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HomeMy WebLinkAboutReso 38-10 Village Pkwy CaltransRESOLUTION NO. 38-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBLIN AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR VILLAGE PARKWAY/ AMADOR VALLEY BOULEVARD STORMWATER TREATMENT CIP PROJECT 960009 WHEREAS, the State of California Department of Transportation (Caltrans) is constructing a High Occupancy Vehicle (HOV) project on Interstate 680 between Interstate 580 and State Route 237 in Alameda and Santa Clara Counties; and WHEREAS, the San Francisco Bay Regional Water Control Board (Regional Board) has required Caltrans to provide mitigation for impacts to water quality due to the construction of the HOV lanes; and WHEREAS, the State and Regional Board have agreed that Caltrans can provide a portion of the mitigation through the installation and maintenance of two stormwater treatment units near the intersection of Village Parkway and Amador Valley Boulevard, and a vegetated swale on Village Parkway at the Interstate 680 Northbound Onramp; and WHEREAS, Caltrans has prepared Cooperative Agreement No. 4-2274 (Cooperative Agreement), under which the City will agree to install and maintain the treatment units and Caltrans will agree to reimburse the City for these costs in an amount not to exceed $647,800. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Cooperative Agreement between Caltrans and the City of Dublin. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, together with duplicate executed copies of the Cooperative Agreement, to Caltrans for approval and processing. vote: PASSED, APPROVED AND ADOPTED this 16th day of March, 2010, by the following AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTEST: Jr,.tl ~/. ~ ~~ - ~ C~C~ 2 City Clerk Reso No. xx38-10, Adopted 3-16-10, Item 4.5 ~~ Mayor Page 1 of 1 3g~,'9 Custom Mitigation 04-Ala-680-PM DRAFT 01/05/ 10 Sunol Grade Stormwater Management EU/ELL 04-253788(25379,4A520,25376, 2537A, 25378) District Agreement No. 4-2274 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO EFFECTIVE on , 2010, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE," and the CITY OF DUBLIN, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and/or 130, are authorized to enter into this Agreement. 2. STATE is constructing a southbound High Occupancy Vehicle (HOV) lane and related improvements on Interstate 680 {I-680) in Alameda and Santa Clara Counties, referred to herein as "PROJECT." 3. Pursuant to consultation in compliance with Division 7 of the California Water Code, the San Francisco Bay Regional Water Quality Control Board (RWQCB) adopted a Water Quality Certification for Southbound I-680 Sunol Grade Modified HOV Lane Widening Project on April 16, 2008 (Site No. 02-O1-C0966, File Number 2198.11 (BT)), hereinafter referred to as "CERTIFICATION," which by this reference is incorporated herein. 4. Specifically, STATE desires to have certain requirements in the CERTIFICATION be satisfied by CITY, which requirements are set forth in Exhibit A, attached hereto and incorporated herein, hereinafter referred to as "CONDITIONS." 5. STATE desires that CITY implement the work described herein this Agreement, including the work described in Exhibit B, attached hereto and incorporated herein, hereinafter referred to as "SCOPE OF WORK," and thereby satisfy CONDITIONS. 6. CITY desires to assist STATE by satisfying CONDITIONS and performing the work described in this Agreement. 7. The parties have determined that the total cost to complete the work described pursuant to this Agreement is $647,800. Said cost is further described in Exhibit C, attached hereto and incorporated herein. 8. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding (MOU) or agreement relating to work set forth in this Agreement. 9. The parties now define herein below the terms and conditions under which the terms and conditions of this Agreement shall be implemented. N'd 59 DRAFT District Agreement No. 4-2274 SECTION I CITY AGREES: 1. To satisfy CONDITIONS by implementing all of the work described herein this Agreement, including the SCOPE OF WORK. 2. To submit an initial invoice to STATE, within thirty (30) calendar days of execution of this Agreement, in the amount of $300,000 which represents an initial deposit. Thereafter, the CITY will submit invoice to STATE in arrears based on the actual expenditures not to exceed $647,800 which amount represents STATE's total financial obligation as set forth in the Agreement. 