HomeMy WebLinkAboutItem 8.5 FrwyMaintAgmtCaltransCITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 16, 2003
SUBJECT:
Approve Replacement Freeway Maintenance Agreement with
Caltrans for Maintenance of Landscaping Located Within Caltrans
1-580 Right-of-Way
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1) Resolution, along with Replacement Freeway Maintenance
Agreement
2) Freeway Maintenance Agreement dated November 19, 2002
RECOMMENDATION:
FINANCIAL STATE~NT -'~
Adopt resolution approving the replacement Freeway Maintenance
Agreement
This replacement Freeway Maintenance Agreement will require
Dublin to maintain recently-installed landscaping on Tassajara Road
located within the Caltrans right-of-way. MCE will maintain this
new landscaping under the City's present maintenance contract.
Sufficient funds have been budgeted to maintain the landscaping in
Fiscal Year 2003-2004.
· It is estimated that the annual cost of median landscape maintenance
will be $1,500 per year, and the cost for the remainder of Fiscal
Year 2003-2004 will be $875.
DESCRIPTION: On November 24, 1999, an agreement was executed between the
City of Dublin and Caltrans which delegated Caltrans' obligation to the City to maintain landscaping in
Caltrans right-of-way along 1-580. The agreement also authorized the City to delegate, in turn, that
obligation to developers along 1-580 which were required to landscape property fronting the 1-580
freeway within Caltrans right-of-way. As required by a Condition of Approval for the Koll development,
a landscape maintenance agreement was entered into between Dublin and Koll on November 6, 2001,
which re-delegated the City's maintenance responsibility to Koll.
During construction of the I-580/Tassaj ara Road Interchange Improvement project, the City requested that
Caltrans approve the installation of the originally designed freeway landscaping. Caltrans agreed, with
the provision that a maintenance agreement be executed between Caltrans and Dublin. The City Council
subsequently approved a Freeway Maintenance Agreement with Caltrans on November 19, 2002.
COPIES TO:
G:kMISCPROJ',I-580-Tassajara\Agst Caltrans Freeway Maint Agmt-Median Landscape.doc
ITEM NO.
The City subsequently added landscaping to the Tassajara Road median located within Caltrans right-of-
way as part of the 1-580/Tassajara Road Interchange Improvement project, and Caltrans declined to
approve the 2002 Freeway Maintenance Agreement until the modification for the new proposed
landscaping could be added.
The Freeway Maintenance Agreement previously approved by the City Council in 2002 is now being
replaced with a modified agreement to add the Tassajara Road median landscaping to Dublin's
maintenance responsibility. Under the provisions of this replacement Agreement with Caltrans, Dublin
will be responsible for maintenance of the landscaping in the Tassajara Road median, and for the
landscaping along the Koll Business Center frontage, which will in turn be maintained by Koll. The
City's maintenance forces (MCE) will maintain the median landscaping, while Koll will still maintain the
landscaping along the Koll property.
Staff recommends that the City Council adopt the resolution approving the amendment to the Freeway
Maintenance Agreement with Caltrans.
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR
MAINTENANCE OF LANDSCAPING LOCATED WITHIN 1 580 RIGHT-OF-WAY
WHEREAS, on November 24, 1999, the City of Dublin entered into a Freeway Maintenance
Agreement with Caltrans by which the maintenance of the freeway landscaping adjacent to 1-580 was
delegated to the City of Dublin; and
WHEREAS, said Agreement also authorized the City to re-delegate the maintenance obligation
to other developers installing landscaping on properties fronting 1-580; and
WHEREAS, a provision of Caltrans' approval of landscaping to be installed as part of the
City's 1-580/Tassaj ara Road Interchange Improvement project was that the City enter into a Freeway
Maintenance Agreement; and
WHEREAS, to meet Caltrans' requirement, the City Council approved a Freeway Maintenance
Agreement in 2002; and
WHEREAS, the City of Dublin subsequently expanded the scope of landscaping installation in
the Tassaj ara Road median located within Caltrans right-of-way; and
WHEREAS, Caltrans declined approval of the 2002 Agreement in favor of modifying the
Freeway Maintenance Agreement to include this new median landscaping as the City's responsibility for
maintenance;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the replacement Freeway Maintenance Agreement with Caltrans, hereto attached as Exhibit "A".
BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is authorized to execute
said Agreement.
PASSED, APPROVED AND ADOPTED this 16th day of December, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into in duplicate, effective this
., day of ., 20.__., is by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
"STATE," and the City of Dublin, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, under STATE Cooperative Agreement No. 4-1820-C between STATE and
CITY, CITY will construct improvements to State Highway Route 580, a freeway within the
limits of CITY, at the Santa Rita/Tassaj ara Road Interchange, and
WHEREAS, the' parties hereto' mutually desire to clarify the division of maintenance
responsibility, upon completion of improvements and acceptance by STATE, under said
Cooperative Agreement, as to separation structures, and local CITY streets and roads, or portions
thereof, and landscaped areas lying within or outside the freeway limits.
NOW THEREFORE, IT IS AGREED:
When a planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described, which affects the
parties division of maintenance responsibility as described herein, STATE will
provide a new dated and revised Exhibit "A" which will be made a part hereof by an
amendment to this Agreement when executed by both parties, which will thereafter
supersede the 'attached original Exhibit "A" and which will then become part of this
Agreement.
2. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Any plantings or other types of roadside development lying outside of the area
· reserved for exclusive freeway use shall be maintained by CITY at CITY expense.
CITY shall also maintain, at CITY expense, landscaping within the area reserved for
freeway use as shown on Exhibit "A". CITY shall not enter said landscaped areas
within freeway limits via the freeway side unless an encroachment permit is obtained
from STATE.
An encroachment permit will be required for third parties when maintenance work is
re-delegated.
3. FACILITIES WITHIN THE CORPORATE LIMITS OF PLEASANTON
CITY shall procure and maintain in fOrce a separate authorization from
PLEASANTON to perform CITY's responsibilities assumed under this Agreement
which are located within the corporate limits of PLEASA1S_TQN~...~ ~.~._ ..ZZ,'
Ala-580-KP 27.2/29.2 (PM 16.9/18.2~'
Should CITY fail to maintain said authorization from PLEASANTON in force,
CITY, at CITY expense, shall remove the landscaping within the corporate limits of
PLEASANTON subject to maintenance under this Agreement to the satisfaction of
STATE. Thereafter CITY shall no longer perform the work, including traffic signal
system and lighting maintenance, if any, within the corporate limits of
PLEASANTON subject to this Agreement.
4. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or affect the
legal liability of either party to the contract by imposing any standard of care with
respect to the maintenance of STATE highways different from the standard of
care imposed by law.
Bo
It is understood and agreed that neither STATE nor any officer or employee
thereof is responsible for any 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 delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code section 895.4, CITY
shall defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting from anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
It is understood and agreed that neither CITY nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of anything done or
omitted to be done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed that, pursuant to Government Code section 895.4, STATE shall 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 for or on
account of injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this Agreement.
5. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Freeway Maintenance
Agreement shall not affect any pre-existing obligations of CITY to maintain
designated areas pursuant to prior written notice from STATE that work in such
areas, which CITY has agreed to maintain pursuant to the terms of the Freeway
Agreement, has been completed.
Ala-580-KP 27.2/29.2 (PM 16.9/18.~.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY of DUBLIN
Mayor
Attest:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JEFF MORALES
Director of Transportation
By
City Clerk BART DESAI Date
Deputy District Director
Maintenance
Approved as to form:
City Attorney
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Ala-580:KP 27.2/29.2 (PM 16.9/18.2)
FREEWAY MAINTENANCE AGREEMENT
c)T¢S AGREEMENT, made and entered into in duplicate, effective this
/ , day of ,_ffO'llg. O~(t-g49 , 2002_., is by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
"STATE," and the City of Dublin, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, under STATE Cooperative Agreement No. 1820-C between STATE and
CITY, CITY will construct improvements to State Highway Route 580, a freeway within the
limits of CITY, at the Santa Rita/Tassajara Road Interchange, and
WHEREAS, the parties hereto mutually desire to clarify the division of maintenance
responsibility, upon completion of improvements and acceptance by STATE, under said
Cooperative Agreement, as to separation structures, and local CITY streets and roads, or portions
thereof, and landscaped areas lying within or outside the freeway limits.
HOW THEREFORE, IT IS AGREED:
When a planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described, which affects the
parties 'division of maintenance responsibility as described herein, STATE will
provide a new dated and revised Exhibit "A" which will be made a part hereof by an
amendment to this Agreement when executed by both parties, which will thereafter
supersede the attached original Exhibit "A" and which will then become part of this
Agreement.
2. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Any plantings or other types of roadside development lying outside of the area
reserved for exclusive freeway use shall be maintained by CITY at CITY expense.
CITY shall also maintain, at CITY expense, landscaping within the area reserved for
freeway use as shown on Exhibit "A". CiTY shall not enter said landscaped areas
within freeway limits via the freeway side unless an encroachment permit is obtained
from STATE.
An encroachment permit will be required for third parties when maintenance work is
re-delegatkd.
3. LEGAL RELATIONS AND RESPONSIBILITIES:
mo
Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or affect the
legal liability of either party to the contract by imposing any standard of care with
Ala-580-KP 27.2/29.2 (PM 16.9/18.2
respect to the maintenance of STATE highways different from the standard of
care imposed by law.
Bo
It is understood and agreed that neither STATE nor any officer or employee
thereof is responsible for any 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 delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Government Code section 895.4, CITY
shall defend, indemnify and save harmless STATE and all of its officers and
employees from all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting from anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement.
It is understood and agreed that neither CITY nor any officer or employee thereof
is responsible for any damage or liability occurring by reason of anything done or
omitted to be done by STATE under or .in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is understood and
agreed that, pursuant to Government Code section 895.4, STATE shall 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 for or on
account of injuries to or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection with any
work, authority or jurisdiction delegated to STATE under this Agreement.
4. EFFECTIVE DATE
This Agreement shall be effective upon the date appearing on its face, it being
understood and agreed, however, that the execution of this Freeway Maintenance
Agreement shall not affect any pre-existing obligations of CITY to maintain
designated areas pursuant to prior written notice from STATE that work in such
areas, which CITY has agreed to maintain pursuant to the tei'ms of the Freeway
Agreement, has been completed.
Ala-580-KP 27.2/29.2 (PM 16.9/18.2)
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY of DUBLIN
Attest:
City Cle~ ~,._.
Approved as to form:
City Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
JEFF MORALES
Director of Transportation
By
BART DES AI
Deputy District Director
Maintenance
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