HomeMy WebLinkAboutItem 4.8 Update MOU with Livermoreor
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DATE:
TO:
FROM:
SUBJECT:
STAFF REPORT
CITY COUNCIL
April 19, 2016
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -40
Christopher L. Foss, City Manager "
Consideration of a Minor Change in an Approved Memorandum of Understanding
with Livermore for Conducting Preliminary Engineering for Dublin Boulevard
Extension to Livermore
Prepared by Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
At the March 1, 2016 meeting, the City Council approved the execution of a Memorandum of
Understanding (MOU) with the City of Livermore to conduct a joint study to create a precise
alignment and prepare preliminary engineering documents for the extension of Dublin Boulevard
from Fallon Road in Dublin to North Canyons Parkway in Livermore. Staff has found a clerical
error in Figure 1 attached to the MOU and seeks to update this figure. There is no change to the
MOU's provisions.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council
corrected Figure 1 of the approved MOU
Engineering Study for the Dublin Boulevar
d
ubmitte` By
Public Works Director
DESCRIPTION:
direct the City Clerk to replace Figure 1 with the
with the City of Livermore to Conduct a Preliminary
Extension to North Canyons Parkway in Livermore.
\ Reviewed By
Assistant City Manager
At the March 1, 2016 meeting, the City Council approved the execution of an MOU
(Attachment 1) with the City of Livermore for conducting various preliminary engineering tasks
for the planned extension of Dublin Boulevard from Fallon Road in Dublin to North Canyons
Parkway in Livermore. The preliminary engineering will be accomplished through the completion
of a traffic study and the initial design, including the preparation of precise alignment. The traffic
study will determine the ultimate capacity (number of lanes) needed for this roadway extension.
Having a precise alignment and preliminary engineering for this project is critical for both cities
Page 1 of 2 ITEM NO. 4.8
in order to significantly improve the chances for receiving regional or federal funding. After the
completion of the preliminary engineering, Staff will bring forth an agenda item requesting City
Council's approval of the precise alignment and an update to the General Plan.
Staff has noted a minor difference in the location of the City of Livermore jurisdictional boundary
and the Alameda County jurisdictional boundaries as shown in the Figure 1 of the approved
MOU (Attachment 2). The corrected Figure 1 is depicted in Attachment 3. City Council approval
of this correction will not result in a change to the MOU provisions.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Copy of this staff report and updated MOU have been provided to the City of Livermore.
ATTACHMENTS: 1. Approved Memorandum of Understanding with the City of Livermore
to Conduct a Preliminary Engineering Study for the Dublin Boulevard
Extension to North Canyons Parkway in Livermore
2. Figure 1 of the Approved MOU
3. Corrected Figure 1
Page 2 of 2
Attachment 1
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF LIVERMORE AND CITY OF DUBLIN
FOR THE DUBLIN BOULEVARD /NORTH CANYONS PARKWAY EXTENSION PROJECT
(INITIAL PRELIMINARY DESIGN PHASE)
This MEMORANDUM OF UNDERSTANDING, dated as of the _ day of ,
2016 (this "MOU "), is entered into by the City of Livermore, a Municipal Corporation
( "LIVERMORE ") and the City of Dublin, A Municipal Corporation ( "DUBLIN ").
SECTION I - RECITALS
A. The Dublin Boulevard /North Canyons Parkway Extension Project is a project to
connect existing Dublin Boulevard in DUBLIN to North Canyons Parkway in
LIVERMORE (the "ROADWAY "), an approximate distance of 8,100 feet, shown in
FIGURE 1 attached hereto and incorporated herein by reference (the "PROJECT ").
B. DUBLIN's general plan reflects an ultimate six lane configuration within the
PROJECT limits. LIVERMORE's general plan reflects four lanes within the
PROJECT limits. Both Livermore and Dublin would like to reconcile the planned
number of lanes within the PROJECT limits to meet future transportation needs.
C. The PROJECT is included in DUBLIN's Eastern Dublin Traffic Impact Fee program,
which has been accumulating partial funding for the PROJECT.
D. The PROJECT is included in LIVERMORE's Traffic Impact Fee Program, which has
been accumulating partial funding for the PROJECT.
E. The PROJECT is included in the Alameda Countywide Transportation Plan and the
Plan Bay Area, a transportation blueprint of Countywide and 9 Bay Area Counties,
respectively.
F. LIVERMORE and DUBLIN have been coordinating regarding the extension of the
ROADWAY, and agree that the ROADWAY will generally follow a horizontal
alignment parallel to 1 -580. The precise alignment is expected to be developed as
part of the PROJECT.
G. The PROJECT will require a traffic study be completed and a preliminary design be
drafted prior to any construction.
H. The ROADWAY alignment will traverse through lands within unincorporated
Alameda County between the LIVERMORE and DUBLIN jurisdictional boundaries.
