HomeMy WebLinkAbout4.3 - 3217 Cooperative Agreement with ACTC and Livermo
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STAFF REPORT
CITY COUNCIL
DATE: May 19, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Cooperative Agreement with the Alameda County Transportation
Commission and the City of Livermore for the Dublin Boulevard Extension
Project, CIP ST0216
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a cooperative agreement with the Alameda
County Transportation Commission and the City of Livermore to complete the final
design phase of the Dublin Boulevard Extension - Fallon Road to North Canyons
Parkway, Project No. ST0216.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Cooperative Agreement with the Alameda County
Transportation Commission and the City of Livermore for the Final Design Phase of the
Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project.
FINANCIAL IMPACT:
As approved in the 2018-2023 Capital Improvement Program, the total estimated cost of
the Dublin Boulevard Extension – Fallon Road to North Canyons Parkway is
approximately $147.4 million, of which $97.1 million is estimated as the City of Dublin
share. Through Fiscal Year 2019-2020, the City Council has appropriated funding of
approximately $7.6 million from Measure BB Grants, Traffic Impact Fees, and Road
Maintenance and Rehabilitation Account (SB-1) funds for the project. Project funding
also includes $123,000 from the City of Livermore. The final design phase will be led by
the Alameda County Transportation Commission using the currently allocated Measure
BB grant funding of $7,788,000. No additional local match funding will be required.
DESCRIPTION:
Dublin Boulevard is a major arterial roadway that crosses and connects almost the
entire City from the western city limit to Fallon Road in the east. This roadway is a key
route for transit buses, pedestrians, bicyclists, and automobiles, connecting residential,
commercial, and public uses, including two BART stations, with several acc ess points to
I-580. The Dublin Boulevard Extension – Fallon Road to North Canyons Parkway
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Project (Project) has been planned since 1984. The City of Dublin General Plan, the
General Plans of Alameda County and the City of Livermore, the Eastern Dublin
Specific Plan, the Fallon Village Supplemental Environmental Impact Report, and Plan
Bay Area 2040 all include the extension of Dublin Boulevard.
In 2016, the City of Dublin initiated the Preliminary Engineering (PE) Phase of the
Project which included the environmental review; and initial project design and cost
estimates. The City of Livermore and the City of Dublin entered into a Memorandum of
Understanding (included as part of Attachment 2) and supported the PE Phase by
contributing funding.
As part of the PE Phase, the City Council took various actions. On August 20, 2019, the
City Council adopted Resolution 89-19 amending the General Plan and the Eastern
Dublin Specific Plan and adopted Resolution 90-19 certifying the Environmental Impact
Report for the Project. On September 3, 2019 the City Council adopted Ordinance 10 -
19 establishing the Right-of-Way lines for the Project. The PE Phase is expected to be
concluded in early summer with the Caltrans approval of the Environmental Assessment
as per the National Environmental Policy Act.
On April 17, 2017, the Alameda County Transportation Commission (ACTC) allocated
Measure BB funding for the PE and the Final Design Phase of the Project. On March
28, 2019, ACTC agreed to assist Dublin and Livermore by implementing the Final
Design Phase of the Project. During the Final Design Phase, Project plans,
specifications, and estimates are completed. Right -of-Way design, appraisal and
engineering work will also be completed during the Final Design Phase. ACTC, Dublin,
and Livermore staff have prepared a Cooperative Agreement (Attachment 2) to clarify
and establish roles and responsibilities of each party for the Final Design Phase.
The draft Cooperative Agreement outlines various activities to be conducted during the
Final Design Phase and describes a process for future coordination on the Project. It
also stipulates the local support requirements from the cities of Dublin and Livermore.
Since there is no identified funding source for construction of the Project, the
Cooperative Agreement includes a commitment from all parties to provide on-going
coordination to acquire funding for the Project construction.
STRATEGIC PLAN INITIATIVE:
None
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report has been provided to the Alameda County Transportation
Commission’s Citizen Watchdog Committee.
ATTACHMENTS:
1. Resolution Approving a Cooperative Agreement with the Alameda County
Transportation Commission and the City of Livermore for the Final Design Phase of the
Dublin Blvd Extension Project
2. Exhibit A to Resolution - Cooperative Agreement
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3. CIP ST0216
RESOLUTION NO. XX- 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A COOPERATIVE AGREEMENT WITH THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION AND THE CITY OF LIVERMORE FOR THE FINAL
DESIGN PHASE OF THE DUBLIN BOULEVARD EXTENSION – FALLON ROAD TO
NORTH CANYONS PARKWAY PROJECT
WHEREAS, the Dublin Boulevard Extension – Fallon Road to North Canyons Parkway
Project is a project to connect Dublin Boulevard, in the City of Dublin, to North Canyons Parkway,
in the City of Livermore, an approximate distance of 8,300 feet (“PROJECT”); and
WHEREAS, the PROJECT is included in the City of Dublin General Plan as a four-to-six
lane roadway; and
WHEREAS, the PROJECT is included in the City of Dublin’s Eastern Dublin Traffic Impact
Fee program, which has been accumulating partial funding for the PROJECT; and
WHEREAS, the City of Dublin is completing the Preliminary Engineering Phase of the
PROJECT and the PROJECT is ready to move forward to the Final Design Phase; and
WHEREAS, the Final Design Phase is defined as the phase during which the plans,
specifications, and estimates for the PROJECT will be determined and produced ; and
WHEREAS, the Alameda County Transportation Commission, the City of Livermore, and
the City of Dublin (individually “PARTY” and collectively “PARTIES”) have been coordinating on
the PROJECT; and
WHEREAS, on March 28, 2019, the Alameda County Transportation Commission agreed
to implement the Final Design Phase of the PROJECT; and
WHEREAS, PARTIES agree to enter into a Cooperative Agreement (“AGREEMENT”) to
complete the Final Design Phase of the PROJECT; and
WHEREAS, the AGREEMENT establishes each PARTY’S responsibilities to complete
the Final Design Phase.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the AGREEMENT attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to
execute the AGREEMENT.
