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HomeMy WebLinkAboutItem 4.03 I-580/Fallon Rd Improv CITY CLERK File # DIralQ][O]-[9[Q AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 21,2006 SUBJECT: Approval of Freeway Agreement with Caltrans for the Improvement or the I-580/Fallon Road Freeway Interchangc Report Prepared by Melissa Morton, Public Works Director Resolution, togcthcr with bxhibit "A," Agrcement Cooperative Agreement approved on July 18, 2000 Amendment to the Cooperative Agreement approved June 1, 2004 (extension of Cooperative Agreement) RECOMMENDATION'!~doP' rewl,hoo ,,,,,,,,0, tbo F=w,y Agre_", I<"INANClAL STATEMENT: In the Cooperative Agreement for the I-580/Fallon Road Freeway Interchange Capital Improvement Program (CIP) Project approved by the City Council on July 18,2000, the City agreed to perlorm all necessary contract documentation, right-ot:way activities and construction administration, and to pay one hundred percent 0 r the construction cost or the 1-5S0/Fallon Road Interchange Improvement project. There is no additional financial impact with the approval of this Freeway Agreement with Caltrans. ATTACHMENTS: 1) 2) 3) DESCRIPTION: City Staff has been working cooperatively with Caltrans on the planning and design or the I-SSO/Fallon Road Interchange improvement project, based on the Coopcrative Agreement betwcen Caltrans and the City of Dublin approved by the City Council on July 18, 2000 The Cooperative Agreement was later amended on June 1,2004, to extend the tel1ninatlOn date. The proposed freeway interchange project will modify the existing spread diamond interchange configuration to a partial cloverleaf, widen the existing Fallon Road overcrossing to provide two lanes in each direction, and increase tramc capacity of the interchange ranlps and the ramp intersections with Fallon Road and El Charro Road. Whenever modifications are performed on any State highway that require the relocation of local strccts, construction of frontage roads and other construction atl'ecting local streets, Caltrans is rcquircd COPY TO: ITEM NO. Lt .?:> Page I of2 G:\MISCPROJ\I-5flO Fallm\ Rd\CuIlTun~\A~ Appmv!l.1 CaHriin::; Fr~wliY Agmt,doc Q.- to cntcr into a Freeway Agreement with the afTected local agency In October 1965, Caltrans entered into a Freeway Agreemcnt with Alamcda County in conjunction with the original construction of the I-S80lFallon Road interchange. At that time, Fallon Road and the surrounding areas were sItuated in the unincorporated area of Alameda County Since Dublin has subsequently allllexed Fallon Road and the northerly edge of the freeway interchange, Callrans IS now requesting that the City of Dublin enter into a Freeway Agreement In accordance with the new City boundary north of the rreeway Caltrans is also requesting that Alameda County enter into a new Freeway Agrccmcnt in accordal1cc with thc rcviscd boundary of thc unincorporated area of the County The approval of these two Freeway Agreements is required before Caltrans can issue the City of Dublin the encroachment penn1t necessary to construct the mterchange project. Under this Frccway Agreemcnt, thc City agrccs and conscnts to the closing and rclocation of City streets, construction of frontage roads al1d other local streets, and other construction affecting City streets. This language is broad in nature to insure that this agreement covers every eventuality. In point of ract, however, Fallon Road will bc rcaligncd to cxpand westward to incrcasc thc capacity of thc intcrchange and Fallon Road in the vicinity of the interchange expansion. There is no plan to close or relocate any strects as part of the project. In addition, the City agrees to accept control and maintenance over each of the relocated or rcconstructcd City strccts, cxccpt for any portion which is adopted by thc Statc. Staff has been coordinating the proposed improvements to Fallon Road with proposed development in the surrounding area, al1d therefore agrees with the proposed modifications. Staff rccommcnds that the City Council adopt the resolution approving the Freeway Agreement with Caltrans. Page 2 of2 (o.();) RESOLUTION NO. - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FREEWAY AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF DUBLIN RELATING TO THAT PORTION OF STATE HiGHWAY ROUTE 580 FROM 0.3 KM. EAST 01<' FALLON ROAD TO U.3 KM. WEST OF FALI"ON ROAD WHEREAS, Statc Highway Route 580 has been declared to be a Freeway by Resolution of the California Transportation Commission (eTe) on October 28, 1965, and WHEREAS, the plan map marked Exhibit "A" to the Freeway Agrccmcnt has bcen prepared by thc Dcpartmcnt of Transportation showing said construction as it affects the City of Dublin's streets; and WHEREAS, the State of California, through its Departmcnt ofTral1sportation, requests that the City of Dublin (by resolution) agree and consent to the c10smg and relocation of City strccts, construction of frontage roads and other local streets, and other construction arrecting City strccts, as shown on Exhibit i'A,"and WHEREAS, the City Council has considered said Frccway Agreement in full al1d is falnihar with the content thereof; NOW, THEREFORE, BE IT RESOLVED that thc City Council