3. Within thirty (30) calendar days of receipt of STATE's initial payment of $300,000, to submit written verification to STATE that CITY has deposited $80,000 of that said deposit into an interest bearing account. Said $80,000 shall be used by CITY to perform maintenance activities as described in the SCOPE OF WORK. 4. Work performed pursuant to this Agreement by CITY, or performed on CITY's behalf, shall be performed in accordance with all State and Federal laws, regulations, policies, procedures and standards that STATE would normally follow. Work performed pursuant to this Agreement which lies within the State Highway System (SHS) right of way shall be submitted to STATE for STATE's review, comment, concurrence, and/or approval at appropriate stages of development. 5. To permit STATE to monitor, participate, and oversee the selection of personnel who shall provide engineering services for work performed pursuant to this Agreement which lies within the SHS right of way. CITY agrees to consider any request by STATE to avoid a contract award or to discontinue the contracted services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. 6. To make written application to STATE for necessary encroachment permits authorizing entry of CITY onto SHS right of way to perform work as outlined in this Agreement. CITY shall also require CITY's consultants and contractors to make written application to STATE for the same necessary encroachment permits. 7. To advertise, award, and administer the contract for work to be performed pursuant to this Agreement in accordance with requirements of the Local Agency Public Construction Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, and/or performed under encroachment permit, are covered by provisions of the California Labor Code in the same manner as are workers employed by STATE's contractors. The use of any Federal funds towards work to be performed pursuant to this Agreement shall mandate the inclusion and enforcement of all applicable Federal labor mandates. 8. Construction by CITY of those portions of work to be performed pursuant to this Agreement which lie within the SHS right of way shall not commence until CITY's contract plans involving such work, the utility relocation plans, and the right of way certification have been reviewed and accepted by STATE and encroachment permits have been issued to CITY and CITY's contractor. 2 s~ ~~ DRAFT District Agreement No. 4-2274 9. CITY's construction contractor shall maintain in force, until completion and acceptance of the contract, a policy of General Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, that complies with all coverage requirements with Section 7-1.12 of STATE's then effective Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE and its officers, agents, and employees as additional insureds. This insurance coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to CITY's construction contractor. 10. To require the construction contractor to furnish both a payment and a performance bond, naming CITY as oblige with both bonds complying with the requirements set forth in Section 3-1.02 of STATE's current Standard Spec cations prior to performing any construction work performed pursuant to this Agreement. CITY shall defend, indemnify, and hold harmless STATE and its officers, agents, and employees from all claims and suits by stop notice claimants related to the construction work performed pursuant to this Agreement. 11. Contract administration procedures shall conform to STATE's Construction Manual and the construction encroachment permit for work within the State right of way. 12. Construction within the existing or ultimate SHS right of way shall comply with STATE's Standard Specifications, STATE's Special Provisions, and STATE's Construction Manual. 13. If any existing utility facilities conflict with the construction of work performed pursuant to this Agreement or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their timely accommodation, protection, relocation, or removal. The costs for the positive identification and location, protection, relocation, or removal of utility facilities inside STATE's right of way shall be determined in accordance with Federal and California laws and regulations, and STATE's policies, procedures, standards, practices, and applicable agreements including, but not limited to, Freeway Master Contracts. 14. All survey work within the SHS right of way shall conform to the methods, procedures, and requirements of STATE's Surveys Manual and STATE's Staking Information Booklet. 15. Material testing and Quality Control/Assurance which lies within the SHS right of way shall conform to STATE's Construction Manual, Construction Manual Supplement for Local Agency Resident Engineer, Local Agency Structure Representative Guideline and STATE's California Test Methods, and shall be performed by amaterial-tester certified by STATE. 16. All work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of work, not set forth in this Agreement, CITY shall first agree to reimburse STATE for such work performed pursuant to an amendment to this Agreement or a separate executed agreement. 