PASSED, APPROVED AND ADOPTED this 19th day of May, 2020 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
COOPERATIVE AGREEMENT FOR THE
DUBLIN BOULEVARD/NORTH CANYONS PARKWAY EXTENSION PROJECT’S
PS&E PHASE BETWEEN ALAMEDA COUNTY TRANSPORTATION COMMISSION,
CITY OF LIVERMORE, AND CITY OF DUBLIN
This COOPERATIVE AGREEMENT, dated as of the ___ day of ___________, 2020 (this
“AGREEMENT”), is entered into by, among, and between the Alameda County Transportation
Commission, a joint powers agency (“Alameda CTC”), the City of Livermore, a municipal
corporation (“LIVERMORE”), and the City of Dublin, a municipal corporation (“DUBLIN”).
Alameda CTC, LIVERMORE and DUBLIN are each individually referred to as a “PARTY”
and collectively referred to as the “PARTIES.”
RECITALS
A. DUBLIN proposes to extend Dublin Boulevard from its current terminus at Fallon Road
for an approximate distance of 8,300 feet to connect to North Canyons Parkway in
LIVERMORE as further defined in this AGREEMENT (“PROJECT”).
B. The PARTIES agree that the PROJECT will generally follow a horizontal alignment
parallel to I-580. The PROJECT alignment from Fallon Road to North Canyons
Parkway will traverse through an unincorporated area of Alameda County between the
jurisdictional boundaries for DUBLIN and LIVERMORE. PARTIES acknowledge that
the unincorporated area of Alameda County between the jurisdictional boundaries for
LIVERMORE and DUBLIN is outside their respective urban growth boundaries, and
that development in that area is subject to Alameda County’s land use authority and
regulations, including Measure D.
C. The PROJECT is included in the Alameda Countywide Transportation Plan and in the
Plan Bay Area 2040.
D. The PROJECT is included in DUBLIN’s Eastern Dublin Traffic Impact Fee program,
which has accumulated partial funding for the PROJECT.
E. The PROJECT is included in LIVERMORE’s Traffic Impact Fee Program, which has
accumulated partial funding for the PROJECT.
F. The PROJECT consists of the following four key implementation phases that are
defined in this AGREEMENT:
PE Phase
PS&E Phase
Right-of-Way Certification Phase
Construction Phase
G. DUBLIN is and has served as the PROJECT SPONSOR, as defined in this
AGREEMENT, for the PROJECT and is the IMPLEMENTING AGENCY, as defined in
this AGREEMENT, for the PE Phase for the Project.
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H. Alameda CTC will be the IMPLEMENTING AGENCY for the PS&E Phase, as defined
in this AGREEMENT, for the PROJECT.
I. On May 3, 2016, DUBLIN and LIVERMORE entered into a Memorandum of
Understanding (“MOU”) attached hereto as Attachment 1, to complete the PE Phase
for the PROJECT.
J. In coordination with Alameda CTC and LIVERMORE, DUBLIN is completing the PE
Phase for the PROJECT. The PE Phase has progressed successfully and is
anticipated to be completed in 2020. DUBLIN retained a consultant for the PE Phase
work (see DUBLIN City Council Resolution 161-16 attached as Attachment 2). As
provided for in section 4 of the MOU, LIVERMORE is reimbursing DUBLIN for 20% of
the consultant’s costs paid by DUBLIN for work on the PE Phase.
K. The PARTIES have secured adequate funding from various sources for the PS&E
Phase for the PROJECT.
L. Alameda CTC supports this PROJECT and on April 27, 2017, agreed to provide
Measure BB funding, staff, and resources for both the PE Phase and for the upcoming
PS&E Phase. On March 28, 2019, Alameda CTC agreed to be the IMPLEMENTING
AGENCY, as that term is defined in this AGREEMENT.
M. The PARTIES now wish to enter into this AGREEMENT to confirm their joint
commitment to the PROJECT and to establish the general terms, the various roles
and responsibilities each PARTY will perform, and actions needed to be taken to
complete the PS&E Phase of the PROJECT.
N. The PARTIES are interested in continuing to work together in good faith to define the
assignment and coordination of the various tasks and responsibilities needed to
effectuate the PS&E Phase of the PROJECT.
O. The PARTIES have not yet identified or secured funding for the Right-of-Way
Certification Phase and the Construction Phase for the PROJECT, as those phases
are defined in this AGREEMENT. Nevertheless, PARTIES desire to work in
coordination to secure local and regional funding for those remaining phases.
P. The PARTIES understand that they will need to enter into a future agreement to define
their respective roles and responsibilities related to Right-of-Way Certification Phase
and Construction Phase before that work can proceed.
