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HomeMy WebLinkAbout2009/04/21 Item 7 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF '-~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 4/21/09, Item 1 RESOLUTION OF THE CITY COLJNCIl OF THE CITY OF CHULA VISTA. APPROVING THE PROGR.A..lv! SUPPLE1vIENT AGREEMENT NO. 017-N TO THE ADMINISTERING AGENCY- STATE AGREEMENT FOR FEDER.AL-AID PROJECTS \VITH THE STATE OF CALIFORi"fIA DEP.A.RTMENT OF TRA1"JSPORTATION . REG.A.RDING PRELIMINARY ENGIN~ERING ANTI ENVIRON- MENTAL ANALYSIS ACTNITIES TO BE TJNDERTAKEN BY THE CITY OF CHUlA VISTA FOR PROJECT HPLU-5203(028), THE FUTURE WIDENING OF THE HERITAGE RO.!\D BRIDGE . OVER THE OTA Y RIVER, AL'-iTI AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ~:GREEMENT DIRECTOR OF ~~UBLI WORKS ~ CITY MANAGE . ASSISTAL"fT CITY . ANAGER S r 4/5THS VOTE: YES 0 NO c::g SUMlVli\RY In 2005, Federal funds were authorized from the "Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users" (SAFETEA-lU) Program for the City to perform Preliminary Engineering and Environmental Analysis (Study) for the future widening of the Heritage Road Bridge. The City of Chula Vista received authorization (form E-76) to be reimbursed for work preformed on the Study as of February 13, 2009. In order to receive reimbursements, the City must now execute the Program Supplement Agreement. The Study is needed to determine the ultimate configuration ofthis portion of Heritage Road and the Bridge. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action qualifies for a Class 6 categorical exemption pursuant to Section 15306, Information Collection, of the State CEQA Guidelines because the proposed activity consists of basic data collection, research and information as part of a study leading to an action which the City of Chula Vista has not yet approved, adopted, or funded. Thus, no further environmental review is necessary. RECOMMENDATION Council approve the resolution. 7-1 4/21/09, Item~ Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Heritage Road Bridge, over the Otay River, between Main Street and Entertainment Circle will likely require widening to accommodate future traffic projections and the surrounding developments. To assist the City in determining the appropriate facilities (Bridge and approach roads) for the ultimate Heritage Road, the Federal Government approved $1,995,271 (80% of the cost) in SAFETEA-LU funds for Preliminary Engineering and Environmental Analysis. The City is responsible for the remaining $498,818 (20%) of the expected costs. The City will be reimbursed for its work through CALTRA1"lS-Local Assistance. The Program Supplement Agreement is the next and last part of an overall agreement between the City and CAL TRANS prior to the City receiving its reimbursements for this project. The Preliminary Engineering and Environmental Analysis will determine the ultimate Heritage Road Bridge Configuration, alternative costs and any environmental concerns. The existing bridge was built by the County of San Diego and subsequently widened by the City to 4 lanes with no shoulders after the original culverts were washed out in 1992. The timber deck construction has a short life-cycle, making the bridge an interim facility. Currently, this portion of Heritage Road runs south from Main Street and is not yet connected to the northerly portion of Heritage Road within Otay Ranch; Heritage Road within Otay Ranch will be completed with the development of Village Two South. When the Chula Vista portions are connected and San Diego's portion is widened, Heritage Road will become a regional route connecting Eastern Chula Vista and Otay Mesa. The traffic volumes on this segment of Heritage Road and on the bridge are expected to increase when these connections are made and the surrounding areas are further developed. The Preliminary Engineering and