HomeMy WebLinkAbout2010/04/20 Item 7
CITY COUNCIL
AGENDA STATEMENT
~\'f:. CITY OF
-!'! = (HULA VISTA
ITEM TITLE
SUBMITTED BY:
REVIEWED BY:
4/20/10, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AND DELEGATING THE CITY
ATTORNEY AND DIRECTOR OF PUBLIC WORKS TO ENTER
INTO A COOPERATIVE AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
REGARDING PRELIMINARY ENGINEERING DESIGN,
ENVIRONMENTAL, AND TRAFFIC ANALYZING ACTIVITIES
ON THE STATE ROUTE 125 FUTURE INTERCHANGES AT
ROCK MOUNTAIN AND OT A Y V ALLEY ROAD
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A NEW CIP PROJECT (STM359)
FOR SR-125 AND ROCK MOUNTAIN ROAD & OTAY VALLEY
ROAD INTERCHANGE STUDY, AMENDING THE FY 2009-10
CIP PROGRAM BUDGET AND APPROPRIATING $300,000 IN
TDIF FUNDS THEREFOR
DIRECTOR OF PUBliC WORKS~.4) _
ASSIST ANT DIRECTOR OF ENGINEE~
CITY MANAGER ~
ASSISTANT CITY~NAGER '? T
4/5THS VOTE: YES !Zl NO
n
l I
SUMMARY
The City desires to enter into a Cooperative (COOP) Agreement with State of California
Department of Transportation (Caltrans) to determine the geometric design and right-of-way
needed in order to determine ultimate geometric approval, environmental clearance, and
construction cost estimates for up to two potential interchanges on SR-125 at Rock Mountain
Road and Otay Valley Road.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed Cooperative Agreement for
compliance with the California Environmental Quality Act (CEQA) and has determined that
there is no possibility that the activity may have a significant effect on the environment. This
agreement is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3).
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RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The South Bay Expressway (SR-125) officially opened on November 19, 2007. The 10-mile
state-of-art toll road extends from SR 54 in Spring Valley to Otay Mesa RoadlSR-905 near the
International border crossing. The South Bay Expressway is four lanes and has seven
interchanages but may be expanded to meet future growth. Within the limits of the City of Chula
Vista there are five existing interchanges starting at the north end of the City at San Miguel
Ranch Road/Mt. Miguel Road, East H Street, Otay Lakes Road, Olympic Parkway and the
southernmost interchange at Birch Road.
The City of Chula Vista would like to enter into a COOP agreement with Caltrans for the
purpose of conducting preliminary engineering and traffic analysis, a Project Initiation
Document (PID), at two future potential interchanges at the south end of SR-125. The two
interchanges to be evaluated included in this agreement are Rock Mountain Road and Otay
Valley Road (formerly Main Street). Proposed tentative maps show the necessity for the
construction of the each intersection/interchange to serve future developments. However, the
current proposals place each interchange too close to each other and therefore do not meet the
required Federal Highway Administration (FHW A) design standards. The preliminary study and
design will determine if it is feasible to construct the interchanges so close together and/or an
additional determination is needed that will waive this requirement. The approval of the
tentative maps is awaiting the decision to construct both interchanges or just the Rock Mountain
Road interchange. The environmental document for the SR-125 contemplates one or both of
these interchanges but the analysis to confirm them must still be conducted. In addition, land
planning for those areas located east and west of SR-125 and south of Birch Road could also
proceed once the ultimate lane geometry and right-of-way needs are determined. The TDIF
program could also be updated if costs are significantly different than what is included in the
program today.
California Streets and Highways Code Sections 114 and 130 authorize agencies to enter into a
cooperative agreement for performance of work within the State Highway System (SHS) Right-
of- Way. The attached draft agreement substantiates and outlines the terms and conditions of
cooperation between Caltrans and the City of Chula Vista to prepare and complete a Project
Initiation Document (PID) for a capacity increasing project. Government Code Section 65086.5
authorizes Caltrans to prepare the PID as a reimbursed work. It also mandates that Caltrans
review and approve the PID developed by others and be reimbursed for the effort.
The final agreement will specify the responsibilities of both agencies in regard to completing the
PID. In general, it is a joint effort between Caltrans and the City of Chula Vista. In addition,
the agreement provides for State staff to perform work on behalf of the City, for which work the
City will fully reimburse Caltrans. Caltrans' cost for the preliminary engineering of the two
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interchanges is $236,000 and will be funded through the Eastern Transportation Development
Impact Fees (TDIF). The estimated completion date of the PID is by June 30, 2011.
Cooperative Agreement Scope of work:
This agreement also proposes that Caltrans will provide the following at City's cost:
Work involved in the preparation, review, and approval of a Project Initiation Document PID
(note: Includes minor survey effort directly related to PID):
Transportation Problem Definition and Site Assessment
This activity includes three major tasks:
. Compiling and reviewing existing background information that may impact the alternatives or
the scope of the alternatives under consideration.
. Developing project constraints and information required to determine the extent of the existing
problem and future needs. This should include any necessary discussions with internal and
external stakeholders.