of the City ofDubhn approves the Freeway Agreement between the State ofCalifoDlia and the City or Dublin rclating to that portion of Statc Highway Route 580 from 0.3 km east of Fallon Road to 0.3 km west of Fallon Road. BE IT FURTHER RESOL VED that the Mayor is authoDzed to execute the agrccmcnt. PASSED, APPROVED AND ADOPTED this 21st day of February, 2006. AYES NOES. ABSENT ABSTAIN - Mayor ATTEST City Clerk g:miscproj\I-580-Fallon\Caltnms\Rcso Frct;way Agml 4, 3 Jj8-i lob ATTACIDIENT I. J of;22 04-ALA-~H() KP 2t'l 6/27.2 (PM 16.511t'l 9) In the City or Duhlin State lligh"ay Route ';SO From 0.3 km East of Fallon Road To 0.3 km West of hllon Road .FREEWAY AGREEMENT TIUS ACiRFFMENT, made and enLered inLo on LhlS day of llJ_, by and hetween Lhe ST A TF Of C <\UFORNIA adm!; hy and Lhrough thc Dcpartment of Transpowltion (herein referred to as "S1 <\ TE") and the City nf Duhhn t"h~rcin rcfcrrcd to as "CiTY"), WTTNbSFTH WHEREAS, thc highway dcscribcd above has been declared tn he a freeway by Rcsolution of the California Transportation Commission on Odober '0, 1 <)47, and WHEREAS, STATE and the County of Alameda havc cnLcred ",to a Freeway Agreement dated Oc;tober 28 19t'l) reht"'g to LhaL porLion of State Highway Routc 580 from 0.5 kilometer west of First ')treeL to 0 '; kilometer ew;l or the Tussajara Road, and WHEREAS, CITY has subscqu~nt]y incorporated and included certain <lre<lS including portions of such frer:wilY covered b~ sairi Freew<lY <\greement dated Odober 28, 1 C,h5 wIth the COllnt~ "f Alameda, and WHEREAS, a revisecl plan map for such freeways has been prepared showmg Lh~ proposed phn uf the ST <\TF as it affeds streets of the CITY, and Wf']EREAS, it is Lhe mutual ,Iesire 01 Lhe parties hereto to enter into a nlOW l'rCeWily AgreemGnt in accorclance with the revised plan of said rree"ays; NOW, THEREFORE, IJ] conslderat"H' of thL' mutual prollllscS and ,'ovcnants herein contained, the parLles agree as f"nllows. I ThIS ,\grL,cmcnt supcrsedes that portion of said rree"ay <\greemenl between thL Stat,. and the ("llLlnty of Alamcda dated October 28, I %5 from 0.3 kilometer east or Fallon Road tn 0.3 krn west of" Fallon Road and that arc withIn thc corporate limits of the City of Dublin. 2. CITY agrees and eonsenLs to the Cl0S1f1g cJf CITy strc~ts, relocation of CITY streeTS, construction of f"mnlage roads amI olher local streels, arid oLher construction affccting CITY stn'ets all at the STATE'') expense anrl "111 as shown on Lhe plan map atLadled hcr~to marked Exhihit A and made a part hereof by this referelKe , ST<\TE shall, In "'lHstructinn of the frceway and at STATE'S expense, rnake such changes affedmg CITY ,treets In accordance With the plan IIlap attachcd hereto marked Fxhibll. A. mIBIT A -t.o ik lCeso/u-t;CNI .:50+;;':/ 4 STATE agrees to aCljulre all necessary rights of way as may he required for <.:OTlslrucllon, recnnstruction or alteration 01" CITY streets, frontage roads, and other local strcets, and CITY herehy authorizcs STAfF t" aClJulIT In Its behalf all slIch neLe,sary right 01" way ') It is unclcrstood between the partlcs that the right 01" way may be acquired III scctions or units, ;Hld lhat both as to the acquiSition of rIght of way and the construction of the fre~way projccts, the ohligations of STATE hereunder shall be carTiccl out at SUch tllnc and for such LlTllt or units of the projects as funds arc budgeted and made lawfully availahle I"or .iuch expenditures o. ( ITY will accept control and maintenance ovcr each of the reloeatcd or reconsiructcd CITY streets, and the froniagc roads, and other '3T ATE constructed local streets on receipt of wnl.len Tlntlce to l'lTY from STATE that the work thereon has bCCTl completed, except for ,my porliun winch is adopted hy ST 1\ TE as a part of the freeway proper CITY will accept title to the portlOlIS of such streets lying oulslde thl freeway limits upon rehnquishment hy STATE. 7 This Agreement may bc modified at any lime by the mutllal eOTlscnt of the parties hercto, as W;lY become n~ccssary for the hest accomplishment, through ST ATE and CITY coopcration, of the whole freeway project f"r the henefit of the people of lhc STAll:: and 01" lh~ CITY H This AgreeTlll'Tlt shall take effect as of the date first herein wntten IN WlTNl::SS WHEREOF the parties heret" have causcd this Agreewenl to be executed hy thell' rcspcclive duly alllhonLcd officers. STATE OF CALH'ORNTI\ Departmcnt of Transp"rLal]()[J THE CITy OF DllBLTN By WILL I<...EMI'TON Director 0 of Transportation By JANET LOCKHART Mayor M/\RK LCJA, Chid Dcsign Engineer APPROVED AS TO FORM APPROVED AS TO FORM 1\ Uornev I State I. Atlorney (City I ., t LIMIT OF AGREEMENT / RTE 580 KP 26.6 (PM 16.5) Ii il ; 4 0 f II;;" , EXHIBIT A vl ell ........ :;::i :;I::J >-' , ::iB u '<< "'10 .... w -',~ '" << ;S!~ 'I I i )i .... e w w '" .... co 0 w ~ << z z COlliER CANYON Rd ::> - - - - - - . - .... - - - .. - - - - - .... .... .. F Fil E SMAN fi..j VERIV[ORE '~CJ ME;ER JOOC FEET TO rHACY ~ .. .. - .. .. GOLF COURSE ST A TE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 4-ALA-580 KP 26.6/27.2 (PM 16.5/16.9) FREEW A V IN THE CITY OF DUBLIN ON ROUTE 580 FROM 0.3 km (0.2 mU EAST OF FALLON ROAD TO 0.3 km (0.2 mn WEST OF F: m --..... 