Environmental Analysis for the Heritage Road Bridge (HPLU- 5203(028)) is on the list of SAFETEA-LU High Priority Projects; additionally it is in the 2008 Regional Transportation Program (RTIP) and is in the 2009 Federal Statewide Transportation Improvement Program (2009 FSTIP). All Authorization to Proceed Documents have been approved by CAL TRA1"lS and we have received the Authorization! Agreement Summary (Form E-76) approving the reimbursement of charges made as of February 13, 2009. The City can invoice for reimbursements after it executes Program Supplement Agreement No. Ol7-N to Administering Agency - State Agreement No. 11-5203R. The proposed action would approve the Program Supplement Agreement for Heritage Road Bridge project and authorize the Director of Public Works to execute the agreement on behalfofthe City. DECISION MAKER CONFLICT Staff has reviewed the property holdings ofthe City Council and has found no property holdings within 500feet ofthe boundaries of the property which is the subject of this action. FISCAL IMPACT This project is budgeted as part of the Capital Improvement Program (CIP) process, as STM-364. It is anticipated that the approved project is to be funded from the following funding sources: 7-2 4/21/09, Item~ Page 3 of 3 The total obligation of Federal Demonstration (DEMO) funds, a component of Federal SAFTEA-LU legislation, is $1,995,271 (80%). Local funds from Development Impact Fees (TDIF) in the amount of$498,818 (20%) Total Funds for Preliminary Engineering and Environmental Analysis are $2,494,089. ATTACHMENTS 1. Program Supplement No. N017 2. Authorization/Agreement Summary (Form E-76) 3. Fact Sheet Prepared by: /y[ario Ingrasci. Associate Civil Engineer, Public Works/Engineering J'd:\Engil1eerIAGENDA ICAS2009\04-2 I -09lHeritage Rd Bri'dge, doc 7-3 ATTACHMENT / l?ROGRA..~ SUPl?LEMEN'!' NO. NO 1 7 to ADMIEcrS~ERING AGENCY-S~ATE AGRE~NT FOR FEDERAL-AID l?ROJEC~S NO. 11-5"203R Date : February 25; 2009 Location: ll-SD-O-CHV proj ect Number :HPLU-5203(028) "E.A. Number:1l-213014 This Program Supplement hereby incorporates the Adrni:ni.stering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on / / and is subjeCt to all the t=s and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement llIlder authority of Resolution No. , approved by the Administering Agency on (See copy attached). The Admi:nistering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. " PROJECT LOCATION: Heritage Road between TYIain Street to Entertainment Circle Tn E OF WORK: Pre liminary Engineering and Environmental Analysis for future widening of t LENGTH: o (MILES) Estimated Cost Federal Funds Matching Funds HYlO 5479,065.00 LOCAL OTHER 52,494,089.00 LYlO 51,516,206.00 5498,818.00 50.00 $0.00 CITY OF CBULA VISTA STATE OF CALIFORNIA Department of Transportation By By Chief, Office of Project Implementation Division of Local Assistance Date Attest Date Title I hereby certify upon my personal knowledge that budge~ed funda are ~ilable for this encumbrance: Chap ter vI\ cWlcl~ ly Date d -jl-OCJ_ $1,995,271.00 Accounting Officer Item. prog:am. Fund Source AMOUNT 268 2008 2660-102-890 2008-2009 20.30.010.680 c 262042 892-F 1,995,271.00 PrograJll suppiement 11-5203R-N017- IS= Page 1 of 4: 7-4 :D-O-CHV 02/25/2009 ,U-5203(028) SPECIAL COVEN~~S OR R~~S , 1. ADMINISTERING AGEN~I agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s) . 2. Any State ~~d Federal funds that may.have been encumbered for this project are only available for disbursement for a period of five (5) years ~~d seven (7) years, respectively, from the start of the fiscal year(s) that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s) issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not ?e paid from that fiscal year's encumbered funds because all of these unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuent to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 3. The .ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. Award information shall be submitted by the ADMINISTERING AGENCY Program Supplementll-5203R-N017- ISTRA Page 2 of 4: 7-5 ll-SD-O-CHV 02/25/2009 HPLU-5203(028) SPECIAL CO~~ANTS OR REMARKS to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to.: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 94~874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a writta~ explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 6. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, . national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DEE Program Implementation Program Supplementll-5203R-N017- ISTEA Page 3 of ~ 7-6 .SD~O-CHV 02/25/2009 LU-5203(023) SPECIAL COVE}l'ANTS OR. REMARXS Agreement. The Administering Agency shall t~~e all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administrating Agency's DEE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DEE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and 'failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) . Program Supp1_ent 11- 5203R-N017 - rSTEA Page 4 of 4 7-7 FNM-76 (I1ERSION E-76) FEDERAL ~lD PROG~] DLA LOCATOR ll-SD-Q-CHV PREFIX HPW . PROv1CT NO 5203(028) SEQ NO 1 DIST-EA 11-213014L AGENCY CHULA VISTA ROOTE 0 TIP DAT~.: MPO/YEAR DATE STIP REF: 21000000752 ORBll.NIZED URB/RURAL BRIDGE NOS SANDil.G . 08/09 S]J~~ DIEGO ORBAN AREA 57C0670 PHASE PE PPNO - 11-CHV36 STATE REMil.RKS . ATTACHMENT ;Z- AUTHORIZATION/AGREEMENT Sul~~Y CALIFO~~IA DEP]J.RTMENT OF T~]SPORTATION PREVo AUTH/AGREE DATE PROJECT LOCATION HERITAGE RD BET/ MAIN ST TO ENTERTlllNI1ENT CIR DISASTER. * D&~O ID * CA356 TYPE OF WORK PE & ENVIRON .)l])l.1YSIS FOR'll FED. RR NOS PUC CODE (S) EXEMPT FROM FHWA REVIEW ENV STATUS R/N STil.TUS BEGIN MP END MP IIN RTE .000 .000 PE R/iI CON SPR MCS OTH APPR CODES. HY10 LY10 LINE NOS 10 IMPRV TYPE 15 FUNC, SYS M PROJECT COST FEDE~.1 COST )l.C COST PREV, OBLIGATION THIS REQUEST SUBTOTAL .00 2,494,089,00 2,494,089.00 .00 .00 .00 .00 1,995,271,00 1/995,271.00 TOTAL 2/494,089.00 .00 1,995,271,00 SEQ#l WX 01/20/09 REQUEST FOR PE ONLY $1,995,271; DEMO ID CA356, HPP# 0450 LEFT-OVER APPRO. AMT = $560K . . PM 02/03/09 RETURNED TO ADJUST REI~3URSEMENT RATIO TO 80.00%, S~Q*l wx 02/05/09 RETPlu~SMIT E-76 WITH CORRECTED 80% REIMBURSEMENT PATIO, ON 02/05/09 619-756-1371 ON 02/09/09 619-653-7759 ON 02/09/09 ON 02/09/09 FOR CALTP}J)S ON 02/10/09 FOR Fh~A ON 02/13/09 . AUTHORIZATION TO PROCEED WITH PRE PREPARED BY WEI XIA PRELIM ENGINEERING REVI~#ED BY PEDRAM ~~FI AUTHORIZED BY. W, EMMETT ELECTRONIC SIGNATURE DOCUMENT. TYPE AUTH/AGREE SIGNED BY W, .E~]TT PROCESSED BY J. FOGLE LAST FHWA ELECTRONIC SIGNll.TIJRE EXECUTED BY M1HY CUNNINGH.".t'! 7-8 --> ATTACHMENT ~ FACT SHEET FOR: C=iJ~WOU&@~ ~@&[Q) lIDmO[Q)@12 [}Jm@cD~@u CAl T~~S I8\R~DGE ~O, 511Co<<J61<<J DRAFT _u-\ PROJECT I OCA TlON: Thlf HlEmlAGIE RO/iID ~R![DGlE [S iO~ r~]1E OllAV . ~~ SOijil"H E~ mE QT\f (jf GJUIA Vll5ir;\ CAUfORIIl~, ThlIE oomlNlG IBlRJIOOf CRrOSSIES TI-l1E 01~Y rovlE~ iWCJINlG ~]Em~,GIE RO~ I8rnilEiElNl MJiAlJIiIl SlRlEiEr AIIlD IE~JTIERT~IIlMIE~rr ORrCI.f, ~'5ir Of Km~AiE i@(G5, PROJECT GOAL: THIE 01Y Of CHULA VllSTA PROIPiOlSES TO CO~JDUcr Sii1JlDKB) :RfG~~Ki\!IG ThllE IJ1IlIDEi\!IKiIiIG Of ThlIE ~]lErorAGIE ROAD I8R1DGIE, THIESIE srumlES SHMl. IiIlCWDIE ~~UM[~~V flllGIi\!IlElErolllG ~D lEiNlVll~O~Jif'!uiEi\ITAl ~Ji\\lYSXS IRflATiED srumiEs. PROJECT DESCRIPTlON:. ThlE ~REUM[IIlAAV !EIIlGKi\!IlE!E~IIlG SllUDKIES TOIB\IE . IPIERfO~MIED 1!''\IlIll AiLiUOW V~iCJIUS ~R1DiGIE ~TIE~1NB) (AlJ[GINl~llEiIlT ~D I8~DGIE n'~Ey TO l81E 8fAMI~]IED Xiii] OR:DJIER TO SlEllEcr THIE MOsr COST lEfflEOJilI'JIE D!ESIG~] iJiHAT WJIliL ~]IEET ThllE CUIRir~i'IT ~D flLITURIE IIllEiEDS Of TrillE CITY ~D ~GKOIll, ThlIE SlEllECfiED ~IJriE~JATIVIE ~lllIll Th]IE~j I8lIE USIEID TO ~RIE~IA\1\<.!E .AJ\lJ~l COINlSifRiJCTIOi'l !