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HomeMy WebLinkAboutItem 4.05 LAVTA Bus ShelterG~~~ OF DUe~~ ~9\~~~~~ O`ILIFOR~~ STAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # ^®®®-~© DATE: November 17, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Approval of Bus Shelter Encroachment and Maintenance Agreement with Livermore Amador Valley Transit Authority (LAVTA) Prepared By: Melissa Morton, Public Works Director EXECUTIVE SUMMARY: The City Council will consider entering into an agreement with the Livermore Amador Valley Transit Authority (LAVTA) that defines the encroachment and maintenance responsibilities for both parties in operating and maintaining bus stops and bus shelters within the City of Dublin. FINANCIAL IMPACT: There is no financial impact to the City of Dublin. All costs for bus stop maintenance will be the responsibility of Livermore Amador Valley Transit Authority (LAVTA.) RECOMMENDATION: Adopt the Resolution Approving the Bus Shelter Encroachment and Maintenance Agreement between the Livermore Amador Valley Transit Authority and the City of Dublin. Submitted By Public Works Director Revie By Assistant City Manager Page 1 of 2 ITEM NO. •~ r~ DESCRIPTION: At the May 5, 2009, City Council meeting, Staff presented afollow-up presentation regarding the Bus Rapid Transit Project and the operational and design guidelines used for the project (Attachment 1). The Staff Report stated that an agreement for the maintenance of bus stops in the City of Dublin would come before the City Council at a future date. The Bus Shelter Encroachment and Maintenance Agreement (Exhibit "A" to Attachment 2) prescribes that the Livermore Amador Valley Transit Authority (LAVTA) will operate and maintain all existing and new bus stops and shelters. Maintenance shall be performed as frequently as reasonably necessary to maintain the Project Facilities in a neat and attractive condition. The Agreement also provides remedies where the City may perform such maintenance at LAVTA's expense if the City's concerns have not been addressed within thirty (30) days. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing for the Bus Rapid Transit (BRT) program has been extensive, including individual notification to businesses and residences that will be adjacent to new or relocated stops. All other bus stops are existing, and the Agreement serves to memorialize continued maintenance and operation for these locations. cc: Paul Matsuoka, Executive Director, LAVTA ATTACHMENTS: 1. May 5, 2009, City Council Staff Report on Bus Rapid Transit Project (without Attachments) 2. Resolution Approving the Bus Shelter Encroachment and Maintenance Agreement Between the Livermore Amador Valley Transit Authority and the City of Dublin, together with Exhibit "A," Agreement G:\TRANSPORTATION\Local Traffic\Transit\Staff Report bus shelter agmt 111709.doc Page 2 of 2 ~~ ~~ -; -~ ~~~ CITY CLERK File #^^~Q-^O ~ ~ ~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: May S, 2009 SUBJECT: Follow-up Presentation of the Livermore Amador Valley Transit Authority's Bus Rapid Transit (BRT) Project Report Prepared by: Jaimee Bourgeois, Sr Civil Engineer (Traffic) and John Hartnett, Heritage & Cultural Arts Manager ATTACHMENTS: (1) August 19, 2008, Staff Report, excluding attachments (2) Excerpt from August 19, 2008, City Council Meeting Minutes (3) Route Map (4) Basic Stop and Standard Stop Layouts and Amenities (5) Photograph of Existing Art Bus Shelters (6) Proposed New Locations for Existing Art Bus Shelters (7) Dublin Public Outreach Contact List (8) Powerpoint Presentation to be presented at Council Meeting by LAVTA's Consultant RECOMMENDATION: Staff recommends that the City Council receive the presentation from Staff and LAVTA's consultant and direct Staff to (1) coordinate with LAVTA to relocate the Art Bus Shelters from Dublin Boulevard to Village Parkway (Preferred Option) or Amador Valley Boulevard/Regional Street (Second Option); (2) discontinue or defer the Downtown Public ArtJBus Shelter Project CIP #94252; and (3) grant LAVTA a variance for the bench and receptacle color from the green identified in the Streetscape Master Plan to silver to maintain consistency with the RAPID branding. FINANCIAL STATEMENT: Additional Staff time is required to meet with LAVTA representatives to finalize design and implementation of the project. There are no additional costs associated with the project. COPY TO: Joseph Rye, LAVTA Dan Blomquist, Kimley-Horn and. Associates 1 ~m ~ ~ ~ ~ 1 ` I ~-~' ~ Page 1 of 7 ATTAC~N'~ I n..Tn •~m~nm~m~~»n__t___n^ •~rr~ nnm___. nnm r_u _..___a., ., a ~- ~~ DESCRIPTION: On August 19, 2008, Staff introduced to the City Council the concept of Livermore Amador Valley Transit Authority's (LAVTA's) Bus Rapid Transit Project. Attachments 1 and 2 include the Staff Report (excluding attachments) and meeting minutes from the August 19, 2008, City Council meeting. The Project, referred to as RAPID, would run a similaz route to LAVTA's existing Route 10 but would offer more direct and efficient service between Livermore, the East Dublin/Pleasanton BART station and the Stoneridge Mall. Efficiencies would be achieved by following a shorter route, using transit signal priority (TSP), and increasing spacing between stops. The buses would run more frequently, thus reducing passenger waiting times. New buses would be purchased and used for the service, offering a more comfortable ride, and real-time information signs displaying the arrival time of the next bus would further enhance the passenger