. Analyzing the existing problem and future requirement to determine the project's need and
purpose.
Review of Existing Reports Studies and Mapping
This includes Planning documents (such as Transportation Corridor Report, Regional
Transportation Improvement Program, Regional Transportation Program, Congestion
Management Plan Transportation Plan), As-builts, base mapping, and weigh in motion master
plan, and existing surveys and RlW maps. Initial field reviews are also included.
Geological Hazards Review
This activity is limited to a review of the existing studies and a field review of the area.
Utility Search
This activity is limited to a review of the existing plans/ As-builts and a field review of the area.
Environmental Constraints Identification
This activity is limited to a review of the eXlstmg studies and a field review of the area.
However, project specific circumstances may indicate the need/advisability of more detailed
investigations. The purpose of this activity is to identify and delineate any environmental
resources or issues that might affect initial alternative(s) selection. Preparation of a base
environmental constraints map is recommended.
Traffic Forecasts/Modeling
Analyze travel-demand model data using Regional Transportation Planning Agencies (RTPA)
traffic models when available. The forecasts will be provided by the City of Chula Vista.
Prepare future traffic projections for intersections, highway mainlines and ramps for project level
documents. Prepare traffic indices and design designations such as traffic index and equivalent
single-axle load.
Problem Definition
Analyzing the available information to resolve the project's need and purpose and general scope.
In the case of a highway project this would include determining the existing and future Level of
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Service (LOS) in the no build scenario, a corridor analysis to determine deliverable volumes,
determining the general perimeters such as the required number of lanes, and analyzing traffic
accident history.
As-Built Centerline and Existing Right of Way
Review the existing data, and preliminary surveys as necessary, to locate eXlstmg facility
centerline and right of way lines. Locate existing record information such as plans, As-builts,
survey files and mapping, etc. Evaluate data. Minimal surveys as necessary to locate right of way
and centerline. A Design Software project file and/or CADD drawing file containing
preliminary centerline and/or right of way line locations based on record data and field surveys.
Initial Alternatives Development
This activity includes identifying all potential alternatives and reaching consensus with
internal/external stakeholders on the alternatives that will be addressed in the PID. This activity
includes establishing the study limits of the various alternatives to be analyzed in the PID.
Concept Alternatives Development
Development of the basic strategy options to meet the project need and purpose. Including
developing horizontal & vertical alignment, cross sections, preliminary staging plans, strip maps,
right of way requirements, rehabilitation strategies and reviews by FHW A and for all alternatives
under considerations.
Alternatives Analysis
This activity is required to develop the necessary scope and cost of each alternative to be
presented in the PID. Costs developed in this activity will be used for programming purposes;
consequently, the analysis should be of sufficient detail to identify all potential costs. Also
included in this activity are tasks required to assess the adequacy of the alternatives to meet the
project's need and purpose.
Traffic Capacity Analysis
Includes the use of macroscopic and/or micro-simulation modeling, as appropriate, to perform
traffic capacity analysis on existing and future year project specific State highways. Includes
integrating, as appropriate, ramp metering, HOV lanes and intelligent transportation system
needs.
Preliminary Environmental Analysis Report (PEAR)
The Preliminary Environmental Analysis Report (PEAR) identifies the potential environmental
impacts of each alternative, as well as potential mitigation costs. Although existing data will
most frequently be used in the preparation of this report, project specific circumstances may
indicate the need for or advisability of conducting more detailed investigations. Costs developed
in this activity will be used for programming purposes; consequently, the analysis should be of
sufficient detail to identify all potential costs. For this project where the initiation document is
combined with the project report/environmental document, this activity also includes those tasks
required for the environmental document.
Cooperative Agreement Approval
Due to the Cooperative Agreement review process lead-time needed with Caltrans San Diego
and Caltrans Headquarters in Sacramento, it is necessary to expedite entering into this
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agreement. It is recommended by staff that Council approve the draft agreement and authorize
the Director of Public Works and City Attorney to finalize the agreement since no significant
changes are anticipated in the scope of work.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund from this action. The total project cost of $300,000 will
be funded from the Easterly Transportation Development Impact Fees Funds (TDIF). There are
sufficient funds available to cover the cost of the project. Of this amount, up to $236,000 is for
Caltrans' cost for preparation of the PID preliminary engineering. The remaining $64,000 will
be for City Staff time.
This action will establish a new CIP project, amending the FY2009-1O ClP Program budget and
appropriating $300,000 in TDIF funds into project STM359.
ONGOING FISCAL IMP ACT
None.
ATTACHMENTS
Exhibit 1. Draft COOP Agreement
Exhibit 2. Future Rock Mountain Rd and Otay Valley Road Interchanges
Prepared by: Ben Herrera, Associate Engineer, Public Works Department
J:\Engineer\AGENDA\CAS2010\04-20-10\SR125 COOP agenda finalrev.doc
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11-80-125
PM 0.3/2.3
EA: 40470K
District Agreement 11-0662
EXHIBIT 1
PIDONLY.
COOPERATIVE AGREEMENT
This agreement, effective on , is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Chula Vista, a body politic and municipal corporation or chartered city of the
State of California, referred to as CITY.