2~2J~O{A 't13 IT A. IN ALA tD ilte. F~~,AJrc.~ ,---- lEGEt~D _____ TO O;.j.....At~D FREE-i'iA r ':'.i.L .....l:'M~c.L T [:;.t--...=; LIMIT OF AGREEMENT RTE 580 KP 27.2 (PM DUBLIN 16.9)\ \ , / / I / / OUBUN CITY LIMITS R'~'JTE 580 , ICJ1! ~ ) ~l '1 , I I I j L_..-"---. ",I ...., ~ I~ ,.... ef51 u.::i PLEASANTON z 10 o'u >- zJ<< "" 0 eIl'W jl~ -',-' "-1<< JJ' K l-Rfo: CALD I St INTERCHANGE TO BE PA ID FOR BY CI n OF DUBLIN CROAt:: Rd ALAMEDA COUNTY L -' w , I~ oV'I1i t:1~ :!l:>-- -'It: 0,.0 ul~ ~Ig- ~Iffi <<,> ~1:J ~'" SCALE 50G I o I ~ , 1000 , 20UO 501;):) 014869 4-ALA-580 4257-257600 KP26 4/28.0 (PMI6.4/l7.4) 4257-257700 KP 27 0/29.3(PMI6.8/ 18.2) Fallon Road & Tassa,jara Road Interchange Modifications Dist. Agmt. No. 1820-C'1J86<:r Document No. ALA-l- /. I COOPERATNEAGREEMENT THIS AGREEMENT, ENTERED INTO ON J4ld B 2DOO between the STATE OF CALIFORNIA, acting by d furough its Transportation, referred to herein as 'STATE", and t is Department of CITY OF DUBLIN, a body politic and a municipal corporation of the State of California, referred to herein as 'CITY" RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within CITY. 2. CITY desires to construct State highway improvements consisting of proposed improvements widen northbound overcrossing and modity ramps at the Tassajara Road/Santa Rita Road Interchange to widen the overcrossing and modity ramps at the Fallon Road/EI Charro Road Interchanges and to construct an eastbound auxiliary lane between the two interchanges on Route 580, referred to herein as PROJECT, and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except the costs of STATE's oversight of project development and construction activities. 3. CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. 4 STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT 5. This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to PROJECT 6. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be developed, designed, constructed, fmanced and maintained. 7. In the event that the right-of~way necessary for the PROJECT that is owned by the City of Pleasant on is not transferred to the STATE prior to construction, CITY will I DUPUCf. ATTACIDIENT 2-. ljtJfJ:J District Agreement No. 4"1820-C obtain an encroachment permit from the City of Pleasanton, in order to construct the portion of PROJEC'I' located in Pleasonton's right of way All other rights-of- way necessary for the PROJECT are addressed in this Agreement CITY AGREES: SECTION I 1. To perform all necessary preliminary engineering, including environmental document (ED), plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT and bear all actual costs thereof. 2. To submit to STATE detailed Plans, Specifications and Estimate (PS&E) for review and approval. Final plans and standard special provisions shall be signed by a Civil Engineer registered in the State of Califomia. 3. Personnel who prepare the PS&E shall be available to STATE, at no cOllt to STATE, through completion of conlltruction of PROJECT to dillCUSll problems which may arise during construction and/or to make design revisions for contract change orders. 4 To make written application to STATE for necessary encroachment permits authorizing entry onto STATE's right of way to perform surveying and other investigative activities required for preparation of the Combined Project Study Report/Project Report (CPSR/PR), ED and/or PS&E. 5. Maintenance Agreement needs to be executed prior to the encroachment permit issuance. 6. To identify and locate all high and low risk underground facilities within the PROJECT area, and to protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Undenrround Facilities Within HiRhwav Rights of Way' CITY hereby acknowledges receipt of STATE's "Manual on HilZh and Low Risk UnderRround Facilities Within Highwav Rirthts of 'JiAy". All facilities not relocated or removed in advance of construction shall be identified On the PS&E for PROJECT. 7 To be responsible at CITY's expense, for the investigation of potential hazardous waste sites within and outside of the existing State highway right of way that would impact PROJECT as part of the responsibility for the ED for PROJECT. 8. CITY shall require the utility owner and/or its contractors and consultants performing any work within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said work. 9. Any hazardous material found within the area of PROJECT requiring remedy or remedial action, as dermed I Division 20, Chapter 6.8 et seq. of the Health and 2 7pfJ~ District Agreement No. 4-1820-C Safety Code, or any cultural, paleontological, anthropological, or other protected resource requiring protection shall be the responsibility of CITY, at CITY expense as part of the costs of PROJECT Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT Costs for remedy and remedial action and/ or protection shall include, but not be limited to, the identification, treatment, removal, packaging, transportation, storage, and disposal of such material. 