CONTRIBUTION AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE HERITAGE ROAD BRIDGE (OM T-16.2)
This Contribution Agreement (Agreement) with the effective date of______________, 2025, is entered into by and between the City of San Diego, a municipal corporation (San Diego), and the City of Chula Vista, a municipal corporation (Chula Vista), (collectively, the Parties), to contribute funds to Chula Vista.
RECITALS
1. The Heritage Road Bridge (Bridge) spans the Otay River in southern Chula Vista and provides mobility between prominent regional locations such as Chula Vista’s North Island Credit Union Amphitheatre, Chula Vista’s Sesame Place Water Park, San Diego’s Otay Mesa community and points South to Chula Vista’s Main Street and points North. The Bridge is currently a four-lane facility configured with one northbound lane, one southbound lane, and a median providing expansion capacity of two lanes.
2. On October 29, 2024, Chula Vista entered into a contract with Flatiron West, Inc. (Contractor) to construct Heritage Road Bridge Replacement & Main Street Widening as CIP Nos. STM0386 and STM0388/Federal No. BRLS-5203(039) to replace the existing Bridge with a 6-lane primary arterial roadway (adding two additional lanes) as an integral part of its overall plans for realignment and reconfiguration of Heritage Road southward from Main Street towards Chula Vista’s southern boundary with San Diego.
3. San Diego has determined that traffic volume resulting from anticipated development in Otay Mesa will require the segment of Heritage Road between Main Street in Chula Vista and SR 905 in San Diego be configured as a 6-lane primary arterial roadway. This is identified in the Otay Mesa Public Facilities Financing Plan (PFFP) adopted by San Diego City Council on July 15, 2015, by Resolution R-309815 as Heritage Road/Otay Valley Road, as project No. OM-T-16.2.
4. Chula Vista and San Diego mutually agree that the Bridge should be replaced (as identified in the Chula Vista CIP Nos. STM0386 and STM0388/Federal No. BRLS-5203(039) and San Diego No.
OM-T-16.2) as a 6-lane primary arterial bridge to accommodate the anticipated future growth of the southern Chula Vista/Otay Mesa region (Project). The Project has been identified in this Agreement that provides contribution towards the replacement of the existing Bridge with a 6- lane primary arterial bridge.
5. Chula Vista has approved the Project, has completed its bidding process, awarded a contract, and has started construction of the Project. The Contractor is subject to both state and federal prevailing wage requirements, Chula Vista’s Standard Special Provisions, Standard Specifications (Greenbook), Standard Special Provisions (Regional Supplement Amendments), Standard Plans and Drawings, and Caltrans Standard Plans and Standard Specifications. The Project was subject to California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) prior to being approved. The project was cleared for CEQA under the project’s Mitigated Negative Declaration IS-17-001 (SCH No. 2017021078) and received a NEPA Categorical Exclusion under 23 USC 327.
6. Chula Vista has secured a grant award from the federal government to fund $31.4 million of the cost of the design and construction for the new bridge. Chula Vista has determined that the cost of the Project will exceed the grant award by at least $14 million. Chula Vista and San Diego mutually agree that San Diego will contribute a payment of $2 million to the Project (San Diego Contribution), with disbursement after approval of this Agreement by the San Diego City Council. The Project will aid in alleviating traffic impacts associated with Otay Mesa buildout and will complete San Diego’s identified CIP project San Diego No. OM-T-16.2.
7. The Parties herein intend to define the terms and conditions under which the San Diego’s Contribution to the Project is to be deposited with Chula Vista.
NOW, THEREFORE, in consideration of the above recitals and mutual obligations of the Parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, San Diego and Chula Vista agree as follows:
ARTICLE 1: SCOPE OF THE AGREEMENT
1.1 The Recitals are hereby incorporated by reference.
1.2 Purpose: The purpose of this Agreement is to provide for the identification and administration, of San Diego’s Contribution to the construction of the Project.
1.3 Project: The Project is the replacement of the existing Heritage Road Bridge over the Otay River with a 6-lane primary arterial bridge. The specification for a 6-lane primary arterial facility is provided in Exhibit A.
1.4 Administration: The Project shall be managed by Chula Vista. San Diego’s role is to provide San Diego’s Contribution as identified in this Agreement.
1.5 Project Schedule: The Project Schedule is provided in Exhibit B. Construction of the Project has begun with the anticipated completion date of March 2027.
ARTICLE 2: SAN DIEGO’S CONTRIBUTION TO THE PROJECT
2.1 San Diego Contribution: San Diego shall contribute an amounted not to exceed $2,000,000, in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the description of the Project in this Agreement and its attachments. San Diego’s Contribution shall not change due to foreseen or unforeseen increases in cost incurred to complete the Project. The Project will benefit San Diego by alleviating traffic impacts associated with Otay Mesa buildout and will complete San Diego’s identified CIP project San Diego No. OM-T-16.2
2.2 Timing of the contribution disbursement: The San Diego’s Contribution shall be disbursed in due course after this Agreement has been approved, and subject to the availability of funds utilizing any combination of the funding sources cited in Section 2.3.
