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HomeMy WebLinkAboutReso 100-12 Dept of Trans Storm Drain RESOLUTION NO. 100 - 12 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 SAN RAMON ROAD BYPASS STORM DRAIN, CIP PROJECT 960028 WHEREAS, the State of California Department of Transportation (Caltrans) is constructing the Interstate 580 Altamont Pass Truck Climbing Lane Project in Alameda County; 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 truck climbing 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 a vegetated stormwater treatment pond on San Ramon Road north of Silvergate Drive, including construction of a storm drain line to divert flows to the pond; and WHEREAS, Caltrans has prepared Cooperative Agreement No. 4-2443 (Cooperative Agreement), under which the City will agree to install and maintain the improvements and Caltrans will agree to reimburse the City for these costs in an amount not to exceed $892,000. 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. PASSED, APPROVED AND ADOPTED this 19th day of June, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Jv w: ATTESTS Mayor City Clerk Reso No. 100-12,Adopted 6-19-12, Item 4.2 Page 1 of 1 04-Ala 580 PM R4.7/R8.2 Truck Climbing Lane mitigation 04-4A07U4/0400020643 District Agreement No. 4-2443 COOPERATIVE AGREEMENT THIS AGREEMENT, ENIERED INTO EFFECTIVE on , 2012, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "CALTRANS," and the CITY OF DUBLIN, a body politic and a municipal corporation of the State of California, referred to herein as "CITY." RECITALS 1. CALTRANS and CITY, hereinafter referred to as "PARTIES," pursuant to Streets and Highways Code sections 114 and/or 130, are authorized to enter into this Agreement. 2. CALTRANS is constructing the Interstate Route 580 Truck Climbing Lane project in Alameda County, referred to herein as "PROJECT." 3. PROJECT resulted in the addition of 9.71 acres of added or reworked impervious surface within the jurisdictional boundaries of the State Water Resources Control Board's Region 2, referred to herein as "IMPACTS." 4. The State Water Resources Control Board (referred to herein as WRCB) issued to CALTRANS a 401 Certification (dated May 06, 2011) for PROJECT, referred to herein as "401" and incorporated herein by this reference. As partial mitigation for IMPACTS, Additional Condition 1.0 of 401 requires that CALTRANS provide 7.69 acres of offsite stormwater treatment within the Arroyo Las Positas watershed, referred to herein as "MITIGATION PROJECT." 5. CITY desires to assist CALTRANS by implementing MITIGATION PROJECT as set forth in this Agreement as and further described in Exhibit A and made a part of this Agreement. CITY will also perform any and all required maintenance on the installed MITIGATION PROJECT for a period of no less than 20 years. 6. PARTIES have determined that the total cost of constructing MITIGATION PROJECT and performing the necessary maintenance for a period of no less than 20 years is $892,000 as detailed in Exhibit B, attached hereto and made a part of this Agreement. 1890122. • DRAFT District Agreement No. 4-2443 7. The terms of this Agreement shall supersede any inconsistent terms of any prior Memorandum of Understanding (MOU) or agreement relating to PROJECT. 8. PARTIES now define herein below the terms and conditions under which this Agreement will be implemented. SECTION I CITY AGREES: 1. All work performed by CITY, or performed on CITY's behalf, shall be performed in accordance with all state and federal laws, regulations, policies,procedures, and standards. 2. To implement MITIGATION PROJECT as described in attached Exhibit B, attached hereto and made a part of this Agreement. In the event that a subsequent amendment to PERMIT or modification of Additional Condition 10 of 401 by the WRCB results in additional work not covered by this Agreement (referred to herein as "ADDITIONAL WORK"), this Agreement will be amended to include the completion of ADDITIONAL WORK as well as any additional funding required for the completion of said ADDITIONAL WORK. 3. To perform all necessary maintenance on the completed MITIGATION PROJECT facilities for a period of no less than 20 years. 4. To submit one invoice to CALTRANS within thirty (30) calendar days of execution of this Agreement in the amount of $100,000, which represents the initial deposit for work performed pursuant to this Agreement. To submit, thereafter, to CALTRANS itemized invoices monthly and in arrears for costs incurred for work performed related to MITIGATION PROJECT. Total invoices submitted (including the initial deposit) shall not exceed a total amount of$892,000, which amount represents CALTRANS' total financial obligation as set forth in this Agreement. Said invoices will meet format and content requirements specified by CALTRANS and shall be submitted to the CALTRANS Project Manager for approval and forwarding to the appropriate Accounting Office for payment. 