HomeMy WebLinkAbout2009/12/08 Item 5
CITY COUNCIL
AGENDA STATEMENT
~ \ 'f:.. CITY OF
'-~ (HULA VISTA
12/8/09, Item "5
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVfNG THE PROGRAlvI SUPPLEMENT
AGREEMENT NO. 009-M2 TO THE ADMINISTERING AGENCY-
STATE AGREEMENT NO. 11-5203 FOR FEDERAL-AID
PROJECTS WITH THE STATE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION REGARDING PRELlMfNARY
ENGINEERING FOR PROJECT BHLS-5203 (016), THE
REPLACEMENT OF THE WILLOW STREET BRroGE PROJECT,
OVER THE SWEETWATER RIVER, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS )D EXECUTE SAID
AGREEMENT . A~
DIRECTOR OF PUBLIC WORKS ~
ASSISTANT DI':f:t OF FNGINE'0""'"
CITY MANAGE . ",-
ASSISTANT CIT MANAGER 'S ')
4/5THS VOTE: YES D NO IZ;J
ITEM TITLE:
REVIEWED BY:
SUMMARY
By Resolution No. 18707, on June 17, 1997, the Chula Vista City Council approved the
Administering Agency-State Master Agreement for Federal Aid Projects No. 11-5203. Said
Master Agreement provides the basis for all the transactions required through the State before
Federal Aid funds can be released to the City.
Federal Aid funds have been authorized from the "Highway Bridge Replacement and
Rehabilitation Program" (HBRRP), which was later renamed and is currently referred to as the
"Highway Bridge Program" (HBP), for the City to perform Preliminary Engineering (PE) for the
replacement of the Willow Street Bridge project. The City of Chula Vista initially received
authorization to proceed (form E-76) for PE work on February 5, 2002. In order to receive
additional reimbursements, the City must now execute an updated Program Supplement
Agreement (PSA). The City originally executed a PSA on October 1,2002. However, due to a
change in project scope, additional funds have been approved by the State for the completion of
the PE phase, which requires the execution of an updated PSA that retlects the current Federal
Aid fund allocations.
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12/8/09, Item 5
Page 2 of 3
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.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The existing Willow Street Bridge over the Sweetwater River was constructed in 1940 as a
multi-span reinforced concrete slab bridge supported on concrete piles and pile extensions. The
bridge length and width are approximately 610 feet and 31 feet, respectively. The bridge is
capable of carrying two lanes of traffic with a 4-foot wide maintenance walk on the east side
with no bike lanes or shoulders. The existing non-standard barrier system includes a concrete
curb and timber railing elements.
The approximate limits of the project include the Willow Street Bridge between the intersections
of Bonita Road and Sweetwater Road. The existing right-of-way is approximately 100-feet wide
and is approximately centered over the existing bridge. Temporary construction areas will be
required to facilitate the construction of the new bridge. The project requires inter-agency
coordination between the City of Chula Vista, County of San Diego, and California Department
of Transportation (Federal Oversight). This project is needed in order to eliminate the major
bridge deficiencies being primarily related to bridge deck geometry, bridge railings and guardrail
approach transitions.
The project is currently at a stage in the PE phase that includes preparing design plans up to 30%
complete and obtaining National Environmental Policy Act (NEPA) and California
Environmental Quality Act (CEQA) environmental approval. It is anticipated that the project
will include NEP A and CEQA environmental documents, based upon technical reports
completed to date. Specifically, this will consist of an Environmental Assessment for NEP A and
an Initial Study for CEQA leading to a Finding of No Significant Impact (FONSI) and Mitigated
Negative Declaration (MND), respectively. Subsequent to environmental approval, the project
will proceed to finalizing design plans and estimates.
The Federal Government approved $2,275,093 of total Federal Participating Costs for the PE
phase of the project; $1,820,074 will be funded from the Federal HBP program, which accounts
for 80% of the total expected PE costs, and the remaining $455,019 (the remaining 20%) will be
the City's responsibility for the PE phase. The City will receive the Federal Aid funds for its PE
work via reimbursement through Caltrans-Local Assistance. The PSA is the next and last part of
5-2
12/8/09, Item5-
Page 3 of 3
an overall agreement between the City and Caltrans prior to the City receiving reimbursements
for the PE phase ofthis project.
