HomeMy WebLinkAboutItem 8.6 I580SRRdFoothillCaltra CTTY CLERK FILE # 600-50
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September :L7, 2002
SUBJECT: Approval of Cooperative Agreement with Caltrans for the
Improvement of I-580/San Ramon Road/Foothill Road Interchange
RePort Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution
2) Cooperative Agreement
RECOMMENDATION: Adopt resolution approving the Cooperative Agreement and
~ authorize the Mayor to execute said agreement
FINANCIAL STATEMENT: Under this agreement, the City will fund 100% of the cost of
improving the 1-580/San Ramon Road/Foothill Road interchange,
including engineering and construction. The following is a
breakdown of the project financing:
City of Pleasanton contribution: $ 138,465
Tri-Valley Transportation Dev. Fee
20% Funds collected plus interest: $1,789,864
Future TVTDF funds to be collected: $ 72,137
Total project cost: $2,000,466
The total project cost is estimated at $2,000,466 of which $138,465
was contributed by Pleasanton for the Project Study Report and
Project Report preparation. Pleasanton has since decided not to
fund the recommended improvements on their side of the
interchange. Additional funds in the amount of $72,137 will be
required to fully fund the project. If sufficient funds are not
collected at the time of construction, it is proposed to borrow the
required fimds form the General Fund and pay the loan back as
future TVTDF funds are collected.
DESCRIPTION: City Staff has been working cooperatively with Caltrans for
approximately two years on the planning and design of the 1-580/San Ramon Road/Foothill Road
Interchange improvement project. This project includes a reconfiguring of the westbound off-ramp at San
Ramon Road; removal of the existing westbound 1-580 to northbound loop off-ramp; signalization of the
westbound 1-580 ramp with San Ramon Road; the landscaping of the San Ramon Road median between
COPIES TO:
ITEM NO. ~
G:WIISCPROJ~I-580 Foothill - San Ramon~Agst Caltrans Coop Agmt 580-San Ramon.doc /,~r~e~ ~
the new off-ramp and Dublin Boulevard and of the northeast comer of the ne% off-ramp intersection; and
the overlay of San Ramon Road between 1-580 and Dublin Boulevard.
Under the proposed agreement, the City agrees to perform and prepare the Preliminary
Engineering/Environmental Documentation and plans and specifications, as well as advertise, award, and
administer the construction contract for the project. Caltrans agrees to provide, at no cost to the City:
oversight of the project; prompt reviews and approvals of submittals by the City; and cooperation in
timely processing of the project. A separate agreement will be entered into with Caltrans to define after-
construction maintenance responsibilities.'
Staff recommends that the City Council adopt the resolution approving the Cooperative Agreement with
Caltrans and authorize the Mayor to execute said agreement.
COPIES TO:
v~ ~ ~ ITEM NO.
H/c¢-forms/agdastmt. doc
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING COOPERATIVE AGREEMENT WITH
STATE DEPARTMENT OF TRANSPORTATION (CALTRANS)
FOR THE IMPROVEMENT OF THE
1-580/SAN RAMON ROAD/FOOTHILL ROAD INTERCHANGE
WHEREAS, the 1-580/San Ramon Road/Foothill Road Interchange Improvement project proposes
to modify the interchange to eliminate weaving problems and improve traffic operations; and
WHEREAS, it is the City of Dublin's intent to fund this project with Th-Valley Transportation
Development Fee - 20% funds, as indicated in the City's Five-Year Capital Improvement Program; and
WHEREAS, City Staff has been working cooperatively with Caltrans on the design and
environmental documentation of the interchange improvement project; and
WHEREAS, it is necessary to enter into a cooperative agreement with Caltrans to construct the
project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the cooperative agreement with Caltrans for the improvement of the 1-580/San Ramon Road/Foothill
Road Interchange.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 17th day of September, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:miscproj\I-580-San Ramon~eso Caltrans Coop Agmt ~& q/~ ~/~9,~ /~
District Agreement No. 1834-C
4-ALA-580 KP R34. 1/R35.4 (PM R21.2/R22.0)
1-580/San Ramon Rd/Foothill Rd Interchange
04257-284800
DiSt. Agmt. No. 1834-C
Document No. ALA- 1-
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON , is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE", and
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 the
Cities of Dublin and Pleasanton.
2. CITY desires to construct State highway improvements consisting of landscaping and
automated irrigation system and reconstructing the existing 1-580/Foothill Road/San
Ramon Road Interchange 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 for
costs of STATE's quality assurance 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, financed, and maintained.