5. Within (30) days of receipt of STATE's first payment of $100,000, to submit written verification that CITY has deposited $40,000 of that sum into an interest bearing account. Said $40,000 shall be used by CITY to perform any and all required maintenance activities on the completed MITIGATION PROJECT facilities. CITY further agrees to deposit any of STATE's funds that are not utilized to construct PROJECT into said interest bearing account and to utilize said funds for maintenance activities only. 6. To use one hundred percent (100%) of CALTRANS' funds provided pursuant to this Agreement, in order to satisfy CITY's obligation and responsibilities set forth in this Agreement. 1890122.1 2 DRAFT District Agreement No. 4-2443 7. If work performed under this Agreement is done under contract(not completed by CITY's own employees) and is governed by the California Labor Code's definition of a "public work" (section 1720(a)(a)), CITY will conform to sections 1720— 1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 8. To include wage requirements in all contracts for"public work" and will require their contractors and consultants to include prevailing wage requirements in all agreement- funded subcontracts for "public work." 9. To use all of CALTRANS's funds, including any interest accrued thereon, on only those qualified activities that will satisfy MITIGATION PROJECT. 10. To notify CALTRANS in writing five (5) days prior to the construction start date of MITIGATION PROJECT. 11. To notify CALTRANS in writing and obtain CALTRANS' concurrence prior to making changes to MITIGATION PROJECT, including changes that may affect the location of said PROJECT. 12.- To submit written notification to CALTRANS when MITIGATION PROJECT construction has been completed. 13. To retain all books, documents,papers, accounting records, and other evidence pertaining to costs incurred, including support data for cost proposals, and to make such materials available at the respective offices of CALTRANS at all reasonable times for three (3) years after the termination date of this Agreement. CALTRANS,the Federal Highway Administration, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CITY that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished when requested. SECTION II CALTRANS AGREES: 1. To provide CITY with a copy of PERMIT and to subsequently notify and provide copies of all subsequent amendments thereto, or correspondence, if any, which may affect MITIGATION PROJECT or maintenance thereof. 2. To deposit with CITY within thirty (30) calendar days of receipt of CITY's signed invoice, the amount of $100,000 for the first invoice and thereafter to deposit with CITY within thirty (30) calendar days after receipt of each subsequent monthly invoice, all approved actual costs incurred for work performed related to the construction of MITIGATION PROJECT for a total of$892,000 (including the initial deposit) which amount represents CALTRANS' total financial obligation as set forth in this Agreement. 1890122.1 3 DRAFT District Agreement No. 4-2443 3. Upon receipt of all MITIGATION PROJECT reports, plans, and other documents submitted by CITY, CALTRANS will review, comment, and forward, if applicable, to State Water Resources Control Board. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of CALTRANS 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 allow representatives of CALTRANS access to the location of the MITIGATION PROJECT located outside of SHS right of way for the purpose of verification and monitoring of performance of MITIGATION PROJECT and maintenance thereof. 4. CITY agrees to ensure that after MITIGATION PROJECT is constructed, the installed • facilities will be maintained, operated and managed to all applicable CITY and CALTRANS standards. 5. The party that discovers HM will immediately notify the other party(ies) to this Agreement. HM-1 is defined as hazardous material (including but not limited to hazardous waste)that may require removal and disposal pursuant to federal or state law, whether it is disturbed by MITIGATION PROJECT 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 MITIGATION PROJECT. 