17. For that portion of work performed pursuant to this Agreement which lies within the SHS right of way, to furnish, and subject to the approval of STATE, a field site representative who is a licensed civil engineer in the State of California to perform the functions of a Resident Engineer. The Resident Engineer shall not be an employee or 3 6~5q DRAFT District Agreement No. 4-2274 subcontractor of the entity, if any, that prepared the PS&E or an employee of the construction contractor. 18. For work to be performed pursuant to this Agreement which lies within the SHS right of way, CITY shall furnish sufficient qualified support staff, subject to the approval of STATE, to assist the Resident Engineer in, but not limited to, structure representative, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of the mandated "As-Built" drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the PS8sE. Said qualified support staff shall be independent of the design engineering company and construction contractor. 19. Within one hundred eighty (180) calendar days following the contract completion and acceptance of the construction, furnish STATE with a complete set of "As-Built" plans for that portion of construction which lies within the SHS right of way. The submittal must also include all STATE requested contract records, including survey documents and Records of Surveys (to include monument perpetuation per the Land Surveyor Act, section 8771). CITY shall submit one vellum or paper set of "As-Built" plans, to the State representative. Mylar or paper sepia plans are not acceptable. In addition, the CITY shall provide the State representative a complete set of acceptable full-sized reproducible "As-Built" plans on a CD-ROM in AutoCAD. 20. If unanticipated cultural, archaeological, paleontological or other protected materials are encountered during work within the SHS right of way, CITY shall stop work in that area until a qualified professional can evaluate the nature and significance of the find and a plan is approved for the removal or protection of that material. CITY shall notify STATE within twenty-four (24) hours of any said discovery within SHS right of way. All costs for any removal or protection of any such materials shall be covered by STATE and this Agreement shall be amended accordingly. 21. To notify STATE in writing within five (5) calendar days prior to the construction start date of work performed pursuant to this Agreement. 22. To notify STATE in writing and obtain STATE's concurrence prior to making changes to the SCOPE OF WORK, including changes that affect the PS&Es or may affect the locations that are identified in Exhibit B. 23. To notify STATE in writing within ten (I O) calendar days when work performed pursuant to this Agreement has been completed. 24. To retain or cause to be retained for audit by STATE or other government auditors for a period of four (4) years from the date of final payment for work performed pursuant to this Agreement, or four (4) years from STATE payment of the final voucher, whichever is longer, all records and accounts relating to work performed pursuant to this Agreement. CITY shall retain said records and accounts longer for such periods as are required in writing by STATE. 4 ~~,~ DRAFT District Agreement No. 4-2274 SECTION II STATE AGREES: To provide CITY with a copy of CERTIFICATION and to subsequently notify and provide copies of all subsequent amendments thereto, or correspondence, if any, which may affect work performed pursuant to this Agreement or maintenance thereof. 2. To deposit with CITY, within thirty (30) calendar days of receipt of CITY's signed invoice, the amount of $300,000 which represents as initial deposit. Thereafter, STATE arrears based on the actual expenditures not to exceed $647,800 which amount represents STATE's total financial obligation as set forth in this Agreement. STATE may, at its sole discretion and pursuant to an amendment to this Agreement, authorize a greater amount. 3. Upon receipt of all reports, plans, and other documents submitted by CITY, STATE shall review, comment, and, if applicable, forward to RWQCB. 4. To issue, upon proper application and at no cost to CITY, an encroachment permit required for work within SHS right of way. Any third party agent (including but not limited to contractors, consultants, and utility owners) must obtain an encroachment permit issued in their name, prior to performing any work within the SHS right of way. All third party agents maybe subject to an encroachment permit fee assessment. 5. At no cost to CITY, to provide independent quality assurance (IQA) activities for work performed within SHS right of way. This IQA function includes both the obligation and authority to reject noncompliant work and materials, to order any actions needed for public safety or the preservation of property on the SHS, and to assure compliance with all provisions of the encroachment permit(s) issued by STATE to CITY and CITY's contractor. SECTION III IT IS MUTUALLY AGREED: All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature, State Budget Act authority, and the allocation of funds by the California Transportation Commission (CTC). 