The "Authorization to Proceed with Preliminary Engineering" and the Authorization/Agreement
Summary (Fonn E-76) approving the reimbursement of charges related to PE work as of
February 2, 2002 have been approved by Caltrans and/or the Federal Highway Administration
(FHW A) and received by the City. The City can invoice for reimbursements for all Federal Aids
funds allocated for the PE phase after it executes "Program Supplement Agreement No. 009-M2
to Administering Agency - State Agreement No. 11-5203." The proposed action would approve
the PSA for the replacement of the Willow Street Bridge project PE phase and authorize the
Director of Public Works to execute the agreement on behalf of the City.
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 that is the subject of this action.
CURRENT FISCAL IMPACT
This project is budgeted under the Capital Improvement Program (CIP) as Project No. STL-261.
The project will be funded using the following funding sources for the PE phase:
Total obligation of Federal Aid HBP funds (80% of expected cost) $l,820,074
Local funds from Develooment Impact Fees (TDlF) (20% of expected cost) $455,019
TOT AL FUNDS $2,275,093
ONGOING FISCAL IMPACT
It is anticipated that the project will be funded using the following funding sources for the
Construction and Right-of-Way phases:
Federal Aid HBP funds (88.53% of expected cost) $ \3,086,792
Local funds tram Development Imoaet Fees (TDIF) (11.53% of expected cost) $1,695,533
TOTAL FUNDS $14,782,325
A TT ACHMENTS
I. Program Supplement No. 009-M2
2. Authorization/Agreement Summary (Form E-76)
3. Fact Sheet
Prepared bY' Jose Luis Gomez, Project Alanager-Land Surve.vor, Public Works/Engineering
M IEngil1eerIAGENDAICAS2009112-0S-09L4113 Program Supplement Agrmt STL261a.doc
5-3
ATTACHMENT
I
PROGRAM SUPPLEMENT NO. M009 Rev. 2
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 11-5203
Date, October 15,2009
Location: I1-SD-0.CHV
proj ect Number :BHLS-5203(016)
E .A. Number: 11-956182
This Program Supplement hereby incorporates the Administering Agency~State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 07/24/97 and is subject to all the terms and conditions therenf. This Prngram
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
, apprnved by the Administering Agency on (See copy attached).
The Administering 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,
City of Chula Vista: Willow St @ Sweetwater River, Brd # 57C-00 11
TYPE OF WORK: Bridge Replacement
LENGTH,
o (MILES)
Estimated Cost Federal Funds Matching Funds
LiCO $445,230.00 LOCAL OTHER
$2,275,093.00 L240 $874,844.00 $455,019.00 $0.00 $0.00
QIOO $500,000.00
CITY OF CHULA 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 budgeted funds are available for this encumbrance:
Accounting Officer $1,820,074.00
Chapter It= Fund Source AMOUNT
106 2001 2660-101-890 2001-2002 20.30.010.690 C 228010 892-F 80,000.00
157 2003 2660-102-890 2003-2004 20.30.010.690 C 228010 892-F 420,000.00
268 2008 2660-102-890 2008-2009 20.30.010.300 C 224060 892-F 874,844.00
47 2006 2660-102-890 2006-2007 20.30.010.300 C 224060 892-F 445,230.00
Program Supplement 11-5203-M009-R2 ISTEA
Page 1 of 5
5-4
11-SD-0-CHV
1011512009
BHLS-5203(0 l6)
SPECIAL COVENANTS OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
2. As a condition for receiving federal-aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS).
3. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
4. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal-Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
5. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed. and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
6. ADMINISTERING AGENCY 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).
7. Any State and Federal funds that may have-been encumbered for
this project are only available for disbursement for a period of
Program Supplement 11-5203-M009-R2 ISTEA
Page 2 of 5
5-5
II-SD-O-CHV
10/15/2009
BHLS-5203(Ol6)
SPECIAL COVENANTS OR REMARKS
five (5) years and 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 be 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.
Pursuant 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.
8. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
9. Award information shall be submitted by the ADMINISTERING AGENCY
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 942874
Program Supplement 11-S203-M009-R2 ISTEA
Page 3 of 5
5-6
II-SD-O~CHV
10/l5/2009
BHLS-5203(016)
SPECIAL COVENANTS OR REMARKS
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.
10. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement...
11. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
12. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race-Neutral Implementation Agreement is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and fa~lure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recepient of its failure to carry out its
approved DBE Race-Neutral Implementation Agreement, Caltrans may
impose sanctions as provided for under 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.).
13. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
Program Supplement11-5203-M009-R2 ISTEA
Page 4 of 5
5-7
ll-SD-O..CHV
10/15/2009
BHLS-5203(016)
SPECIAL COVENANTS OR REMARKS
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 written
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.
Program Supplement 11-5203-M009-R2 ISTEA
Page 5 of 5
5-8
FN}!-76 (VERSION E-761
FEDE~.L AID PROG!~~
DLA LOCATOR
PREFIX
PROJECT NO
SEQ NO
DIST-EA
P.GENCY
ROUTE
TIP DATA:
. l'jPO/YEPS
DATE
sm REF:
11000000221
URBANIZED
URB/RURAL
BRIDGE NOS
ll-SD-O-CHV
BHLS
5203(016)
.6
11-956182L
CHULAVISTA
SANDAG
00/06
SAN DIEGO
URBAN AREA
5JCOOn
PHASE
ATTACHMENT z..
AMENDMENT/MODIFICATION SUMMARY
CALIFORNIA DEPARTMENT OF T!~~SPORTATION
PROJECT LOCATION
WILLOW ST @ SWEETWATER RIVER, BRIDGE 57C0011
DISASTER ~ . DEMO ID #
TYPE OF liORK
BRIDGE REHABILITATION/WIDENI
FED. RR NOS
PUC.CODE(S)
EXEMPT FROM FHWA REVIEW
ENV STATUS
R/1'1 STATUS
BEm MP
END MP
INV RTE
PREVo AUTH/AGREE DATE
02/05/02
.000
.000
PE
R/W
CON
SPR
MCS
OTH 07/31/07
APPR CODES L1CO L240 Q100
LINE NOS 10 .
IMPRV TYPE 15
FUNC. SYS C
PROJECT COST
FEDERAL COST
AC COST
--------------------------------------------------------------------------------
PE
PREVo OBLIGATION
THIS REQUEST
SUBTOTP.L
1,181,538.00
1,093,555.00
2,275,093.00
945,230.00
874,844.00
1,820,074.00
.00
.00
.00
--------------------------------------------------------------------------------
PPNO - 1l-CHV08
STATE REMARKS
TOTAL
2,275,093.00
1,820,074.00
.00
CHULA VISTA: SWEET WATER RIVER BRIDGE AT WILLOW STREET (REHAB/WIDEN) 57C0011
02/05/02 THIS SEQUENCE #1 AUTHORIZES $80,000 Q10 FUNDS FOR PE. -
09/03/02 RZ: THIS SEQUENCE 1#21 IS A RETRANSMISSION OF SEQUENCE I, CORRECTING
BRIDGE INFO. SCREEN.
05/06/04 RZ: THIS SEQUENCE 1#31 INCREASES PE TO $500,000.
07/11/07 TT: THIS SEQUENCE (#41 INCREASES PE TO $945,230, Q100 FUNDS.
07/24/07 TAW PE AUTHORIZATION POST PROG!~1ING c&n]GE L1CO FUNDS. SEQ #4.
7/31/07-WBE-SEQ #4 ERROP~D OUT. RESUBMITTED SEQ #5 TO CORRECT.
08/19/09 w1: THIS SEQUENCE (#61 INCREASES PE TO $1,820,074 L1CO FUNDS
08/27/09 RK: SEQ. #6: CHP]GE PROGRAM CODE FROM L1CO TO L240 (BRIDGE FLAVORED
S'rP .
