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HomeMy WebLinkAboutReso 129-06 I-580 HOV Co-op Agmt RESOLUTION NO. 129 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * . * . * A * * APPROVING 1-580 HOV TRANSPORTATION MANAGEMENT PLAN AND INTELLIGENT TRANSPORTATION SYSTEMlTRAFFIC OPERATIONS SYSTEM (TMP & ITSrrOS) COOPERATIVE AGREEMENT FOR DESIGN, CONSTRUCTION AND ADMINISTRATION WHEREAS, the 1-580 Smart Corridor system enables the Cities of Dublin, Livermore and Pleasanton to monitor local traffic flows and manage traffic incidents in a coordinated manner in the Tri~ Valley area; and WHEREAS, on February 21, 2006, the City Council adopted Resolution 20-06 approving a Memorandum of Understanding (MOD) for 1-580 Intelligent Transportation System Management/Traffic Operations System (lTS/TOS) with Alameda County, Caltrans, Livermore-Amador Valley Transit Authority (LAVTA), Alameda County Congestion Management Agency (CMA), the Bay Area Metropolitan Transportation Commission (MTe), and the Cities of Livermore and Pleasanton, in order to improve traffic flow along highly congested corridors in Alameda County including 1-80, 1-580 and 1-880; and WHEREAS, adoption of Resolution 20-06 also included approving the Project Charter for "Phase I" 1-580 High Occupancy Vehicle (HOV) Lane Project concerning the design components of the interim HOV lane on eastbound 1-580 from Hacienda Drive to east of GreenvilIe Road, representing a multi- jurisdictional approach to intelligent traffic solutions in the Tri- Valley area in a manner consistent with the overall objective of the MOU for 1-580 ITS/TOS to work cooperatively toward improving the management and operations of the 1-580 corridor; and WHEREAS, the interim HOV lane wiII be installed in the median area of 1-580 with the understanding that the right-of-way for a future BART extension in the 1-580 median will be preserved with the next phase of the fuII HOV lane improvements along 1-580; and WHEREAS, the "Phase 1" HOV Lane Project will be implemented in two separate phases, Phase IA and Phase lB, and WHEREAS, the CMA will cover the full cost of the "Phase 1" HOV Lane Project through multiple sources including Federal, State and regional funds; and WHEREAS, Phase I A will consist of installing advanced traffic management and monitoring devices on 1-580 and adjacent local streets for the purpose of improving management of traffic operations and incidents in this corridor during the construction period of the interim eastbound 1-580 HOV lane; and WHEREAS, construction of the Phase IA project is expected to start in fall 2006 and end by spring 2007, and Reso 129-00, Adopted 6120/06, Item No. 8.3 Pap;e I of2 WHEREAS, Phase 1B will consist of the actual installation of the interim eastbound 1-580 HOV lane from Hacienda Drive to east ofGreenville Road; and WHEREAS, construction of the Phase 1B project is expected to start in summer 2007 and end by 2009; and WHEREAS, the CMA desires to enter into a Cooperative Agreement with other participating agencies to define implementation responsibilities for the Phase IA project within each jurisdiction, including project design, construction and administration; and WHEREAS, the proposed 1-580 HOV Transportation Management Plan and Intelligent Transportation System/Traffic Operations System (TMP & ITSITOS) Cooperative Agreement for Design, Construction and Administration specifies that the CMA will be responsible for the full funding, design, construction and administration of the Phase 1 A project; and WHEREAS, under the said Cooperative Agreement, the City of Dublin will facilitate design review and construction of the Phase I A project, including timely issuance of all necessary encroachment permits and timely City inspection of improvements within Dublin, as requested by the CMA NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the 1-580 HOV Transportation Management Plan and Intelligent Transportation SystemlTraffic Operations System (TMP & ITS/TOS) Cooperative Agreement for Design, Construction and Administration. BE IT FURTHER RESOLVED that the City Manager IS authorized to execute the said Cooperative Agreement, hereto attached as Exhibit "A". PASSED, APPROVED AND ADOPTED this 20th day of June, 2006, by the following vote: A YES Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES. None ABSENT None ABSTAIN None ATlES~l",- ~___ Cit erk Reso 129"()6, Adopted 6/20/06, Item No. 8.3 Pap;e 2 of2 1-580 HOV TRANSPORTATION MANAGEMENT PLAN AND INTELLIGENT TRANSPORTATION SYSTEM/TRAFFIC OPERATIONS SYSTEM (TMP & ITS/TOS) COOPERATIVE AGREEMENT FOR DESIGN, CONSTRUCTION AND ADMINISTRATION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into on --..J'L~.