramps), Palomar Street, and Main Street. These preliminary concept
alternatives will be narrowed to three concept alternatives.
The highway improvements presented in the concept alternatives will be carried forward by
Caltrans in the preparation of a Project Study ReportlProject Development Support (PSRlPDS)
to serve as the Project Initiation Document (PID) for highway and corridor improvements.
Subsequent to this effort, Caltrans, City, and/or SMTIAG will then proceed with the
environmental document and design phases for the highest priority project(s).
On October 17, and October 24, 2008, SANDAG's Transportation Committee and Board of
Directors, respectively approved the MOD pending tonight's City of Chula Vista approval
(Attachment 2). The purpose of the MOD with SANDAG is to define funding and roles between
City and SANDAG. In addition, the MOD allows SANDAG to take the lead role on the Project.
The scope of work has been prepared by Caltrans and been approved by City and SAi'IDAG
staff. SANDAG has already screened several consultant teams that can adequately perform this
study. The consultant selection process has been completed with Caltrans approval. We have
received a letter from SANDAG attesting that they will be co-sponsors on this project
(Attachment 2).
5-2
11/04/08, Item~
Page 3 of 4
The consultant will prepare a PSRlPDS document to serve as the PID for the LRT and freight
rail improvements proposed in the concept alternatives. The PSRlPDS will be prepared in
accordance with Caltrans policies and procedures and include preliminary engineering and
preliminary environmental analysis, estimated constmction costs, and a conceptual phasing plan
for financing and construction.
The City of Chula Vista has received a Federal grant in the amount of up to $1,987,200 in
SAFETEA-LU funds for this study titled, "Conduct a study to examine multi-modal
improvements to the [-5 corridor between the Main Street interchange and State Route 54". This
Federal reimbursement fund requires a minimum of 20% local matching funds and the City has
identified $540,000 in TransNet funds for the match. Initially, this funding was to study only the
interchange at I-5/H Street in our CIP program identified at STM 362, but staff worked with
Congressman Filner's office, in the SAFETEA-LU Technical Corrections Act of 2008, to
increase the study limits of this study to not only include the H Street interchange but six others;
SR-54, E Street, J Street, L Street, Palomar Street & Main Street in Chula Vista. A corridor study
is needed before we can initiate any interchange improvements. Tonight's Council action will
transfer funds from STM 362 into the Ie5 Multi-modal Corridor Project STM 361. Since there
are several modes of transportation, such as bicycle, pedestrian, rail and transit, that are also
impacted along this constrained corridor, the study intends to evaluate all of them to list in order
of priority the projects that should be undertaken so that they are all coordinated and phased as
funding becomes available.
This effort will result in a Project Study Report, preliminary engineering and estimates but does
not include an environmental document or construction. . Staff intends to utilize any remaining
local and Federal funds to advance the environmental and design portion of the initial priority list
of project(s). It is anticipated that this initial phase of work for the corridor will take
approximately 24 months to complete. The tentative project schedule is to begin in November,
2008 and complete the work by end of Fiscal Year 2011.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Ramirez has property holdings within 500 feet of the boundaries of the
property which is the subject of this action.
FISCAL IMPACT
Grant funds are available for expenditure on a reimbursement basis by the Applicant (City of
Chula Vista) aftcr a fully executed MOU with SAt'IDAG is secured.
At this time, staff is recommending transferring existing funds in the amount of $540,000 from
C[p STM362 to STM361 (which will close STM362 as it is no longer needed), establishing
STM361 and appropriating grant funds in the amount of $1,987,200 amending the Fiscal Year
2008/2009 Capital Improvement Program. As mentioned above, expenditures are on a
reimbursement basis, however, there are sufficient matching funds to mitigate cash flow
deficiencies.
5-3
r
11/04/08, Item~
Page 4 of 4
A breakdown of estimated expenditures for the initial phase of project and available funding for
the entire project are as follows:
Estimated Expenditures for Initial Phase
City Staff Services $ 200,000
Consultant Services (Not to Exceed for Initial Phase) $1,000,000
Total Estimated Expenditures for Initial Phase $1,200,000
Available Fundin!!