experience. Staff also presented to the City Council the proposed bus stop locations and the proposed bus stop amenities for Basic and Standard stops, as well as introduced several issues that would require further coordination between LAVTA and the City. Those issues included a maintenance agreement, bus stop layouts, relocations of the existing ART Bus Shelters, and public outreach. The purpose of this report is to reintroduce the RAPID project to the City Council and to follow up on unresolved issues. Following a brief overview of RAPID, each issue is discussed below. RAPID Overview On August 4, 2008, the Livermore Amador Valley Transit Authority (LAVTA) Board, including then Mayor Lockhart and then Councilmember Hildenbrand, approved the Draft Operations and Capital Plan Report for the Route 10 Rapid Bus Program Deployment (dated July 15, 2008). Planning efforts for the project began in 2005 based on the concept that such a service could help mitigate the impacts of the I-580 Widening Project. With an initial plan to run the service between Lawrence Livermore National Laboratory, Downtown Livermore, Downtown Pleasanton, and the East Dublin/Pleasanton BART station, the route was modified eazlier this yeaz to exclude Downtown Pleasanton. The modified route would enter the City of Dublin via Fallon Road, travel westerly via Dublin Boulevazd to San Ramon Road with a diversion to the East Dublin/Pleasanton BART station, and continue into Pleasanton via San Ramon Road to the Stoneridge Mall and the West DublinlPleasanton BART station. The bus would then return to Livermore via the same but reversed route. Attachment 3 includes the RAPID route map within Dublin. LAVTA's existing Route 10 travels between Lawrence Livermore National Laboratory, Downtown Livermore and the Livermore Transit Center, Downtown Pleasanton, and the East Dublin/Pleasanton BART station, and then continues via Dublin Boulevard to San Ramon Road and into Pleasanton to the Stoneridge Mall. The existing headways within Dublin are 15 minutes during the peak periods and 30 minutes during the non-peak periods. Elements of the RAPID service that improve efficiency over existing Route 10 service include: • Faster and more reliable service with a reduced route length, use of transit signal priority (TSP) and queue jumping technology, and increased stop spacing, resulting in a 20% reduction in the end-to-end travel time; Page 2 of 7 • More frequent service with buses operating every 10 minutes during peak hours reducing passenger waiting time. Off-peak headways would be limited to every 15 minutes; ? p ~ • More enjoyable service with new buses that are smoother, quieter and with more comforts le seats; and • Better information through the use of real-time information signs displaying the arrival time of the next bus. The total length of the RAPID route is 17 miles and includes 49 stops. In total, there aze 20 RAPID stops within Dublin (10 westbound and IO eastbound), including the East Dublin/Pleasanton BART station. The Map in Attachment 3 also illustrates the locations of five (5) non-RAPID bus stops for informational purposes. Of the 20 RAPID stops, 15 aze existing stops to remain in the same location, 2 aze existing stops to be relocated slightly, and 3 aze new stops. Table 1 provides a summary of the 20 stops. TABLE 1 RAPID BUS STOPS WITHIN DUBLIN Bus Stop Location EB =Eastbound WB =Westbound Location Status E =Existing Stop R =Proposed Relocated Stop N =New Sto EB: East of Re Tonal E EB: West of Golden Gate E WB: West of Golden Gate E WB: West of Villa e E EB: West of Clark E WB: West of Clark E EB: East of Civic Plaza E WB: West of Sierra R move from east of Sierra EB: West of Dublin Ct E WB: East of Dublin Ct E EB: East BART Station E WB: East BART Station E EB: East of Hacienda N WB: West of Hacienda E EB: East of John Mone o E WB: West of Gl nnis Rose R move 250 feet east EB: East of Grafton N tem until develo ed WB: West of Grafton E EB: East of Kee an N tem until develo ed WB: West of Kee an ~ E LAVTA has secured over $13.7 million for capital improvements from local, state .(Prop 1 B) and Federal Small Starts funds.... This:vuill cauer.the full. capital. cost of ,the.pro}ect..... . Page 3 of 7 '~ The initial implementation of RAPID service will include two tiers of bus stop types, including Basic Stops and Standard Stops. Basic stops will provide minimal amenities such as a shelter, trash and recycling receptacles, wayfinding signage, and a flag sign. Within Dublin, the stops on eastbound Dublin Boulevazd at Regional Street and at the East Dublin/Pleasanton BART station will be Basic stops. Standazd stops will provide the full range of amenities, including those provided at a basic stop plus additional benches outside of the shelter, bike parking, and a decorative lighting fixture outside the shelter. Aside from the basic stops listed above, all other stops within Dublin will be designed as standazd stops. Attachment 4 includes illustrations of typical Basic and Standard stop layouts, as well as the bus shelter and amenities to be used. LAVTA has agreed to use the bus shelters, benches and trash receptacles identified in the City's Streetscape Master Plan for the RAPID stops. Maintenance Agreement There is currently no formal maintenance agreement between LAVTA and the City of Dublin. For existing bus stops, LAVTA maintains all shelters and amenities. LAVTA has agreed to cover all maintenance, including utility costs associated with the decorative lights, for the RAPID stops. Staff plans to pursue development of