~[Ul\j\J]S IFOR ADVIERTISIi'lG AiIilD CQl~jlPEITl1'ivJIE IBIDm~]G~ T'1Fl1E IEIIlVll~O~~]lEiIlT%ll All'ljp\\lYSIS lNRl DIETIE~][~]1E . AiNlD IPlRJEflARf 11HIlE IEM\jlIiR<.O~]MIE~JTAiL D(oc:ruMIE~ji iIilIEIED[ED fO~ TI~][E IP~OJ[Ecr, M.lIRiEQUK~D ~rERMITS TO r81iE O~TP\Ki'lrED Jij\!]D ~Jj\j'\f MmrGATIOl'!j ~]IEIEDIED Ki'l iQ)~iEiR<. TO COMlPlY ~JIT:H lOCi-&,l, STATf IA\!NlD fciDlEMiL ~QUK~~]IE~S WIll AlSO !B:E COMlPllETlEiD, ANTICIPATED TOTAL COST: TO ~IE DIETERlMKiNllED COMPLETION DATE: TO r81rE iD8"iE~UiNlrED PROJECT CONTACTS: 01Y Of C~]UIA 1i1STp\: JOSIE GO~jiEZ, \P,IE., IP,LS, PIt {!o19J) ~1i61-23(G1 ~,~ CITY OF CHUl..A VISTA ~.': ~ DEPARTh!!':i'!.T OF PlJi3UC WORXS ~ 278 FOURTH AVlEMlIE arr OF CHULA V1STA, CA '91910 0il1lA VISfA (619) 47$-2301 FILE NO. STM-J64 N @ ~ ~-..~::::::-- f~~ _ _ NO s~ _ ~ ----fSTREtf\\ --, --- I ')\: ~ [p~@cO~@u I I \\S~ @Du~ I I" \ I I '\'I orAY orA y I ~~\y~ \, RIVER , <2. '~:;: 'RIVER ~ ~ I , \ CJ i\ ,<p., \ \ I -- "~/ I I ". \ \ I \\ '\ \ ~-:_JENTER~~~~.\ - - ~-:-:-- cr;;":-- -,\\-\ , , \ , \ ' ,\\ . \\ \ \ \ \ \\\ \\\ , \ \ \ \ ~------ -\' \~\ I ~ '\ I ~~ .-l ~'~ \ \ CRICKET WIRELESS AMPHITHEA TER PARKwAY NIRVANA \ e AVENUE: PROJECT SITE MAIN PALM VICINITY MAP J: \Sur", \S :J54\AutoCAO Orowings\SII./ 354 Foct Sheetdwg 01/09/2009 1:07:01 PM PST NO SCALE RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROGRAM SlTPPLE&fENT AGREE&fENT NO. 017-N. TO THE ADMINISTERING AGENCY-STATE AGREENfENT FOR FEDERAL-AID PROJECTS W1TH THE STATE OF CALIFORL~IA DEPARTNfENT OF TRANSPORTATION REGARDING PRELIMINARY ENGINEERING AND ENVIRONMENTAL At~AL YSIS ACTIVITIES TO BE UNDERTAKEN BY THE CITY OF CHULA VISTA FOR PROJECT HPLU-5203(028), THE FUTURE WIDENING OF THE HERIT AGE ROAD BRIDGE OVER THE OTAY RIVER, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID AGREENfENT WHEREAS, the City of Chula Vista expects the traffic volume over the Heritage Road Bridge crossing Otay River south of Main Street to increase significantly when Heritage Road is connected from Main Street to Otay Ranch, when the City of San Diego wldens the southerly portion of Heritage Road to Otay Mesa, and when the surrounding areas are further developed; WHEREAS, the City of Chula Vista desires to perform Preliminary Engineering and Environmental Analysis to determine the appropriate size of facilities for Heritage Road and bridge, and when it will be required; WHEREAS, the Federal Government approved $1,995,271 (80%) in "Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users" (Safetea-Lu) funds, for Preliminary Engineering and Environmental Analysis for the Heritage Road Bridge; WHEREAS, . the City of Chula. Vista will use matching local funds from Development Impact Fees (TDIF) in the amount of $498,818 (20%) to perform the above mentioned studies; and, WHEREAS, the State of California Department of Transportation (CAL TR.ANS) has authorized the City of Chula Vista to be reimbursed for performing the above-mentioned studies after the City executes the Program Supplement Agreement. NOW, THEREFORE, BE IT RESOL VED the City Council of the City ofChula Vista does hereby approve the Program Supplement Agreement No. 017-N to the Administering Agency- State Agreement for Federal-Aid Projects with the State Of California Department Of Transportation regarding Preliminary Engineering and Environmental Analysis activities to be undertaken by the City of Chula Vista For Project HPLU-5203(028), the Future Widening of the Heritage Road Bridge over the Otay River, a copy of which shall be kept on file in the office of the City Clerk. (H:\ENGlS{EER\RESOS\Resos2009\04-21-09\CAL TRA.NS Agree Heritage Rd Br.doc) 7-10 BE IT FURTHER RESOLVED that the Director of Public Warks of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Richard A. Hopkins Director of Public WorkS/City Engineer (H:\ENGINEER\RESOS\Resos2009\04-21-09\CAL TRA1"lS Agree Heritage Rd Br.doc) . 7-11