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Home My WebLink AboutReso 27-24 Approving the Cooperative Agreement with Alameda County Transportation Commission for the Construction Phase of the Green Stormwater Infrastructure Project Reso. No. 27-24, Item 5.4, Adopted 04/16/2024 Page 1 of 2 RESOLUTION NO. 27 – 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE COOPERATIVE AGREEMENT WITH ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE CONSTRUCTION PHASE OF THE GREEN STORMWATER INFRASTRUCTURE PROJECT WHEREAS, the City completed the preliminary engineering, environmental clearance and permitting, and final design phase for the Green Stormwater Infrastructure – Iron Horse Trail, South of Amador Valley Boulevard project, CIP No. ST0121, (City Project) to treat stormwater runoff from the adjacent neighborhoods prior to discharge into South San Ramon Creek and Alamo Creek; and WHEREAS, Alameda County Transportation Commission (Alameda CTC) is the lead agency implementing the Project Approval and Environmental Document, Plans, Specifications & Estimate and Right of Way phases of the SR84 Expressway Widening and SR84/I-680 Interchange Improvements project (Alameda CTC Project), including the improvements to meet stormwater treatment and flow control requirements specified in the San Francisco Bay Regional Water Quality Control Board (RWQCB) Clean Water Act Permit 401 Certification No. WDID#2CW435077; and WHEREAS, the California Department of Transportation (Caltrans) and the RWQCB have approved off-site stormwater treatment and flow control for the Alameda CTC Project; and WHEREAS, the City Project has been modified to accommodate the above-referenced requirements of the Alameda CTC Project, by incorporating certain modifications to increase the tributary area of impervious surface and incorporate flow control; and WHEREAS, the City is willing to modify the City Project to assist Alameda CTC in meeting these requirements, so long as Alameda CTC reimburses the City for the additional costs of both design and construction; and WHEREAS, the City and Alameda CTC entered into Alameda CTC Agreement No. A23- 0012, effective March 15, 2023, for the design phase; and WHEREAS, the City and Alameda CTC now desire to enter into an agreement for the construction phase, which includes costs associated with the construction contract and construction management and inspection services, of the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control, as further described in the Cooperative Agreement, Alameda CTC Agreement No. A24-0014, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Cooperative Agreement with Alameda CTC, attached hereto as Exhibit A to this Resolution. DocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947 Reso. No. 27-24, Item 5.4, Adopted 04/16/2024 Page 2 of 2 BE IT FURTHER RESOLVED that the City Manager is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this16th day of April 2024, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947 Alameda CTC Agreement No. A24-0014 1 COOPERATIVE AGREEMENT BETWEEN ALAMEDA COUNTY TRANSPORTATION COMMISSION AND CITY OF DUBLIN Caltrans Project: SR84 Expressway Widening and SR84/I-680 Interchange Improvements Dublin Project: Green Stormwater Infrastructure – Iron Horse Trail, South of Amador Valley Boulevard This COOPERATIVE AGREEMENT (“Agreement”), dated for reference purposes only as of April __, 2024, is entered into by and between the City of Dublin (“City”), a municipal corporation, and Alameda County Transportation Commission (“Alameda CTC”), a joint powers agency. This Agreement shall become effective on the date the same is fully-executed by both parties (“Effective Date”). RECITALS A.City completed preliminary engineering, environmental clearance and permitting, and is nearing completion of the final design phase for the Green Stormwater Infrastructure – Iron Horse Trail, South of Amador Valley Boulevard project (“City Project”) to treat stormwater runoff from the adjacent neighborhoods prior to discharge into South San Ramon Creek and Alamo Creek. B.Alameda CTC is the lead agency implementing for Project Approval and Environmental Document (PA&ED), Plans, Specifications & Estimate (PS&E) and Right of Way phases of the SR84 Expressway Widening and SR84/I-680 Interchange Improvements project (“Alameda CTC Project”), including the improvements to meet stormwater treatment and flow control requirements specified in the San Francisco Bay Regional Water Quality Control Board (“RWQCB”) Clean Water Act Permit 401 Certification No. WDID#2CW435077. C.The California Department of Transportation (“Caltrans”) and the RWQCB have approved off-site stormwater treatment and flow control for the Alameda CTC Project. D.City Project can accommodate the above-referenced requirements of the Alameda CTC Project, if the City Project incorporates certain modifications to increase the tributary area of impervious surface and incorporate flow control. E.City is willing to modify the City Project to assist Alameda CTC in meeting these requirements, so long as Alameda CTC reimburses City for the additional costs of both design and construction. Exhibit ADocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947 Alameda CTC Agreement No. A24-0014 2 F. City and Alameda CTC entered into Alameda CTC Agreement No. A23-0012 effective as of March 15, 2023 for the preliminary engineering, environmental clearance and permitting, and final design phases for the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control. G. City and Alameda CTC now desire to enter into an agreement for the construction phase, which includes costs associated with