10 CITY shall be responsible, at CITY expense, for the development of the necessary remedy and or remedial action plans and designs. Remedial actions proposed by CITY shall be pre approved by STATE and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. II If any existing public and/ or private utility facilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY policy fOT those facilities located outside of the limits of work for the State highway. Total costs of such protection, relocation or removal shall be in accordance with STATE policy and procedure. Any relocated aT new facilities shall be correctly shown and identified on the As- Built plans referred to in Article 24 of Section I of this Agreement. 12. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements have been made for the protection, relocation, or removal of all conflicting facilities within STATE's right of wa:y and that such work will be completed prior to the award of the contract to construct PROJECT or as covered in the Special Provisions for said contract. This evidence shall include a reference to all required State highway encroachment permits. 13. To perform all right of wa:y activities, including all eminent domain activities, if necessary, at no cost to STATE, in accordance with procedures acceptable to STATE, and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight to insure that the completed work is acceptable for incorporation into the State highway right of way 14 To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Wa:y Appraisal Maps with appurtenant back-up and reference data priO!' to preparation of legal descriptions and acquisition documents. 15. To advertise, award and administer the construction contract for PROJECT in accordance with requirements of the Local Agency Public Construction Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, and/or performed under encroachment permit, are covered by provisions of the Labor Code in the sarne manner as are workers employed by STATE's Contractors. CITY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. 16. To apply for necessary encroachment penuits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as 3 '6 ",f;l;L District Agreement No. 4-1820.C more specifically deCmed in Articles (3), (4), (5), (6) and (7) of Section 1lI of this Agreement. 17 In recognition that PROJECT construction work done on STATE property will not be directly funded and paid by STATE, for the purpose of protecting stop notice claimants and the interests of STATE relative to successful PROJECT completion, CITY agrees to require the construction contractor to furnish both a payment and performance bond. naming CITY as obligee with both bonds complying with the requirements set forth in Section 3-1.02 of STATE's current Standard Specifications prior to performing any PROJECT construction work. CITY shall defend, indemnify, and hold harmless STATE, its officers, and employees from all PROJECT claims under the payment Or performance bond by contractors and all claimants. 18. If CITY uses its own staff or hires another entity to perform surveys, all survey work shall conform to the methods, procedures, and requirements set forth in STATE's Surveys Manual and STATE's Staking Information Booklet. 19 Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at CITY expense, by a certified material tester acceptable to STATE. Independent asSUrance testing, specialty testing, and off. site source inspection and testing shall be performed by STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off.site inspection and testing performed by STATE whiCh is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE expense. 20. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. 21. Contract Administration procedures shall confonn to the applicable requirements set forth in STATE's Construction Manual, Local Assistance Procedures Manual, and the Encroachment Pennit for construction of PROJECT. 22. Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and PROJECf Special Provisions, and in conformance with methOds and practices specified in STATE's Construction Manual. 23. To furnish, at CITY's expense and subject to approval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If the PROJECf plans and specifications were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company The Resident Engineer shall also be independent of the construction contractor. 24. To pay one hundred percent (100%) of the actual costs of construction required for satisfactory completion of PROJECf, including changes pursuant to contract change orders concurred with by the STATE representative and any 'State- furnished material" 25. At CITY's expense, to furnish qualified support staff, subject to approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of 4 Ojol,)';; District Agreement No. 4-1820-C construction materials, checking shop drawings, preparation of estimates and reports, preparation of As-Built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified support staff shall be independent of the design .engineering company and construction contractor, =ept that the PROJECT designer may check the shop drawings, do soils foundation tests, test construction materials, and do construction surveys. 26. To make progress payments to the contractor or consultant using CITY funds and pay all costs for required staff services as described in Articles (22) and (24) of this Section I. The STATE representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. 