a general maintenance agreement with LAVTA for existing and future bus stops City-wide. Bus Stop Layouts Public Works Staff has reviewed the conceptual design plans for each bus stop and met in the field at each proposed location with LAVTA representatives to discuss the design of each. Details regarding the exact placement of the shelters and amenities will be finalized through the design process. Since the August 19, 2008, meeting it has been determined that Tolar, the manufacturer of the shelters identified in the Streetscape Master Plan, offers a modified, longer version. This modified shelter will be used at the Standard stops so that consistency can be maintained between the style of shelter identified in the Streetscape Master Plan and the longer shelter style used at the RAPID Standazd stops outside of Dublin. As stated previously, of the 20 RAPID stops in Dublin, 15 aze existing stops to remain in the same location, 2 aze existing stops to be relocated slightly, and 3 aze new stops. The two relocated stops aze both on westbound Dublin Boulevard. One would move the existing stop from the east side of Sierra Court to the west side of Sierra Court, as bus stops located on the faz side of an intersection are more desirable for safe and efficient passenger pick up and drop off. The second relocation would move the existing stop located west of Glynnis Rose Street easterly approximately 250 feet (closer to Glynnis Rose Street). Moving the stop closer to the intersection would provide for more efficient access for the commercial developments near Glynnis Rose Street. The three new locations aze eastbound east of Grafton Street, eastbound east of Keegan Street and eastbound east of Hacienda Drive. The first two would be constructed as temporary stops until adjacent development occurs. The third location is proposed so that improved service could be provided for passengers visiting Hacienda Crossings. Bus Shelter CIP Project # 94252 Prior to the LAVTA RAPID deployment, the City Council, in March 2008, directed Staff to proceed with the Downtown Public ArtBus Shelter Project CIP #94252. The City Council authorized a Contract Services Agreement to hire an Art .Consultant to coordinate the project under Staff direction, at a cost of $8,004. An initial su3n;~af S8tfQ'v~s.paid:tatheaCa~st~tarrt':.La?begin raruitment;'ofstudeut.~ctists.ing :~:. Page 4 of 7 design elements for the murals and coordinating activities with the Livermore LAVTA. At this time, no additional funds have been expended. 5 ~ `~ The Art/Bus Shelter project had identified eight bus shelters for replacement and enhancements with student art murals with funding coming from three separate CIP projects. Replacement of seven shelters on Dublin Boulevard was to be funded through a Housing Incentives Program (HIP) Grant and the funds are included in CIP #96011 (West Dublin BART Station Corridor Enhancement -Dublin Boulevard- Hansen Drive to Clark Avenue) and #96012 (East Dublin BART Station Corridor Enhancement -Dublin Boulevazd-Tassajaza Road to Clark Avenue). Replacement of an eighth shelter on Amador Valley Boulevazd as well as the art murals for all eight shelters were to be funded by the General Fund and is included in CIP #94252 (Bus Shelters). The Fiscal Year 2008-2009 Budget allocates $35,250 from the General Fund for the project. Deployment of the RAPID project with RAPID branded shelters and amenities will essentially dismantle the original intent of the Bus Shelter CIl' Project which was to enhance the downtown corridor with student inspired bus shelter art murals. The only three shelter locations that are not part of RAPID on Dublin Boulevazd are on the east part of town (neaz Scazlett Court, Hibernia Drive and Myrtle Drive). Additionally, if Staff attempts to relocate the Bus Shelter CIP Project to another part of town, the City will not be able to take advantage of the HIP grant funding which is paying for seven of the eight shelters as the grant is specific to Dublin Boulevard; consequently, Staff would need to allocate additional money from the General Fund to the Bus Shelter CLP to pay for new shelters. Therefore Staff recommends that the City Council either discontinue or defer the Bus Shelter CIP Project. This would save general fund dollazs at a time when they are sorely needed. Relocation of Art Bus Shelters by Dan Dykes As part of the RAPID project, the three existing Art Bus Shelters created and installed by artist Dan Dykes in 2004 at Dublin Boulevard and Village Parkway (one shelter) and Dublin Boulevard and Golden Gate Drive (two shelters) will need to be relocated to other locations within the City (see Attachment 5 for a photograph of these shelters). The artist has been contacted and is not opposed to relocating the shelters or the relocation options as outlined below. LAVTA has agreed to pay for the removal and re-installation of the three shelters. Staff has investigated possible locations for the shelters with LAVTA and suggests the following preferred option (See map on Attachment 6): Village Parkway Corridor (Preferred Option) Any three of four locations, all along the northbound side: • Village Parkway north of Amador Valley Boulevard northbound • Village Parkway at Tamarack Drive northbound {existing LAVTA shelter) • Village Parkway at Brighton Drive (DHS) northbound • Village Parkway at Davona Drive northbound A second option is as follows: Amador Valley Boulevazd/Regional Street~Downtown Dublin) Any three of four locations:.. Page 5 of 7 • Regional Street north of Dublin Boulevard