TransNet Funds (Transfer from STM362 to STM361) $ 540,000
Grant (Additional Appropriation to STM361) $1,987,200
Total Available Fundin!! 52,527,200
Non-Federal local agency (TransNet) funds in the amount of $496,800 are minimally needed.
The City has $540,000 of local funds from TransNet-L ($50,000) and Transnet-LSI (5400,000)
funds. The City is now overmatched by $43,200, the difference between our required match and
what is locally available. The excess $43,200 has been and shall continue to be used for City
staff charges prior to the Federal authorization to proceed. Once Federal authorization to
proceed is given, most likely in November, City staff can begin to seek City staff and consultant
reimbursement on expenses through Caltrans via the Federal fund reimbursement procedures.
Caltrans and SANDAG staff costs are not part of the City ClP budget since each Agency has a
separate budget for their staff.
A TT ACHMENTS
I. City Request for Co-sponsorship Letter to SANDAG
2. SANDAG Co-sponsor Letter
3, Memorandum of Understanding
Prepared by: David E. Kaplan, Transportation Engineer, Engineering Department
M:IEngineerIAGENDAICAS20081] ] -04-08ICAS 1-5 Study Agreement 10-2 ]-08 FrNAL.doc
5-4
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ATTACHMENT
j
CllY OF
CHULA VlSfA
DEPARTMENT OF ENGINEERING
October 10, 2008
File: STM-361
Bob Leiter, Director of Land Use and Transportation Planning
San Diego Association of Govemments
40 I B Street, Suite 800
San Diego, CA 92101-4231
REQUEST FOR CO-SPONSORSIDP OF PROJECT TO "CONDUCT A STUDY TO
EXAMINE MULTI-MODAL IMPROVEMENTS TO THE 1-5 CORRIDOR BETWEEN
THE MAIN STREET INTERCHANGE AND STATE ROUTE 54".
Please allow this letter to serve as a request by the City of Chula Vista (City) to request that
SANDAG be a co-sponsor with the City to conduct the multi-modal transportation study (the
Study) along Interstate-5. Although the project lies within the jurisdiction of the City ofChula
Vista, Caltrans and SANDAG staff have agreed that the Study is of regional importance since it
will help prioritize and integrate the Regional Transportation Plan by developing a package of
short and long-range actions to reduce traffic congestion along and adj acent to this corridor.
Thus, it is anticipated that staff from all three agencies will work on the Study collaboratively.
Said Study is referred to in the SAFETEA-LU Technical Corrections Act of 2008 under Sec.
105. "PROJECT AUTHORIZATIONS, with the following: "Conduct a study to examine multi-
modal improvements to the 1-5 corridor between the ll.fain Street ilZterchmige and State Route
54". This in turn is also known as Demo Id # 677 and is in the 2008 RTIP as project # CHV30.
As you are aware, the City of Chula Vista has received discretionary funding for up to
$1,987,200 for the 1-5 South Multi-Modal Corridor Study and has budgeted $540,000 local
match, see attached. To that end, the City desires to utilize SANDAG's on-call engineering
consultant to complete the Study and plans on entering into an agreement with SANDAG. A
more detailed Memorandum of Understanding is presently being worked on to more specifically
detail the roles and responsibilities of the City and SAt'lDAG in these regards. We anticipate
that the agreement will be presented to our Council for approval on November 4, 2008.
Per a recent meeting held with Caltrans' District Local Assistance Engineering (DLAE) staff, a
Demo fund co-sponsor change is needed with SA1\'DAG in order to utilize the SANDAG
consultant "on-call" list. The DLAE office would also like SANDAG to confirm that all
procedures for selecting the consultant have followed Chapter lOaf the "Local Assistance
Procedures Manual", LPP 06-02.
The City has placed a high priority on the subject report considering its significant beneficial
impacts of improving transportation and goods movement in the south county and alleviating
traffic congestion, at critical locations within the Region.