AGREEMENT
NOW, THEREFORE, the PARTIES hereby agree that the aforementioned recitals are true
and correct, and further agree as follows:
SECTION I - DEFINITIONS
The following terms in this AGREEMENT shall have the following meanings:
“Alameda Countywide Transportation Plan” means the long-range policy document
approved by Alameda CTC in July 2016 that guides decisions and articulates the vision
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for Alameda County’s transportation system over a 25-year planning horizon.
“DSRSD” means the Dublin San Ramon Services District, the agency that provides
wastewater collection and treatment for DUBLIN, Pleasanton, and the southern portion of
San Ramon.
“FUTURE PROJECT PHASES” means the PS&E Phase, Right-of-Way Certification
Phase, and Construction Phase for the PROJECT, as those phases are defined herein.
“I-580” means Interstate 580.
“LOCAL SUPPORT COST” means staff and consultant costs incurred respectively by
DUBLIN and LIVERMORE to review and inspect the PROJECT plans, specification and
estimates for the PROJECT, as well as their respective fees and costs for encroachment
permits, investigations, reviews, inspections, and certifications for those portions of the
PROJECT in their respective jurisdictions.
“MATCHING FUNDS” means the monies that must be provided by grant applicants from
other sources as a condition to receive grant funds from an awarding agency.
“Measure BB” means the measure approved by Alameda County voters in November
2014 authorizing an extension of the previously approved transportation sales tax,
Measure B, and authorizing an additional ½ cent sales tax.
“Measure D” means the initiative approved by Alameda County voters approved in
November 2000, also known as “Save Agriculture and Open Space Lands Initiative.”
“Plan Bay Area 2040” means the nine-county regional transportation plan approved by the
Association of Bay Area Governments and the Metropolitan Transportation Commission
in July 2017 that guides decisions and articulates the vision for the nine-County Bay Area
region’s transportation system over a 25-year planning horizon.
“PROJECT” means the Dublin Boulevard/North Canyons Parkway Extension Project to
connect Dublin Boulevard in Dublin from its terminus at Fallon Road to North Canyons
Parkway in Livermore with an approximate distance of 8,300 feet, as shown in FIGURE 1
and detailed in Attachment 3.
“PROJECT ENVIRONMENTAL DOCUMENTS” means the documents that were prepared
during the PE PHASE, and that include the Environmental Impact Report (EIR) prepared
pursuant to the California Environmental Quality Act, and the Environmental Assessment
(EA) prepared pursuant to the requirements of National Environmental Policy Act.
“PROJECT MAINTENANCE” means all activities to maintain, repair, and replace the
PROJECT, and any parts thereof after the PROJECT is completed, which includes but is
not limited to, the following: street rehabilitation; traffic signals, street lighting, and
electrical equipment; utility costs and charges for operating electrical equipment for the
PROJECT; the Cottonwood Creek Bridge and associated structures; landscaping,
watering, weed abatement; the associated stormwater treatment and conveyance system;
and PROJECT mitigation monitoring.
“PROJECT PHASES” means the following four key phases of the PROJECT:
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“PE Phase” means the phase during which the preliminary engineering for the
PROJECT is completed, including: the completion of a traffic study to determine
the required number of travel lanes; certification and/or approval of the PROJECT
environmental documents; finalization of the PROJECT alignment; and
preparation of preliminary engineering level plans and estimates.
“PS&E Phase” means the phase during which the plans, specifications, and
estimates for the PROJECT will be determined and produced. Right-of-Way
design, appraisal and engineering work will also be completed during this phase.
The PS&E Phase scope of work to be performed by the IMPLEMENTING
AGENCY is defined in Attachment 4.
“Right-of-Way Certification Phase” means the phase during which the acquisition
and certification of land needed for the PROJECT will be performed.
“Construction Phase” means the phase during which the PROJECT will be
constructed.
“Traffic Impact Fee Program” means the respective programs in DUBLIN and
LIVERMORE for a planned approach to collect fees from new or proposed development
projects to pay for all or a portion of the costs of providing transportation infrastructure.
“Urban growth boundary” means the respective regional boundaries established for
DUBLIN and LIVERMORE to control urban sprawl, mandating that the area inside the
boundary be used for urban development and the area outside be preserved in its natural
state or used for agriculture.
SECTION II – COOPERATION ON THE PROJECT
1. PURPOSE. The purpose of this AGREEMENT is to define the PROJECT PHASES and the
respective duties and responsibilities for each PARTY to implement the PS&E Phase for the
PROJECT. This AGREEMENT is not intended to, and shall not be interpreted to, create any
specific duties or responsibilities for a PARTY that is not set forth herein or that does not
otherwise exist under the law independent from this AGREEMENT. This AGREEMENT is
intended solely for the benefit of the PARTIES and shall not be construed to create any rights
in any other persons or entities.
2. DUTIES AND RESPONSIBILITIES. The PARTIES have the following duties and
responsibilities, respectively:
a. IMPLEMENTING AGENCY. Alameda CTC is the IMPLEMENTING AGENCY for the
PROJECT during the PS&E Phase. As the IMPLEMENTING AGENCY, Alameda CTC will
implement the PROJECT and control all aspects of project management, including
selecting consultants, overseeing PARTIES’ commitments, and implementing all day-to-
day PROJECT control elements for the PS&E Phase. Prior to the completion of the PS&E
Phase, the PARTIES shall meet and confer to identify which PARTY will be the
IMPLEMENTING AGENCY for the Right-of-Way Certification Phase and the Construction
Phase for the PROJECT.