RECITALS
1. CALTRANS and CITY, collectively referred to as PARTNERS, are authorized to enter
into a cooperative agreement for improvements within the SHS right of way per Streets
and Highways Code sections 114 and/or 130.
2. Government Code Section 65086.5 (revised 2(09) authorizes CALTRANS to prepare a
Project Initiation Document (PID) for a capacity increasing project as a reimbursed work.
It also mandates that CALTRANS review and approved a PID developed by others and
.be reimbursed for the effort
2. WORK completed under this agreement contributes toward the construction of two
interchanges on SR-125 at Rock MountainlMain Street and at Otay Valley Road, referred
to as PROJECT.
3. PARTNERS will cooperate to complete PID.
4. There are no prior PROJECT-related cooperative agreements.
5. No PROJECT deliverables have been completed prior to this agreement.
6. The estimated date for COMPLETION OF WORK is December 31, 2010.
7. PARTNERS now define in this agreement the terms and conditions under which they
will accomplish WORK.
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DEFINITIONS
CALTRANS STANDARDS - CALTRANS policies and procedures, including, but not limited
to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards
(previously known as WBS Guide) available at http://dot.ca.gov.
CEQA - The California Environmental Quality Act (California Public Resources Code, sections
21000 et seq.) that requires State and local agencies to identify the significant environmental
impacts of their actions and to avoid or mitigate those significant impacts, if feasible.
COMPLETION OF WORK - All PARTNERS have met all scope, cost, and schedule
commitments included in this agreement and have signed a COOPERATIVE AGREEMENT
CLOSURE STATEMENT.
COOPERATIVE AGREEMENT CLOSURE STATEMENT - A document signed by
PARTNERS that verifies the completion of all scope, cost, and schedule commitments included
in this agreement.
FHW A - Federal Highway Administration.
FHW A STANDARDS - FHW A regulations, policies and procedures, including, but not limited
to, the guidance provided at http://www.fhwa.dot.gov/programs.html.
FUNDING PARTNER - A partner who commits a defined dollar amount to WORK.
FUNDING SUMMARY - The table in which PARTNERS designate funding sources, types of
funds, and the project components in which the funds are to be spent. Funds listed on the
FUNDING SUMMARY are "not-to-exceed" amounts for each FUNDING PARTNER.
HM.l- Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM.2 - Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES - Management activities related to either HM-l or HM-2
including, without limitation, any necessary manifest requirements and disposal facility
designations.
IMPLEMENTING AGENCY - The partner responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
IQA - Independent Quality Assurance - Ensuring that IMPLEMENTING AGENCY'S quality
assurance activities result in WORK being developed in accordance with the applicable
standards and within an established Quality Management Plan. IQA does not include any work
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necessary to actually develop or deliver WORK or any validation by verifying or rechecking
work performed by another partner.
NEPA - The National Environmental Policy Act of 1969 that establishes a national policy for
the environment and a process to disclose the adverse in;pacts of projects with a federal nexus.
PARTNERS - The term that collectively references all of the signatory agencies to this
agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
partner's individual actions legally bind the other partners.
PID (Project Initiation Document) - The project component that includes the activities
required to deli vel' the project initiation document for PROJECT.
PROJECT MANAGEMENT PLAN - A group of documents used to guide a project's
execution and control throughout the project's lifecycle.
SAFETEA-LU - The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, signed into federal law on August 10, 2005.
SCOPE SUMMARY - The table in which PARTNERS designate their commitment to specific
scope activities within each project component as outlined by the Guide to Capital Project
Delivery Workplan Standards (previously known as WBS Guide) available at http://dot.ca.gov.
SHS - State Highway System.
SPONSOR(S) - The partner that accepts the obligation to secure financial resources to fully
fund WORK. This includes any additional funds beyond those committed in this agreement
necessary to complete the full scope of WORK defined in this agreement or settle claims.
WORK - All scope and cost commitments included in this agreement.
RESPONSIBILITIES
8. CITY is SPONSOR for all WORK.
9. CITY is a FUNDING PARTNER for this agreement. CITY's funding commitment is
defined in the FUNDING SUMMARY.
10. CALTRANS is IMPLEMENTING AGENCY j(Jr PlD.
SCOPE
Scope: General
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11. All WORK will be performed in accordance with federal and California laws,
regulations, and standards.
All WORK will be performed in accordance with FHW A STANDARDS and
CALTRANSSTANDARDS. .
12. IMPLEMENTING AGENCY for a project component will provide a Quality
Management Plan for that component as part of the PROJECT MANAGEMENT PLAN.
13. CAL TRANS will provide IQA for the portions of WORK within existing and proposed
SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect
public safety, preserve property rights, and ensure that all WORK is in the best interest of
the SHS. (do we need this? Is it applicable?)
14. CITY may provide IQA for the portions of WORK outside existing and proposed SHS
right of way.
15. CITY may, at their own expense, have a representative observe any scope, cost, or
schedule commitments performed by another partner. Observation does not constitute
authority over those commitments.
16. Each partner will ensure that all of their personnel participating in WORK are
appropriately qualified to perform the tasks assigned to them.