-:}:Q.~, 2006, by and betwccn the ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY ("CMA") and thc CITY OF DUBLIN, a municipal corporation ofthe State of California ("CITY"). RECITALS A. CMA and CITY, 1U cooperallon With other agencies, cities and county, and the State of California, Department of Transportation ("Caltrans") contemplate the mstallallon and implementation of SMART Corridor componcnts including a Traffic Operations Systems (TOS) and lntclligcnt Transportation Systems (ITS) Project ("PROJECT") within the 1-580 Corridor; and C CMA and CITY desire to specify the terms and conditions under which the PROJECT is to be advertised, bid, administered, constructed, and implemented. SECTION I PROJECT DESIGN, CONSTRUCTION AND ADMINISTRATION A. CMA AGREES I To provide all necessary conceptualization, planning, design, engineering, contract administration, procurement, construction supervision, systems integration and testmg, operation and maintcnance (through 2009), and administration scrviccs for the PROJECT 2, To apply for necessary encroachment and other penmts for the required work within CITY's jurisdiction or rights-of-way, in accordance with such CITY's standard permit procedures. 3 To apply for necessary encroachment permits for PROJECT work within Caltrans' rights-of- way, in accordance with standard pernIit procedures. 4 To pay all required fees in connection with the PROJECT, including but not limited to utility connectIOn fees, commumcalion mstallation fees, and all other fees associated with the permitting and installation of the equipment in the PROJECT However, CMA shall not be ohhgated to pay any pemlit, illspectlOn or SImilar fees to CITY 5 To adverlise, hId, award, contract and admmlster the procurement of the PROJECT components and construction of the PROJECT G:\/-58(J Smart CorridorlI-580 110 V Llm~' - TMP ITSIr'Dop Agreement Duhlin.doc 1 E".xl-)lb,+ A 6. To pay one hundred percent (100%) of the PROJECT construction, component procuremcnt, bidding, operatIOn and maintenance (through 2009), and advertising costs. 7 To provide project procurement, management and construction administration serviccs for the PROJECT on bchalf of the eITY 8. To construct the PROJECT in accordance WIth plans and specifications approved by the CITY, to the satisfaction of, and snbject to the reasonable approval of CITY, and Cal1rans, If applicahle. 9 To provide for the integral10n and implemcntation of the PROJECT 10. To, upon completion of PROJECT, fUrnISh CITY a complete sct of full-sized reproducible Record Drawings, and elcctronic copies as requcsted. II To retain or cause to be retained for audit by State of CalI fomi a or other govemmcnt anditors for a penod oflhree (3) years from date of final approval, all rccords and accounts relating to construction of PROJECT 12. To, upon completion of all work under this Agreement, transfer to CITY ownership to all PROJECT materials, eqmpment and appurtcnances located within the jurisdiction of CITY Title will automahcally be vested in CITY and no further agreement will bc ncccssary to transfer ownership to CITY upon acqmSll1on, construction, and installation of such facilities. B. CITY AGREES 1 In order to minimize delays in the PROJECT schedule, and subject to CMA provldmg adequate lead time, to promptly review and approve the plans and specifical1ons, permi! applications, and requcsts for information. 