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b. PROJECT SPONSOR. DUBLIN is the PROJECT SPONSOR for the PROJECT and for
all FUTURE PROJECT PHASES for the PROJECT. As the PROJECT SPONSOR, Dublin
will coordinate the PROJECT, ensure all PROJECT activities are completed in a timely
manner by the IMPLEMENTING AGENCY (including those portions of the PROJECT
located within unincorporated area of Alameda County and LIVERMORE), and is
responsible for coordinating the work for the PROJECT and all FUTURE PROJECT
PHASES. As the PROJECT SPONSOR, DUBLIN is responsible for advocating for the
PROJECT during any future updates to the regional, state and federal planning
documents for the PROJECT. As the PROJECT SPONSOR, DUBLIN is also the PARTY
primarily responsible for finding PROJECT funding.
c. LOCAL SUPPORT COSTS. DUBLIN and LIVERMORE will fund their respective shares
of any LOCAL SUPPORT COSTS to implement the PS&E Phase for the Project.
3. ROADWAY CAPACITY. DUBLIN, in coordination with the other PARTIES, has completed a
traffic study for the PROJECT for the PROJECT ENVIRONMENTAL DOCUMENTS, and has
determined the needed capacity of ROADWAY is as follows, as shown in Figure 1 attached
to this AGREEMENT: a six-lane segment from Fallon Road to Croak Road in DUBLIN ; and,
a four-lane segment from Croak Road and through the unincorporated area of Alameda
County to North Canyons Parkway in LIVERMORE.
4. PROJECT MAINTENANCE. PARTIES acknowledge that PROJECT MAINTENANCE will be
required after the PROJECT’s completion. DUBLIN and LIVERMORE will be responsible for
PROJECT MAINTENANCE costs for those portions of the PROJECT in their respective
jurisdictions after the PROJECT is accepted as complete. Prior to the completion of the
PROJECT CONSTRUCTION PHASE, the PARTIES shall meet and confer to identify who will
be responsible for the costs to maintain that portion of the PROJECT in the unincorporated
area of Alameda County.
5. FUTURE AMENDMENT OR A NEW AGREEMENT. The PARTIES agree to meet and confer
to define the roles and responsibilities of each PARTY related to Right-of-Way Certification
Phase and the Construction Phase for the PROJECT.
6. PROJECT FUNDING AND COST SHARING. The PARTIES shall fund the PROJECT
PHASES as set forth below and as outlined in Table 1:
a. PE Phase funding has been secured and no additional funding is needed.
b. DUBLIN, as a PROJECT SPONSOR and the implementing agency for the PE phase, has
received Measure BB funding for the PE Phase and PS&E Phase through Alameda CTC’s
2018 Comprehensive Investment Plan approved on April 27, 2017, and DUBLIN shall
commit that portion of the Measure BB funding to the PS&E Phase for the PROJECT.
c. Work for right-of-way design, appraisal and engineering, as part of the PS&E Phase, will
be in support of the right-of-way identified in Dublin’s Ordinance 10-19 (Attachment 4)
including supporting easements in order to construct and operate the roadway as defined
in the PROJECT ENVIRONMENTAL DOCUMENTS.
d. Alameda CTC acknowledges that MATCHING FUNDS are not required for the PS&E
Phase of the PROJECT. Alameda CTC will be responsible to administer funds awarded
in the 2018 Comprehensive Investment Plan.
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e. Funding for the Right-of-Way Certification Phase and Construction Phase for the Project
has not been secured by the PARTIES. It is understood and agreed by the PARTIES that
additional funding is required to complete the Right-of-Way Certification Phase and
Construction Phase for the PROJECT. The PARTIES agree to work collaboratively to
pursue regional, state, and federal funding and support efforts by the PROJECT
SPONSOR and IMPLEMENTING AGENCY to secure needed PROJECT funding for
Right-of-Way Certification Phase and Construction Phase for the PROJECT.
f. DUBLIN and LIVERMORE will independently or jointly seek grant funding for the Right-
of-Way Certification Phase and Construction Phase for the PROJECT. All funding
requests will be coordinated among the PARTIES.
g. It is agreed by DUBLIN and LIVERMORE that LOCAL SUPPORT COSTS will be funded
by each jurisdiction through its own funding sources and separate from the funds already
allocated to the PROJECT.
h. The PARTIES agree that any changes to the PS&E Phase scope of work set forth in
Attachment 5 must be unanimously approved in writing by all PARTIES. If the PARTIES
agree to a change that triggers a need for additional funding beyond what is available for
the PS&E Phase costs as defined in Table 1, then the PARTIES shall meet and confer to
determine how to secure funding for those additional costs.
i. The PS&E Phase costs are associated with utility related improvements may be funded
by the respective utility company. For the purpose of this AGREEMENT, such costs are
included in the PS&E Phase cost (Table 1). The PARTIES agree that consultation with the
utility companies will be needed during the PS&E Phase. If there are any changes to the
PS&E scope of work related to utilities that results in additional costs for the PS&E Phase,
then the PARTIES shall meet and confer to determine how to secure funding for those
additional costs.
j. The PARTIES agree that DUBLIN will be responsible for negotiating the costs associated
with DSRSD services inside DUBLIN jurisdiction during the PS&E Phase and if such costs
are determined to be DSRSD’s responsibility to fund, then PS&E Phase costs in Table 1
will be reduced by the same amount without the need for an amendment to this
AGREEMENT. If the DSRSD related utility work costs exceed the PS&E Phase costs
(Table 1), then the PARTIES shall meet and confer to determine how to secure funding
for those additional costs.
k. The PARTIES agree that DUBLIN and LIVERMORE shall be responsible for any fees for
encroachment permits, investigations, reviews, inspections, and certifications for those
portions of the PROJECT in their respective jurisdictions. The PARTIES further agree to
meet and confer prior to the completion of the PROJECT CONSTRUCTION PHASE to
determine how to apportion among and between the PARTIES any fees for encroachment
permits, investigations, reviews, inspections, and certifications imposed by Alameda
County for those portions of the PROJECT in the unincorporated area of Alameda County.