LIVERMORE and DUBLIN understand that on -going support will be required from
Alameda County in the implementation of the PROJECT and agree that the
PROJECT will be coordinated with Alameda County prior to the City Council of either
DUBLIN or LIVERMORE taking any action to approve construction of the PROJECT.
I. LIVERMORE and DUBLIN recognize that the lands within unincorporated Alameda
County between the LIVERMORE and DUBLIN jurisdictional boundaries are outside
of either jurisdiction's urban growth boundary. Development of this area is governed
by Alameda County Measure D.
J. The parties intend to define herein the understanding by which LIVERMORE and
DUBLIN are to implement the initial preliminary design phase of the PROJECT.
SECTION II - UNDERSTANDING
Now, therefore, in exchange for DUBLIN's promises to undertake the studies and design
work for the portions of the PROJECT located within LIVERMORE pursuant to the provisions
below, and for LIVERMORE'S promises to authorize and reimburse DUBLIN to undertake such
studies and design work pursuant to the provisions below, LIVERMORE and DUBLIN agree as
follows:
PURPOSE. The purpose of this MOU is to set forth the parties' goals and expectations with
respect to implementing the initial preliminary design phase (the "Preliminary Engineering ")
of the PROJECT. The Preliminary Engineering will be accomplished through the completion
of a Traffic Study and the Initial Preliminary Design, as further explained under Section 11.2
and 11.3 of this MOU. This MOU shall only be construed to create the specific rights and
obligation set forth herein, and is not intended, and shall not be construed, to create any
rights or obligations beyond those that do not otherwise exist under the law.
2. TRAFFIC STUDY. DUBLIN'S General Plan recommends six lane capacity for the
PROJECT. Livermore's General Plan recommends four lane capacity for the PROJECT.
Due to the changes to land uses in the PROJECT vicinity, it is possible that a different
capacity is now needed. DUBLIN will conduct a traffic study for the PROJECT to determine
the ultimate capacity (number of lanes) of the ROADWAY to be located in the entire
PROJECT area which includes portions of DUBLIN, LIVERMORE and unincorporated
portions of Alameda County. The scope of work, fee, and selection of consultants for the
traffic study will be approved by LIVERMORE's City Engineer prior to DUBLIN'S
commencement of the study. Where the study is conducted within the jurisdictional
boundaries of LIVERMORE the study will be conducted to the satisfaction of LIVERMORE,
in accordance with LIVERMORE standards and requirements. Parties to this MOU
understand that changes to the PROJECT capacity (number of lanes) may require
amendments to the General Plans and any associated planning documents. Any necessary
General Plan amendments will be processed and funded exclusively by the jurisdiction(s)
performing the amendments. Furthermore, parties to this MOU understand that certain lands
within the PROJECT limits are under the jurisdiction of the Alameda County and any
changes to the land use in this area must be approved by the Alameda County. Such
approval will be coordinated by both parties to this MOU. This MOU does not commit either
DUBLIN or LIVERMORE to construct any aspect of the PROJECT and does not commit
either DUBLIN or LIVERMORE to alter their General Plans or make any other changes to
land use regulations. As such, this MOU does not reasonably have the potential to impact
the environment and does not constitute a project for the purposes of the California
Environmental Quality Act (CEQA). Before approvals to move forward with construction of
the PROJECT occurs and before any land use regulation of either DUBLIN or LIVERMORE
is altered, each City will ensure that any requirements of CEQA are fulfilled.
3. INITIAL PRELIMINARY DESIGN. DUBLIN will complete the initial preliminary design for the
PROJECT
consultants
DUBLIN'S
within LIVERMORE and DUBLIN. The scope of work, fee, and selection of
for the initial preliminary design will be approved by LIVERMORE prior to
commencement of the design work. The initial preliminary design of the
PROJECT will determine the street cross - sections, preferred horizontal and vertical
ROADWAY alignment, generate a right -of -way base map, and develop a planning level cost
estimate. The initial preliminary design shall accommodate the planned extension of BART
to Livermore. The initial preliminary design shall identify appropriate access points to land
fronting the PROJECT. Abutters' rights shall be restricted along the roadway through
unincorporated Alameda County to only allow development consistent with Alameda County
Measure D. All engineering and design work performed in or regarding work to be
performed in LIVERMORE shall be performed to the satisfaction of LIVERMORE.
4. INVOICING AND PAYMENT.
a. DUBLIN will invoice LIVERMORE for reimbursement of DUBLIN'S consultant
costs incurred in performing the traffic study and initial preliminary design phase tasks under
this MOU no less than quarterly. LIVERMORE will reimburse DUBLIN twenty percent (20 %)
of the cost for traffic study and initial preliminary design of the PROJECT no later than 30
days after receipt of an invoice from DUBLIN. DUBLIN and LIVERMORE agree that this
twenty percent cost allocation is a rough reflection of the PROJECT area contained in each
of their respective jurisdictions, as demonstrated in FIGURE 1 attached hereto.
b. If either party is successful in receiving grant funding for the traffic study and
preliminary design phase, grant funding will be used first for this work and will be shared on
the basis of the ratio of cost sharing under Section 11.4.a. Each party will provide the local
match, if required, on the basis of the cost sharing ratio outlined in Section 11.4.a.