276 FOURTH AVENUE I CHULA VISTA, CALIFORNIA 91910-2631 1(619) 691-5021
@1'o"Cu",umnRU'l<l<1JI':lpe.
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5-5
buu .1JCl LeI
October 10, 2008
Page 2
Therefore, the. next step for the city in procuring the funds for the Study is this letter requesting
your agreement on the matter of co-sponsorship and your indication of compliance with LPP 06-
02. If you concur with the above and wish to co-sponsor the Project with the City, please
respond as such, to me in writing.
If you have any questions, please call me or Dave Kaplan, Transportation Engineer at (619) 691-
5025: .
Sincerely,
R. A. OP 1 S
DIRECTOR OF ENGINEERING/CITY ENGINEER
ATTACHMENTS;
H.R. 1195 SAFETEA-LU Technical Corrections Act of2008 (Excerpt)
SANDAG ProjectTrak CHV30
cc: Frank Rivera, Principal Civil Engineer
Dave Kaplan, Transportation Engineer
Elisa Arias, Principal Planner, SANDAG, San Diego Association of Governments
401 B Street, Suite 800, San Diego, CA 92101-4231
Rachel Kennedy, Senior Planner, SANDAG, San Diego Association of Governments
401 B Street, Suite 800, San Diego, CA 92101-4231
Lou Melendez, Caltrans District 11 DLAE Representative, 4050 Taylor Street, San Diego,
Ca. 92110 MS 122
J:\Enginecr\LANDDEV\Projects\Trnrfic Projects (Davc)\1-5 Project Study\SANDAG Co--op lencrdek IO-IO-08.doc
5-6
E-mail message received from Victoria StackWick of SANDAG:
FRIDAY, JUNE 5, 2008 - 2:30 P.M.
Earlier this afternoon, President Bush signed into law the bill H.R. 1195, making a series of technical
and substantive changes to the 2005 SAFETEA-LU surface transportation law. No Public Law number
is yet available for H.R. 1195 -the Office of the Federal Register should assign a P.L. number next
week.
H.R.1195
Title: To amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users to make technical corrections, and for other purposes.
Sponsor: Rep Oberstar. James L. [MN-8] (introduced 2/27/2007) CosDonsors (3)
Related Bills: H.R.3248, S.1611
Latest Major Action: 6/3/2008 Presented to President. [signed 6/5/08]
House Reports: 110-62
H.R.1195
SAFETEA-LU Technical Corrections Act of 2008
Enrolled as A reed to or Passed b Both House and Senate
I SEC.105. PHOJECTAUTHOHIZATION5.
(a) Project Modifications- The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
'119 Stat. 1256) is amended-- .
(145) in item number 3482 by striking the project description and inserting' Conduct a
study to examine mulli-modal improvements to the 1-5 corridor between the Main Street
Interchange and State Route 54'; 1
Note: Original request was for $2.16 million. Final appropriation estimated to be $1,987,200 based on
President's across-the-board reductions of about 80/0.
] The full bill text is more th:m 50 pages long. Tl-.1s annotation :;J.ppears on page 16 of the GPO version of the enrolled bilL
Colleen Camerue Page 1 6/6/2008
5-7
Search Results - THOMAS (Library of Congress)
Page 2 of9
'Highway, traffic-flow, pedestrian facility, and streetscape improvements,
Pittsburgh';
(144) in item number 697 by striking the project description and inserting
'Highway, traffic-flow, pedestrian facility, and streetscape improvements,
Pittsburgh' ;
(145) in item number 3597 by striking the project description and inserting
, Road Alignment from IL Route 159 to Sullivan Drive, Swansea'; .