AUTHORIZATION TO PROCEED WITH OTH PREPP.'lED BY WEI XIA ON 08/19/09 619-278-3734
INCREASE PE REVIEWED BY RI CHARD KE ON 08/27/09 916-653-9210
i. AUTHORIZED BY \1. EM/oI.ETT ON 09/02/09
ELECTRONIC SIGNATURE DOCUMENT TYPE AMEND/MOD SIGNED BY W. EMMETT ON 09/02/09 FOR CA1TRAl~S
PROCESSED BY J. FOGLE ON 09/02/09 FOR FHWA
LP.ST FHWA ELECTRONIC SIGNATURE EXECUTED BY DUSTIN BAILEY ON D9/04/09
5-9
ATTACHMENT ...3
FACT SHEET FOR:
WILLOW STREET BRIDGE REPLACEMENT PROJECT
CAL TRANS BRIDGE NO. 57C-0011
PROJECT LOCA llON:
THE WILLOW STREET BRIDGE IS ON THE LOWER
SWEETWATER RIVER IN THE cm OF CHULA VISTA.
THE EXISTING BRIDGE CROSSES THE SWEETWATER
RIVER CONNECTING BONITA ROAD AND
SWEETWATER ROAD EAST OF INTERSTATE 805.
PROJECT GOAL:
THE cm OF CHULA VISTA PROPOSES TO REPLACE
THE WILLOW STREET BRIDGE TO MEET THE
CURRENT AND FUTURE NEEDS OF THE COMMUNITY
AND TO UPDATE THE MAJOR BRIDGE DEFICIENCIES
SUCH AS DECK GEOMETRY AND BRIDGE RAILINGS.
PROJECT DESCRIPllON:
THE APPROXIMATELY 610-FOOT-LONG, 4-LANE
REPLACEMENT BRIDGE WILL BE BUILT WITHIN THE
EXISTING CITY/COUNTY RIGHT-OF-WAY AND WILL
BE A MULTI-SPAN BRIDGE SUPPORTED ON
CONCRETE COLUMNS. THE STRUCTURE WILL BE
APPROXIMATELY 2 FEET DEEP AND INCLUDE
i-NORTHBOUND LANE, i-SOUTHBOUND LANE,
i-DEDICATED RIGHT-TURN-LANE ONTO
SWEETWATER ROAD & i-DEDICATED
RIGHT-TURN-LANE ONTO BONITA ROAD. THE
DESIGN OF THE PROPOSED BRIDGE WILL ALLOW
FOR THE CONTINUATION OF THE EXISTING
EQUESTRIAN TRAIL, SIDEWALKS AND BIKE LANES.
WILLOW STREET WILL REMAIN OPEN TO TRAFFIC
DURING THE DURATION OF THE PROJECT.
TOTAL ANllCIPATED COST:
ESTIMATED AT: $17.1 MILLION
BEGIN CONSTRUCllON DATE:
ANTICIPATED DATE: AUGUST 2012
PROJECT CONTACTS:
CITY OF CHULA VISTA: JOSE GOMEZ, P.E., P.L.S.
PH. (619) 476-2301
COUNTY OF SAN DIEGO: MICHAEL LONG, P.E.
PH. (858) 495-5794
~,~
i!lIf
01Y Of
OiUlA VISrA
CITY OF CHULA VISTA
PUBLIC WORKS - ENGINEERING
276 FOURTH AVENUE
CHULA VISTA. CA 91910
(619) 476-2301
FILE NO. STL-261
N
~
SIIt't":
R//i: ~R
PROJECT
SITE
\
VlCINfTY MAP
NO SCALE
SII26r\Orow\Design\STL-26r Facl Sheel.dwg 11/20/2009 2:41:53 PM PST
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PROGRAM SUPPLEMENT
AGREEMENT NO. 009-M2 TO THE ADMINISTERING
AGENCY-STATE AGREEMENT NO. 11-5203 FOR FEDERAL-
AID PROJECTS WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION REGARDING
PRELIMINARY ENGINEERING FOR PROJECT BHLS-
5203(016), THE REPLACEMENT OF THE WILLOW STREET
BRIDGE PROJECT, OVER THE SWEETWATER RIVER, AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE SAID AGREEMENT
WHEREAS, the City of Chula Vista needs to replace the Willow Street Bridge in order to
eliminate the major bridge deficiencies being primarily related to bridge deck geometry, bridge
railings and guardrail approach transitions; and
WHEREAS, the City of Chula Vista desires to perform Preliminary Engineering (PE) and
receive Federal Aid reimbursement for this work; and
WHEREAS, the Federal Government approved $2,275,093 of total Federal Participating
Costs for the PE phase of the project; $1,820,074 will be funded from the Federal Highway
Bridge Program (HBP) which accounts for 80% of the total expected PE costs and the remaining
20%, or $455,019, will be the City's responsibility for the PE phase; and
WHEREAS, the City ofChula Vista will use funds from Development Impact Fees (TDIF)
in the amount of$455,019 to fund the PE phase of the project; and
WHEREAS, the State of California Department of Transportation (Caltrans) has authorized
the City of Chula Vista to be reimbursed for performing the PE phase of the project after the City
executes the Program Supplement Agreement No. 009-M2.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does.