7. PROJECT COST SHARING FOR LOCAL MATCH FOR RIGHT-OF-WAY CERTIFICATION
PHASE AND CONSTRUCTION PHASE FOR THE PROJECT. LIVERMORE and DUBLIN
agree that any requirements for MATCHING FUNDS associated with grant funding for the
Right-of-Way Certification Phase or the Construction Phase for the PROJECT shall be divided
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between themselves as follows: DUBLIN and LIVERMORE will split MATCHING FUND
requirements for work in the unincorporated area of Alameda County on a 50-50 basis.
DUBLIN and LIVERMORE will be responsible for MATCHING FUND requirements for work
associated with the Right-of-Way Certification Phase and Construction Phase for the
PROJECT in their respective jurisdictions. The PARTIES agree to meet and confer to
memorialize details associated with the PROJECT cost sharing for MATCHING FUND
requirements for the Right-of-Way Certification Phase and the Construction Phase for the
PROJECT.
8. HOLD HARMLESS.
a. Nothing in this AGREEMENT 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. The PARTIES agree that they shall mutually defend, hold harmless, and indemnify each
other and their respective elected and appointed officials, officers, agents, and employees,
against any and all claims, demands, damages, costs, expenses, or liability related to or
arising out of each PARTY’s own individual performance of this AGREEMENT, except for
liability arising out of the PARTY’s sole negligence or willful misconduct of DUBLIN,
LIVERMORE, and/or ALAMEDA CTC, and/or any officer, agent, or employee of the
respective PARTY.
c. Each PARTY will ensure that any contract it enters into with a consultant or contractor for
work on PROJECT requires the contractor or consultant to defend, hold harmless, and
indemnify all other PARTIES, and their 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 said PARTY, or its officers, agents, or employees.
9. TERM OF AGREEMENT. This AGREEMENT shall expire upon the completion of the PS&E
Phase, but may be terminated earlier by a written mutual consent signed by all of the
PARTIES.
10. AGREEMENT MODIFICATION. This AGREEMENT 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 AGREEMENT is made.
11. ACCOUNTABILITY. The PARTIES shall provide strict accountability of any and all funds and
shall report to each other all receipts and disbursements.
12. USE OF FUNDS. Funds contributed for the PROJECT, as shown in Table 1, shall be used
solely for the PROJECT.
13. AGREEMENT CONSTRUCTION. The section headings and captions of this AGREEMENT
are, and the arrangement of this instrument is, for the sole convenience of the PARTIES to
this AGREEMENT. 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 AGREEMENT.
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14. ENTIRE AGREEMENT. This AGREEMENT contains the entire understanding of the
PARTIES relating to the subject matter of this AGREEMENT. No promise, representation,
warranty, or covenant not included in this AGREEMENT has been or is relied upon by any
PARTY.
15. COUNTERPARTS. This AGREEMENT 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 AGREEMENT will not
become effective until counterparts have been executed by all PARTIES. Faxed or emailed
signatures on this AGREEMENT or any notice, consent, or amendment required under this
AGREEMENT are binding.
16. NOTICES. All correspondence regarding this AGREEMENT, 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:
Alameda CTC
Tess Lengyel
Executive Director
1111 Broadway, Suite 800
Oakland, CA 94607
FAX: (510) 208-7499
DUBLIN:
Andrew Russell
Public Works Director
100 Civic Plaza
Dublin, CA 94568
Fax: (925) 833-6628
LIVERMORE:
Bob Vinn
Assistant City Engineer
1052 S. Livermore Avenue
Livermore, CA 94550
FAX: (925) 960-4504
Cc: City Attorney, City Engineer
17. GOVERNING LAW; VENUE. This AGREEMENT will be governed and construed in
accordance with California law. The venue of any litigation arising out of this AGREEMENT
will be Alameda County.
[Signatures appear on following page.]
IN WITNESS WHEREOF, the parties have each executed this AGREEMENT as of the
date first set forth above.
Alameda CTC:
LIVERMORE: DUBLIN:
By:_______________________
By:______________________ By:_________________________
Tess Lengyel, Executive Director Marc Roberts, City Manager Linda Smith, City Manager
APPROVED AS TO LEGAL
FORM:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:_____________
By:______________________
By:_________________________
Wendel Rosen LLP
Legal Counsel to Alameda CTC
Jason Alcala, City Attorney
John Bakker, City Attorney
Attachments:
Figure 1 Project Location
Attachment 1 MOU between DUBLIN and LIVERMORE
Attachment 2 DUBLIN City Council Resolution 161-16
Attachment 3 PROJECT Description
Attachment 4 Dublin ROW Ordinance
Attachment 5 PS&E Phase Scope of Work
Table 1 Funding allocation Local Support Costs
Attachment 3
PROJECT DESCRIPTION
The Project would include the extension of Dublin Boulevard approximately 1.5 miles eastward
through eastern Dublin and an unincorporated portion of the Alameda County to the western
boundary of Livermore (Project).
