HomeMy WebLinkAbout4.09 I-580 Landscape Replacmnt
CITY CLERK
File # D[kJ[Q][QJ-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 20, 2008
SUBJECT:
Approval of Memorandum of Understanding for the Eastbound
Interstate Highway 580 Landscape Replacement Project Between the
Alameda County Congestion Management Agency and the Cities of
Dublin, Pleasanton and Livermore
Report Prepared by: Melissa Morton, Public Works Director
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ATTACHMENTS:
1)
2)
Draft Memorandum of Understanding
Location Map
l
Q/~APprove the Memorandum of Understanding for the Eastbound
\ Interstate Highway 580 Landscape Replacement Project between the
County Congestion Management Agency (ACCMA) and the Cities
of Dublin, Pleasanton and Livermore, and authorize the City
Manager to sign said Memorandum.
RECOMMENDATION:
FINANCIAL STATEMENT:
Approval of the Memorandum of Understanding will enable the city
of Dublin to receive reimbursement for up to $92,238 in landscape
replacements planned for the City's I-580/Fallon Road Interchange
Improvements Project (Contract No. 07-13A). This reimbursement
will reduce the amount of construction funds required from the Lin
Family by up to $92,238.
DESCRIPTION: The ACCMA, in coordination with Caltrans, proposes to construct
eastbound High Occupancy Vehicle (HOV) lanes for approximately 11 miles in the existing median of
Interstate 580 from Hacienda Drive to Greenville Road in Livermore. This project will necessitate the
removal of existing landscape plants in the freeway median and eastbound shoulder, and the removal is
required to be mitigated. To maintain the aesthetic value of the freeway corridor, these plants will be
replaced with new plants within the project limits.
The Cities of Dublin, Pleasanton and Livermore will receive the funding and responsibility for
implementing the landscape replacements based on the quantity of landscape removal within the
COPY TO: ACCMA
Page 1 of2
ITEMNO.~
G:\CIP\I-580 Fallon Rd\PROJECT CONSTRUCTION\agst mou for EB 580 Landscape Replacement.doc
boundaries of each agency. Ten percent of the total landscape removal will occur within the City of
Dublin limits, which is equal to $92,238 available for landscape enhancements.
The Memorandum of Understanding between the ACCMA and the Cities of Dublin, Pleasanton and
Livermore would formalize an understanding between the agencies and provide a process of
reimbursement for landscape replacement. Dublin will implement landscape replacement as part of the
I-580/Fallon Road Interchange Improvement Project and will submit its costs to the ACCMA for
reimbursement, as agreed upon in the Memorandum. In turn, since the Lin Family has agreed to fund the
costs of the I-580/Fallon Road Interchange Improvements Project as a mitigation for the development of
Dublin Ranch, any reimbursements received from the ACCMA will decrease the amount required from
the Lin Family.
The Cities of Pleasanton and Livermore are currently in the process of requesting approval of the
Memorandum of Understanding from each ofthe respective City Councils.
It is recommended that the City Council approve the Memorandum of Understanding for the Eastbound
Interstate Highway 580 Landscape Replacement Project between the Cities of Dublin, Pleasanton and
Livermore, and the Alameda County Congestion Management Agency (ACCMA), and authorize the City
Manager to sign said Memorandum.
Page 2 of2
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CITY OF PLEASANT ON, CITY OF DUBLIN, CITY OF LIVERMORE, AND
ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY
MEMORANDUM OF UNDERSTANDING
FOR
THE EASTBOUND INTERSTATE HIGHWAY 580 LANDSCAPE
REPLACEMENT PROJECT IN THE TRI-V ALLEY
This Memorandum of Understanding ("MOU") records the understanding
between the City of Pleasant on ("Pleasanton"), the City of Dublin ("Dublin"), the City of
Livermore ("Livermore") (collectively the "Local Agencies" and each individually a
"Local Agency") and the Alameda County Congestion Management Agency
("ACCMA") with respect to the replacement of landscape plants that will be removed by
the Interstate Highway 580 ("1-580") Eastbound (EB) high-occupancy vehicle (HOV)
lane projects in the Tri- Valley (the "Landscape Replacement Project").
Recitals
A. ACCMA in coordination with Caltrans proposes to construct Eastbound
(EB) HOV lanes in the existing median ofl-580 corridor in the Tri-Valley. This project is
listed as a high priority project in the Alameda Countywide Transportation Plan and as a
strategic surface transportation improvement in the Regional Transportation Plan (2030)
prepared by Metropolitan Transportation Commission ("MTC").
