HomeMy WebLinkAboutItem 4.6 AmdAgmntCltrnsHacndaIC (2)CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 25, 1991
SUBJECT:
Amendment to Agreement with Caltrans for Hacienda
Interchange I580
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1)
2)
3)
5)
Resolution, including revised Exhibit A
Original agreement dated 6/12/89
Letter from Caltrans
Letter from FHWA
Copy of escrow instructions
RECOMMENDATION:
Adopt resolution amending agreement and direct City Clerk to
forward two certified copies to Caltrans.
FINANCIAL STATEMENT: None associated with amendment to agreement.
DESCRIPTION: In June of 1989, the City Council approved a Freeway
Agreement with Caltrans which pertained to construction of the Hacienda Drive
Interchange and its related improvements.
One of the requirements that Caltrans had included in the original agreement was
that the Hacienda Interchange could not be opened until a frontage road parallel to
1-580 was constructed on the north (Dublin) side of the freeway.
Subsequent to the signing of the original agreement, the State allowed the Hacienda
Interchange to open prior to construction of the frontage road provided that certain
signing and striping improvements were made and approved by Caltrans and that an
escrow account was opened to cover the cost of construction of the parallel road
from Dougherty Road to Tassajara Road and the connector to the Hacienda Drive
Extension.
The escrow account has been opened by the City of Pleasanton, as noted in the escrow
instructions, Exhibit 5. This escrow account only serves to indicate that there are
monies available for the construction. It is not intended to protect Dublin against
Pleasanton's failing to perform the work, as there is an escape clause in the escrow
instructions that Pleasanton will get the money back if the project has not
proceeded after June 1, 1992. Dublin's recourse is to enforce the existing
Dublin/Alameda County/Pleasanton agreement, and Caltrans' recourse is to require
closure of the Hacienda Interchange.
Construction of the Extension of Dublin Boulevard (from Dougherty Road to the SPRR
as a Dublin Capital Improvement Project and from the SPRR to Tassajara Road as a
Pleasanton project) is presently proposed to take place beginning in approximately
March or April of 1992.
Although the Hacienda Interchange has already opened, the State has requested that
the amendment to the agreement be approved by the City Council. This can be
accomplished pursuant to Section 8 of the 1989 agreement which states that the
agreement may be amended by mutual consent of the parties. Staff recommends that
the City Council adopt the resolution approving the amendment.
a:(corres)~nov~agstfwy
CITY CLERK
I "l loloH-'
George Homolka, Pleasanton
RESOLUTION NO. -91
A RESOLI~TION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT TO THE FREEWAY AGREEMENT BETWEEN
STATE OF CALIFORNIA AND THE CITY OF DUBLIN DATED JUNE 12, 1989,
RELATING TO THAT PORTION OF STATE HIGHWAY ROUTE 580
FROM TASSAJARA ROAD TO 0.1 MILE WEST OF DOUGHERTY ROAD
WHEREAS, the State of California and the City of Dublin have entered
into a Freeway Agreement dated June 12 ,1989, relating to that portion of State
Highway Route 580 from Tassajara Road to 0.1 mile west of Dougherty Road~ and
WHEREAS, due to favorable weather and efficient construction, the
construction of the Hacienda Drive Interchange was completed ahead of contract
schedule~ and
WHEREAS, said Freeway Agreement has stipulated that the Hacienda Drive
Interchange may not be opened for traffic until (1) streets and roads are developed
for local traffic circulation on the north side of 1-580 for the purpose of
connecting Dublin Boulevard with Tassajara/Santa Rita Road, and (2) Hacienda Drive
is constructed and opened to public traffic between the Hacienda Interchange and
Dublin Boulevard (or equivalent); and
WHEREAS, according to the present schedule of construction, Hacienda
Drive from Hacienda Interchange to Dublin Boulevard (or equivalent) will be
completed by October of 1992, and the streets and roads developed for local traffic
circulation on the north side of 1-580 for the purpose of connecting Dublin
Boulevard with Tassajara/Santa Rita Road will be completed by October of 1992, due
to the delay of right-of-way acquisition; and
WHEREAS, it is necessary to amend said Freeway Agreement so that the
Hacienda Drive interchange can be opened for traffic prior to the completion of
construction of the Hacienda Drive extension to Dublin Boulevard Extension as
required by said Freeway Agreement; and
WHEREAS, the early opening of the Hacienda Drive Interchange is
beneficial to the freeway traffic and relieve the traffic congestion in the
surrounding areas; and
WHEREAS, the Federal Highway Administration (FHWA) by letter of May 17,
1991, to Caltrans has concurred with the early opening of said Interchange subject
to the following:
1. Adequate signing and striping of the interchange as approved by
Caltrans pending completion of the road system to the north.