(146) in item number 2352 by striking the project description and inserting
, Streetscaping and transportation enhancements on 7th Street in Calexico,
traffic signalization on Highway 78, construction of the Renewable Energy and
Transportation Learning Center, improve and enlarge parking lot, and create
bus stop, Brawley,';
(147) in item number 3482 by striking the project description and inserting
'Conduct a study to examine multi-modal improvements to the 1-5 corridor
between the Main Street Interchange and State Route 54';
(148) in item number 1275 by striking the project description and inserting
'Scoping, permitting, engineering, construction management, and
construction of Riverbank Park Bike Trail, Kearny';
(149) in item number 726 by striking the project description and inserting
, Grade Separation at Vanowen and Clybourn, Burbank';
(150) in item number 1579 by striking the project description and inserting
'San Gabriel Blvd. rehabilitation project, Mission Road to Broadway, San
Gabriel' ;
(151) in item number 2690 by striking the project description and inserting
'San Gabriel Blvd, rehabilitation project, Mission Road to Broadway, San
Gabriel' ;
(152) in item number 2811 by striking the project description and inserting
'San Gabriel Blvd. rehabilitation project, Mission Road to Broadway, San
Gabriei';
(153) in item number 259 by striking the project description and inserting
, Design and construction of the Clair Nelson Intermodal Center in Finland,
Lake County';
(154) in item number 3456 by striking the project description and by inserting
'Completion of Phase II/Part I of a project on Elizabeth Avenue in Coleraine
to west of Itasca County State Aid Highway 15 in Itasca County';
(155) in item number 2429 by striking the project description and Inserting
, Upgrade streets, undertake streetscaping, and implement traffic and
pedestrian safety signalization improvements and highway-rail crossing safety
improvements, Oak Lawn';
http://thomas.loc.gov/cgi-bin/query/D?c110:1:Jtemp/-c 11 Ob2IVxD:b38928:
5-8
10/03/2007
ProjectTrak - Project View
1);1!~~ l lJr 3
VIEWING A PROJECT (READ-ONLY MODE)
IF you LIKE TO MAKE CHANGES TO THIS PROJECT, PLEASE PROCEED THROUGH AN AMENDMENT.
VIEW PREVIOUS VERSIONS OF THIS PROJECT
Me.QjQ; CHV30
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2012
$2,527,200
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ADMINISTRATIVE EDIT
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~l,J_MP S.UM LJ.llylP_~!J.M.~~MI;
No
EBOJECTTY= LC..M
Highway - 5 NO
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PROJECT INFORMATION
EROGRAM I AUTHOf~lZATLON TYP!; 10
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I.'=~R~_~R~ f\J.()______________~ 1~677!:J4B2_..I
1_._._________________l5l I.____~___!
LEAD.AGENCY
I Ch~ia--Vrsta: City of
PROJECT TYPE
I Highway -1-5 --
EXEMPT CATEGORY
IOther. Eng-f~eering studies.
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.F:R..QJJ~GT.P1;SCRIPT10N - GUIDELINES
conduct a study to examine multi-modal improvements
Main Street Interchange and State Route 54
RT.lP
nII08:OO - RTIP [g;J
to the 1-5 corridor between the
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11')' II '21108
ProjectTrak - Project View
P:lgl..' ~ IIi' J
SYSTEM ROJ!IE;
l~ocal_Bill L__1gjj
On 1-5 betl,oJeen SR 54 and Main Street interchange
~, CONGESTION RELIEF
I; MAINTENANCE
CAPACITY STATUS
I N~n-Cap~~i;y-increase Sill
-.".-.-----------.----.