17. PARTNERS will invite each other to participate in the selection and retention of any
consultants who participate in WORK.
18. PARTNERS will conform to sections 1720 -1815 of the California Labor Code and all
applicable regulations and coverage determinations issued by the Director of Industrial
Relations if PROJECT work is done under contract (not completed by a partner's own
employees) and is governed by the Labor Code's definition of a "public work" (section
1720(a)(1)).
PARTNERS will include wage requirements in all contracts for "public work" and will
require their contractors and consultants to include prevailing wage requirements in all
agreement-funded subcontracts for "public work".
19. IMPLEMENTING AGENCY for the PID component will be available to help resolve
WORK-related problems generated by that component for the entire duration of
PROJECT.
20. CALTRANS will issue, upon proper application, at no cost, the encroachment permits
required for WORK within SHS right of way.
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Contractors and/or agents, and utility owners will not perform WORK without an
encroachment permit issued in their name.
21. If unanticipated cultural, archaeological, paleontological, or other protected resources are
discovered during WORK, all work in that area will stop until a qualified professional
can evaluate the nature and significance of the dIscovery and a plan is approved for its
removal or protection.
22. PARTNERS will hold all administrative draft and administrative final reports, studies,
materials, and documentation relied upon, produced, created, or utilized for PROJECT in
confidence to the extent permitted by law. Where applicable, the provisions of California
Government Code section 6254.5(e) will govern the disclosure of such documents in the
event that PARTNERS share said documents with each other.
PARTNERS will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete WORK without the
written consent of the partner authorized to release them, unless required or authorized to
do so by law.
23. If any partner receives a public records request, pertaining to WORK under this
agreement, that partner will notify PARTNERS within five (5) working days of receipt
and make PARTNERS aware of any transferred public documents.
24. If HM-l or HM-2 is found during WORK, IMPLEMENTING AGENCY for the project
component during which it is found will immediately notify PARTNERS.
25. CALTRANS, independent of PROJECT, is responsible for any HM-l found within
existing SHS right of way. CALTRANS will undertake HM-l MANAGEMENT
ACTIVITIES with minimum impact to PROJECT schedule.
26. CITY, independent of PROJECT, is responsible for any HM-l found within the Project
limits outside existing SHS right of way. CITY will undertake or cause to be undertaken
HM-l MANAGEMENT ACTIVETIES with minimum impacts to PROJECT schedule.
27. If HM-2 is found within PROJECT limits, the public agency responsible for the
advertisement, award, and administration (AAA) of the PROJECT construction contract
will be responsible for HM-2 MANAGEMENT ACTIVITIES.
28. CALTRANS' acquisition or acceptance of title to any property on which any HM-l or
HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
29. PARTNERS will comply with all of the commitments and conditions set forth in the
environmental documentation, environmental permits, approvals, and applicable
agreements as those commitments and conditions apply to each partner's responsibilities
in this agreement.
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30. IMPLEMENTING AGENCY for each project component will furnish PARTNERS with
written monthly progress reports during the implementation of WORK in that
component.
31. Upon COMPlETION OF WORK, ownership and title to all materials and equipment
constructed or installed as part of WORK within SHS right of way become the property
ofCALTRANS.
32. IMPLEMENTING AGENCY for a project component will accept, reject, compromise,
settle, or litigate claims of any non-agreement parties hired to do WORK in that
component.
33. PARTNERS will confer on any claim that may affect WORK or PARTNERS' liability or
responsibility under this agreement in order to retain resolution possibilities for potential
future claims. No partner shall prejudice the rights of another partner until after
PARTNERS confer on claim.
34. PARTNERS will maintain and make available to each other all WORK-related
documents, including financial data, during the term of this agreement and retain those
records for four (4) years from the date of termination or COMPLETION OF WORK, or
three (3) years from the date of final federal voucher, whichever is later.
36. PARTNERS have the right to audit each other in accordance with generally accepted
governmental audit standards.
CALTRANS, the State auditor, FHW A, and CITY will have access to all WORK-related
records of each partner for audit, examination, excerpt, or transaction.
The examination of any records will take place in the offices and locations where said
records are generated and/or stored and will be accomplished during reasonable hours of
operation.
The audited partner will review the preliminary audit, findings, and recommendations,
and provide written comments within 60 calendar days of receipt.
Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs
arising out of the dispute resolution process will be paid within 30 calendar days of the
final audit or dispute resolution findings.
37. PARTNERS consent to service of process by mailing copies by registered or certified
mail, postage prepaid. Such service becomes effective 30 calendar days after mailing.
However, nothing in this agreement affects PARTNERS' rights to serve process in any
other matter permitted by law.
38. PARTNERS will not incur costs beyond the funding commitments in this agreement. If
IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to
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complete WORK, SPONSOR(S) will seek out additional funds and PARTNERS will
amend this agreement.
39. If WORK stops for any reason, PARTNERS are still obligated to implement all
applicable commitments and conditions included in the PROJECT environmental
documentation, permits, agreements, or approvals that are in effect at the time that
WORK stops, as they apply to each partner's responsibilities in this agreement, in order
to keep PROJECT in environmental compliance until WORK resumes
40. Each partner accepts responsibility to complete the acti vities that they selected on the
SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not
included in the scope of this agreement.