The roadway extension would start from the current terminus of Dublin Boulevard at the Dublin
Boulevard/Fallon Road intersection in Dublin and would end at the Doolan Road/North Canyons
Parkway intersection along the boundary of the County and Livermore. This roadway extension
would provide four to six travel lanes and bicycle and pedestrian facilities (i.e., pathways,
sidewalks and bike lanes). Beginning at Fallon Road, the roadway extension would have six travel
lanes (three in each direction). Continuing eastward, the roadway extension would transition to
four travel lanes (two in each direction) before or at the intersection with Croak Road. From Croak
road to Doolan Road, the roadway extension would remain in the four lane configuration. The
permanent area required for the Project, including the roadway, sidewalks, intersections, and
land acquired for right-of-way is estimated at 29 acres. Future average daily traffic (ADT) along
the roadway extension is projected to be 17,000 to 19,000 vehicles per day. Project design
features and components include (from west to east):
Intersection improvements at Fallon Road (including modification of the signalized
intersection)
The elimination of the existing intersection of Croak Road and Fallon Road
Abandonment of a north-south (frontage road) portion of Croak Road parallel to Fallon
Road
The addition of a ”T” shaped hammerhead turnaround at the new terminus of Croak Road
adjacent to Fallon Road
Grading and earthwork northeast of the Dublin Boulevard/Fallon Road intersection,
including grading at the base of the hills to the north, and more minor grading throughout
the road alignment to meet engineering and safety requirements
Removal of overhead utility lines between Fallon Road and Croak Road
Creation of a new signalized intersection where the Dublin Boulevard extension would
cross Croak Road
Construction of a new bridge over Cottonwood Creek
Construction staging and laydown between the roadway extension and Collier Canyon
Road, along Doolan Road
Intersection improvements at the Doolan Road/North Canyons parkway intersection,
including the creation of a new, signalized eastbound approach to the intersection
The extension of underground utility lines into the Project site within the operational
footprint
Construction of the new roadway, which would include a median, inside shoulder at some
locations, vehicle travel lanes, bicycle facilities, a parkway strip, separated sidewalks and
separated Class I bike path and/or a multi-use path, street lighting, and cut/fill
embankments
Retaining walls may be used in addition to, or as an alternative to, cut/fill embankments
associated with roadway and hillside grading. If used, retaining walls would be placed
outside of the sidewalk and bicycle facility areas on either side of the roadway cross
section, within the construction footprint and within the permanent right-of-way.
Retaining walls would measure 3 feet to 10 feet in height and would generally require a
smaller area of grading or ground disturbance in comparison to cut/fill slopes.
Project layout is shown in Figure 1.
ORDINANCE NO. 10 — 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
TO ESTABLISH RIGHT-OF-WAY LINES FOR DUBLIN BOULEVARD BETWEEN
FALLON ROAD AND THE EASTERN CITY LIMIT
WHEREAS, the City Council Adopted Resolution No. 75-19 on July 16, 2019, calling for a
public hearing pursuant to the provisions of Sections 7.68.080 through 7.68.100 of the Dublin
Municipal Code on August 20, 2019, at 7:00 p.m., in the City Council Chambers, 100 Civic Plaza,
Dublin, California, to hear protests and objections to the establishment of right-of-way lines for Dublin
Boulevard between Fallon Road and the Eastern City Limit; and
WHEREAS, notice of said public hearing was duly given; and
WHEREAS, no written objections were received by the City Clerk prior to the public hearing on
August 20, 2019.
NOW, THEREFORE, the City Council of the City of.Dublin does hereby ordain as follows:
SECTION 1:
Pursuant to Dublin Municipal Code Chapter 7.68, the ultimate right-of-way lines are hereby
established for Dublin Boulevard between Fallon Road and the Eastern City Limit, according to the
Legal Descriptions, attached hereto as Exhibit A, said Exhibit herein incorporated.
SECTION 2:
Section 7.68.150 (Previously established right-of-way lines) shall be amended to include:
Dublin Boulevard from Fallon Road to the Eastern City Limit.
SECTION 3:
The effect of said right-of-way lines shall be governed by the provisions of Dublin Ordinance No. 44-
87, as amended.
SECTION 4: Effective Date and Posting of Ordinance
This Ordinance shall become effective thirty (30) days from and after its final passage and adoption
by the City Council. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government
Code of the State of California.
Ord 10-19, Adopted 9/3/2019, Item 4.6 Page 1 of 2
PASSED, APPROVED AND ADOPTED this 3rd day of September 2019, by the following vote:
AYES: Councilmembers Goel, Hernandez, and Josey
NOES:
ABSENT:Councilmember Kumagai and Mayor Haubert
ABSTAIN:
Mayor Pro Te
ATTES
0/
City Clerk
Ord 10-19, Adopted 9/3/2019, Item 4.6 Page 2 of 2
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 1 of 4
LEGAL DESCRIPTION
EXHIBIT A
PROPOSED RIGHT OF WAY OF DUBLIN BOULEVARD EXTENSION
Real property situate in the partially in the City of Dublin and partially in the unincorporated area
of the County Alameda, State of California, described as follows:
Being a portion of the lands described in that certain Grad Deed to GH PacVest, LLC, filed on
June 15, 2017 as Document No. 2017130933, a portion of the lands described in that certain
Grant Deed to GH PacVest, LLC, filed on February 24, 2017 as Document No. 2017049324, a
portion of the lands described in that certain Grant Deed to Righetti Partners, LP, filed on March
12, 1992 as Document No. 92075343, a portion of the lands described in that certain Trustee’s
Deed Upon Sale to Town and Country H Fund, LLC, filed on January 6, 2011 as Document No.