1. To issue, upon submission of complete applications and at no cost, all necessary encroachment and othcr pcrmits reqUIred for work within thc CITY's Junsdlction or rights- of-way 3 To provide, upon seventy-two (72) hours advance nobce and at no cost, all neccssary inspection serVlces for improvements completed WIthin the CITY's jurisdiction or rights"of- way, and all necessary review, commentary, and approval of submittals to minimize delays 111 the PROJECT schedulc. 4 To provide, upon reasonable nohce and at no cost, storage space or facilIties as may be reasonably necessary to facilitate the installation of PROJECT components or construction of the PROJECT within the CITY's jurisdiction or nghts-of-way G: J-580 Smllrt (.'orrinorl/-580 HOV Lrme TMP ITS'ICU()[1 Agreement_IJublin.d{JC 2 5 To provide, at no cost, a designated representative to coordinate the CITY's partlclpalion ill the PROJECT and all construction or installalion work to be performed within the CITY's jurisdiction or rights-of-way 6. Beginning on January I, 2010, CITY will be responsible for any and all costs associated with operation and maintenance of PROJECT elements wlthm CITY. SECTION II MISCELLANEOUS PROVISIONS A. THE PARTIES MUTUALLY AGREE. All obligations ofCMA undcr the terms of this Agreement are subject to the limits ofthc grant funds or such other funds received by the CMA specifically for the design, procurement, constructIon and implementation of the PROJECT Subject to such fundmg conditions and limitations, the parties agree that CMA's services under this Agreement are intended to encompass all aspects of development and delivery of the PROJECT 2. Construction by CMA of any lmpruvements rcfcrred to herein which lie within CITY's jurisdiction or rights-uf-way, shall not be commcnccd until. a. Plans and specifications involving such work have bcen rcviewed and approved by signature of CITY's Engineer, or deSignated representative; b. All required pcrmits arc issucd by CITY authonzmg such work within CITY's jurisdiction or nghtR-of-way 3 CITY shall issue all aforesmd permlls to CMA, or its designated contractors, agents, and representatives, at no cost, tbrough CITY's Department of Public Works, or other appropriate departments. The CMA's permit application(s) will bc accompanied hy five (5) sets of construction plans, five (5) sets of specIfications, proof of insurancc, and proof tbat payment and performance surety bonds covering construcl1on nf PROJECT have heen issued to CMA's contractor(s). FoIlowing CITY's issuance of such permits CMA reserves the right to make changes to the construction plans and specifications, in consultatIOn WIth CITY, provided that such revisions do not matenally mcrease the scope of work or substantmlly change the naturc of the work to be performed under the pem1ils. 4 Receipt by CMA of the necessary approvals and pcrmits shall constitute CMA's authonzation from CITY to proceed with work to he performed by CMA or its deSignated contractors, agents, and reprcsentativcs under this Agreement wlthm the CITY's jurisdiction or rights-of-way, or which affects the CITY's facilities. However, CMA's authonzatlOn to proceed with said work shall be contmgent upon CMA's compliancc with all provisions set forth in this Agreement and said permits. Cr'.'\/-58() Smart LorridorlJ~j8o IJOV Lam.' - TMP ITSICoop Ag/"l'emenl_Dt4blin..doc 3 5 Except as provided by law, CMA may advertise for bids to procure PROJECT components or constmct the PROJECT prior to the issuance of any applicable permits, but shall not commence conslructlon until after the issuance of applicable permits by CITY CMA may administer the procurement of the PROJECT componcnts in one, or multiple phascs, and jointly, or separately from the construction of the PROJECT 6. In thc construchon of said work, CMA will furnish a designated representative to perform the functions of a ReSIdent Engmeer, and CITY may, at no cost to CMA, funllsh a representative, if it so desires, to ensure conformance of work to CITY's standards. 7 Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by prior written notice, provided that CITY pays CMA for all PROJECT related costs incurred by CMA resulting from CITY's participation in this Agreement prior to tcrmination. 