Scope: Project Initiation Document (PID)
4/.
COST
Cost: General
42. SPONSOR(S) will secure funds for all WORK including any additional funds beyond the
FUNDING PARTNERS' existing commitments in this agreement. Any change to the
funding commitments outlined in this agreement requires an amendment to this
agreement.
43. The cost of any awards, judgments, or settlements generated by WORK is a WORK cost.
44. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT
ACTIVITIES related to HM-l found within existing SHS right of way.
45. CITY, independent of PROJECT, will pay, or cause to be paid, all costs for HM
MANAGEMENT ACTIVITIES related to any HM-l found within PROJECT limits and
outside existing SHS right of way.
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46. HM MANAGEMENT ACTIVITIES costs related to HM-2 are a PROJECT
CONSTRUCTION cost.
47. Independent of WORK costs, CITY will fund the cost of its own IQA for WORK done
outside existing or proposed future SHS right of .way.
48. Fines, interest, or penalties levied against any partner will be paid, independent of
WORK costs, by the partner whose actions or lack of action caused the levy. That partner
will indemnify and defend all other partners.
49. The cost to place PROJECT right of way in a safe and operable condition and meet all
environmental commitments is a WORK cost.
50. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and
schedule of a project component, if there are insufficient funds available in this
agreement to place the right of way in a safe and operable condition, the
IMPLEMENTING AGENCY accepts responsibility to fund these activities until such
time as PARTNERS amend this agreement.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the
amendment process.
51. FUNDING PARTNERS accept responsibility to provide the funds identified on the
FUNDING SUMMARY.
52. PARTNERS will pay invoices within 30 calendar days of receipt of invoice.
53. SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of
work.
Cost: Project Initiation Document (PID)
54. Each FUNDING PARTNER will share the cost of PID by percent in the proportion
documented in tbe FUNDING SUMMARY.
55. CALTRANS will submit a billing to CITY in the amount of $235,000, fifteen (15) days
after execution of this Agreement. Said billing represents estimated costs of
CALTRANS' reimbursed work. Upon completion of WORK, CALTRANS will furnish
CITY with a detailed statement of reimbursed work. CALTRANS thereafter shall refund
to CITY, promptly after completion of CALTRANS final accounting of actual costs, any
amount remaining of the $235,000 or bill CITY for any additional amount required to
complete CITY's financial obligations pursuant to this Agreement.
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SCHEDULE
56. PARTNERS will manage the schedule for WORK through the work plan included in the
PROJECT MANAGEMENT PLAN.
GENERAL CONDITIONS
57. This agreement will be understood in accordance with and governed by the Constitution
and laws of the State of California. This agreement will be enforceable in the State of
California. Any legal action arising from this agreement will be filed and maintained in
the Superior Court of the county in which the CALTRANS district office signatory to this
agreement resides.
58. All obligations of CALTRANS under the terms of this agreement are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
59. Any PARTNER who performs IQA does so for its own benefit, further, that PARTNER
cannot be assigned liability due to its IQA activities.
60. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by CALTRANS
under or in connection with any work, authority, or jurisdiction conferred upon
CALTRANS or arising under this agreement.
It is understood and agreed that CALTRANS will fully defend, indemnify, and save
harmless CITY and all of its officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious,
contractual, inverse condemnation, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CALTRANS under this agreement.
61. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority, or jurisdiction conferred upon CITY or
arising under this agreement.
It is understood and agreed that CITY will fully defend, indemnify, and save harmless
CALTRANS and all of its officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious,
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contractual, inverse condemnation, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this agreement.
62. This agreement is not intended to create a third party beneficiary or define duties,
obligations, or rights in parties not signatory to this agreement. This agreement is not
intended to affect the legal liability of PARTNERS by imposing any standard of care for
completing WORK different from the standards imposed by law.
63. PARTNERS will not assign or attempt to assign agreement obligations to parties not
signatory to this agreement.
64. Any ambiguity contained in this agreement will not be interpreted against PARTNERS.
PARTNERS waive the provisions of California Civil Code section 1654.
65. A waiver of a partner's performance under this agreement will not constitute a
continuous waiver of any other provision. An amendment made to any article or section
of this agreement does not constitute an amendment to or negate all other articles or
sections of this agreement.
66. A delay or omission to exercise a right or power due to a default does not negate the use
of that right or power in the future when deemed necessary.
67. If any partner defaults in their agreement obligations, the non-defaulting partner(s) will
request in writing that the default be remedied within 30 calendar days. If the defaulting
partner fails to do so, the non-defaulting partner(s) may initiate dispute resolution.
68. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level.
If they cannot resolve the dispute themselves, the CALTRANS district director and the
executive officer of CITY will attempt to negotiate a resolution. If no resolution is
reached, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to
participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTNERS from full and timely
performance of WORK in accordance with the terms of this agreement. However, if any
partner stops WORK, the other partner(s) may seek equitable relief to ensure that WORK
continues.