27 Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE an original electronic file of the As-Built plans plus the microfilm and all contract records, including survey documents, and Recods of Survey ( to include monument perpetuation per the Land Surveyor Act, Section 8771). As-Built information should be delineated on a separate level in the medium cnmp...tible to MicroStation SE version, the Design Data should be on Microstation SE version 2D and 3D and Topographic Data on Microstation SE version 3D (x,y,z point description raw survey point file). Text should be one size larger, slanted and in red. Items to be revised should .be lined through or crossed out and no information should be deleted. 28. Upon completiqn of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by !he Federal Bighway Administration, if required, and conveyance of acceptable title to STATE. 29 If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY expense, to retum right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so, STATE reserves the right to fwish PROJECT or place PROJECT in satisfactory permanent operation condition. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. 30. If buried cultural, archaeological, palentological or other protected materials are encountered during construction of PROJECT, CITY shall stop work in that area, until a qualified archeologist can evaluate the nature and significance of the fwd. And a plan is approved for the removal or protection ofthat material. 31. To obtain, at CITY's expense, all necessary permits and/or agreements from appropriate regulatory agencies. All mitigation, monitoring, and/or remedial action required by said permits shall constitute part of the cost of PROJECT. 5 /0 (/+-/A District Agreement No. 4-1820-C SEctiON II STATE AGREES: 1. To provide, at no cost to CITY, oversight of PROJECT and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing of PROJEct. 2. Upon proper application by CITY, to issue, at no cost CITY, an encroachment permit to CITY authorizing entry onto STATE's right of way to perform survey and other investigative activities required for preparation of the ED and/ or PS&E. If CITY uses consultants and contractors rather than its own staff to perform required work, the consultants will also be required to obtain an encroachment permit. The permit will be issued at no cost upon proper application by the consultants. 3. To issue at no cost to utility companies, upon proper application by utility companies, the necessary encroachment permits for required utility relocation work within State right of way 4 To issue at no cost to CITY and CITY's contractors and consultants, upon proper application by CITY and by CiTY's contractors and consultants, the necessary encroachment permits for required work within State highway right of way, as more specifically defined in Articles (3), (4), (5), (6) and (7) of Section III of this Agreement. 5. To provide, at no cost to CITY's, a qualified STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety o. the preservation of p.operty and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's contractor or consultant. 6. To provide, at CITY expense, any .State-furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT SECTION III IT is MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. 2. The parties hereto will carry out PROJECT in accordance with the Scope of Work, attached and made a part of this Agreement, which outlines the specific responsibilities of the parties hereto. The attached Scope of Work may in the future be modified in writing to reflect changes in the responsibilities of the .espective parties. Such modifications shall be incorporated into this Agreement as supplements to the Scope of Work by revising the Scope of Work, provided that the revisions are approved and signed by the parties hereto or their designated sUCCesSOrs or representatives. The revised Scope of Work shall become a part of this Agreement after execution by both parties. 6 //p/;J2 District Agreement No. 4,1820-C 3 Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have been reviewed and approved by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit authorizing such work has been issued to CITY by STATE. 4. CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engineer and CITY's application shall be accompanied by five r51 sets of reduced construction plans of aforesaid STATE accepted contract plans, and five (5) sets of specifications. Receipt by CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or CITY's representative within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit. 5. CITY's construction contractor or consultant shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor or consultant for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor or consultent has payment and performance surety bonds covering construction of PROJECT. 6. CITY shall provide a right of way certification prior to the granting of said encroachment permit by STATE, to certify that legal and physical controt of rights of way were acquired in accordance with applicable State and Federal laws and regulations. 7. CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE. 8. CITY's construction contractor or consultant shall maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1.12 of State's current Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to CITY's contractor or consultant. 9 In construction of said PROJECT, representatives of CITY and STATE will cooperate and consult, and all work pursuant to PROJECT shall be accomplished according to approved plans, specifications and applicable STATE standards. Satisfaction of these requirements shall be verified by the STATE representative. The STATE representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. 10. Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defmed in STATE's Construction Manual shall 7 /:< of p:/ District Agreement No. 4.1820~C he approved by STATE in advance of performing the work. Unless otherwise directed by the STATE representative, changes authorized as provided herein will not require an encroachment pennit rider All changes shall be shown on the As- Built plans referred to Article (23) of Section I of this Agreement. ' 11 CITY shall provide a construction contract claims process acceptable to STATE and shall process any and all claims through CITY's claim process. The STATE representative will be made available to CITY to provide advice and technical input in any claim process. 12. If any unforeseen potential hazardous material sites are encountered during construction of PROJECT CITY shall confer with appropriate professionals and regulatory agencies on a Course of action. CITY may be required to stop work until the nature of the find can be evaluated and until a remedy or remedial action plan is prepared and approved. The cost for any required remedy or remedial action shall be covered as a cost of PROJECT contemplated by this Agreement, provided; however, that STATE shall be responsible for the cost of any remedy or remedial action if the contamination to be remedied arose from the intentional or negligent acts of STATE or its employees engaged in activities unrelated to the PROJECT. 13. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has detennined that within such areas as are within the limits of PROJECf and are open to public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and/ or vehicles of personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 14. All phases of PROJECT, from inception through construction, whether done by CITY or STATE. shall be developed in accordance with all policies, procedures, practices, and standards that STATE would normally follow. Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except tocal roads delegated to CITY for maintenance. STATE will maintain the entire structure below the deck surface of local road overcrossings, at STATE expense. 15 Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinbefore stated. 16. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the development, design, construction, operation, or maintenance of State highways different from the standard of care imposed by law 17. 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 8 /3~f.J:J District Agreement No. 4-1820-C Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) 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. 18. 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 from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) 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. 19 This Agreement may be tenninated or provisions contained herein may be altered, changed, or amended by mutual consent of the parties hereto. 20. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 24 Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on June 30, 2004, whichever is earlier in time; however, the ownership, operation, maintenance, liability, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. 9 STATE OF CALIFORNIA DeparttnentofTransportation JEFF MORALES Director of Transportation ~~~/ Approved as to form and procedure: ~(2P.Jff ~~;.: t of Transportati 014869 District Agreement No. 4-1820-C /~ ,,; '):2- CITY OF DUBLIN By' )jy- JrflU Mayor d- Approved as to form: t:f~ t?-:' ~~ Attorney +\"4.I\<.<'J. I,u-""" ...J. ~~....., Certified as to ~'l?g?'tiBg....t r....T"lrlfi. ~~~ lj"Dist Budget Manager Certified as to financial terms and conditions: ~/__h1(!~ H . Accounting Administrator Certified as to budgeting of funds: I hereby certifY upon my own personal knowledge that budgeted funds are available for the period and purpose of payment to the construction contractor and to qualified support staff ~~ ~ .';-~C. Fiscal Officer .- 10 15,!1f ,;';;Z District Agreement No. 4-1820-C SCOPE OF WORK This Scope of Work outlines the specific areas of responsibility for various project development activities for the proposed. 1. CITY will be the Lead AgencY for CEQA and STATE will be the State Lead AgencY for NEPA. The Federal Highway Administration (FHWA) will be the Federal Lead AgencY for NEPA. CITY will prepare the Environmental Document(s) (ED) to meet the requirements of CEQA and NEPA. The draft and fmal ED will require STATE review and approval prior to public circulation. CITY will provide all data for and prepare a draft of the Combined Project Study Report/Project Report. STATE will review and process the reports and request approval of the PROJECT and ED by the FHWA. CITY will be responsible for the public hearing process. 