B. The limits of the proposed 1-580 Eastbound HOV lane project are the
interchange of Greenville Road and the interchange of Hacienda Drive. This project will
remove existing landscape plants for its proposed elements. However, to maintain the
aesthetic value of the freeway corridor, the environmental clearance process addresses the
mitigation criteria to replace the removed plants.
C. The criteria for replacing the existing plants in the 1-580 EB limits are
described in the approved Environmental Assessment / Initial Study with Negative
Declaration for the 1-580 Eastbound HOV Lane Project from East of Greenville Road to
Hacienda Drive ("EB HOV Neg. Dec.").
D. The landscape replacement criteria described in the EB HOV Neg. Dec.
(Chapter 2.1.7 Visual Aesthetics between pages 2-56 and 2-61) that would apply to this
MOU are summarized as follows:
. The median removal of existing plants (oleander) is 6.1 miles in length.
The unit cost for replacing these median plants is $127,300 per linear
miles in 2005/2006 fiscal year dollars. The total replacement cost for the
median is $776,530.
. The removal area ofthe existing plants at the 1-580 EB shoulder is
approximately 3.4 acres. The unit cost for replacing these planting areas is
$42,400 per acre in 2005/2006 fiscal year dollars. The total replacement
cost at the shoulder is $ 145,856.
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March 27, 2008
ATTACIIENT I.
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. The subtotal cost for replacing the landscape plants at the 1-580 EB HOV
project limits is $922,386.
. All replacement planting shall be implemented by the Local Agencies
within two years of the completion of all roadwork of the project.
. The landscape replacement cost shall be funded by the project.
. A three (3)-year plant establishment period would be implemented.
E. Regional Measure 2 ("RM2") funds a portion ofthe 1-580 EB HOV lane
project and this Landscape Replacement Project. Funding available from RM2 for the
landscape replacement will escalate based on the Caltrans standard rate of escalation for
the construction capital cost, 3.5% per year.
Agreement
Article I:
It is mutually agreed:
1. The Local Agencies will receive the funding and responsibility to
implement the landscape replacements for the 1-580 EB HOV Lane based on the quantity
oflandscape removal within the boundaries of each Local Agency within the project
limits. Out ofthe total landscape removal for the 1-580 EB HOV Lane project, 75%
would occur in the City of Livermore, 10% would occur in the City of Dublin and
15%would occur in the City of Pleasant on.
2. ACCMA will obtain RM2 funds to support the Landscape Replacement
Project. ACCMA will reimburse the construction cost for the landscape replacements
invoiced by the Local Agencies for the 1-580 EB HOV Lane project, up to the limit of
RM2 funding provided to ACCMA pursuant to separate funding agreements between
ACCMA and each Local Agency. The total reimbursements to each Local Agency will
be based on the percentage described in Article I, Section 1.
3. RM2 funding for Landscape Replacement Project in each Local Agency
will escalate up to the date of construction ofthe landscape replacement started in such
Local Agency. Each Local Agency shall commence construction of the landscape
replacements for the 1-580 EB HOV Lane project within two years after the completion
ofthe roadway items of the 1-580 EB HOV Lane Project.
4. The Local Agencies will designate areas where they propose to implement
Landscape Replacement Project. All proposed landscape replacement areas are subject to
prior approval by Caltrans.
5. The replacement plantings may be planted outside of Caltrans right-of-
way. However, the planting areas shall be located not more than fifty (50) feet from the
ultimate freeway right of way and shall meet the intent of improving the visual aesthetics
ofthe freeway corridor, as described in the approved EB Neg. Dec.
March 27, 2008
317
6. Landscape replacements installed outside of Caltrans right-of-way shall be
maintained by the responsible Local Agency.
7. Proposed landscape replacements within Caltrans right-of-way shall not
exceed the maximum cost per acre (as established and adjusted annually by the Caltrans
Principal Landscape Architect) ifit is required to be maintained by the State. A Caltrans
encroachment permit will be required for this work.
8. Per Caltrans policy, Caltrans maintains the minimum standard of
landscaping in the State right of way. Any new landscaping which causes existing
landscaped areas to exceed Caltrans' maximum cost per acre (as established and adjusted
annually by the Caltrans Principal Landscape Architect) within the State right of way will
be maintained entirely by the responsible Local Agency for a period of20-years
(including plant establishment). A new maintenance agreement or amendment of an
existing agreement shall be required by Caltrans if the landscape replacement
implemented in the State right of way exceeds the maximum cost per acre.