northbound (P ~ , 'I • Regional Street north of Dublin Boulevard southbound • Amador Valley Boulevard east of Regional Street westbound • Amador Valley Boulevard east of Regional Street eastbound Staff had considered a third option near the new Shannon Community Center, but service to Shannon Park is limited, ridership is light, and service may be cut further in the coming months according to LAVTA. Additionally, there are only two shelter locations on Shannon Avenue with no third location within the vicinity. Public Outreach The August 19, 2008, City Council Staff Report also identified "Public Outreach" as a topic to be discussed at a future City Council meeting. Two public meetings have since been held. LAVTA held a public meeting on January 7, 2009, as required by the environmental review process. They held a second meeting on April 2, 2009, as requested by the City of Dublin, to inform the Dublin community about the project. Adjacent residents, property owners and business owners were notified (see Attachment 7). A special notification was provided for residents and property/business owners immediately adjacent to the relocated bus stops. There were no attendees at this meeting. As such, there is no community feedback to provide to the City Council at this time. LAVTA Request to Change Streetscaue Color One of the key features of recently implemented Bus Rapid Transit (BRT) bus systems around the country is the development of a consistent "look" for the .system's buses and for the bus stops at which the BRT service is available. The successful "Rapid" service in Los Angeles is a good example of this approach. Creating such a consistent look for a BRT service is often referred to as "branding" and intended to create a clear distinction between a service provider's common, slower routes and its premium, faster services (BRT). The branded look of a stop communicates to transit riders where the premium service is available. In order to provide such a consistent look for LAVTA's RAPID service, all RAPID buses will have the same exterior design. In addition, all bus stops along the RAPID route are proposed to have the same physical appearance, including bus stop design elements, such as bus stop signage, shelters, trash receptacles, benches, and lighting. Painting these bus stop elements the same silver color is an integral component of LAVTA's approach to the branding of its RAPID service. However, LAVTA recognizes that its desire for a consistent appearance of its RAPID stops requires coordination with the City of Dublin's vision for the "look" of Dublin Boulevard as expressed in the City's Streetscape Master Plan for Dublin Boulevard. This document includes specifications for Streetscape furnishings, such as trash receptacles and benches as well as bus stop shelters. For the length of Dublin Boulevard, LAVTA has therefore decided to modify its branding for Standard RAPID stop design to include the specific bus shelter, trash receptacle, and bench models identified in the Master Plan. The only variance from these specifications requested by LAVTA is with regard to the color of two of these design elements. LAVTA is requesting permission to change the color of trash receptacles and benches at its RAPID stops from the Master Plan's green to silver. Modifying the color of these elements to fit with LAVTA's color scheme for all remaining Standard RAPID stops will help to maintain the minimum level of design consistency needed .to create a generally Page 6 of 7 -~ ~ n RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT BETWEEN THE LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY AND THE CITY OF DUBLIN WHEREAS, Livermore Amador Valley Transit Authority (LAVTA) has been providing transit services to the City of Dublin since LAVTA's formation in 1985; and WHEREAS, LAVTA has operated and maintained bus stops and bus shelters within the City of Dublin, but no agreement establishing this responsibility had been executed to date; and WHEREAS, LAVTA and the City of Dublin wish to enter into an agreement that establishes guidelines for the operation and maintenance of existing bus stops and establishes encroachment, maintenance and operation guidelines for new bus stops; and WHEREAS, the Agreement also includes all of the Bus Rapid Transit Improvements that are scheduled for completion in 2011; NOW, THEREFORE, the City Council of the City of Dublin does hereby approve the Bus Shelter Encroachment and Maintenance Agreement between Livermore Amador Valley Transit Authority and the City of Dublin. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 17th day of November, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:\TRANSPORTATIONU.ocal Traffic\Transit\Reso bus shelter agreement LAVTA.doc A 1 1 ~C~ ~nf„ BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT is entered into this _ day of , 2009, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Livermore Amador Valley Transit Authority, a public entity ("LAVTA"). Recitals A. City owns and/or controls the right of way ("Right of Way") along City streets, alleys, sidewalks, and other public places in the City of Dublin. B. LAVTA operates public transit service within the City of Dublin. C. To enhance the public transportation system in the City of Dublin ("Project"), LAVTA has the need to place encroachments, such as bus shelters, real-time signs, garbage receptacles, route signs, other structures, and electrical conduits and related appurtenances to draw electricity from street lights ("Project Facilities") in the Right of