2. All applicable laws, rules and policies relating to the use of Federal or State funds shall apply, notwithstanding other provisions of this Agreement. 3. CITY shall conform to the provisions of Labor code sections 1720 through 1815, all applicable regulations and coverage determinations issued by the Director of Industrial Relations. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's prevailing wage requirements. 5 ~~6 59 DRAFT District Agreement No. 4-2274 4. CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section 1720(a)(1). Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 5. CITY shall conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. § 276(a} in addition to Labor Code provisions. CITY agrees to include federal prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from federal prevailing wage requirements. 6. CITY shall require its contractors to include federal prevailing wage requirements in all subcontracts funded in whole or in part with federal funds where the subcontractor shall perform a type of work subject to Davis-Bacon and Related Acts requirements. Subcontracts shall include all prevailing~wage requirements set forth in CITY's contracts. 7. The parties to this Agreement understand and agree that STATE's IQA is defined as providing STATE policy and procedural guidance to CITY for work performed pursuant to this Agreement which lies within the SHS right of way. This guidance includes prompt reviews by STATE to assure that all work and products delivered or incorporated into this Agreement by CITY conform with then existing STATE standards. IQA does not include any related work deemed necessary to actually develop and deliver the work performed pursuant to this Agreement, nor does it involve any validation to verify and recheck any work performed by CITY and/or its consultants or contractors and no liability shall be assignable to STATE, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of STATE's IQA activities. STATE shall not provide IQA for work performed pursuant to this Agreement which lies outside of SHS right of way. 8. City agrees to obtain all necessary permits, agreements, and/or approvals for work performed pursuant to this Agreement from appropriate regulatory agencies. 9. CITY shall be responsible for complying with the environmental clearances, including implementing any and all environmental commitments set forth in the environmental documentation, permits, agreements, and/or approvals. The costs of said compliance and implementation shall be a cost covered by this Agreement. 10. All administrative reports, studies, materials, and documentation, including, but not limited to, all administrative drafts and administrative fmals, relied upon, produced, created or utilized for work performed pursuant to this Agreement shall be held in confidence pursuant to Government Code section 6254.5(e). The parties agree that said material shall not be distributed, released or shared with any other organization, person or group other than the parties' employees, agents and consultants whose work requires that access without the prior written approval of the party with the authority to authorize said release and except as required or authorized by statute or pursuant to the terms of this Agreement. 11. During work performed pursuant to this Agreement which lies within the SHS right of way, representatives of CITY and STATE shall cooperate and consult with each other to assure that all work which lies within the SHS right of way is accomplished according to the PSSsE and STATE's then applicable policies, procedures, standards, and practices. Satisfaction of these requirements shall be verified by STATE's IQA representatives during construction for the purpose of monitoring and coordinating construction activities for the SHS. 6 9~s9 DRAFT District Agreement No. 4-2274 12. Any PSSsE changes which lies within the SHS right of way shall only be implemented by contract change orders that have been reviewed and approved with by STATE's representative(s). All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE's Construction Manual shall be approved by STATE in advance of performing that work which lies within the SHS right of way. In the event that such changes increase the total cost of the work performed pursuant to this Agreement, the additional costs shall be covered by STATE, and this Agreement shall be amended accordingly. Unless otherwise di- rected by STATE's representative, change orders authorized as provided herein this Article 13, shall not require an encroachment permit rider. All changes shall be shown on the "As-Built" plans. 