2. CITY and STATE concur that the proposal is a Category 3 as defmed in STATE's Project Development Procedures Manual. 3. CITY will suhmit drafts of environmental technical reports, and individual sections of the draft environmental documents to STATE, as they are developed, for review and comment. Traffic counts and projections to be used in the various reports shall be supplied by STATE if available, or by CITY Existing traffic data shall be fumished by CITY 4. STATE will review, monitor, and approve all project development reports, studies, and plans, and provide all necessary implementation activities up to but not including advertising of PROJECT. 5. STATE will prepare the revised freeway agreement and obtain approval of the new public road connection(s) from the Califomia Transportation Commission. 6. All phases of the project, from inception through construction, whether done by CITY or STATE, will be developed in accordance with all policies, procedures, practices, and standards that STATE would nonnally follow 7. Detailed steps in the project development process are attached to this Scope of Work. These Attachments are intended as a guide to STATE and CITY staff. 11 16 0 ~,~~,_ District Agreement No. 4-1820-C ATTACHMENT 1 PLANNING PHASE ACTIVITIES RESPONSIBILITY STATE CITY PROJECT ACTIVITY 1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION Establish Project Development Team (PDT) X X Approve PDT X Project Category Determination X Start and Maintain Project History File ~{ Prepare Preliminary Environmental Assessment X Identify Preli.minary Alternatives and Costs X Pregare and Suhmit FnvixonxnPnt~l Stu.dies and Reports X Review and Approve Environmental Studies and Reports X Prepare and Submit Draft Environmental Document (DED) X Review DED in District X 2. PROJECT GEOMETRICS DEVELOPMENT Apply for Encroachment Permit for Surveying on Site X Issue Encroachment Permit ~{ Prepare E~risting Traffic Analysis X Prepaze N`uture Traffic Volumes for Alternatives X Prepare Project Geometrics and Profiles X Prepaze Iayouts and Estimates for Alternatives X Prepare Operational Analysis for Alternatives X Review and Approve Project Geometrics and Operational Analysis X 3. PROJECT APPROVAL Lead Agency for Environment Compliance Certifies ED in Accordance with its Procedures X X Prepare Combined Project Study Report/Project Report (CPSR/PR) X Finalize and Submit CPSR/PR with Certified ED for Approval X Approve CPSR/PR X 12 / 70 ~~,.~. District Agreement No. 4-1820-C ATTACHMENT 2 DESIGN PHASE ACTNITIES PROJECT ACTIVITY 1. PRELIMINARY COORDINATION Request 1 - Phase EA Field Review of Site Provide Geometrics Approve Geometrics Designate a Surveying Manager and Conduct Initial SunTeys Dis~ussion wi*_t? District Staff Obtain Surveys & Aerial Mapping Obtain Copies of Assessor Maps and Other R/W Maps Obtain Copies of As-Builts Send A~prdvec~ G~~metrics to Loca~ Ag~,ncies for Review Revise Approved Geometrics if Required Approve Final Geometrics Determine. Need for Permits from Other Agencies Request Permits Initial Hydraulics Discussion with District Staff Initial Electrical Design Discussion with District Staff Initial Tr~c 8s Signing Discussion with District Staff Initial Landscape Design Discussion with District Staff Plan Sheet Format Discussion 2. ENGINEERING STUDIES AND REPORTS Prepare and Submit Survey Data Review and Approve Survey Data Prepare & Submit Materials Report and Typical Section Review and Approve Materials Report and Typical 8ection Prepare and Submit Landscaping Recommendation Review and Approve Landscaping Recommendation Prepare and Submit Hydraulic Design Studies Review and Approve Hydraulic Design Studies Prepare and Submit Bridge General Plan and Structure Type Selection Review and Approve Bridge General Plan and Structure Type Selection RESPONSIBILITY STATE CITY X X X X X X X X X X X X X X X X X X X X X X X X X - X X X X X X 13 /~ ~~'~~~,4 District Agreement No. 4-1820-C PROJECT ACTMTY 3. R/W ACQUISITION Ss UTILITIES (LTsed when qualified Local Agency is performing R/W activities) Send Geometric Base Maps to R/W staff for Ordering Title Reports Request Utility Verification Request Preliminary Utility Relocation Plans from Utilities Prepare R/ W Requirements Prepaze R/W and Utility Relocation Cost Estimates Submit R/W Requirements and Utility Relocation Plans for Review Revi~w and Cemment on R/W Rec~uirea~ents Longitudinal Encroachment Review Longitudinal Encroachment Application to District Approve Longitudinal Encroachment Application nequesfi Final Utility Relocat~an Plans Check Utility Relocation Plans Submit Utility Relocation Plans for Approval Approve Utility Relocation plans Prepare Utility Agreements Submit Final R/W Requirements for Review and Approval Fence and Excess Land Review R/W Layout Review Approve R/W Requirements Prepare and Submit R/ W Certificate of Sufficiency Review and Approve R/W Certificate of Sufficiency Perform Record and Non-record Data Search Complete Property Surveys and Begin Monumentation Prepare Retracement Record of Survey (Pre-construction) Review and Comment