EEQ,!.~!8GBAM
CAPACITY INCREASING PROJECT INFORMATION - ONLY REQUIRED FOR CAPACITY INCREASING PROJECTS
PROGRAMMING INFORMATION
U'1
I
~ST JQTALER-OJ_ECT r;O_"-T MONtH yEAR
L _m__g~3?,z..oQi FB9J"-'<.LCOMPLETIQN DATE 1i:J~<:;_J~f1~O_~~._!!fW
FISCAL V.EAR ,UWH_VEE.lpRQGBAM.ME;D HE.YEliUE_SJJ.U.BCE)
IFY 2009 ~ loemo-H19hPriorityProjects
I FY 2009 it:;"ifl TransNel - Local Streets and Roads
I PY 2009 lli!lJ jTransNet -local Streets Improvements
~
Ei'1Y / J:i'1G.R
li;oll S1,987.20011
llliU I S50,oooll
11:1111 $490,00011
Demo - High Priorily Projec.ls J $1,987,20011
TransNel- local S1r~els and Roads I $50,00011
TransNal - l~cal Streets Improvements I $490,00011
GRAND TOTAL I S2,527.20011
DOES THIS PROJECT ACCOMMODATE BIKE/PEDESTRIANS? !YES !)gj
Cl
.OPS/MAINT r:
RQVV CON TOTAL
sol L-__:i2i i -il :987Z0Q;
soil sol [--$'50:0001
soil SQ] C:~~~:QQQi
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sol I solC==-__~~~OQ9J
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CHANGE REASON
HISTORICAL COMMt=r>.JTS
GtiIlliQl"-B-,,!\SON
Carry over from 06-00. Revise project description
t-ji\RRATIVE DEgRIPTION. GUIDANCE
Change in project title and description per Congressional authorization. .Also note
that $50,000 in Transnet funds were appropriated for PYOS, and an additional $490,000
will be appropriated for FY09.
!i~BRATI~EJ&!J.LQJIIP.I~}
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OWl 1'~{)08
ProjectTrak - Project View
!Jag\.' .1 \)1' J
Changed Project Title:
- from "H Street and 1-5 Interchange Improve~ents" to "1-5 Multi-Modal Corridor
Improvement Studyll
Change Project Description:
- from "At H Street and I-5 interchange - preliminary engineering, environmental
analysis, and project design for future widenlng and improvement (DEMO 10: CA677 HPP
No: 3482)"
to Ilconduct a study to examine multi-modal improvements to the 1-5 corridor between
the Main Street Interchange and State Route 54"
Changed System:
- from I'State'! to "Local"
Changed Project Completion Date:
- from "DEe 2010" to "DEe 2012"
(J1
I
~
~
Decrease Funding
TransNet - Local Streets Improvements:
- Decrease funds in FY 2009 in ENG from $540,000 to $490,000
TransNet - Local Streets and Roads:
~ Add funds in FY 2009 in ENG for $50,000
Demo - High Priority Projects:
- Decrease funds in FY 2009 in ENG from $2,160,000 to $1,987,200.
Total project cost decreased from $2,700,000 to $2,527,200
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htlp://projecttrak.sandag.org/projecUnfo.asp?projecUd=CHV30&version=2
IIl)'11 C008
CSANl!lJ~
401 B Street Suite 800
San Diego, C4 92101-4231
(619) 699-1900
Fax (619) 699-1905
W\iV\I\I.sandag.org
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ATTACH tvlE I\JT
2
October 23, 2008
File Number 3007000
Mr. Rick A. Hopkins
Director of Engineering
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
Dear Mr. Hopkins:
SUBJECT:
Co-sponsorship of Project to "Conduct a Study to Examine Multi-
modal Improvements to the 1-5 Corridor Between the Main Street
Interchange and State Route 54"
Please accept this letter as SANDAG's commitment to serve as a co-sponsor
with the City of Chula Vista (City) to conduct a multi-modal transportation
study (Study) along Interstate 's between Main Street and State Route 54.
As outlined in a Memorandum of Understanding between the City and
SANDAG, both agencies have agreed to utilize the contracts SANDAG has with
on-call engineering consultants for a portion of the Study effort. The SANDAG
on-call consultant list was developed in conformance with Chapter 10 of the
"Local Assistance Procedures Manual," LPP 06-02.
We look forward to working with the City and Caltrans on this important
Study. Please feel free to contact Rachel Kennedy, Senior Transportation
Planner, at (619) 699-1929 with any questions.