13. In the event that STATE proposes and/or requires a change in design standards for work performed pursuant to this Agreement which lies within the SHS right of way, implementation of those new or revised design standards shall be done in accordance with STATE's Highway Design Manual, Section 82.5, "Effective Date for Implementing Revisions to Design Standards." STATE shall consult with CITY in a timely manner regarding the effect of proposed and/or required changes. Any additional related costs shall be covered by the STATE, and this Agreement shall be amended accordingly. 14. CITY shall allow representatives of STATE and RWQCB access to the locations identified in SCOPE OF WORK for the purpose of verification of construction. 15. The party that discovers hazardous material (HM) shall immediately notify the other party(ies) to this Agreement. HM-1 is defined as hazardous material (including, but not limited to, hazardous waste) that requires removal and disposal pursuant to federal or state law, whether it is disturbed by work performed pursuant to this Agreement or not. HM-2 is defined as hazardous material (including, but not limited to hazardous waste) that may require removal and disposal pursuant to federal or state law, only if disturbed by work performed pursuant to this Agreement. 16. STATE, independent of work to be performed pursuant to this Agreement, is responsible for any HM-1 found within existing SHS right of way. STATE shall undertake HM-1 management activities with minimum impact to work performed pursuant to this Agreement schedule and shall pay all costs for HM-1 management activities. CITY, independent of work to be performed pursuant to this Agreement, is responsible for any HM-1 found outside existing SHS right of way. CITY shall undertake, or cause to be undertaken, HM-1 management activities with minimum impact to work performed pursuant to this Agreement and shall pay, or cause to be paid, all costs associated with HM-1 management activities. 17. If HM-2 is found within the limits of the locations defined in Attachment 1 of SCOPE of WORK, CITY shall be responsible for HM-2 management activities. Any management activity cost related to HM-2 is a cost covered pursuant to this Agreement. 18. Management activities related to either HM-1 or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 7 /a g5q DRAFT District Agreement No. 4-2274 19. STATE's acquisition or acceptance of title to any property on which any hazardous material is found shall proceed in accordance with STATE's policy on such acquisition. 20. STATE, in exercising its authority under section 591 of the Vehicle Code, has included all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code as applicable to the work areas open to public traffic. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and/or vehicles of personnel retained by CITY to assure the protection of the traveling public and STATE employees from injury and damage from such vehicles or equipment. 21. Upon satisfactory completion of SCOPE OF WORK under this Agreement, actual ownership and title to materials, equipment, and appurtenances installed within the operating SHS right of way for SHS operations shall be vested in STATE, and materials, equipment, and appurtenances installed for non-SHS operations both inside (overcrossings and underpasses for local traffic) and outside of the SHS right of way shall automatically be deemed to be under the control of CITY or an appropriate third party as determined by CITY. 22. Upon completion of work performed pursuant to this Agreement and acceptance thereof, subject to the approval of STATE, CITY shall operate and maintain all facilities outside of the SHS right of way using the funds identified in Section I, Article 3 of this Agreement. 23. In the event that facilities which are installed pursuant to this Agreement are affected by a future STATE or CITY project, the agency responsible for that said project shall replace the affected portion of facilities at no cost to the other party. CITY shall complete the maintenance activities of any such new facilities located outside the SHS right of way with the funding described in Section I, Article 3 of this Agreement. 24. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or to affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of the SHS and public facilities different from the standard of care imposed by law. 25. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or Iiability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 26. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other 8 lly 59 DRAFT District Agreement No. 4-2274 theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 27. No alteration or variation of the terms of this Agreement shall be valid unless made by a formal amendment executed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9 ~~6b.