Way. D. The current locations of the existing Project Facilities in the City are shown in Exhibit A. The proposed locations of additional Project Facilities are shown in Exhibit B. City may issue LAVTA Encroachment Permits to construct and maintain additional Project Facilities in the Right of Way. Applications submitted to secure permits for the installation and maintenance of subsequent Project Facilities which are approved by the City shall be attached and incorporated to this Agreement as consecutive Exhibits C, D, E, F and so forth. E. The Project Facilities shall not interfere with the City's uses of the Right of Way. NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties agree as follows: 1. ENCROACHMENT. a. Subject to this Agreement, City shall allow LAVTA to maintain the existing Project Facilities in the Right of Way as shown on the attached Exhibit A. b. Subject to this Agreement and City's approval of their respective Encroachment Permit Applications, City shall allow LAVTA to install and maintain the proposed Project Facilities in the Right of Way as shown on the attached Exhibit B, as well as any Project Facilities identified in additional Exhibits to be attached hereto. c. Any installation or maintenance of Project Facilities shall be performed pursuant to an approved Encroachment Permit. Any installation or maintenance of Project Facilities inconsistent with the conditions or boundaries identified in the Encroachment Permit for said BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF DUBLIN AND LAVTA EXHIBIT To the Resolution 9 °(- i~ Project Facilities is prohibited. Notwithstanding the foregoing, any existing Project Facility identified in Exhibit A that does not have an Encroachment Permit may be maintained without obtaining an Encroachment Permit. Any expansion to add a bus stop sign, a garbage can, or a bench shall be permitted without obtaining an Encroachment Permit so long as the expansion does not cause the right of way to violate applicable disability access requirements. Expansions beyond a bus stop sign, garbage can, and bench shall require LAVTA to obtain an Encroachment Permit. d. No portion of Project Facilities shall affect the accessibility of the Right of Way or encroach on the minimum four-foot wide travel path for pedestrians required under federal and state law. e. City makes no representation or guaranty that its interest in the Right of Way is sufficient to accommodate the Project, and LAVTA shall be deemed to gain only those rights to use the Right of Way that the City has the undisputed right to give. f. LAVTA acknowledges that granting of an Encroachment Permit for the installation of the Project Facilities in the Right of Way shall be made at the sole discretion of the City pursuant to its Encroachments Ordinance. Neither this Agreement nor anything done by LAVTA shall create a vested right of LAVTA to utilize the Right of Way or to extend or expand the existing Project Facilities or new Project Facilities installed subsequent to this agreement. 2. LAVTA'S RESPONSIBILITIES. a. LAVTA shall at its sole expense maintain the Project Facilities. b. LAVTA's maintenance responsibilities shall include, but are not limited to, the inspection, cleaning, maintenance, repair, and replacement of the Project Facilities and trash removal at the Project Facilities ("maintenance"). LAVTA shall exercise reasonable care in maintaining the Project Facilities and property affected by the Project Facilities. Maintenance shall be done as frequently as reasonably necessary to maintain the Project Facilities in a neat and attractive condition, provided that trash removal shall be done at least weekly. c. If, within thirty (30) days after written notice has been sent to LAVTA, LAVTA fails, in the reasonable judgment of the Public Works director/Assistant City Engineer, to properly maintain the Project Facilities or maintain the Right of Way or any adjacent property which has been affected by the Project Facilities in as good a condition as they were in at the time of the construction of the Project Facilities, City may perform such maintenance at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. d. LAVTA shall pay to City all charges incurred by City for electricity associated with the Project. e. LAVTA shall obtain from City an Encroachment Permit for future work in the Right of Way related to the Project, including, but not limited to, maintenance of the Project BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF DUBLIN AND LAVTA Page 2 of 6 1940106.1 -o n~- i, Facilities that affects pedestrian or vehicular traffic. LAVTA and the City Public Works Director/ Assistant City Engineer shall work together to determine if a single Encroachment Permit can be used for routine work with standardized lane closures or other requirements. f. LAVTA shall ensure that City shall at all times have access to the Project Facilities for inspection and monitoring purposes. g. LAVTA shall ensure that all work or use done under the Encroachment Permit shall conform to the standards and specifications established by the City. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use. h. LAVTA shall ensure that, unless otherwise approved by the Public Works Director/Assistant City Engineer, no material shall be stored within five feet of a public street. In addition, excess earth materials from trenching or other operations shall be removed from the pavement, traveled way, or shoulder as the trench is backfilled or other work carried forward. 