on Record of Survey Prepare R/W engineering Hard Copy Prepare R/W Appraisal Map Provide STATE with R/W Engineering Back-up and Reference Data Review and Accept R/W Hard Copies and Appraisal Maps Obtain Title Reports Complete Appraisals Review and Approve Appraisals for Setting Just Compensation Prepare Legal Descriptions Review and Accept Legal Descriptions . Memorandum of Settlement/ R/ W Contract Complete Acquisition Documents Review and Accept Acquisition Documents RESPONSIBILITY STATE CITY X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 14 . . l9 ef~?a. District Agreement No. 4-1820-C RESPONSIBILITY STATE CITY Acquire R/ W X - Open Escrows and Make Payments X - Obtain Resolution of Necessity X - Perform Eminent Doma.in Proceedings X Provide Displace Relocation Services X Prepare Relocation Payment Valuation X Provide Displacee Relocation Payments X Perform Property Management Activities X Perform R/ W Cleazance Activities X Prepare and Submit Certification of R/W X Review and Approve Certification of R/W X Submit Monumentation Layout for Project Monuments X Review and Approve Agreed Layout for Project Monuments X Complete New Right of Way Monumentation X ~e~oare RPCOrci of Survey (Post-construction) X Review and Comment on Record of Survey X Transfer R/W to State X - Approve and Record Title Transfer pocuments X Pr:;~are R/~V Recor3 Maps X Review and Accept R/W Record Maps X 15 .,~ . . r ~o o ~ ~~ District Agreement No. 4-1820-C PROJECT ACTIVITY 4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES Prepare and Submit Preliminary Stage Construction Plans Review Preliminary Stage Constnzction Plans Calculate and Plot Geometrics Cross-Sections 8s Earthwork Quantities Calculation Prepare and Submit BEES Estimate Put Estimate in BEES Local Review of Preliminary Drainage Plans and Sanitary Sewer and Adjustment Details Prepare and Submit Preliminary. Drainage Plans Review Preliminary Drainage Plans Prepaze Traffic Striping and Roadside Delineation Pl~ras anc~ Subxriit for Revi.ew Review Traffic Striping and Roadside Delineation Plans Prepare and Submit Landscaping and/or Erosion Control Plans Review Landscaping and/or Erosion Control Plans I'r~pare and Sub~nit DreL'.-nina.y Electri~al Plans Review Preliminary Electrical Plans Prepare and Submit Preliminary Signing Plans Review Preliminary Signing P~lans Quantity Calculations Safety Review Prepare Specifications Prepare and Submit Checked Structure Plans Review and Approve Checked Structure Plans Prepare Final Contract Plans Prepare Lane Closure Requirements Review and Approve Lane Closure Requirements Prepare and Submit Striping Plan Review and Approve Striping Plan Prepare Final Estimate Prepare and Submit Draft PSBsE Review Draft PS&E Finalize and Submit PS8sE to STATE for Approval Prepare & Submit Copy of Survey Engineer's File Review Survey Engineer's File Prepare & Submit Skeleton Plans (For use in F~ture Freeway Maintenance Agreement) Prepare 8a Submit Copy of Resident Engineer's File Prepare & Submit all Project Files & Records RESPONSIBILITY STATE CITY X X X X X X X X X X X X X x X X X X X X X X X X X X X X X X X X X X X X X 16 ~ ~ ~ ~ ~? 1 o f a~, ~ ~ ~ 04-Ala-S~3U ' V 4257-257b00 KP 26.4/28.0 (PM 16.4/ 17.4) 42S'7-257700 KP `~7.0/29.3 (PM 16.8/ 18.2) 1~allan lload & Tassajara Road ilzterchangc Madi~ieations District Agreement No. 4-1820-A2 Docurnent No, O1~$69 o~~~~~ AMENUMENT NO. 1 TO AGREEMENT THIS AMENi]MFNT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTNE ON ~~1E'_,,_ ,~ , 2004, is Uetween the STATE OF CAiJIFORNTA, acting by and through its Department of TYansportati.on, referred to herein as "STATE", and CI'TY QF DUBLIN, a body politic and a municipal coz~aration of the State of California, referred to herein ~.s "CITY°. RECITALS 1. '1`he parties hereto entered into dn Agrcement (Document No. O148b9) an July 18, zU0(), said Agreement definuig the terms and coriditions of a project ta wic~e~n the northbound overcrossittg and modify ramps at the Tass~jara Road/Santa RitR Road Iriterchange, to widen the overG~'o~sing ~nd modify ramps at the F~llots f2oad/Cl Charro Road Interchan~e, and to construct an eastbound auxiliary lane between the two intcrchanges on Route 58~, referred to hercin as "PROJECT". 2. It has been determined that PROJECT will not be con.str~uc:ted prior to the termination dAte of said Agreement. IT IS THEREFORE MU'TUALLY AGREED: 1_ Thc termination date specified in Sectioa~ til, Artiele 24 of the ariginal Agreement shall now be Decex.nt~er 31, 2010, instead of June 30, 20U4. 2. The other terms ar~d canditions of said Agreernent (Docunnent No. 014869) shall remain in full force and effect. ATTAC~I~NT 3. , y~ J ~ ~ ~- ~ ~ a~ a ~ ~ ~ .r District Agreement No. 4-1$20-A1 ~ 1 ~ V V ~ 3. This Amendment No. 1 ta Agreement is l~ereby decmed to he part of Document No. 014869. STATE QF' CALIFORNIA Department of Transport~tion TONY HARRIS Acting Directar of Transgo~rtation L ~ sy: Deputy District Director Approv~d as to form and procedure: Attorney Department of Transpartation Certified as to budgeting af funds: '~ District Budget Manag Certif"ied as to financial terma and. canditione: c nting Admiriistrator CITY QF DUBLIN Approved as to form: .~~'~ ~ ~~. Attorney 2 sy: Ma r