Establishment of an escrow account to cover the cost of the
construction of a parallel road in Dublin from Dougherty Road to
Tassajara Road and extension of Hacienda Drive north to the
parallel road.
WHEREAS, the plan map attached hereto marked Revised Exhibit A has been
prepared by the Department of Transportation showing the amendment to said Freeway
Agreement by removing the notation at Hacienda Drive Interchange conditioning the
opening of said Interchange for traffic prior to the completion of construction of
the Hacienda Drive extension to Dublin Boulevard Extension as required by said
Freeway Agreement; and
WHEREAS, the State of California, through its Department of
Transportation, requests that the City approve by Resolution said amendment as shown
on the attached map marked Revised Exhibit A and said conditions as stated in the
letter dated May 17, 1991, from FHWA to Caltrans and further consentm ~o said
amendment; and
WHEREAS, said amendment and conditions have been reviewed and approved
by the City's Public Works Director;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin hereby approves the amendment to said Freeway Agreement dated June 12, 1989,
to remove the notation shown on Exhibit A map at Hacienda Drive Interchange and the
said conditions as stated in the letter dated May 17, 1991, from FHWA to Caltrans so
that the Hacienda Drive Interchange is opened for traffic prior to the completion of
construction of the Hacienda Drive extension to Dublin Boulevard Extension as
required by said Freeway Agreement.
PASSED, APPROVED AND ADOPTED this 25th day of November, 1991.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
a:(corres)~nov~resofwy
REVISED EXHIBIT A
LEGEND
FREEWAY AND
CONNECTIONS
RIGHT OF WAY AND
CONSTRUCTION BY
OTHERS
PLEASANTON
T'E 580
City Limits
To Oak/and
DUBLIN
Attachment to Resolution No
Amendment to Freeway Agreement
Between State of California
And City of Dublin
Doted June 12, 1989
Scale in-Feet
0 400 800
04-Ala-580-P.M. 17.9/20.0
In the City of Dublin
from Tassajara Road to
0.i mile west of Dougherty Road
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this l~ ~
day of .~ , 19~$ by and between the STATE OF
CA~.IFORNIA, acting by and through the Department of Transportation
(herein referred to as "STATE"), and the City of Dublin (herein
referred to as "CITY"),
WITNESSETH:
WHEREAS, the highway described above has been declared to be
a freeway by Resolutions of the California Highway Commission on
October 30, 1947; and December 15, 1949; and
WHEREAS, STATE and the County of Alameda have entered into a
Freeway Agreement dated February 15, 1965, and a Supplemental
Freeway Agreement dated April 24, 1967, relating to that portion
of State Highway Route 580 from 0.3 mile east of Tassajara Road to
0.7 mile west of Hopyard Road; and
WH~RE'AS, CITY has subsequently annexed certain areas
including portions of such freeway covered by said Freeway
Agreement and Supplemental Freeway Agreement with the £oun~y of
Alameda dated February 15, 1966 and April 24, 1967; and
WHEREAS, a revised plan map for such free~.~ay has been
prepared showing the proposed plan of the STATE as it affects
street of the CITY; and
WHEREAS, it is the mutual desire of the parties hereto to
enter into a new Freeway Agreement in accordance with the revised
plan of said freeway;
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes that portion of said Freeway
Agreement dated February 15, 1966, and Supplemental Freeway
Agreement dated April 24, 1967, from Tassajara Road to 0.1 mile
west of Dougherty Road.
2. CITY agrees and consents to the closing of CITY
streets, relocation of CITY streets, construction of frontage
road and other local roads, and other construction affecting
CITY streets, all as shown on said plan map attached hereto marked
Exhibit A, and made a part hereof by this reference.
3. STATE in the construction of said freeway wil!, at
STATE's expense, make such changes affecting CITY streets in
accordance with the plan map attached hereto marked Exhibi~ A,
except that at Tassajara Road and Hacienda Drive the construction
cost for the interchange modification and the new interchange and
the auxiliary lanes extending west to Routes 680/580 interchange
shall be borne .by locally obtained funds.