2.3 San Diego’s Contribution is an eligible expenditure of the Otay Mesa Facilities Benefit Assessments (FBA), the Otay Mesa Local Mobility Development Impact Fee (DIF), the Otay Mesa DIF, the Otay Mesa Enhanced Infrastructure Financing District (OMEIFD), and is consistent with the Otay Mesa PFFP. On March 6, 2025 the Otay Mesa Enhanced Infrastructure Financing District Public Financing (OMEIFD) Authority voted to approve $2,000,000 of OMEIFD funding for this Project.
Disbursement of funds are subject to availability.
2.4 San Diego’s Contribution is provided solely for the purpose of constructing the Project. If the Project construction is not completed within five (5) years, Chula Vista agrees to return any disbursed funds to the City of San Diego within 90 days of determining that the Project will not be completed.
ARTICLE 3: CHULA VISTA RESPONSIBILITIES
3.1 Completion of Project: Chula Vista agrees to complete Project in a timely manner. The Project Schedule is defined in Exhibit B.
3.2 Management of funds: Chula Vista shall use San Diego’s Contribution specifically and only on construction of the Project, or to replenish Chula Vista funds expended on the Project, and shall maintain the funds in a separate, interest-bearing account.
3.3 Chula Vista shall furnish all additional funds that may be necessary to complete the Project.
3.4 Chula Vista certifies the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Chula Vista certifies that all applicable permits and licenses (e.g., state contractor license) have been obtained.
ARTICLE 4: GENERAL PROVISIONS
4.1 Chula Vista shall waive all claims and recourses against San Diego, including the right to contribution for loss or damages to persons or property arising form, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of San Diego, its officers, agents and employees.
4.2 Chula Vista shall indemnify, hold harmless and defend San Diego, its officers, agents, and employees in perpetuity against any and all claims, demands, damages, costs, expenses, or liability costs arising of out of the Project, including development, construction, operation or maintenance of the property described in the Project description, which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which Chula Vista has certified, except for liability arising out of gross negligence of San Diego, its officers, agents or employees. Chula Vista acknowledges that it is solely responsible for compliance with items to which it has certified.
4.3 All obligations of San Diego under the terms of this Agreement are subject to the appropriation of resources by the San Diego City Council.
4.4 No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto and no oral understanding or Agreement not incorporated herein shall be binding on any of the Parties hereto.
4.5 This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California.
4.6 All terms, conditions, and provisions hereof shall ensure to and shall bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.
4.7 For purposes of this Agreement, the relationship of the Parties is that of independent entities and not as agents of each other or as joint ventures or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations.
4.8 Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of the Parties to this Agreement to third parties.
4.9 This Agreement may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart.
Chula Vista Point of Contact:
Rosina C. Flores, Assistant Director of Engineering
276 Fourth Avenue
Chula Vista, CA 91910
San Diego Point of Contact:
Sameera Rao, Assistant Deputy Director
City Planning Department
202 C Street, M.S. 413
San Diego, CA 92101
(619) 235-5200
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective on the day and year first above written.
CITY OF CHULA VISTA CITY OF SAN DIEGO
John McCann
Mayor
APPROVED AS TO FORM:
Todd Gloria
Mayor
APPROVED AS TO FORM:
Marco A. Verdugo
City Attorney
Heather Ferbert
City Attorney
ATTEST:
______________________________________
Kerry K. Bigelow, MMC
City Clerk
E
XHIBIT A
SPECIFICATION OF 6-LANE PRIMARY ARTERIAL ROADWAY
Heritage Road Bridge Replacement STM386 &
Main Street Widening STM388 Projects
SCOPE OF WORK
The scope of work for the Heritage Road Bridge Improvements project (STM386) consists of bridge replacement, environmental mitigation, and road realignment and widening including traffic improvements, potable waterline improvements, gas line supports through bridge structure, and accommodation of new and relocated utility company conveyances through bridge structure.
Improvements include removal of existing bridge over Otay River and replacement with a new 454-ft long, 130-ft wide bridge providing six-lane prime lane geometry including a raised median, dual northbound left-turn lanes, buffered bike lanes, vehicular barriers rated M.A.S.H. TL-3, six-foot wide sidewalks, roadway lighting, and pedestrian railings. The integral color structure features a three-span variable depth haunched concrete box girder design supported by high seat abutments over 36-inch cast in drilled hole (CIDH) piles featuring wing walls. Piers will be flared columns installed on 78-inch type 1 CIDH piles 124-ft long installed approximately 8-ft below existing grade. Structure will be built in stages with the first, easterly, phase protecting existing roadway and bridge in place. Barrier slabs at the four bridge corners will span between edges of pavement and wing walls, support extensions of vehicular barriers, and provide ADA finished surface. Limits of Federally participating work include roadway improvements south of the bridge beginning at Heritage Road station 14+00 and extend to the north encompassing the new bridge, wing walls, grading, rock slope protection, a portion of the drainage system, and headwall outfall adjacent to rock slope protection. Also included are staged construction / traffic control along Heritage Road and environmental mitigation measures, including but not limited to noise constraints and plant restoration. Utility work will be accommodated through the bridge.