2011006014, a portion of the lands described in that certain Grant Deed to Robert D. Branaugh,
filed on December 29, 2010 as Document No. 2010391422, and a portion of the lands described
in that certain Quitclaim Deed to the Sullivan/Crosby Trust, filed on January 23, 2006 as
Document No. 2006024088 which is also described in that certain Grant Deed to Livbor-Manning
LLC, filed on April 9, 2014 in Document No. 2014087294, all of Official Records of Alameda
County, more particularly described as follows:
COMMENCING at a City of Dublin standard monument at the intersection of Fallon Road and
Dublin Boulevard, said monument lying at the northerly terminus of the monument line described
as North 0°26’33” East, 1,150.00 feet on that certain Parcel Map 8734, filed on November 22,
2006 in Book 294 of Parcel Maps at Pages 19 and 20, in the Office of the County Recorder of
Alameda County;
Thence from said city monument South 57°41’21” East, 47.28 feet to the beginning of an
Engineer’s Station Line, Station 100+00.00 for the proposed Dublin Boulevard extension;
Thence along said Engineer’s Station Line South 89°29’34” East, 93.86 feet to the beginning of a
curve to the right having a radius of 1,850.00 feet;
Thence easterly along said curve through a central angle of 0°46’20”, an arc length of 24.93 feet
to the intersection with the easterly line of Fallon Road, said point being at Engineer’s Station
101+18.79, being also the POINT OF BEGNNING of this description;
Thence along said easterly line North 2°06'44" East, 110.25 feet to the beginning of a non-tangent
curve, concave South, having a radius of 1,967.00 feet, from said point a radial line bears South
2°12'08" West;
Thence leaving said easterly line along said curve, through a central angle of 7°39'15", an arc
length of 262.77 feet to the beginning of a compound curve, having a radius of 250.00 feet, from
said point a radial line bears South 9°51'22" West;
Thence Easterly along said curve, through a central angle of 9°30'46", an arc length of 41.51 feet;
Thence South 70°37'52" East, 41.62 feet to the beginning of a curve to the left, having a radius of
375.00 feet;
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 2 of 4
Thence easterly along said curve, through a central angle of 5°57'45", an arc length of 39.02 feet
to the beginning of a reverse curve, having a radius of 1,956.00 feet, from said point a radial line
bears South 13°24'23" West;
Thence southeasterly along said curve, through a central angle of 27°03'19", an arc length of
923.63 feet to the beginning of a reverse curve, having a radius of 1,918.00 feet, from said point
a radial line bears North 40°27'42" East;
Thence easterly along said curve lying parallel and 82.00 feet northerly of said Engineer’s Station
Line, through a central angle of 40°26'03", an arc length of 1,353.55 feet;
Thence South 89°58'21" East, 17.34 feet;
Thence along a line parallel and 100.00 feet northerly of said Engineer’s Station Line North
62°23'31" East, 38.81 feet;
Thence South 89°58'21" East, 69.84 feet;
Thence South 61°48'50" East, 36.02 feet;
Thence along a line parallel and 83.00 feet northerly of said Engineer’s Station Line South
89°58'21" East, 238.02 feet to the beginning of a curve to the right, having a radius of 275.00
feet;
Thence easterly along said curve, through a central angle of 9°13'48", an arc length of 44.30 feet;
Thence South 80°44'33" East, 40.69 feet to the beginning of a curve to the left, having a radius of
225.00 feet;
Thence easterly along said curve, through a central angle of 9°13'48", an arc length of 36.25 feet;
Thence along a line parallel and 70.00 feet northerly of said Engineer’s Station Line South
89°58'21" East, 2,040.71 feet to the beginning of a curve to the right, having a radius of 3,070.00
feet;
Thence easterly along said curve, through a central angle of 24°23'10", an arc length of 1,306.65
feet;
Thence South 65°35'11" East, 360.90 feet to the beginning of a curve to the left, having a radius
of 2,230.00 feet;
Thence easterly along said curve, through a central angle of 23°54'30", an arc length of 930.53
feet;
Thence South 89°29'40" East, 259.51 feet;
Thence North 58°07'26" East, 34.80 feet to the westerly line of Doolan Road;
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 3 of 4
Thence along said westerly line South 0°25'40" West, 88.64 feet to the intersection with said
Engineer’s Station Line at Station 182+15.06, said point being also North 75°43’58” West, 25.75
feet of a City of Livermore monument at the intersection of Doolan Road and N. Canyon
Parkway as shown on that certain Parcel Map 7640, filed on June 13, 2001 in Book 256 of Maps
at Pages 81 through 84, inclusive, in the Office of the County Recorder of Alameda County;
Thence leaving said point, and continuing along said line South 0°25'40" West, 87.61 feet;
Thence leaving said westerly line North 47°57'11" West, 41.63 feet;
Thence along a line parallel and 60.00 feet southerly of said Engineer’s Station Line North
89°29'40" West, 257.98 feet to the beginning of a curve to the right, having a radius of 2,360.00
feet;
Thence westerly along said curve, through a central angle of 23°54'30", an arc length of 984.78
feet;
Thence North 65°35'11" West, 360.90 feet to the beginning of a curve to the left, having a radius
of 2,940.00 feet;
Thence westerly along said curve, through a central angle of 24°23'10", an arc length of 1,251.32
feet;
Thence North 89°58'21" West, 2,400.18 feet;
Thence South 48°02'19" West, 41.66 feet;
Thence South 0°21'44" West, 12.13 feet;
Thence along a line parallel and 100.00 feet southerly of said Engineer’s Station Line North
89°58'21" West, 74.10 feet;
Thence North 53°39'17" West, 47.28 feet;
Thence along a line parallel and 72.00 feet southerly of said Engineer’s Station Line North
89°58'21" West, 8.99 feet to the beginning of a curve to the right, having a radius of 2,072.00
feet;
Thence westerly along said curve, through a central angle of 39°57'41", an arc length of 1,445.13
feet to the beginning of a reverse curve, having a radius of 1,778.00 feet, from said point a radial
line bears South 39°59'20" West;
Thence westerly along said curve, through a central angle of 38°07'45", an arc length of 1,183.23
feet;
Thence South 49°17'04" West, 39.49 feet to the easterly line of Fallon Road;
Thence along said easterly line North 2°06'44" East, 106.39 feet to the POINT OF
BEGINNING.