4. STATE agrees to acquire all necessary right of way as
may be required for construction, reconstruction, or alteration of
CITY streets, frontage roads, and other local roads, and CITY
hereby authorizes STATE to acquire in its behalf al! such
necessary right of way, except that the cost of right of way
required to improve and construct the interchanges at Tassajara
Road and Hacienda Drive and the auxiliary lanes extending west to
Routes 680/580 interchange shall be borne by locally obtai~ed
funds.
5. That the right of way may be acquired in sections or
units, and that both as to the acquisition of right of way and the
construction of the freeway project, the obligations of STATE
hereunder shall be carried out at such time and for such unit or
units of the project as funds are budgeted and made !awf~tly
available for such expenditures.
6. T~at the Hacienda Drive Interchange may not be opened
for traffic until (1) streets and roads are developed for local
traffic circulation on the north side of 1-550 for the purpose of
connecting Dublin Boulevard with Tassajara/Santa Rita Road, and
(2) Hacienda Drive is constructed and opened to public traffic
between the Hacienda Interchange and Dublin Boulevard (or
equivalent). Both Dublin Boulevard (or equivalent) and Hacienda
.Srive shall initially contain at least one traffic lane in each
direction and shall reserve sufficient r'ight of way to permit
future expansion to accommodate planned growth.
7. CITY will accept control and maintenance over each of
the relocated or reconstructed CITY streets, and the frontage
roads, and other STATE constructed local roads on receipt of
written notice to CITY from STATE that the work thereon has been
completed, except for any portion which is adopted by STATE as a
part of the freeway proper. CITY will accept title to the
portions of such roads lying outside the freeway limits, upon
relinquishment by STATE.
8. This Agreement may be modified at any time by the mutual
consent of the parties hereto, as may become necessary for the
best accomplishment, through STATE and CITY cooperation, of tl~e
whole freeway project for the benefit of the people of the STATE
and of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective duly authorized
officers.
STATE OF CA'_IFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
~hief, (~ffice o_f Project Planning
and Design
APPROVED AS TO FOR,',~:
~torn~y (State)~
THE CITY OF DUBLIN
APPROVED AS TO FORM:
~.~.~.~ Attorney (City)
EXHIBIT A
Agreement date
June 12, 1989
LEGEND
FREEWAY AND CONNECTIONS
RIGHT OF WAY AND CONS.TRUCTION
BY OTHERS
STATE OF
DEPARTMENT OF
04-Ala-580-PM 17.9 TO
CALIFORNIA
TRANSPORTATION
PM 20,0
FREEWAY
0.1
IN THE CITY OF DUBLIN
FROM
TASSAdARA ROAD
TO
MILE WEST OF DOUGHERTY
ROAD
0
Scale in Feet
400 800
1200
LIMIT
OF AGREEMENT
PM 17.9
COUNTY D U B L I N
, '~
S A
:iendo Dr l?C may not be
~ened until Local Rood System
the northside of Route 1-580
is completed to provide occe$$
between Hociend~ Dr I/C and
Dougl~erfy Rood ond
Rood.
N T
0 N
~ DR
C/'fy
L/ml'ts~ --
E~ Construct,'on by
SANTON
LIMIT OF AGRE
P M 20.0
~T
DUBLIN
STATE OF CALIFORNIA--BUSINESS, TRANSPC 3N AND HO~SING AGENCY PETE WILSON,
DEPARTMENT OF TRANSPORTATION
BOX 7310
SAN FRANCISCO, CA 9412~...
(415) 923-4~. 't 4
June 11, 1991
04-Ala-580-PM i7.9/R20.5
04186-115931
Mr. Richard C. ~brose
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Ambrose:
Attached for your review is a suggested Resolution to amend
the current Freeway Asreement dated June 12, 1989, relating to
that portion of State Highway Route 580 from Tassajara Road to
0.1 mile west of Douyherty Road.
This Resolution of Change has been prepared to cover the
removal of notation on the Freeway Agreement map at Hacienda
Drive Interchange allowing the Interchange to be opened for
-traffic'in June, 1991, prior to the completion of construction of
the Hacienda Drive extension to Dublin Boulevard Extension as
required by the Freeway Agreement.
Please note that FP~A by letter of May 17, 1991 has
concurred with the early openinw of the Hacienda Drive
Interchange subject to the following conditions, copy at%ached:
!. Adequate signing and striping of the interchange
as proposed pending completion of the road system
to the north.