C. Excluding the costs of the traffic study and initial preliminary design phase,
LIVERMORE and DUBLIN will divide the remaining costs for the PROJECT as follows:
DUBLIN and LIVERMORE will split all costs of the PROJECT related to construction in
Alameda County on a 50 -50 basis. DUBLIN will be responsible for all costs associated with
the PROJECT in its jurisdiction. LIVERMORE will be responsible for all costs associated
with the PROJECT in its jurisdiction.
5. FUTURE PROJECT PHASES. LIVERMORE and DUBLIN agree to jointly seek funding for
future PROJECT phases, including, but not limited to, preliminary engineering, right -of -way,
and construction phases. Potential grant funding includes Alameda County Transportation
Commission Measure BB. At the time DUBLIN and LIVERMORE intend to proceed with
future PROJECT phases, DUBLIN and LIVERMORE shall enter into an agreement for future
PROJECT phases.
6. HOLD HARMLESS.
a. Nothing in this MOU is intended to affect the legal liability of any party by
imposing any standard of care, with respect to the work performed hereunder, different from
the standard of care imposed by law.
b. DUBLIN shall defend, hold harmless, and indemnify LIVERMORE, and its
officers, agents and employees, against any and all claims, demands, damages, costs,
expenses or liability related to or arising out of DUBLIN'S performance of this MOU, except
for liability arising out of the sole negligence or willful misconduct of LIVERMORE, or its
officers, agents or employees.
3
C. LIVERMORE shall defend, hold harmless, and indemnify DUBLIN, and its
officers, agents and employees, against any and all claims, demands, damages, costs,
expenses or liability related to or arising out of LIVERMORE'S performance of this MOU,
except for liability arising out of the sole negligence or willful misconduct of DUBLIN, or its
officers, agents or employees.
d. DUBLIN will ensure that each contract it enters into with a consultant or
contractor for work on the PROJECT requires the contractor or consultant to defend, hold
harmless, and indemnify LIVERMORE, and its officers, agents and employees, against any
and all claims, demands, damages, costs, expenses or liability related to or arising out of the
contractor's or consultant's work on the PROJECT, except for liability arising out of the sole
negligence or willful misconduct of LIVERMORE, or its officers, agents or employees.
7. TERM OF MOU. This MOU shall expire upon the completion of the tasks set forth in Section
11.2 and 11.3 of the MOU or within five (5) years of the date this MOU is fully executed,
whichever comes first.
8. MOU MODIFICATION. This MOU shall be subject to modification only with the written
consent of each party hereto. No party shall unreasonably withhold its consent to
modification for the implementation and accomplishment of the overall purpose for which
this MOU is made.
9. ACCOUNTABILITY. The parties shall provide strict accountability of any and all funds and
shall report to each other all receipts and disbursements.
10. USE OF FUNDS. Funds contributed for the PROJECT shall be used solely for the
PROJECT.
11. MOU CONSTRUCTION. The section headings and captions of this MOU are, and the
arrangement of this instrument is, for the sole convenience of the parties to this MOU. The
section headings, captions and arrangement of this instrument do not in any way affect,
limit, amplify or modify the terms and provisions of this MOU.
12. ENTIRE MOU. This MOU contains the entire understanding of the parties relating to the
subject matter of this MOU. No promise, representation, warranty or covenant not included
in this MOU has been or is relied upon by any party.
13. COUNTERPARTS. This MOU may be executed in any number of counterparts, each of
which when executed and delivered shall be deemed to be an original with all counterparts
constituting but one and the same instrument. The execution of this MOU will not become
effective until counterparts have been executed by both parties. Faxed signatures on this
MOU or any notice, consent, or amendment required under this MOU are binding.
14. NOTICES. All correspondence regarding this MOU, including invoices, payments, and
notices shall be directed to the following persons at the following addresses and facsimile
numbers, which may be changed by written notice from one party to the other:
LIVERMORE:
Bob Vinn, Assistant City Engineer
1052 S. Livermore Avenue
Livermore, CA 94550
FAX: (925) 960 -4504
Cc: City Attorney, City Engineer
DUBLIN:
Gary Huisingh, Public Works Director
100 Civic Plaza
Dublin, CA 94568
Fax: (925) 833 -6628
15. GOVERNING LAW; VENUE. This MOU will be governed and construed in accordance with
California law. The venue of any litigation arising out of this MOU will be Alameda County.
[Signatures appear on following page.]
IN WITNESS WHEREOF, the parties have each executed this MOU as of the date first
set forth above.
LIVERMORE:
By:
Marc Roberts, City Manager
APPROVED AS TO FORM:
By:
Robert Mahlowitz, Assistant City
Attorney
DUBLIN:
m
Christopher L. Foss, City Manager
APPROVED AS TO FORM:
go
John Bakker, City Attorney
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