3. TERMINATION. This Agreement shall terminate if all the Project Facilities are removed, relocated, or abandoned. In addition, City may terminate this Agreement for any reason at the City's sole discretion by providing thirty (30) days' written notice to LAVTA. 4. MAINTENANCE, REMOVAL, RESTORATION AND REPAIR. a. Upon termination and notwithstanding Section 13.04.310 B of the Dublin Municipal Code, and as that Section may be amended or revised, LAVTA shall, at its sole expense, remove the Project Facilities from the area encompassed by any applicable encroachment permit ("the Encroachment Area"), and shall restore, to the City Engineer's reasonable satisfaction, the Encroachment Areas to as good a condition as they were in at the time of the construction of the Project Facilities. b. Except under emergency circumstances, in which the timeframe for the removal of the Project Facilities and the restoration of the Right of Way and any adjacent property shall be determined by the Public Works Director/Assistant City Engineer, LAVTA shall remove the Project Facilities and restore the Encroachment Area within sixty (60) days after written notice has been sent to LAVTA. c. If LAVTA fails to complete the removal of the Project Facilities or the restoration of the Right of Way within sixty (60) days after written notice has been sent to LAVTA, City may perform the necessary removal or restoration work at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. d. While the Project Facilities are in the Right of Way and within one year after the Project Facilities have been removed, LAVTA shall immediately repair and restore any damage to the Encroachment Area. If LAVTA fails to complete the repair or restoration within sixty (60) days after written notice has been sent to LAVTA, or should the exigencies of the injury or damage require repairs or replacement to be made before LAVTA can be notified or can respond BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF DUBLIN AND LAVTA Page 3 of 6 1940106.1 I I ~-1~ to the notifications, City may make the necessary repairs or replacement or perform the necessary work at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. e. If any maintenance, repair, restoration, or replacement needs immediate correction as a result of a public safety or health hazard, as reasonably determined by the City Engineer, and such maintenance is not performed, or cannot be performed, by LAVTA within twenty-four (24) hours of receipt of notice thereof, which notice may be sent by facsimile, the City may perform or cause to be performed such maintenance at LAVTA's expense, and LAVTA shall pay City all expenses reasonably incurred in the performance of the work. f. City shall not be liable to LAVTA for any damage sustained by LAVTA in City's maintenance, removal, restoration, or repair of the Project, any adjacent property which has been affected by the Project, or other improvements by LAVTA, except when such damage is caused by the negligent act or omission or intentional misconduct of City. Except for City's negligence or intentional misconduct, City's performance shall in no manner prejudice or impair any right of action for damages, or otherwise, that City may have against LAVTA. 5. NO INTERFERENCE WITH CITY'S OPERATION. a. The Project Facilities shall be constructed, installed, maintained, repaired and operated in such manner as to cause no interference with the constant, continuous and uninterrupted use of the Right of Way, and LAVTA shall do nothing to impair the safety thereof. LAVTA shall not interfere with any existing City utility or other City system without the written consent of City. No City utility or other City system shall be moved to accommodate LAVTA without City approval and unless the cost of such work is solely borne by LAVTA. The expense of replacement or repairs of any damage to City utility or other City system resulting from LAVTA's acts or omissions shall be solely borne by LAVTA. b. The City's costs to ensure that work by LAVTA in the Right of Way will not affect the Right of Way, such as design review or inspection if applicable, shall be at the sole expense of LAVTA, unless otherwise determined by the City Engineer. c. Nothing in this Agreement shall affect the City's existing or future use of the Right of Way. 6. INDEMNIFICATION. LAVTA shall indemnify, defend and hold harmless City, its officers, employees, and agents against and from any and all claims or suits for damages or injury or fines arising from the LAVTA's use of the Right of Way or from LAVTA's breach or default of any obligation under this Agreement, excepting such claims or suits for damages or injury arising from the sole negligence or willful misconduct of City. This indemnification and hold harmless provisions shall survive termination of this Agreement. 7. INSURANCE. During the term of this Agreement, LAVTA and any LAVTA agent doing work in the Right of Way shall maintain in full force and effect at its own cost and expense the following insurance coverage: BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF DUBLIN AND LAVTA Page 4 of 6 1940106.1 1~ ~- 11 a. General Liability and Bodily Injury Insurance. A comprehensive, general liability insurance for at least $1,000,000 combined limit for bodily injury and property damage and provide that City, its officers, employees and agents are named additional insured under the policy. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed under this Agreement, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder. b. Automobile Insurance. Automobile liability insurance in an amount not less than $1,000,000 per person/per occurrence. c. Workers' Compensation Insurance. Workers' Compensation Insurance for all employees, all in strict compliance with State laws, and to protect City from any and all claims thereunder. d. Certificate of Insurance. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits below those required in this Agreement without providing thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. In addition, the insured shall provide thirty (30) days prior written notice to City of any suspension, cancellation, reduction in coverage or in limits below those required in this Agreement, or voiding of the insurance coverage required by this Agreement. 8. NOTICES. All required notices shall be in writing and shall be sent by U.S. mail, postage prepaid, addressed as follows: To LAVTA: Executive Director To City: Public Works Director/ACE LAVTA City of Dublin 1362 Rutan Court, Suite 100 100 Civic Plaza Livermore, CA Dublin, CA 94568 Notices required hereunder shall be deemed effective two (2) days after mailing. 9. NO ASSIGNMENT OF THIS AGREEMENT. This Agreement shall not be assigned or transferred without the prior written consent of the City. 10. TIME OF ESSENCE. Time is of the essence in the performance of this Agreement. No waiver by either party of the nonperformance or any breach of any term, provision, or condition of this Agreement, or any default under it shall be considered to be or operate as a waiver of any subsequent nonperformance, breach or default. 11. AMENDMENT. This Agreement may be amended or modified by the parties provided that said amendment or modification is in writing and approved by both parties. 12. ENTIRE AGREEMENT. Except as otherwise provided in the Encroachment Permit BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF DUBLIN AND LAVTA Page 5 of 6 1940106.1 ~3~~~ and Conditions for Encroachment Permit attached to the Encroachment Permit, this Agreement contains the entire agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. LAVTA: By: Jerry Thorne, Chair ATTEST: Paul Matsuoka, Executive Director APPROVED AS TO FORM: Mike Conneran, Legal Counsel 1302439.2 CITY OF DUBLIN By: Joni Pattillo, City Manager ATTEST: Caroline Soto, City Clerk APPROVED AS TO FORM: John Bakker, City Attorney BUS SHELTER ENCROACHMENT AND MAINTENANCE AGREEMENT CITY OF DUBLIN AND LAVTA Page 6 of 6 1940106.1 ~~ ~ n LAVTA Bus Stops in Dublin (as of Nov. 2009) # LAVTA ID STREET AND CROSS STREET LONGITUDE LATITUDE CITY STREET SIDE LOCATION 1 5-001 REGIONAL & DUBLIN BLVD -121.934 37.703 DUBLIN N 2 5-002 REGIONAL & AMADOR VALLEY -121.935 37.706 DUBLIN N 3 5-003 AMADOR VALLEY & REGIONAL -121.935 37.706 DUBLIN E 4 5-004 AMADOR VALLEY & DONOHUE -121.932 37.709 DUBLIN E 5 5-005 VILLAGE PKWY & AMADOR VALLEY -121.927 37.710 DUBLIN N 6 5-006 VILLAGE PKWY & TAMARACK -121.927 37.715 DUBLIN N 7 5-007 VILLAGE PKWY & BRIGHTON -121.927 37.719 DUBLIN N 8 5-008 VILLAGE PKWY & DAVONA -121.926 37.721 DUBLIN N 9 5-009 DAVONA & BRIARWOOD -121.929 37.722 DUBLIN W 10 5-010 DAVONA & LUCANIA -121.932 37.721 DUBLIN W 11 5-011 SB DAVONA & WICKLOW -121.935 37.721 DUBLIN NW 12 5-012 NB DAVONA & WICKLOW -121.936 37.723 DUBLIN N 13 5-013 DAVONA & GATEWAY -121.936 37.723 DUBLIN N 14 5-018 STAGECOACH & N LAKE -121.922 37.727 DUBLIN S 15 5-019 STAGECOACH & JADE -121.919 37.724 DUBLIN S 16 5-022 STAGECOACH & TURQUOISE -121.919 37.721 DUBLIN S 17 5-023 AMADOR VALLEY & STAGECOACH -121.914 37.717 DUBLIN NE 18 5-026 WILDWOOD & COTTONWOOD -121.913 37.721 DUBLIN N 19 5-027 NB WILDWOOD & PARKWOOD S -121.912 37.722 DUBLIN NE 20 5-029 NB WILDWOOD & N PARKWOOD N -121.911 37.724 DUBLIN E 21 5-031 MARIPOSA CR & MONTEREY DR -121.911 37.715 DUBLIN SE 22 5-032 DOUGHERTY & NORTH APTS -121.910 37.711 DUBLIN S 23 5-033 DOUGHERTY & SIERRA -121.910 37.707 DUBLIN S 24 5-034 DOUGHERTY & DUBLIN BLVD -121.910 37.705 DUBLIN N 25 5-035 DOUGHERTY & 5TH -121.910 37.711 DUBLIN N 26 5-036 WILDWOOD & DOUGHERTY -121.911 37.724 DUBLIN W 27 5-037 WILDWOOD & PARKWOOD -121.912 37.722 DUBLIN SW 28 5-038 DOUGHERTY & HOUSTON NB -121.910 37.708 DUBLIN E 29 5-039 WILDWOOD & COTTONWOOD -121.913 37.721 DUBLIN SW 30 5-040 AMADOR VALLEY & WILDWOOD -121.913 37.718 DUBLIN SW 31 5-041 AMADOR VALLEY & STAGECOACH -121.915 37.717 DUBLIN SW 32 5-043 STAGECOACH & QUARTZ S -121.916 37.717 DUBLIN NW 33 5-044 STAGECOACH & QUARTZ N -121.918 37.719 DUBLIN NE 34 5-046 STAGECOACH & TOPAZ -121.918 37.720 DUBLIN N 35 5-047 STAGECOACH & JADE -121.919 37.724 DUBLIN N 36 5-050 STAGECOACH & N-LAKES -121.922 37.727 DUBLIN N 37 38 5-056 5-057 DAVONA & WICKLOW N DAVONA & WICKLOW -121.937 -121.935 37.723 37.721 DUBLIN DUBLIN S SE 39 5-059 DAVONA & LUCIANA -121.931 37.721 DUBLIN E 40 5-060 VILLAGE PKWY & DAVONA -121.927 37.721 DUBLIN S 41 5-061 VILLAGE PKWY & BRIGHTON -121.927 37.718 DUBLIN S 42 5-062 VILLAGE PKWY & TAMARACK -121.927 37.714 DUBLIN S 43 5-063 AMADOR VALLEY & VILLAGE PKWY -121.928 37.710 DUBLIN W 44 5-064 AMADOR VALLEY & DONOHUE -121.932 37.709 DUBLIN W 45 46 47 48 5-065 5-066 5-067 5-068 AMADOR VALLEY & REGIONAL REGIONAL & AMADOR VALLEY REGIONAL & DUBLIN BLVD DUBLIN BLVD & DONLAN WAY -121.935 -121.935 -121.934 -121.938 37.706 37.705 37.703 37.701 DUBLIN DUBLIN DUBLIN DUBLIN SW S S SW 49 5-069 SILVERGATE DR & BETLEN DR -121.945 37.701 DUBLIN N 50 5-070 SILVERGATE & HANSEN -121.946 37.704 DUBLIN N 51 52 53 5-071 5-072 5-073 SILVERGATE DR & ROLLING HILLS DR SILVERGATE DR & ROLLING HILLS CIR SILVERGATE DRIVE & AMARILLO ROAD -121.946 -121.946 -121.944 37.705 37.707 37.709 DUBLIN DUBLIN DUBLIN N N E 54 5-074 