Sincerely,
~~
f/ BOB LEITER
Director, Land Use and Transportation Planning Department
RKE/dsn
cc:
Elisa Arias, Principal Planner, SANDAG
Rachel Kennedy, Senior Transportation Planner, SANDAG
Frank Rivera, Principal Civil Engineer, City of (hula Vista
Dave Kaplan, Transportation Engineer, City of Chula Vista
Lou Melendez, Project Manager, Caltrans
5-12
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY CO~CIL_7
f\\ i /
;- /
. aV
B rt C. Miesfeld
Interim City Attorney
Dated:
10/7.,0/Of)
1 '
Memorandum of Understanding
Between San Diego Association of Governments
And the City of Chula Vista
Regarding 1-5 South Multimodal Corridor Study
Sandag Contract No. 500
5-13
ATrACHMENT 3
MEMORANDUM OF UNDERSTANDING
BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND THE CITY OF CHULA VISTA
REGARDING 1-5 SOUTH MUL TIMODAL CORRIDOR STUDY
SANDAG CONTRACT NO. 500
This Memorandum of Understanding ("MOU") is made and entered into effective as of this
24th day of October 2008, 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
Interstate 5 (1-5) South Multimodal Corridor Study. 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 Agreement:
WHEREAS, in 2005, Chula Vista requested $2,160,000 in federal discretionary funding from
the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU), surface. transportation law for "Project Design and Environmental Assessment of
Widening and Improving the Interchange at H Street and 1-5, Chula Vista;" and.
WHEREAS, in 2005, Chula Vista was awarded federal discretionary funding for the project
(DEMO I.D. # CA677 & HPP No. 3482) in the amount requested; however the final appropriation was
subsequently reduced to $1,987,200 based on the President's acr05s.the.board reduction' of about
8 percent; and
WHEREAS, the grant of discretionary funding requires Chula Vista to provide local matching
funds; and .
WHEREAS, Chula Vista will provide local matching funds in the amount of $540,000 from
TransNet local funds; and
WHEREAS, in 2005, Chula Vista requested that the project description be revised to
"Conduct a study to examine multimodal improvements to the [.5 corridor between the Main Street
Interchange and State Route 54" ("Project"); and
WHEREAS, bill H.R.1195 was introduced on February 27, 2007, to amend SAFETEA-LU to
make technical corrections, and for other purposes, including revising the project description to that
requested in 2006; and
WHEREAS, on June 3, 2008, the bill known as H,R.1195 was presented to President Bush and
signed into law on June 5, 2008, which included the H Street and 1.5, Chula Vista project technical
correction in Section 105 of the bill as follows: "(145) in item number 3482 by striking the project
description and inserted. Conduct a study to examine multimodal improvements to the 1-5 corridor
between the Main Street Interchange and State Route 54." which is hereafter referred to as the
"Project;." and
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WHEREAS, the Project is of regional importance to Caltrans, Chula Vista, SANDAG. and the
public as it is expected to reduce delays attributed to congestion on several modes of transportation
and will improve mobility, goods movement and safety and is therefore included in the 2008
Regional Transportation Improvement Plan (RTIP); and
WHEREAS. due to the complexities and inter-relationship to the modes of transportation
along the study corridor in the project study area, it is in the best interests of the region that
Caltrans. Chula Vista. and SANDAG work collectively on the Project; and
WHEREAS. SANDAG will be the lead agency and administer the Project in cooperation with
Chula Vista and Caltrans; and
WHEREAS. SANDAG shall utiliz.e its on-call engineering consulting services to complete the
Project as described in this MOU; and
WHEREAS. funding for the Project from the federal discretionary funds will be paid to
Caltrans via a Federal Fund Transfer Agreement. and Chula Vista and Caltrans intend to enter into
an agreement to authorize reimbursement to SANDAG for all Project costs from funds provided by
the Fund Transfer Agreement; 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 budget for the Project shall not exceed 51.300,000 with the funds to be expended as
follows:
a. An amount not to exceed $1.000,000 for Consultant services from funds authorized in
the Fund Transfer Agreement.
b. An amount not to exceed $100,000 as Consultant contract contingency from funds
authorized in the Fund Transfer Agreement.
c. An amount not to exceed $200,000 for Chula Vista staff expenses from the local
matching funds.
2. SANDAG shall receive an amount not to exceed $1,100,000 as reimbursement for Project
costs. All expenses incurred by SANDAG for Project. including consultant costs. claims,
litigation or other liability, shall be reimbursed by Chula Vista.