Heritage Road will be realigned, between Main Street and Entertainment Circle North, widened to provide six-lane prime geometry, and reprofiled matching the new bridge. The scope of work consists of roadway, bicycle, ADA pedestrian, drainage, water quality, landscape, and irrigation improvements.
Guardrails and M.A.S.H. rated end terminals will be installed on bridge approaches. Traffic improvements along Heritage Road include roadway markings featuring buffered bike lanes, roadway signage, street lighting, signalization of the intersection at Entertainment Circle North, a signal modification at Main Street, and signal interconnect.
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· Bridge and Roadway Construction: Begin fall 2024.· Transition traffic to 1st half of new bridge anticipated summer 2026.· Completion spring 2027.Bridge and Street Improvements: $18 million, funded by TransportationDevelopment Impact Fees (TDIF) from Chula Vista, San Diego, and$35 million funded by the Federal Highway Bridge Program. · Construct new 454' long bridge over the Otay River with six through-lanes with 2-lane median for left turn lanes at Main Street.· Reconstruct roadway approaches between Main Street and Entertainment Circle and modify intersection of Main Street.· The bridge and approaches will be wide enough to accommodate a median, bicycle lanes and sidewalks.· The bridge will allow a 100 -year storm event to pass and accommodate a multi-use trail (including equestrians) under the bridge.· Install traffic signals at Heritage Road / Main Street and Heritage Road / Entertainment Circle North.· Widen Main Street between Nirvana Avenue and Heritage Road with additional eastbound vehicular and bike lanes with pedestrian access along river valley.
This segment of Heritage Road and the interim wood deck bridge over the Otay River does not accommodate the projected traffic between the developingOtay Ranch and the Otay Mesa Community, pedestrians, cyclists, or flooding from a 100-year storm event. This project along Heritage Road and Main Streetwill relieve projected traffic volumes between Entertainment Circle North and Nirvana Avenue, provide a crossing for cyclist, pedestrians and equestrians(under the bridge), and accommodate a 100-year storm event. )LOH1R670
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City of Chula Vista: Rosina Flores, P.E.Ph. No.: 619-691-5143For additional information on this and other projects in Chula Vista,please visit:www.chulavistaca.gov/departments/engineering
EXHIBIT B
PROJECT SCHEDULE
File No. 0735-10-STM0386 & STM0388
CIP No. STM0386 & STM0388
ADVERTISE
PREBID MEETING (1800 Maxwell Dr. Chula Vista, 91911 at 10AM) RECEIVE BIDS (via PlanetBids no later than 2 pm)
AWARD CONTRACT
EXECUTE CONTRACT
BEGIN WORK (600 WORKING DAYS)
FRIDAY, JULY 05, 2024
WEDNESDAY, JULY 31, 2024
WEDNESDAY, SEPTEMBER 4, 2024
TUESDAY, OCTOBER 8, 2024
TUESDAY, NOVEMBER 05, 2024
MONDAY, DECEMBER 16, 2024
APPROXIMATELY
END WORK MONDAY, MARCH 22, 2027
APPROXIMATELY
BID PACKAGE AVAILABLE ELECTRONICALLY
SEE NOTICE TO CONTRACTORS
ENGINEER'S ESTIMATED CONSTRUCTION COST RANGE: $48,190,000 to $53,540,000 cc:
Matt Little, Director of Engineering & Capital Projects / City Engineer Rosina Constanza, Principal Civil Engineer - Project Delivery José Serrato / Greg Tscherch / David Hicks
Nicola Kavanagh, Principal Civil Engineer - Construction, CIP, LDEV & Utility Permits Jonathan Salsman, Principal Civil Engineer - Construction, CIP, NPDES Marisa Soriano
Eddie Flores, Principal Traffic Engineer - Traffic
Oscar Cortes / Eddie Juarez
Patrick Mondea, Advanced Planning
Michael Benoza, Wastewater
Claudia Block, Administrative Services Manager
Abril del Carmen
Florence Picardal, Senior Administrative Secretary
Matt Little, Director of Public Works
Kalani Camacho, Superintendent of Public Works Operations Steve Padilla, Public Works Manager Street / BRT Maintenance Mark Sanchez, Public Works Manager Wastewater/Stormwater Collection Sam Oludunfe, Public Works Open Space Manager
Dai Hoang; Environmental Planning
PREVAILING WAGE PROJECT UNDER THE
HIGHWAY BRIDGE PROGRAM
HERITAGE BRIDGE REPLACEMENT
AND
MAIN STREET WIDENING PROJECTS
CIP# STM0386 & STM0388
CONSTRUCTION SCHEDULE