Containing an area of 26.365 acres, more or less.
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
May 30, 2019
BKF Job No: 20167083
Page 4 of 4
END OF DESCRIPTION
As shown on plat attached hereto and by this reference made part hereof as Exhibit B.
For: BKF Engineers
Davis Thresh, P.L.S. No. 6868
5/30/2019
Dated
FALLONROADDOOLANROADI-
580CROAK
ROAD2
3 4 5 6
7
8 9
10
11
S
YE
VR
U RONAEDL
CEN
SLID
AINROFIACFO
E
TT
FALLON ROAD
DUBLIN BLVD1"=
1"=100'
1"=100'
CROAK ROAD
1"=100'
1"=100'
1"=100'
1"=100'
1"=100'
1"=100'
DOOLAN ROAD
N. CANYONS
Attachment 5 – Scope of Work for Dublin Boulevard / North Canyons Parkway
Extension
PS&E Development
Construction Documents (Based on Plan Line Study and Field survey of conditions)
o 35% (Initial), 65% (Draft), 95% (Final)
Estimate
Specifications at 65% & 95%
Include Modifications at North Canyon Parkway/ Airway Boulevard and Signal Retiming
at I-580/Isabel (SR 84) Interchange
o Bridge over Cottonwood Creek
General Plan
Foundation Plan
Structural Plans
Structural Estimate
Structural Specifications
Structure Hydraulics Report
Structure Foundation Report
Coordination with Caltrans Bridge group
o Hydraulic Study
Hydraulic Report
Storm Water Data Report Equivalent to comply with RWQCB
Requirements per Section C3 Wildlife Exclusionary Limit
evaluation
o Stage Construction/Traffic Handling
Traffic Management Plan
o Geotechnical and Materials Studies
Geotechnical Report
Pavement & Material Report
Hazardous Materials and soil classification for disposal if off haul
Aerially Deposited Lead
o Landscape Architecture
Planting
Irrigation
Application for Service (DSRSD)
o Electrical
Traffic Signal
Dublin / Fallon
Dublin / Croak
North Canyons / Doolan
Lighting
Application for Service (PG&E)
Utility Design & Relocation (To Be Incorporated into the CDs)
o DSRSD Sewer
o DSRSD Water
o DSRSD Reclaimed Water
o PG&E Gas and Electric
o AT&T Telecommunication
o Comcast / Level 3 Fiber Optic
R/W Engineering
Right-Of-Way (ROW) Boundary (ROW, Construction Easements, Drainage Easements,
Grading Easements, Public Use Easements and Environmental Site Assessment for phase
I & II
Plat Maps for Appraisal & Acquisition
Legal Descriptions for Appraisal & Acquisition
ROW Monumentation Documents
Project Coordination
Meetings with Property Owners on Design Features
Caltrans Encroachment Permit for improvements w/in CT R/W
Alameda County PWA Encroachment Permit Fees
Optional Services (Assuming Full Funding)
100% Bid Package bid support, addendums, conformed set, CA services, construction staking,
establish Temporary Benchmarks for construction
401 Permit wildlife monitoring during construction, pre-disturbance surveys, Env. permit
reporting
404 Permit
1602 Permit
Incidental Take Permit
PS&E Phase Right of Way Phase Construction Phase Total
$7,788,000.00 $46,198,017.00 $104,042,022.00 $158,028,039.00
Jurisdiction Fund Source PS&E Dublin (LOCAL SUPPORT COST)Livermore (LOCAL SUPPORT COST)Total
Alameda CTC Measure BB $7,248,060.00 $7,248,060.00
Fed Earmark $539,940.00 $539,940.00
Dublin TIF $300,000.00 $300,000.00
Livermore TIF $200,000.00 $200,000.00
Total $7,788,000.00 $300,000.00 $200,000.00 $8,288,000.00
$149,740,039.00
Current Phase
Project Costs by Phase
TABLE 1
Project Spending (PS&E Phase Only)
Unfunded cost allocation for FUTURE PROJECT PHASES - To be determined based on the availability of local, regional, and Federal funding
FUTURE PHASE FUTURE PHASE
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