3. SANDAG shall use one or more of its existing on-call engineering consultants to perform work
on the Project. Chula Vista shall pay the Consultant expenses in the amount identified in
section 1 (a) and (b) and in the manner described in section 4.
4. SANDAG shall invoice Chula Vista no more than once per month. Chula Vista shall authorize
Caltrans to make payment to SANOAG within 15 days of receipt of an invoice submitted by
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SANDAG for Project costs. Chula Vista shall enter into a separate agreement with Caltrans
authorizing payment to SANDAG for Project costs from the Federal Fund Transfer Agreement
based on an invoice approval process that calls for reimbursement to SANDAG within 30 days
of SANDAG's submission of an invoice to Chula Vista. SANDAG shali have no obligation to
perform under this MOU until after the agreement between Chula Vista and Caltrans is
executed. SANDAG may terminate work on the Project if it is not reimbursed by Caltrans or
Chula Vista within 30 days of submitting an invoice.
5. The Parties hereby agree upon the allocation of tasks as outlined in the attached Exhibit A.
6. During the term of this MOU the Parties shall be responsible for the storage and maintenance
of their respective electronic data c,?lIected for use on the Project. 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 joint 'property of Chula Vista, SANDAG, and Caltrans.
7. Neither the City of 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 SANOAG under this MOU. It
is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall
fuliy defend, indemnify and save harmless the City of Chula Vista, ali officers and employees
from at! 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.
8. Neither the SANDAG nor any officer thereof is responsible for any damage or liability
occurring by reason of anything done or omitted to be done by the City of 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,
SANDAG shall fully defend, indemnify and save harmless the 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 the City of Chula Vista under or in connection with
any work, authority'or jurisdiction delegated to the City of Chula Vista under this MOU.
9. 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.
10. 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
Engineering Department
276 Fourth Avenue
Chula Vista, CA 91910
Ann: Frank Rivera
401 8 Street, Suite 800
San Diego, CA 92101
Attn: Rachel Kennedy
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11. That unless it is amended by the Parties in writing. this MOU shall terminate on June 30. 2011.
or on such earlier or later date as the Parties may agree to in writing.
12. The indemnification provisions of this MOU shall survive termination of the MOU.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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
Executive Director
RICHARD A. HOPKINS
Director of Engineering/City Engineer
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Office of General Counsel
Bart Miesfeld, City Attorney
Attachment: Exhibit A . Interstate 5 South Multimodal Corridor Study Allocation of Tasks
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EXHIBIT A
INTERSTATE 5 SOUTH MUL TIMODAL CORRIDOR STUDY
ALLOCATION OF TASKS
Description of Tasks Del Ivera b les/Ou tcomes
Task 1 - Definition of the Study Area and Study Area Map, Corridor Aerial Photographs,
Preparation of Problem Statement Purpose and Need/Mission Statement. and Issue
Statement
Task 2 - Definition of Alternatives Definition of Alternatives, Travel Demand
Forecasts, and Preliminary Cost Estimates
Task 3 - Initial Screening of Alternatives Alternatives Evaluation, Public Outreach
Materials and Public Outreach Activities
Task 4 - Technical studies and analysis of Traffic Studies, Environmental Constraints
alternatives Analysis, and Engineering Feasibility Reports
Task 5a - Project Study ReportJProject Draft and Final PSR (highway)
Development Support (PSRJPDS) for Near-Term
Improvements
Task 5b - PSRJPDS - Consultant Engineering Draft and Final PSR (PDS) rail/transit
Support (rail\transit) for Near.Term
Improvements
Task 6 - Selection of a preferred strategy for Preferred Transportation Improvement Strategy,
transportation improvements in the study area Cost Estimates, Phasing and Financing Plan,
PubHc Outreach materials and activities.
Task 7 - Document Findings and Final report (Project Study Report-Project
Recommendations Development Support). which is a compilation of
deliverables with introduction and project-wide
conclusions
Task 8 . Presentations Stakeholder Outreach
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR
THE PURPOSE OF CONDUCTING A STUDY TO EXAMINE MUL TI-
MODAL IMPROVEMENTS TO THE INTERSTATE 5 (1-5) CORRIDOR.