~~ DRAFT District Agreement No. 4-2274 28. This Agreement shall terminate upon the satisfactory completion of the work described herein and the delivery of required documents, with concurrence of STATE, or on December 31, 2032, whichever is earlier in time, except that the ownership, operation, maintenance, indemnification, environmental commitments, and claims articles shall remain in effect until terminated or modified, in writing, by mutual agreement. STATE OF CALIFORNIA CITY OF DUBLIN DEPARTMENT OF TRANSPORTATION RANDELL H. IWASAHI Director By: Deputy District Director By: City Manager APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: Attorney Department of Transportation CERTIFIED AS TO BUDGETING OF FUNDS: District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS: Accounting Administrator Attorney 10 /3~d s~ EXHIBIT A CERTIFICATION CONDITIONS Cooperative Agreement 4-2274 Permanent Stormwater Treatment Controls: Project implementation would result in 26.74 acres of new and reworked impervious areas. The DepartmentT has proposed on-site stormwater treatment of 9.70 acres using biofiltration strips, resulting in a 17.04 acre treatment deficit. The Department has proposed an alternate stormwater treatment project (proposal) in coordination with the City of Dublin2 that would treat stonmwater runoff from urbanized impervious areas. Contingent upon implementation of the following proposal summary, the Water Board will consider full implementation of the alternative treatment proposal as meeting the Project's outstanding 17.04 acre treatment deficit. The Department has proposed to ensure stormwater treatment for approximately 60 acres of impervious residential and commercial area using hydrodynamic separators in the city of Dublin. One separator shall be installed on Maple Drive between York Drive and Ebensburg Lane and treat stormwater from a 41-acre catchment. The second separator shall be installed on Amador Valley Boulevard immediately southwest of the York Drive terminus and treat a 19-acre catchment. The hydrodynamic separator devices shall be equipped with oil sorbent materials to provide effective removal of trash, suspended solids and petroleum-based pollutants. Additionally, the Department has proposed retrofit of an existing culvert to provide approximately 0.51 acres of impervious area treatment using a biofiltration swale (See #2 in this section, below, for a description). Hydrodynamic separators are not considered by the Water Board to provide treatment of stormwater pollutants to the Maximum Extent Practicable (MEP), and therefore are not considered one-to-one alternatives for foregone MEP stormwater treatment. Additionally, the Water Board typically will not allow alternative treatment using non-MEP technologies, unless they are one step in a treatment train that, overall, provides MEP treatment. Nevertheless, the Water Board is accepting the Department's current proposal because all of the following apply: 1. On-site MEP Stormwater treatment opportunities have been maximized; 2. The Department has maximized off-site MEP stormwater treatment opportunities as demonstrated by: 1) Inclusion of at least one off-site treatment control that surpasses the MEP standard; and 2) Field verification by Water Board staff that off-site stormwater treatment opportunities are exhausted. 1. The word "Department" shall have the same meaning as the word "STATE" as set forth in the Agreement. 2. The words "City of Dublin" shall have the same meaning as the word "CI'T'Y" as set forth in the Agreement. 19659 In between Village Parkway and Interstate 680, between Dublin Boulevard and the adjacent northbound I-680 on-ramp, the Department has identified a portion of its right-of--way that may be retrofitted to convert a grass strip into a biofiltration Swale. The swale shall treat freeway and roadway stormwater runoff from approximately 0.51 acres of impervious surface. The area currently receives runoff only from the freeway on-ramp; however, the Department shall divert runoff from approximately 0.28 acres of Village Parkway: 3. The Water Board has been working with the Department to publicize that Department-funded stormwater treatment opportunities are available to municipalities. At the time of this certification's issuance, the city of Dublin was the only jurisdiction offering a feasible alternative compliance project. Water Board staff met with Dublin city staff to confirm MEP opportunities were not being overlooked in the proposed treatment area; and, 4. The City of Dublin shall be subject to trash control requirements as detailed in the yet-to-be ratified Municipal Urban Regional Permit (MRP). The tentative MrP language requires municipalities to identify five percent of the total urban/suburban areas within their city limits and provide full