Except for equitable relief, no partner may file a civil complaint until after mediation, or
45 calendar days after filing the written mediation request, whichever occurs first.
Any civil complaints will be filed in the Superior Court of the county in which the
CALTRANS district office signatory to this agreement resides. The prevailing partner
will be entitled to an award of all costs, fees, and expenses, including reasonable attorney
fees as a result of litigating a dispute under this agreement or to enforce the provisions of
this article including equitable relief.
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District Agreement 11-0662
69. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
70. If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or
unenforceable, those provisions do not render any or all other agreement provisions
invalid, inoperative, or unenforceable, and those 'provisions will be automatically severed
from this agreement.
71. This agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding or writings pertaining to WORK.
72. If during performance of WORK additional activities or environmental documentation is
necessary to keep PROJECT in environmental compliance, PARTNERS will amend this
agreement to include completion of those additional tasks.
73. PARTNERS will execute a formal written amendment if there are any changes to the
commitments made in this agreement.
74. This agreement will terminate upon COMPLETION OF WORK or upon 30 calendar
days' written notification to terminate and acceptance between PARTNERS, whichever
occurs first.
However, all indemnification, document retention, audit, claims, legal challenge, and
ownership articles will remain in effect until terminated or modified in writing by mutual
agreement.
75. The following documents are attached to, and made an express part of this agreement
SCOPE SUMMARY, FUNDING SUMMARY.
76. Signatories may execute this agreement through individual signature pages provided that
each signature is an original. This agreement is not fully executed until all original
signatures are attached.
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District Agreement 11-0662
CONTACT INFORMATION
The information provided below indicates the primary contact data for each partner to this
agreement. PARTNERS will notify each other in writing of any personnel or location changes.
These changes do not require an amendment to this agre~ment.
The primary agreement contact person for CALTRANS is:
Kazim Mamdani, Project Manager
4050 Taylor Street
San Diego, California 92110
Office Phone: (619) 718-7840
Email: kazim.mamdani@dot.ca.gov
The primary agreement contact person for CITY is:
Francisco X. Rivera, PE, TE, Principal Civil Engineer
276 Fourth A venue
Chula Vista, California 91910
Office Phone: (619) 691-5045
Fax Number: (619) 691-5171
Email: frivera@ci.chula-vista.ca.us
SIGNATURES
PARTNERS declare that:
1. Each partner is an authorized legal entity under California state law.
2. Each partner has the authority to enter into this agreement.
3. The people signing this agreement have the authority to do so on behalf of their public
agencIes.
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ST ATE OF CALIFORNIA
DEP ARTMENT OF TRANSPORT A TION
By:
Laurie Berman
District Director
CERTIFIED AS TO FUNDS:
By:
Marlene Davis
District Budget ManagerfUP
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District Agreement 11-0662
CITY OF CHULA VISTA
By:
. Richard Hopkins
City Engineer
APPROVED AS TO FORM AND
PROCEDURE
By:
Michael Shirey
Assistant City Attorney
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District Agreement 11-0662
SCOPE SUMMARY
1.150.05
1.150.05.05
1.150.05.10
1.150.05.15
1.150.05.20
1.150.05.25
1.150.05.30
1.150.05.30.05
1.150.05.30.10
1.150.05.35
1.150.05.45
1.150.05.99
1.150.10
1.150.10.05
1.150.10.10
1.150.10.15
1.150.10.99
1.150.15
1.150.15.05