2. Establishment cf an escrow account to cover the
cost of the construction of a parallel road in
Dublin from Douwherty Road to Tassajara Road and
extension of Hacienda Drive north to the parallel
road.
Mr. Richard C. ~Ambrose
Pa~e 2
June 11, 1991
If the attached Resolution meets with your approval, please
process it for the City Council's action at its next regular
meetin~ and re%urn two certified copies of the approved
Resolution to this office.
If you have any questions regarding this matter, please call
Rubin Woo at (415) 923-4339.
Sincerely yours'~
PRESTON W. KELLEY
District Director
LINCOLN CHU
Deputy District Director
Attachment
U.S. DEPAI{TM]51~-f OF Tt~E~SPORTA~ON
FEDEKAL }iIGI-i~A.Y AD1VENIST'KATiON .
REGION NINE
r. ALI FORNIA DIVISION
p.o. Box 1915
Sacramento, California 95812-1915
~P, INIA
NEVADA
HAW~4I
GUAM
A.M~ SA.MCA
N. k~A!=JANA IS.
May 17, 1991
F,_r. Preston W. Kelley, Director
C~_LTRA_NS, District 04
P.O. Box 7310
San Francisco, California 94120
-5so-1( )
4-Ala-580 18.2) 19.7
Hacienda Drive IC
Attention: Mr. Lincoln Chu
Dear Mr. Kelley:
We have reviewed your May 3, 1991 letter regarding the opening of
the Hacienda Drive Interchange.
We concur with your proposal to open the interchange i~ediate!y
following completion of construction, subject to the following
conditions as outlined in your letter:
Adequate signing and striping of the inter6hange as you
proposed pending ccm~!etien of the road system to.the
north.
Establishment of an escrow account to cover the cost of
the construction of a parallel road in Dublin from
Dougherty Road to Tassajara ~oad and extension of
Hacienda Drive north to the parallel road.
If you have any questions please contact Lee Onstott at
(916) 551-1314.
Sincerely yours,
For
Lyle P. Renz
Acting Division Administrator
ESCROW AGRER~RNT
This Escrow Agreement entered into on
19 , by and between the BA~iK OF A~.~iCA,--~reinafter referred
to ~s Escro'~ Agar, ~d ~e Ci~ OF p~~oN, here~after
referred to as
W~P~, by .sep~te ~e~ent, Pleas~ton has a~eed
desi~ and const~ct a ~o-l~e road; and
~R~s, ~.ough desi~ of ~s road has be~ actual
const~ion has not st~ed at tb~s t~e; ~d
...... ~e Fede~i 5~ gh~y A~nist~tion has
~hat ......... . . ·
s~ of $3.5 ~l!ion, wn~ca s~ ~s ~e est~atad cost of
cons~ct~g ~e road; ~d
~As, Escrow Agent ham indicated ~t it is willing,
is cap~!e, to hol~ ~d invest thee ~ds for p!eas~ton.
provided here~.
NOW, ~F0~ for ~e consid~tion ~ereinafter set fo~,
Escrow Agent ~ cit~ a~ee as follows:
1. city-shall deposit with.Escrow' Agent tb.e sum of $3.5
million.
2. ESCROW Agent sh~!! invest the funds .in those securities
ider~tified in california Government code, 53601, as that section
may be a~ended from t~e to time; -to that end, Escrow Agent may
accept and act upon the oral instructions of Susan Rossi, Finance
Director of Pleas~nton, as to the investment of the funds held in
escrow.
3. Upon the Ci~-'s letting of a construction contract for
~he two !~_ne road,, or on 'June 1, 1992, whichever oc~lrs earlier,
Escrow Agent shall release the funds, plus ~nY interest earned
thareon, to p!easanton. Pleas~nton shall notify the Escrow' Agent
in ~ritLng when the construction contract is let.
. ..4.; The c~nera! Provisions set forth on the ~ttached
Ew~ "A" ~_re incorporated herein by reference.
~scrow Agreement
June 3, 199!
~age Two
in witness whereof~ the pa_~ties hereuo have caused the
Agreement to be d~ly executed by their proper officers on the day
and-year set out
CITY OF PT.~.ASANTON
D~BoRA~- A. ACOSTA, City l~an~ger
BAh-K OF D/W2ERICA