capture treatment for those areas. This level of treatment is proposed to be provided no later than four years from adoption of the MRP. Although Dublin has indicated it intends to claim trash treatment credit for approximately 34 of the 60 acres treated by the proposed hydrodynamic separators, given the language in the draft MRP at the time of this certification issuance, Caltrans sponsorship of the treatment devices will ensure their implementation within one to on-and-a-half years of the date of this certification, thereby providing treatment at an earlier date than may otherwise be provided. /5859 Exhibit B SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for environmental compliance, contract design development, construction administration, maintenance and reporting requirements for proposed stormwater treatment construction improvements projects within the CITY'sl and STATE's2 Right of Way. Section 1. stormwater treatment construction improvement projects to be completed: A.) Within the CITY's Right of Way: CITY shall install two Contech (2) hydrodynamic separators to treat approximately 60 acres of impervious area. One separator shall be installed on Amador Valley Boulevard (Attachment 1 - Unit (Separator) immediately southwest of the York Drive terminus. The first hydrodynamic separator shall treat stormwater from a 19-acre catchment (Attachment 1 -Location 1). The second hydrodynamic separator shall be installed on Maple Drive between York Drive and Ebensburg Lane (Attachment 1-Unit 2 Separator) . The separator shall treat stormwater from a 41-acre catchment (Attachment 1- Location 2). Both Contech hydrodynamic separator devices shall be equipped with oil sorbent materials to provide hydrocarbon pollutant removal. B.) Within the CITY's Right of Way: CITY shall retrofit an existing culvert pipe located along Village Parkway to direct 0.28 acres of runoff flow to the bioswale that will be installed within the STATE'S Right of Way. (Attachment 1 - Location 3) C.) Within the STATE'S Right of Way: CITY shall convert a grass strip into a biofiltration swale. The Swale shall treat freeway and roadway stormwater runoff from approximately 0.51 acres of impervious surface. (Attachment 1 - Location 4). ~ The word "CITY" shall have the same meaning as the word "CITY of Dublin" as set forth in Exhibit A of this Agreement. 2 The word "STATE" shall have the same meaning as the word "Department" as set forth in Exhibit A of this Agreement. 1 lE ~5~ District Agreement No. 4-2274 Section 2. Environmental Compliance A.) Within the City of Dublin: CITY will be the California Environmental Quality Act (CEQA) Lead Agency and STATE will be the CEQA responsible agency for the Stormwater treatment construction improvement projects which will be located outside of STATE's Right of Way. If new information is obtained during design or installation of the stormwater treatment construction improvement projects within CITY's Right of Way which requires the preparation of additional environmental documentation to comply with CEQA, CITY will complete those additional tasks, subject to an amendment to the Agreement to modify the amount to be paid by STATE pursuant to Section III.5 of the Agreement. The STATE shall review, comment and concur with the additional environmental documentation. Within STATE's Right of Way: STATE will be the CEQA Lead Agency and CITY will be the CEQA responsible agency for the Stormwater treatment construction improvement project located within STATE's Right of Way. If new information is obtained during design or installation of the stormwater treatment construction improvement projects within STATE's Right of Way which requires the preparation of additional environmental documentation to comply with CEQA, STATE will complete those additional tasks. B.) CITY shall obtain all necessary permits, agreement or approvals from the applicable regulatory agencies for implementation of all of the stormwater treatment construction improvement projects described in Section 1 of this Exhibit B. C.) CITY shall be responsible for implementation of any and all environmental commitments set forth in the environmental documentation, permit(s), agreement(s), and/or approval(s) for all of the Stormwater treatment construction improvement projects described in Section 1 of this Exhibit B. Section 3. _Stormwater Treatment Construction Improvement Projects Design Development A.) CITY shall prepare the Plans, Specifications and Estimates (PS8vE) in accordance with guidelines, design standards and requirements approved by the CITY, for the installation of two Contech hydrodynamic separators. The separators shall be sized and equipped to accommodate runoff from catchment areas as outlined in Exhibit A and Section 1.A above. A copy of the PSB~E for the separators shall be submitted to STATE for STATE's review and comment. 2