Pe ertree Road & Silver ate Drive -121.942 37.710 DUBLIN N 55 56 5-075 5-076 Pe ertree Road & Shannon Avenue SHANNON AV AT SHANNON PARK -121.943 -121.941 37.713 37.714 DUBLIN DUBLIN N E EXI^IT ~ i5 f ,-, 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 5-077 5-078 5-079 5-080 5-081 5-082 5-083 5-084 5-085 5-086 5-087 5-088 5-089 5-090 5-091 5-092 5-093 5-094 5-095 5-096 5-101 5-102 5-103 5-152 5-401 5-402 5-403 5-404 5-405 5-406 5-408 5-410 5-411 5-412 5-413 5-414 5-415 5-416 San Ramon Road & Dublin Boulevard SHANNON & SHANNON PARK Pe ertree Road & Juarez Road Pe ertree Road & Silver ate Drive Silver ate Drive & Amarillo Road Silver ate Drive & Rollin Hills Dr Silver ate Drive & Hansen Drive SILVERGATE DR & BETLEN DR DUBLIN BLVD & REGIONAL ST DUBLIN BLVD & GOLDEN GATE DUBLIN BLVD & VILLAGE PKWY DUBLIN BLVD & CIVIC PLAZA DUBLIN BLVD & DUBLIN CT DUBLIN BLVD & DUBLIN CT DUBLIN BLVD & SIERRA CT DUBLIN BLVD & GOLDEN GATE DUBLIN BLVD & VILLAGE PKWY DUBLIN BLVD & HANSEN DUBLIN BLVD & DONLON DUBLIN BLVD & CLARK WB DUBLIN BLVD & REGIONAL WB DUBLIN BLVD & SCARLETT CT EB DUBLIN BLVD & SCARLETT CT WB HACIENDA & GIBRALTER NB VOMAC & HOLLANDA VOMAC & DEERVALE VOMAC & SAN RAMON VOMAC &PEPPERTREE SOUTHWICK & SOUTHWICK SOUTHWICK &WESTSIDE AMADOR VALLEY & VILLAGE WELLS MIDDLE SCHOOL SOUTWICK &WESTSIDE SOUTHWICK & BECKETT VOMAC &PEPPERTREE VOMAC & SAN RAMON VOMAC & COUNTESS VOMAC & HOLLANDA -121.936 -121.941 -121.943 -121.942 -121.944 -121.947 -121.946 -121.945 -121.933 -121.931 -121.922 -121.915 -121.913 -121.912 -121.915 -121.930 -121.925 -121.941 -121.939 -121.921 -121.933 -121.908 -121.908 -121.894 -121.937 -121.939 -121.941 -121.942 -121.946 -121.944 -121.926 -121.919 -121.944 -121.946 -121.943 -121.941 -121.940 37.703 37.714 37.713 37.710 37.709 37.707 37.704 37.701 37.703 37.704 37.706 37.704 37.704 37.704 37.704 37.704 37.706 37.700 37.701 37.706 37.703 37.706 37.706 37.688 37.715 37.717 37.717 37.716 37.720 37.723 37.710 37.710 37.722 37.719 37.716 37.717 37.717 DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN N W S S SW S S S E E E E E W W W W E E N N N N E N N W W N NE E N SW S SE E E 95 96 97 98 99 100 101 102 103 104 105 106 107 108 6-001 6-002 6-003 6-004 6-005 6-006 6-007 6-008 6-009 6-010 6-011 6-012 6-013 6-014 HACIENDA DR & HAVEN PLACE HACIENDA DR & SUMMERGLEN HACIENDA DR & GLEASON DR MADIGAN AV & BRODER BV BRODER BLVD & SANTA RITA JAIL GLEASON DR & ARNOLD RD GLEASON DR & HACIENDA DR HACIENDA DR & CENTRAL PKWY DUBLIN BLVD & TASSAJARA WB DUBLIN BLVD & MYRTLE DR WB DUBLIN BLVD & HYBERNIA EB DUBLIN BLVD & HIBERNIA DR EB DUBLIN BLVD & MYRTLE DR DUBLIN BLVD & J MONEGO TASSA -121.937 -121.888 -121.888 -121.888 -121.883 -121.888 -121.892 -121.889 -121.888 -121.873 -121.882 -121.886 -121.885 -121.882 37.715 37.707 37.711 37.714 37.716 37.716 37.714 37.714 37.709 37.706 37.706 37.706 37.706 37.706 DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN DUBLIN S N N N N W E E S W W W E E 109 110 6-016 6-017 . - JARA DUBLIN BLVD & HACIENDA DR CENTRAL & HACIENDA EB -121.876 -121.889 37.706 37.706 DUBLIN DUBLIN E W 111 6-018 CENTRAL & KILLIAN EB -121.886 37.709 DUBLIN S 112 6-019 CENTRAL &GLYNNIS ROSE EB -121.878 37.709 DUBLIN S 113 6-020 CENTRAL & HACIENDA -121.875 37.709 DUBLIN S 114 6-021 CENTRAL & PRE HACIENDA -121.890 37.709 DUBLIN W 115 6-023 CENTRAL PKWY &GLYNNIS ROSE -121.891 37.709 DUBLIN E 116 6-024 CENTRAL PKWY & ASPEN ST -121.875 37.710 DUBLIN N 117 6-026 C . ENTRAL PKWY & CHANCERY LN -121.883 37.709 DUBLIN N EB -121.866 37.709 DUBLIN S ~~ ~'~ 118 6-027 CENTRAL &KEEGAN EB -121.860 37.708 DUBLIN S 119 6-028 DUBLIN BLVD & CANMORE PLACE WB -121.865 37.705 DUBLIN N 120 6-029 DUBLIN BLVD & BRANNIGAN WB -121.868 37.706 DUBLIN N 121 6-030 TASSAJARA & CENTRAL SB -121.872 37.707 DUBLIN W 122 6-031 CENTRAL CHANCERY EB -121.866 37.709 DUBLIN S 123 6-032 CENTRAL GRAFTON -121.864 37.709 DUBLIN S 124 6-033 KEEGAN FINNIAN SB -121.860 37.707 DUBLIN W 125 6-034 DUBLIN BLVD KEEGAN W/B -121.861 37.705 DUBLIN N 126 6-035 DUBLIN BLVD JOHN MONEGO WB -121.877 37.706 DUBLIN N 127 6-037 EMERALD CROSSINGS -121.873 37.713 DUBLIN W 128 6-038 CENTRAL PRE-HACIENDA WB -121.888 37.709 DUBLIN N 129 6-118 FALCON MIDDLE SCHOOL -121.866 37.715 DUBLIN W 130 6-409 TASSAJARA & CASCADE CREEK S/B -121.872 37.717 DUBLIN W 131 6-410 TASSAJARA GLEASON NB -121.872 37.713 DUBLIN E 132 6-411 TASSAJARA & DUBLIN RANCH -121.872 37.718 DUBLIN E 133 6-412 DUBLIN RANCH & CEDAR CREST -121.868 37.721 DUBLIN S 134 6-413 DUBLIN RANCH & GROVELAND -121.865 37.720 DUBLIN S 135 6-414 ANYONE & DUBLIN RANCH -121.865 37.718 DUBLIN S 136 6-415 ANOTNE & FALCON -121.860 37.719 DUBLIN S 137 6-416 DUBLIN RANCH ROUND HILL EB -121.868 37.721 DUBLIN S 138 6-417 DUBLIN RANCH OAK BLUFF SB -121.865 37 720 DUBLIN W 139 6-418 DEVANEY BRANNIGAN WB . -121.867 37.714 DUBLIN N H F W W ~ ~ &~ ~ ~p Y & ~ W ZtN N ~ ~ ~ 7 p~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 tl (~ N x W ~ ~ ~ € W ~ ~ 2 2 t 11~~t11 ~ Z yZ~ 2L1 Y Y ~ ~ ~ ~ ~ I ~ ~~ ~ ~ ~ 17f ~ ~ ~ ~ ~ CC o ~ ~ ~ ~ ~ ~ ~ ~^ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~v ~~ ~~ ~~ ~~ ~~ ~~ Wv~ ~~ ~v ~~ ~~ ~~ ~~ ~V ~~ ~W ~v n N ~ N H ~ N n R'i ~ n "~ ~ '~ ~ n °~ 9'i 3 021 NO~~Yd ~~ Y~ ~ ~ ~h ~, ~ 1S 121YNHJOI 15 NQD~M ~, •n ~~fN N '1N ~11S ~-'2MJ 021 Y2IYPYSS'Yl 210 35021 S1NNAl0 • +~ N Y ~ l~ 093NOn Oa Ytw r1NVs NFIOP ~ ~ •~ as YaNapYH ~ ~~YO 3pYH ~ ~ _Z ~ ~ Qn ~F J ~ '• • W~F 021 G21YAdOH oa ua3lanoo ~ N y ~~ ~e ~~ syrv~ s ~~ st ~ y`6 Q"2' '~ s r ~: c~o~ ~ ~ reN g~ ~'n` 0 W a m z x w ~f ~~ i 1 LL 5~ L Z O Q Uw O~ J O O Z v / M~ W 0 o~ F m U<~ .~ Z as 00 r- r fA H N to > > 0) m • K