HomeMy WebLinkAboutItem 4.02 CalTrans Agrmt SRR bypassor
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
June 19, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -35
SUBJECT: Approval of Cooperative Agreement with the State of California Department of
Transportation (Caltrans) for the San Ramon Road Bypass Storm Drain Project,
CIP No. 960028
Prepared by Mark Lander, City Engineer
EXECUTIVE SUMMARY:
Caltrans will provide funding to the City of Dublin, in the amount of $892,000, for the
construction of a parallel storm drain line in San Ramon Road between Shannon Avenue and
Silvergate Drive, including storm runoff treatment as mitigation for construction of the Altamont
Pass Truck Climbing Lane Project on Interstate 580. City Council approval is required for a
Cooperative Agreement with Caltrans for the work.
FINANCIAL IMPACT:
Under the terms of the Cooperative Agreement, the Caltrans project funding is allocated as
follows-
Project Component
State Grant Funding
Maximum Project Design Reimbursement
$ 91,325
Maximum Project Construction Reimbursement (Including
administration and construction management)
$ 760,675
Contribution Towards Future Maintenance
$ 40,000
TOTAL
$ 892,000
The entire project and State Revenue is budgeted in Fiscal Years 2012 -2013 and 2013 -2014.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving Cooperative Agreement
between the City of Dublin and the State of California Department of Transportation (Caltrans)
for the San Ramon Road Bypass Storm Drain Project CIP Project 960028.
Page 1 of 3 ITEM NO. 4.2
x
Submit ed By
Public Works Director
DESCRIPTION:
Submitted By
Administrative Services
Director
Reviewed by
Assistant City Manager
Caltrans is required to provide improvements, in conjunction with State highway projects, that
mitigate water quality impacts caused by new construction. Caltrans and the San Francisco Bay
Regional Water Quality Control Board (Regional Board) have developed an In -Lieu Water
Quality Program. Under the program, Caltrans may, on State Highway projects where it is
physically or financially impractical to construct water quality measures, instead fund the
construction of offsite water quality improvements that provide an equal or better level of
treatment than would have been required for the State highway project.
The City has previously completed two similar projects under this program: 1) installation of
stormwater treatment measures as part of the Dublin Boulevard/ Dougherty Road Intersection
Project; and 2) Village Parkway Stormwater Treatment Project.
Caltrans informed the City that it was looking for an additional mitigation project for impacts
associated with the 1 -580 Altamont Pass Truck Climbing Lane Project. Caltrans and City staff
developed a project that has been approved by the Regional Board as acceptable mitigation.
Project revenue and costs are included in the 2012 -2013 Fiscal Year under the 2012 -2017 Five -
Year Capital Improvement Program as the San Ramon Road Bypass Storm Drain Project,
Project No. 960028.
The project will consist of installation of a new storm drain line along the west side of San
Ramon Road between Shannon Avenue and Silvergate Drive (Attachment 1). The new line will
divert 10 -acres of runoff from the current 16 -acre watershed for the line. Runoff from the new
line will be directed into a new vegetated treatment pond on the unused street right -of -way just
north of Silvergate Drive. The pond would be dry except during actual rain events. The pond
would provide the treatment area needed by Caltrans for the 1 -580 Altamont Pass project.
The existing storm drain on the east side of San Ramon Road between Shannon Avenue and
Silvergate Drive has numerous blockages due to buildup of calcium carbonate deposits. The
blockages have reduced the capacity in the pipe and, on at least one occasion, resulted in
flooding of the backyard of an adjoining residence. Cleaning of the line does not appear
practical, and replacement would be difficult due to numerous adjoining utilities, including a
1948 PG &E gas transmission line. The new parallel pipe would divert about 60% of the flows
utilizing the existing pipe on the east side of road, offsetting the loss of capacity due to the
calcium carbonate blockages (final design will determine if the amount of diversion can be
decreased). The diversion will eliminate the need for cleaning or repair of the existing pipe in the
near future. Staff is reviewing the potential for installing a filter at the upstream end of the new
line to trap suspended calcium carbonate to avoid buildup of deposits in the new line.
The project will include a trash screen at the pipe outfall, keeping trash out of the pond and
allowing the City to take credit for 10 acres of trash reduction, which will assist the City in
meeting the 40% trash reduction requirement under the State's Municipal Regional Permit for
stormwater. The project will also include a decorative fence around the pond to discourage
trespassing, littering, and dumping, and will provide perimeter landscaping around the fence.
Page 2 of 3
The proposed resolution (Attachment 2) includes the proposed Cooperative Agreement
(Attachment 3). Under the agreement, Caltrans will reimburse the City for design costs (up to
$91,325) and construction, construction management, and administrative overhead costs (up to
$760,675). Caltrans will also provide an upfront payment of $40,000 which is projected to cover
the estimated 20 -year cost of maintaining the improvements. The maintenance costs for the
improvements will be tracked and funded using these special storm drain reserves provided by
the Caltrans Grant. Interest earnings will be allocated to the designated reserves and can also
be used to fund the ongoing maintenance of the improvements.
Design will begin this summer and be completed by the end of the year. Bidding will occur in
early 2013, with construction starting in Spring 2013 and will be completed by Fall 2013.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Residents abutting the treatment pond will be notified of the design process and provided the
opportunity to provide input with regards to the landscaping.
Residents and businesses adjacent to the project will receive noticing as the start of
construction has been scheduled.
ATTACHMENTS: 1. Vicinity Map
2. Resolution Approving Cooperative Agreement with Caltrans
3. Exhibit "A" to the Resolution, Cooperative Agreement
Page 3 of 3
. _O__... ...... ... ... ...... ... . .... ....
RESOLUTION NO. - 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.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
04 -Ala 580 PM R4.7/R8.2
Truck Climbing Lane mitigation
04- 4A07U4/ 0400020643
District Agreement No. 4 -2443
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED 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 )X7RCB) 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 10 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.
1890122.1
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 -I 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 parry. 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
Department of Transportation
By:
Deputy District Director
Approved as to form and procedure
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
CITY OF DUBLIN
BY:
City Manager
Approved as to form:
Attorney
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 1 st 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