6. CALTRANS, independent of MITIGATION PROJECT, is responsible for any HM-1 found within the existing SHS right of way. CALTRANS will undertake or cause to be undertaken HM management activities related to HM-1 with minimum impact to PROJECT schedule and will pay all costs associated with HM management activities related to HM-1. 7. CITY, independent of MITIGATION PROJECT,is responsible for any HM-1 found within MITIGATION PROJECT limits and outside the existing SHS right of way. CITY will undertake or cause to be undertaken HM management activities related to HM-1 with • 1890122.1 4 DRAFT District Agreement No. 4-2443 minimum impact to MITIGATION PROJECT schedule, and CITY will pay, or cause to be paid, all costs associated with HM management activities related to HM-1. 8. If HM-2 is found within the limits of MITIGATION PROJECT,the public agency responsible for advertisement, award, and administration(AAA) of the MITIGATION PROJECT construction contract will be responsible for HM-2 management activities. Any management activity cost associated with HM-2 is a MITIGATION PROJECT construction cost. 9. Management activities associated with either HM-1 or HM-2 include, without limitation, any necessary manifest requirements and designation of disposal facility. 10. CALTRANS' acquisition of or acceptance of title to any property on which any hazardous material is found will proceed in accordance with CALTRANS's policy on such acquisition. 11. In the event that MITIGATION PROJECT facilities are affected by a future CALTRANS or CITY project, the agency responsible for said project shall replace the affected portion of MITIGATION PROJECT facilities at no cost to the other party. Any and all required maintenance of replacement facilities will be completed by CITY with the funding described in Section I,Article 5 of this Agreement. 12. 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. 13. Neither CITY 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 CALTRANS and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this agreement. It is understood and agreed that CALTRANS will fully defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, 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 CALTRANS and/or its agents under this agreement. 14. Neither CALTRANS 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 and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this agreement. It is understood and agreed that CITY will fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, 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 CITY and/or its agents under this agreement. 1890122.1 5 • DRAFT District Agreement No. 4-2443 15. 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. 16. This Agreement shall terminate upon satisfactory completion of MITIGATION PROJECT or December 31, 2014, whichever comes first. However all indemnification, document retention; audit, claims, environmental, legal challenge, hazardous material, operation, maintenance, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 1890122.1 6 DRAFT District Agreement No. 4-2443 PARTIES declare that: 1. Each PARTY is an authorized legal entity under federal law and/or California state law. 2. Each PARTY has the authority to enter into this Agreement. 3. The people signing this Agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA CITY OF DUBLIN •Department of Transportation By: By: Deputy District Director City Manager Approved as to form and procedure: Approved as to form: Attorney Attorney Department of Transportation Certified as to budgeting of funds: District Budget Manager Certified as to financial terms and conditions: Accounting Administrator 1890122.1 7 DRAFT District Agreement No. 4-2443 EXHIBIT A SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for completion of the Bioretention Unit project within the CITY's right of way, which includes environmental compliance, contract design development, construction administration, maintenance, and reporting requirements. Section 1. Bioretention Unit Project To Be Completed A) CITY shall design and implement a project that will retrofit the existing drainage system and install a Bioretention Unit near the intersection of San Ramon Road and Silvergate Drive. The project shall be based on the conceptual proposal that was approved by the San Francisco RWQCB (Attachment 1). The Bioretention Unit shall provide stormwater treatment for a minimum of 7.69 acres of impervious surface. B) The Bioretention Unit consists of the following elements: a. Retrofit of existing drainage system, which include installation of 1,640 ft of pipes b. Drainage structures to allow the inflow of stormwater into the Bioretention Unit and the outflow from the Bioretention Unit into CITY drainage system c. Construction