9. Each Local Agency will provide the environmental clearance documents
and design package for their portion ofthe landscape replacements in their jurisdiction.
10. Each Local Agency is responsible for implementing their entire funding of
the Landscape Replacement Project. Any unused portion ofthe funding will be
redistributed to other Local Agencies, either individually or collectively, to augment the
Landscape Replacement Project.
11. RM2 funds for landscape replacement work apply only to the construction
phase including the plant establishment period. Such funds may not be used for the
project approval and environmental document (PAlED) phase, design phase, construction
management, or maintenance after the plant establishment period.
12. RM2 funds can be used to fund landscape replacement work identified in
other proposed projects along the 1-580 corridor within the HOV lane project limits.
Article II:
ACCMA Agrees:
1. To apply to MTC for RM2 funds for this landscape replacement work, and
to distribute such funds on a reimbursement basis to the Local Agencies pursuant to
detailed funding agreements between ACCMA and each Local Agency.
2. To meet with Caltrans and Local Agencies upon request to address issues
related to this landscape replacement work.
3. To prepare a Caltrans Supplemental Project Report to assist in meeting the
environmental clearance requirements for the 1-580 EB landscape removal and
replacement work.
March 27,2008
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4. To assist the Local Agencies in meeting environmental clearance
requirements for landscape replacement work performed outside of Caltrans right-of-
way.
5. To monitor the work progress ofthe Landscape Replacement Project
performed by the Local Agencies.
Article III: Livermore agrees:
1. To be the lead agency with respect to NEP A and CEQA requirements for
all landscape replacement work implemented within Livermore.
2. To implement landscape replacements at the vineyard buffer along the 1-
580 corridor per the EI Charro Specific Plan and the Southeast quadrant ofthe FallonlEl
Charro Road interchange, or other mutually-approved location(s).
3. To provide environmental clearance documents, design package, and
engineer's estimate for all landscape replacement within Livermore.
4. To submit valid invoices for all landscape replacement work within
Livermore to ACCMA for reimbursement, up to the limit of funding available to
Livermore.
5. To provide an alternate location if installation of the vineyard buffer
required by the EI Charro Specific Plan would not meet the deadline described in the EB
Hav Neg. Dec. The requirement is that all the replacement plantings shall be
implemented within two years ofthe completion of all roadwork ofthe 1-580 EB HOV
lane.
Article IV: Dublin agrees:
1. To be the lead agency with respect to NEP A and CEQA requirements for
all landscape replacement work implemented within Dublin.
2. To implement landscape replacements at the North side ofthe Fallon/EI
Charro Road Interchange.
3. To provide the environmental clearance documents, design package, and
engineer's estimate for all landscape replacement within Dublin.
4. To submit valid invoices for all landscape replacement work within
Dublin to ACCMA for reimbursement, up to the limit of funding available to Dublin.
Article V:
Pleasanton agrees:
1. To be the lead agency with respect to NEP A and CEQA requirements for
all landscape replacement work implemented within Pleasanton.
March 27,2008
5~ii1
2. To implement landscape replacements at the Southwest quadrant of the
Fallon lEI Charro Road Interchange.
3. To provide the environmental clearance documents, design package and
engineer's estimate for all landscape replacement.
4. To submit valid invoices for all landscape replacement work within
Pleasanton to ACCMA for reimbursement, up to the limit of funding available to
Pleasanton.
IN WITNESS WHEREOF, Pleasanton, Dublin, Livermore, and ACCMA
have each by order caused the MOU to be subscribed by the binding authority of such
party.
ALAMEDA COUNTY CONGESTION CITY OF DUBLIN
MANAGEMENT AGENCY (ACCMA)
By: By:
Dennis R. Fay, Executive Director , City Manager
Reviewed as to Budget/Financial Controls Approved as to form and legality:
G. Richard Swanson
Director of Finance and Administration , City Attorney
Recommended by:
Ray Akkawi
Manager ofI-580 Corridor
Approved as to form and legality:
Wendel, Rosen, Black & Dean LLP
Counsel to ACCMA
March 27, 2008
CITY OF PLEASANTON
By:
, City Manager
Approved as to form and legality:
, City Attorney
CITY OF LIVERMORE
By:
, City Manager
Approved as to form and legality:
, City Attorney
March 27, 2008
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