HomeMy WebLinkAbout5.4 Cooperative Agreement with Alameda County Transportation Commission for the Construction Phase of the Green Stormwater Infrastructure Projectr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: April 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.4
SU B.ECT : Cooperative Agreement with Alameda County Transportation Commission
for the Construction Phase of the Green Stormwater Infrastructure Project
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Alameda County Transportation
Commission (Alameda CTC) for the construction phase of the City's Green Stormwater
Infrastructure project, as modified to accommodate the Caltrans SR84 Expressway Widening and
SR84/I-680 Interchange Improvements project, for which Alameda CTC is the lead implementing
agency. The agreement provides for the responsibility of each party during the construction
phase.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Cooperative Agreement with Alameda County Transportation
Commission for the Construction Phase of the Green Stormwater Infrastructure Project.
FINANCIAL IMPACT:
As approved in the 2022-2027 Capital Improvement Program (CIP) Update, the total budget for
the Green Stormwater Infrastructure Project, CIP No. ST0121, is $3,289,063. The estimated cost
for the construction phase, which includes construction cost and construction management and
inspection services, for the portion of the project at the Iron Horse Trail, South of Amador Valley
Boulevard is $2,800,000. Seventy-five percent of the construction phase cost will be reimbursed
by Alameda County Transportation Commission (Alameda CTC), an increase from prior estimates.
This change will be reflected in the upcoming Fiscal Year 2024-2029 Capital Improvement
Program. The City and Alameda CTC entered into a prior agreement for the preliminary
engineering, environmental clearance and permitting, and final design phase of the project. A
subsequent agreement covering the costs and funding for the long-term operation and
maintenance will be brought to the City Council for consideration at a future date.
Page 1 of 3
148
DESCRIPTION:
The 2022-2027 Capital Improvement Program (CIP) includes the Green Stormwater
Infrastructure Project (CIP No. ST0121, Attachment 3), which provides for planning, design, and
construction of various citywide projects that will improve water quality and provide other
environmental benefits in accordance with the Green Stormwater Infrastructure Plan, which was
approved by the City Council on June 18, 2019. One of the projects included in this CIP is the Green
Stormwater Infrastructure - Iron Horse Trail, South of Amador Valley Boulevard project (GSI
Project) to treat stormwater runoff from the adjacent neighborhoods prior to discharge into South
San Ramon Creek and Alamo Creek. The preliminary engineering for the GSI Project began in
September 2022 and the final design phase is now complete. Construction is anticipated to begin
summer 2024.
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 by the San Francisco Bay Regional Water Quality Control
Board (RWQCB). Caltrans and the RWQCB have approved off -site stormwater treatment and flow
control for the Alameda CTC Project.
The City's GSI Project has been modified to accommodate the requirements of the Alameda CTC
Project by incorporating modifications to increase the tributary area of impervious surface and
incorporate flow control. In exchange for accommodating the Alameda CTC Project requirements,
the additional project costs will be reimbursed by Alameda CTC.
On February 7, 2023, the City Council approved a cooperative agreement with Alameda CTC,
Agreement No. A23-0012, for the preliminary engineering, environmental clearance and
permitting, and final design (Design Phase). The agreement assigned responsibilities for each
agency, including Alameda CTC's responsibility to fund 75% of the $314,250 costs associated with
the first phase of the project.
The proposed Cooperative Agreement covers the construction phase of the combined project,
which includes construction capital, construction management, and inspection. The cost for the
construction phase of the project is estimated at $2,800,000. The Cooperative Agreement
establishes that Alameda CTC funds 75% of these costs, participates in project review, and agrees
to future agreements for long-term project maintenance. Staff will return to the City Council with
subsequent agreements for the long-term operation and maintenance for the City Council's
consideration.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Page 2 of 3
149
A copy of this report was provided to Alameda County Transportation Commission. The City
Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Cooperative Agreement with Alameda County Transportation
Commission for the Construction Phase of the Green Stormwater Infrastructure Project
2) Exhibit A to the Resolution - Cooperative Agreement Between Alameda County Transportation
Commission and City of Dublin, Alameda CTC Agreement No. A24-0014
3) CIP No. ST0121
Page 3 of 3
150
Attachment I
RESOLUTION NO. XX — 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.
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 151
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 thisl 6th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 152
Attachment 2
Alameda CTC Agreement No. A24-0014
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.
1
153
Alameda CTC Agreement No. A24-0014
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.
2
154
Alameda CTC Agreement No. A24-0014
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
3
155
Alameda CTC Agreement No. A24-0014
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]
4
156
Alameda CTC Agreement No. A24-0014
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
City Attorney
5597834.2
Gary Huisingh
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
5
157
Attachment 3
Number ST0121 GREEN STORMWATER INFRASTRUCTURE
Program
REETS
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of various citywide projects that will improve water quality and provide other environmental benefits
in accordance with the Green Stormwater Infrastructure (GSI) Plan, which was approved by the City Council on June 18, 2019. The GSI Plan and associated
implementing projects, as well as trash load reduction requirements, are mandated by the Municipal Regional Stormwater Permit (MRP). Projects include: stormwater
full trash capture device installation throughout the City, and construction of GSI along the Iron Horse Trail corridor, south of Amador Valley Boulevard. GSI
planning and planning for the installation of trash capture devices began in FY2021-22. The installation of the trash capture devices is anticipated in FY2023-24.
Construction of GSI along the Iron Horse Trail corridor, south of Amador Valley Boulevard, is anticipated in 2024.
This project is funded by a General Fund Reserve set aside for this purpose. The City and Alameda CTC entered into a Cooperative Agreement on February 7, 2023
to partner on the design and environmental permitting phase for a bio-retention and hydromodification management facility along the Iron Horse Trail corridor,
south of Amador Valley Boulevard, that satisfies a portion of the City's GSI requirement and Alameda CTC's project, SR84 Expressway Widening and SR84/I-680
Interchange Improvements. Alameda CTC's share of the costs is 75% of the total, which will be reimbursed to the City after expenditure. Both agencies will enter into
a subsequent agreement for the construction phase.
The "Other" funding is from Alameda County Transportation Commission.
ANNUAL OPERATING IMPACT: To be determined. On -going operations and maintenance (O&M) expenditures for installed facilities are required, but may be
equal to current maintenance expenditures, particularly for retrofit and replacement projects. For completely new projects, O&M costs are estimated at 1.3% of
construction cost for parcel based GSI or regional stormwater controls, and 3.6% of construction costs for green street projects. Alameda CTC will enter into a long-
term maintenance agreement with the City for the GSI along the Iron Horse Trail corridor, south of Amador Valley Boulevard, to account for the on -going
maintenance costs of the portion of the facility that satisfies their project.
MANAGING DEPARTMENT: Public Works
2022-2027 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS
TOTALS
$96,3401
$847,0531
$2,333,6701
$12,000
9100 Salaries & Benefits
9200 Contract Services
9400 Improvements
9500 Miscellaneous
1,1131111
$301
$96,039
$611,365
$1,433,670
S12,000
$301 $2,153,074
$235,688
$900,000
FUNDING SOURCE
PRIOR
YEARS
2022-2023
BUDGET
2023-2024 2024-2025
2025-2026
2026-2027
FUTURE
YEARS TOTALS
General Fund
1101 Designation
9997 Other
$301 $2,153,074
$2,153,375
$1,135,688 $1,135,688
ma
TOTAL
$301 $2,153,074 $1,135,688
V
$3,289,063
ANNUAL OPERATING IMPACT