of 14,300 SQFT of Bioretention Unit, which will include surface planting, tree, and shrub planting around the Bioretention Unit d. Widening of existing ditch from 2 ft to 4 ft e. Installation of 4 ft path to be used as maintenance access to the Bioretention Unit f. Chain-link fence and gate for maintenance access Section 2. Environmental Compliance A) CITY will be the California Environmental Quality Act (CEQA) Lead Agency and CALTRANS will be the CEQA responsible agency for the Bioretention Unit project which will be located outside of CALTRANS right of Way. CITY shall be responsible for the preparation of the environmental documentation to comply with CEQA. CALTRANS shall review, comment, and concur (if applicable) with the environmental document. B). CITY shall obtain all necessary permits, agreements, or approvals from the applicable regulatory agencies for implementation of the Bioretention Unit as described in Section 1 of this Exhibit. Section 3.Bioretention Unit Project Design Development A) CITY shall prepare the Plans, Specifications and Estimates (PS&E) in accordance with guidelines, design standards, and requirements approved by the CITY, for the installation of the Bioretention Unit as outlined in Section 1 above. The PS&E completion shall be within one year starting the effective date of this Agreement, or before April 15, 2013. B) A copy of the PS&E for the Bioretention Unit shall be submitted to CALTRANS for CALTRANS' review, comment, concurrence and/or approval at appreciate stages of development. 1890122.1 8 DRAFT District Agreement No. 4-2443 Section 4. Construction Administration A) CITY shall advertise, award, and administrate the construction contract for the Bioretention Unit project according to the PS&E. B) CITY shall notify CALTRANS in writing five (5) calendar days prior to the construction start date of the Bioretention Unit project. C) CITY shall notify CALTRANS in writing and obtain CALTRANS' concurrence and/or approval prior to making any changes to the approved PS&E. D) CITY shall, within 180 calendar days following the contract completion and acceptance of the construction, furnish CALTRANS with a complete set of"As-Built" plans for the Bioretention Unit. The submittal must also include all CALTRANS requested contract records, including survey documents and Records of Surveys (to include monument perpetuation per the Land Surveyor Act, section 8771). CITY shall submit a complete set of acceptable full-sized reproducible "As-built" plans on a CD-ROM in MicroStation or AutoCAD format. Section 5. Maintenance and Reporting Requirements A) Following completion of the Bioretention Unit construction, the Bioretention Unit shall be incorporated into CITY's inventory of stormwater treatment facilities and shall be maintained by the CITY thereafter. B) CITY shall ensure the Bioretention Unit is properly maintained following Alameda County C.3 Stormwater Technical Guidance to enable their full pollutant removal functionality, including but not limited to, effective removal of trash, suspended solids and petroleum-based pollutants, for no less than 20 years. C) City shall submit written bank verification to CALTRANS that CITY has deposited $40,000.00 into an interest bearing account for the maintenance of the Bioretention Unit installed within the CITY for a 20 year life of service. D) CITY shall submit a report in electronic format detailing the installation of the Bioretention Unit within ten (10) days following completion of all construction work, including but not limited to the following information: 1. Date of construction completion 2. Total cost of the project 3. Name, address, and telephone number of the maintenance entity that will be maintaining the Bioretention Unit 4. Any changes that occurred during construction(if any) E). CITY shall submit an annual maintenance report in electronic format on the Bioretention. Unit to CALTRANS by October 1st each year for twenty (20) years including, but not limited to the following information: 1. Date of maintenance 2. List of maintenance activities performed 3. General operation and condition of Bioretention Unit 4. Any recommendations based on the maintenance review 1890122.1 9 DRAFT District Agreement No. 4-2443 It is acceptable for the CITY to provide an excerpt of their annual National Pollutant Discharge Elimination System (NPDES)report to the San Francisco Bay Regional Water Quality Control Board which also documents maintenance activities of water-treatment measures in the CITY system. The excerpt must address the items listed above in the annual maintenance reporting. 1890122.1 10