8. If any facility Installed, used or maintained by a privatc or public utility conflIcts WIth the PROJECT construction, or violates a CITY's encroachment policy, CITY shall require, or work in coopcration with, the owner(s) of such facility to protect, relocate or remove such facilities in accordancc with the CnY's polIcIes and procedures for such facilitics locatcd within the limits of the CITY's jurisdiction. CMA will initiate ami coordinate all contacts WIth utilities regarding such relocations but will not bc responsible for any cost associated with the required protection, relocation or removal. Any relocatcd or new facilities shall be identified on tlle Record Drawmgs to be prepared undcr this Agreement. ') Nothing in thc provisions of this Agreement is intended to create dutIes or obligations to or rights in third parties, or affect thc legal liability of either party to the Agreement by imposing any standard of carc with respect to the improvement or mamtenance of State highways greater than the standard of care imposed by law 10. NeIther CITY, nor its officers and employees, shall be responsible for any damage or lIability occurring by any act or omission by CMA under or in connection with any work, authority or jurisdiction delegated to CMA wlder th,S Agreement. It is understood and agreed that, pursuant to Government Codc Section 895 4, CMA shall fully defend, indemnify and save harmless the CITY, and its officers and employees from all claIms, suits or actions of every name, kind and descnptlOn brought for or on account of injury (as defined in Government Code Section 810 8) occurring by reason of any act or omission by CMA under or in conncction with any work, authority or jurisdiction dclegated to CMA under tl115 Agreement. 11. Neither CMA, nor its officers and employees, shall be responsihle for any damage or liability occurring by reason of act or omission by CITY under or III cOlmectlOn with any work, authority or jurisdiction delegated to CMA under this Agreement. It is understood and agrced that, pursuant to Government Code Section 8954, CITY shall fully defend, indemnify and save hanllless the CMA, and its officcrs and employees from all claIms, SUItS or actions of cvcry name, kind and description brought for or on account 0 f injury (as defined III Government Code Section 810.8) occurring by rcason of act or omISSIOn G.'IJ-580 Smart CorrufurlI-J80 IloV Lam.' - TMP lTS'iCoopAgreemenl Dublin,due 4 by CITY undcr or in conncction with any work, authority or jurisdiction delegated to CITY under this Agreement. 12. CITY acknowledges and agrccs that part, or all, of the PROJECT conceptualization, planning, design, cngincering, contract administration, procurement, construction, constructwn superviSion, systems mtegration and testing, and administrativc support scrvices may be perfomled hy CMA's designated contractors, agents, and representatives. 13 All contractors selected by CMA to perform construcbon of the PROJECT shall include CITY as an additional insured on all insurance policies related to the performance of work on the PROJECT within thc CITY's jurisdiction or rights-of-way L4 CITY hereby grants CMA and its authorized contractors, agcnts and representatives the non-exclusive right to enter upon CITY's JunsdiclIoll and nghts-of-way, subject to the terms and conditions of this Agreement and applicahle permits, for the purpose of perfornling CMA's obligations under this Agreement. G:V-580 Smart Corridarl/-jfj(} lfOV LanE! - TMP ITS\Coup Agrf:~~men,-DlIblin.duc 5 ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY Datcd: By DelilllS Fay, Executive Director RECOMMENDED BY Approved as to form and legality' (Name/Title) Wendel, Rosen, Black & Dean, LLP Legal Counsel to CMA Dated: CITY OF DUBLIN, a California municipal corporation By Richard Amhrose, City Manager ATTEST Approved as to form and legality Fawn Holman, City Clerk Elizaheth Silver, City Attorncy C.'\I-58() Smart Corridor\!..580 HOV I_ml(~ - I'M? n:'..;\CO{)P .4grl?t'!1t1e1lt_JJuhlin.dnc 6