the construction contract and construction management and inspection services, of the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control, H. The current construction estimate for the City Project is $2,800,000, which includes $2,366,700 for construction capital and $433,300 for construction management and inspection services. The parties agree that Alameda CTC shall be responsible for 75% of these costs, given the relative complexity and demands of the stormwater treatment and flow control elements of the Alameda CTC Project as compared to the City Project without such elements. NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS: SECTION I ALAMEDA CTC AGREES: A. To fund 75% of $2,800,000, or $2,100,000, for the construction capital, construction management and inspection costs for the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control. B. To remit payment to City within thirty (30) days of receipt of an invoice from City for reimbursement of City’s consultant or contractor costs incurred in performing the construction, construction management and inspection work for the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control. C. To review and provide comments on necessary documents produced during the construction phase, such as requests for information (RFIs), submittals, and potential change orders, to ensure consistency with the mitigation requirements, and provide comments thereon to City within fourteen (14) days after receipt thereof. D. To assist in obtaining the review and approval from Caltrans and RWQCB, as necessary, for any documents produced during the construction phase that may require review and/or approval from such agencies. DocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947 Alameda CTC Agreement No. A24-0014 3 E. To enter into an agreement with the City for the long-term maintenance and establish Alameda CTC funding for the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control. The long- term maintenance agreement shall include various compliance requirements of the 401 Certification issued by the RWQCB. SECTION II CITY AGREES: A. To oversee and complete construction, construction management and inspection for the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control. B. To inform Alameda CTC of progress and key findings as they are developed and seek input during construction, construction management and inspection. C. To invoice Alameda CTC for reimbursement of City’s consultant and contractor costs incurred in performing the construction, construction management and inspection. City shall include supporting documentation such as invoices from the construction contractor for the construction work and timesheets for consultant staff performing construction management and inspection. D. To respond to comments provided by Alameda CTC, RWQCB, and Caltrans on draft documents. F. To enter into a long-term maintenance agreement with Alameda CTC to establish Alameda CTC funding for the City Project, as modified to accommodate the requirements of the Alameda CTC Project related to stormwater treatment and flow control. The long-term maintenance agreement shall include various compliance requirements of the 401 Certification issued by the RWQCB. E. City shall require the professional consultant(s), subconsultants, contractors and subcontractors performing the work required hereunder to name Alameda CTC, its governing body, officers, employees and consultants as additional insureds on the same terms as City is so named on all insurance required by City for the City Project. SECTION III IT IS MUTUALLY AGREED: A. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and any oral discussions or written or oral agreements with respect thereto preceding the effective date of this Agreement are superseded hereby, with the exception DocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947 Alameda CTC Agreement No. A24-0014 4 of Alameda CTC Agreement No. A23-0012. No amendment, 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. B. Alameda CTC and the City each render their services under this Agreement as independent agencies. None of the agents or employees of either shall be deemed agents or employees of the other. C. Any notice given under this Agreement shall be in writing and shall be deemed given if delivered personally or mailed by registered or certified mail or commercial overnight courier, return receipt or confirmation of delivery requested, to the parties at the following addresses (or at such other address for a party as shall be specified by like notice): If to City: If to Alameda CTC: Linda Smith, City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 linda.smith@dublin.ca.gov Tess Lengyel, Executive Director Alameda County Transportation Commission 1111 Broadway, Suite 800 Oakland, CA 94607 tlengyel@alamedactc.org [signatures on following page] DocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947 Alameda CTC Agreement No. A24-0014 5 In witness whereof, the parties hereto have executed this Agreement by their duly authorized officers. CITY OF DUBLIN ALAMEDA COUNTY TRANSPORTATION COMMISSION By: By: Linda Smith D’Ambrosio Tess Lengyel City Manager Executive Director Date: Date: Approved as to form: Recommended for Approval: By By: John Bakker Gary Huisingh City Attorney Deputy Executive Director of Projects Reviewed as to Budget/Financial Controls: By: ______________________________ Patricia Reavey Deputy Executive Director of Finance and Administration Approved as to form and procedure: By: Fennemore Wendel Legal Counsel for Alameda CTC 5597834.2 DocuSign Envelope ID: 7823305E-34D4-413D-AAE9-4A320D786947