1.150.15.10
1.150.15.15
1.150.15.20
1.150.15.25
1.150.15.30
1.150.15.35
1.150.15.40
1.150.15.45
1.150.15.50
1.150.15.55
1.150.15.60
1.150.15.99
1.150.20
1.150.20.05
1.150.20.10
1.150.20.15
1.150.20.20
1.150.20.25
PACT Version 9.1 3.31.08
TRANSPORTATION PROBLEM DEFINITION AND SITE ASSESSMENT
REVIEW OF EXISTING REPORTS STUDIES AND MAPPING
GEOLOGICAL HAZARDS REVIEW
UTILITY SEARCH
ENVIRONMENTAL CONSTRAINTS IDENTIFICATION
TRAFFIC FORECASTS/MODELING
SURVEYS AND MAPS FOR PID
REGULAR SURVEYS AND MAPS FOR PID
ACCELERATED ENGINEERING SURVEYS
PROBLEM DEFINITION
AS-BUilT CENTERLINE AND EXISTING RIGHT OF WAY
OTHER DEFINITION AND ASSESSMENT PRODUCTS
INITIAL ALTERNATIVES DEVELOPMENT
PUBLIC / lOCAL AGENCY INPUT
VALUE ANALYSIS
CONCEPT ALTERNATIVES DEVELOPMENT
OTHER INITIAL ALTERNATIVES DEVELOPMENT PRODUCTS
ALTERNATIVES ANALYSIS
RIGHT OF WAY DATA SHEETS
UTILITY RELOCATION REQUIREMENTS ASSESSMENT
RAilROAD INVOLVEMENT DETERMINATION
DISTRICT PRELIMINARY GEOTECHNICAL REPORT (DPGR)
PRELIMINARY MATERIALS REPORT
STRUCTURES ADVANCE PLANNING STUDY (APS
MUlTIMODAl REVIEW
HYDRAULIC REVIEW
TRAFFIC CAPACITY ANALYSIS
TRAFFIC STUDIES
CONSTRUCTION ESTIMATES
PRELIMINARY TRANSPORTATION MANAGEMENT PLAN
OTHER ALTERNATIVES ANALYSIS PRODUCTS
PRELIMINARY ENVIRONMENTAL ANALYSIS REPORT (PEAR)
INITIAL NOISE STUDY
HAZARDOUS WASTE INITIAL SITE ASSESSMENTS/INVESTIGATIONS
SCENIC RESOURCE AND LANDSCAPE ARCHITECTURE REVIEW
INITIAL NEPA/404 COORDINATION
INITIAL BIOLOGY STUDY
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District Agreement 11-0662
1.150.20.30 INITIAL RECORDS AND LITERATURE SEARCH FOR CULTURAL RESOURCES
1.150.20.40 INiTIAL COMMUNITY IMPACT ANALYSIS LAND USE AND GROWTH STUDIES
1.150.20.45 INITIAL AIR QUALITY STUDY
1.150.20.50 INITIAL WATER QUALITY STUDIES
1.150.20.55 INITIAL FLOODPLAIN STUDY
1.150.20.60 PEAR PREPARATION
1.150.20.65 INITiAL PALEONTOLOGY STUDY
1.150.20.70 INITIAL NATIVE AMERICAN COORDINATION
1.150.20.99 OTHER PEAR PRODUCTS
1.150.25 APPROVED PID (PSR PSSR ETC.)
1.150.25.05 DRAFT PID
1.150.25.10 APPROVED EXCEPTIONS TO DESIGN STANDARDS DEVELOPMENT
1.150.25.15 APPROVED ACCESS MODIFICATION REQUEST
1.150.25.20 PID CIRCULATION REVIEW AND APPROVAL
1.150.25.25 STORM WATER DATA REPORT
1.150.25.30 DRAFT PROJECT REPORT AS PART OF A PSSR/PR PROGRAMMING DOCUMENT
1.150.25.30.05 COST ESTIMATES FOR ALTERNATIVES
1.150.25.30.10 FACT SHEET FOR EXCEPTIONS TO DESIGN STANDARDS
1.150.25.30.15 APPROVED EXCEPTIONS TO ENCROACHMENT POLICY
1.150.25.30.20 DRAFT PROJECT REPORT AS PART OF A PSSR/PR PROGRAMMING DOCUMENT
1.150.25.30.25 DRAFT PROJECT REPORT CIRCULATION REVIEW & APPROVAL
1.150.25.99 OTHER APPROVED PID PRODUCTS
1.150.35 REQUIRED PERMITS DURING PROJECT INITIATION DOCUMENTS DEVELOPMENT
1.150.40 PERMITS DURING PROJECT INITIATION DOCUMENTS DEVELOPMENT
1.150.40.05 U.S. ARMY CORPS OF ENGINEERS PERMIT (404)
1.150.40.10 U.S. FOREST SERVICE PERMIT(S)
1.150.40.15 U.S. COAST GUARD PERMIT
1.150.40.20 DEPARTMENT OF FISH AND GAME 1600 AGREEMENT(S)
1.150.40.25 COASTAL ZONE DEVELOPMENT PERMIT
1.150.40.30 lOCAL AGENCY CONCURRENCE/PERMIT
1.150.40.35 WASTE DISCHARGE (NPDES) PERMIT(S)
1.150.40.40 U.S. FISH AND WilDLIFE SERVICE APPROVAL
1.150.40.45 REGIONAL WATER QUALITY CONTROL BOARD 401 PERMIT
1.150.40.50 ENVIRONMENTAL COMMITMENTS RECORD
1.150.40.55 NEPA DELEGATION
1.150.40.95 OTHER PERMITS
1.150.45 BASE MAPS AND PLAN SHEETS FOR PROJECT INITIATION DOCUMENTS
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District Agreement 11-0662
FUNDING SUMMARY
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LOCAL CITY Local $236,000.00 $236,000.00 $0.00 $236,000.00
I Subtotals by Component $236,000.00 $236,000.00 $0.00 $236,000.00
....
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EXHIBIT 2
LEGEND
A!GHTOFWAY ------n--______i'!"'OI'I~~
EOOEOF PAVBr1ENT n___n______---,
TOEOF SLOPE _UU____n_n__ ~
SmUCTURE nu__________n__
PROPOSED ROAOBY O"THERS _u__. . . :
TOllBOOTH ____hh___nnn .