hereby approve the Program Supplement Agreement No. 009-M2 to the Administering Agency-
State Agreement No. 11-5203 for Federal-Aid Projects with the State of California Department
of Transportation regarding Preliminary Engineering activities to be undertaken by the City of
Chula Vista For Project No. BHLS-5203(016), the replacement of the Willow Street Bridge, a
copy of which shall be kept on file in the otlice of the City Clerk, and authorize the Director of
Public Works to execute said Agreement.
5-11
BE IT FURTHER RESOLVED that the Director of Public Works of the City of Chub
. 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
5-12
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APP AL BY
HE CIT COUNCI
Dated: /2-/'Z-/CPJ
I I
PROGRAM SUPPLEMENT NO. 009-M2
TO
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 11-5203
BETWEEN
THE CITY OF CHULA VISTA AND
STATE OF CALIFOfu'\!IA DEPARTMENT OF TRANSPORTATION
FOR
PROJECT NO. BHLS-5203 (016) WILLOW STREET BRIDGE
5-13
PROGRAM SUPPLEMENT NO. M009 Rev. 2
te
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 11-5203
Date : October 15,2009
Leea tien: 11-SD-0-CHV
Prej ect Number: BHLS-5203(016)
E .A. Number: 11-956182
This Program Supplement hereby incorporates the Adlninistering Agency-State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 07/24/97 and is subject to all the terms and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority ofResolutioD No.
, approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payroent 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 se!forth
on the following pages.
PROJECT LOCATION:
City ofChula Vista: Willow St@ Sweetwater River, Brd # 57C-0011
TYPE OF WORK: Bridge Replacement
LENGTH:
o (MILES)
Estimated Cost Federal Funds Matching Funds
LICO $445,230.00 LOCAL OTHER
$2,275,093.00 L240 $874,844.00 $455,019.00 $0.00 $0.00
Q100 $500,000.00
CITY OF CEULA 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 per~onal knowledge that budgeted funds are available for this encumbrance:
C.-
Accounting Officer C $1,820,074.00
Chapt~r It"", Fund Source AMOUNT
106 2001 2660-101-890 2001-2002 20.30.010.690 C 228010 892-F 80,000.00
157 2003 2660-102-890 2003-2004 20.30.010.690 C 228010 892-F 420,000.00
268 2008 2660-102-890 2008-2009 20.30.010.300 C 224060 892-F 874,844.00
47 2006 2660-102-890 2006-2007 20.30.010.300 C 224060 892-F 445,230.00
Program Supplement ~1-5203-M009-R2 ISTEA
Page 1 of 5
5-14
ll-SD-O-CHV
1011512009
BHLS-5203(016)
SPECIAL COVENANTS "OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficient operation of the completed project
improvements.
2. As a condition for receiving federal-aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS).
3. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
4. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal-Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implemen"tation.
5. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Federal Highway Administration.
6. ADMINISTERING AGENCY 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).
7. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
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five (5) years and 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 1etter(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 be 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.
Pursuant 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.
8. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
9. Award information shall be submitted by the ADMINISTERING AGENCY
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 942874
Program Supplement11-5203-M009-R2 ISTEA
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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.
10. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement. ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement."
11. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $500,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning & Research. OMB A-133 superceded OMB A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
12. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race-Neutral Implementation Agreement is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recepient of its failure to carry out its
approved DBE Race-Neutral Implementation Agreement, Caltrans may
impose sanctions as provided for under 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.) .
13. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
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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 written
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 eig~ty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within ~80 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
Program Supp;Lement 1.1-SZ03-M009-R2 ISTEA.
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