WHEREAS, City also desires to co-sponsor a joint multi-modal transportation study
along 1-5, (the Project) with SANDAG; and
WHEREAS, Caltrans has also identified a project team that will assist on this effort; and
WHEREAS, SANDAG approved their Fiscal Year 2008/2009 work program budget for
this project on October 24, 2008; and
WHEREAS, the project lies entirely within the jurisdiction of the City of Chula Vista but
assistance on a regional level is required of Caltrans and SANDAG; and
WHEREAS, this study will analyze interchange spacing and freeway operations, Light
Rail Transit (LRT) and freight rail operations running parallel to 1-5, and
transit/pedestrian/bicycle circulation adjacent to and across the 1-5 corridor; and
WHEREAS, the purpose of the MOU with SANDAG is to define funding and roles
between City and SANDAG; 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
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, 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a MOU with the SANDAG for the purpose of conducting a study to
examine multi-modal improvements to the 1-5 Corridor.
Richard A. Hopkins
Director of Engineering
Presented by
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RESOLUTION NO. 2008~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE TRANSFER OF EXISTING FUNDS
FROM CAPITAL IMPROVEMENT PROJECT (CIP) STM362 "1~51l-I
. .
STREET INTERCHANGE IMPROVEMENTS TO CIP STM361 "1~5
MULTI~MODAL CORRlDOR IMPROVEMENT STUDY",
APPROPRIATING $1,987,200 IN SAFETEA~LU (SAFE,
ACCOUNTABLE FLEXIBLE, EFFICIENT, TRANSPORTATION
EQUITY ACT: A LEGACY FOR USERS) FUNDS AND AMENDING
THE FISCAL YEAR 2008/2009 CIP PROGRAM
WHEREAS, the City desires to co~sponsor ajoint multi~moda1 transportation study along
1~5 with SANDAG; and
WHEREAS, the project lies entirely within the jurisdiction of the City of Chula Vista but
assistance on a regional level is required of Caltrans and SANDAG; and
WHEREAS, the highway improvements presented in the concept alternatives will be
carried forward by Caltrans in the preparation of a Project Study Report/Project Development
Support (PSR/PDS) to serve as the Project Initiation Document (PID) for highway and corridor
improvements; and
WHEREAS, Caltrans, City, and/or SANDAG witI then proceed with the environmental
document and design phase for the highest priority project(s); and
WHEREAS, the City of Chula Vista has received a Federal grant in the amount of up to
$1,987,200 in SAFETEA~LU funds for this study titled, "Conduct a study to examine multi~
modal improvements to the [~5 corridor between the Main Street interchange and State Route
54"; and
WHEREAS, this Federal reimbursement fund requires a minimum 01'20% local matching
funds and the City has identified $540,000 in TransNet funds for the match; and
WHEREAS, the study limits were increased to not only include the H Street interchange
but six others; SR~54, E Street, J Street, L Street, Palomar Street & Main Street in Chula Vista;
and
WHEREAS, Grant funds are available for expenditure on a reimbursement basis by the
Applicant (City of Chula Vista) after a fully executed MOU with SANDAG is secured; and
WHEREAS, once Federal authorization to proceed is given, City staff will begin to seek
reimbursement on expenses through Caltrans via the Federal fi.md reimbursement procedures;
and
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WHEREAS, Caltrans and SA,'1DAG staff costs are not part of the City CIP budget since
each Agency has a separate budget for their staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby authorizes the transfer of existing funds from Capital Improvement Project (CIP)
STM 362 "I-5/H Street Interchange Improvements to CIP STM361 "1-5 Multi-Modal Corridor
Improvement Study", appropriates $1,987,200 in SAFETEA-LU (Safe, Accountable Flexible,
Efficient, Transportation Equity Act: A Legacy For Users) Funds and amends the Fiscal Year
2008/2009 CIP Program.
Presented by
Richard A. Hopkins
Director of Engineering
.
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