CUT________________________ C
Flll________________________ F
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING AND
DELEGATING THE CITY ATTORNEY AND
DIRECTOR OF PUBLIC WORKS TO. ENTER INTO A
COOPERATIVE AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
REGARDING PRELIMINARY ENGINEERING
DESIGN, ENVIRONMENTAL, AND TRAFFIC
ANAL YZING ACTIVITIES ON THE STATE ROUTE
125 FUTURE INTERCHANGES AT ROCK MOUNTAIN
AND OT A Y V ALLEY ROAD
WHEREAS, the City desires to enter into a Cooperative (COOP) Agreement with State
of California Department of Transportation (Caltrans) for the purpose of conducting preliminary
engineering and traffic analysis, a Project Initiation Document (PID) to determine the geometric
design and right-of-way needed, environmental clearance, and construction cost estimates for up
to two potential interchanges on SR-125 at Rock Mountain Road and Otay Valley Road; and
WHEREAS, proposed tentative maps show the necessity for the construction of up to two
potential interchanges on SR-125 at Rock Mountain Road and Otay Valley Road to serve future
developments; and
WHEREAS, the preliminary study and design, will determine if it is feasible to construct
the interchanges so close together and/or an additional determination is needed that will waive
this requirement; and
WHEREAS, the approval of the tentative maps is awaiting the decision to construct
either of the two interchanges or just the Rock Mountain Road interchange; and
WHEREAS, the Transportation Development Impact Fee (TDIF) Program for eastern
Chula Vista lists two bridge deck projects across State Route 125 at Rock Mountain Road and at
Otay Valley Road; and
WHEREAS, approval of the tentative maps is awaiting the decision to construct either of
the two interchanges or just the Rock Mountain Road interchange; and
WHEREAS, California Streets and Highways Code Sections 114 and 130 authorize
agencies to enter into a cooperative agreement for performance of work within the State
Highway System (SHS) Right- of-Way; and
WHEREAS, Government Code Section 65086.5 authorizes Caltrans to prepare the PID
as reimbursed work. It also mandates that Caltrans review and approve the PID developed by
others and be reimbursed for the effort; and
WHEREAS, the final agreement will specify the responsibilities of both agencies in
regards to completing the PID as ajoint effort between Caltrans and the City ofChula Vista; and
7-23
WHEREAS, the total project cost of $300,000 will be funded from the TDIF Program
funds of which up to $236,000 is for Caltrans' cost for preparation of the PID preliminary
engineering while the remaining $64,000 will be for City staff time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChuJa Vista
does hereby authorize and delegate the City Attorney and Director of Public Works to enter into
a Cooperative Agreement with Caltrans regarding preliminary engineering design,
environmental, and traffic analyzing activities on the State Route 125 future interchanges at
Rock Mountain and Otay Valley Road.
Presented by
Approved as to form by
~-
Richard A. Hopkins
Director of Public Works
City Attorney
7-24
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ESTABLISHING A NEW CIP
PROJECT (STM-359) FOR SR-175 AND ROCK
MOUNTAIN ROAD & OTAY VALLEY ROAD
INTERCHANGE STUDY, AMENDING THE FY 2009-10
CIP PROGRAM BUDGET AND APPROPRIATING
$300,000 IN TDIF FUNDS THEREFOR
WHEREAS, the City desires to enter into a Cooperative (COOP) Agreement with State
of California Department of Transportation (Caltrans) for the purpose of conducting preliminary
engineering and traffic analysis, a Project Initiation Document (PID) to determine the geometric
design and right-of-way needed, environmental clearance, and construction cost estimates for up
to two potential interchanges on SR-125 at Rock Mountain Road and Otay Valley Road; and
WHEREAS, proposed tentative maps show the necessity for the construction of up to two
potential interchanges on SR-125 at Rock Mountain Road and Otay Valley Road to serve future
developments; and
WHEREAS, the preliminary study and design, will determine if it is feasible to construct
the interchanges so close together and/or an additional determination is needed that will waive
this requirement; and
WHEREAS, the approval of the tentative maps is awaiting the decision to construct
either of the two interchanges or just the Rock Mountain Road interchange; and
WHEREAS, the Transportation Development Impact Fee (TDIF) Program for eastern
Chula Vista lists two bridge deck projects across State Route 125 at Rock Mountain Road and at
Otay Valley Road; and
WHEREAS, approval of the tentative maps is awaiting the decision to construct either of
the two interchanges or just the Rock Mountain Road interchange; and
WHEREAS, California Streets and Highways Code Sections 114 and 130 authorize
agencies to enter into a cooperative agreement for performance of work within the State
Highway System (SHS) Right- of-Way; and
WHEREAS, Government Code Section 65086.5 authorizes Caltrans to prepare the PID
as reimbursed work. It also mandates that Caltrans review and approve the PID developed by
others and be reimbursed for the effort; and
WHEREAS, the final agreement will specify the responsibilities of both agencies in
regards to completing the PID as a joint effort between Caltrans and the City of Chula Vista; and
WHEREAS, the total project cost of $300,000 will be funded from the TDIF Program
funds of which up to $236,000 is for Caltrans' cost for preparation of the PID preliminary
engineering while the remaining $64,000 will be for City stafftime.
7-25
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby establish a new CIP project (STM359), amend the FY 2009-10 CIP Program
Budget and appropriate $300,000 to the CIP project expenditure category of the Transportation
Development Impact Fund (TDIF) from the available fund balance.
Presented by
Approved as to form by
Richard A. Hopkins
Director of Public Works
Bart Miesfeld
City Attorney
? L(
7-26