District Agreement No. 1834-C
SECTION I
CITY AGREES: "
1. To perform all necessary preliminary engineering, including environmental
documentation (ED), prepare detailed Plans, Specifications, and Estimate (PS&E), and
utility identification and location, and perform all necessary construction engineering
for PROJECT and bear all actual costs thereof.
2. To submit to STATE detailed PS&E for review and approval. Final plans and standard
special provisions shall be signed by a Civil Engineer registered in the State of
California.
3. Personnel who prepare the PS&E shall be available to STATE, at no cost to STATE,
through completion of construction of PROJECT to discuss 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 the State highway right of way to perform surveying and other investigative
activities required for preparation of the ED and/or PS&E.
5. To identify and locate all high and low risk underground facilities within the area of
PROJECT as part of its design responsibility and to protect or otherwise provide for
such facilities, all in accordance with STATE's "Manual on High and Low Risk
Underground Facilities Within Highway Rights of Way". CITY hereby acknowledges
receipt of STATE's "Manual on High and Low Risk Underground Facilities Within
Highway Rights of Way". All facilities not relocated or removed in advance of
construction shall be identified on the PS&E for PROJECT.
6. 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 the
State highway right of way and that such work will be completed prior to the award of
the contract to construct PROJECT or as covered in the PS&E for said contract. This
evidence shafl include a reference to all required State highway encroachment permits.
CITY shall require the utility owner and/or its contractors performing the protection or
relocation work within the State highway right of way to obtain an encroachment permit
from STATE prior to the performance of said work,
8. To be responsible, at CITY's expense, for the investigation of potential hazardous
material 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. If CITY
encounters hazardous material or contamination within the existing State highway
right of way during said investigation, CITY shall immediately notify STATE and
responsible control agencies of such discovery.
9. To advertise, award and administer the construction contract for PROJECT in
accordance with requirements of the State Contract 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 same 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.
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District Agreement No. 1834-C
10. To apply for necessary encroachment permits for required work within State highway
rights of way, in accordance with STATE's standard permit procedures, as more
specifically defined in Articles 3, 4, 5, 6 and 7 of Section III of this Agreement.
11. In recognition that construction work for PROJECT done on STATE's 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 the successful completion of PROJECT,
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 construction work for PROJECT. CITY shall defend, indemnify
and hold harmless STATE, its officers and employees from all claims by stop notice
claimants related to the construction of PROJECT under the payment bond.
12. To construct PROJECT in accordance with the plans and specifications of CITY to the
satisfaction of and subject to the approval of STATE.
13. Contract Administration procedures shall conform to the applicable requirements set
forth is STATE's Construction Manual, Local Assistance Procedures Manual and the
Encroachment Permit for the construction of PROJECT.
14. Construction within the existing or ultimate State highway right of way shall comply
with the requirements in STATE's Standard Specifications and PROJECT Special
Provisions, and in conformance with methods and practices specified in STATE's
Construction Manual.
15. If CITY uses its own staff or hires another entity to perform surveys, all survey work
shall conform to the methods, procedures, and requirements of STATE's Surveys
Manual and STATE's Staking Information Booklet.
16. Material testing and quality control shall conform to the State Construction Manual and
the State Material Testing Manual, and shall be performed, at CITY's 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.
17. 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 plans and specifications for PROJECT 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.
18. To pay one hundred percent (100%) of the actual costs of construction required for
satisfactory completion of PROJECT, including changes pursuant to contract change
orders concurred with by the STATE representative and any material furnished by
STATE.
19. 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 construction
District Agreement No. 1834-C ~ ~//~$~-
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, except that the designer of PROJECT may check the shop
drawings, do soils foundation tests, test construction materials, do construction
surveys, and prepare As-Built plans.
20. To make progress payments to the contractor using CITY's funds and pay all costs for
required staff services as described in Al~cles 17 and 19 of this Section I. STATE's
representative shall review all contract progress pay schedules. STATE does not
assume responsibility for accuracy of itemization on progress pay schedules.
21. Within sixty (60) days following the completion and acceptance of the construction
contract for PROJECT, to furnish STATE with a complete set of acceptable full-sized
film positive reproducible "As-Built" plans and a copy of all contract records, including
survey documents, Records of Surveys, and a microfilm copy of all structure plans.
22. Upon completion of work under this Agreement, CITY will assume maintenance and the
expense thereof for any part of PROJECT located outside of the current State highway
right of way until acceptance of any such part of PROJECT into the State highway
system by STATE, approval by the Federal Highway Administration, if required and
conveyance of acceptable title to STATE.
23. Upon completion of construction work under this Agreement, CITY shall assume
maintenance of landscape improvements on San Ramon Road and other locations
within the State highway right of way as shown in Attachment A and the expense
thereof in perpetuity. CITY shall also assume maintenance and expense thereof for all
other landscape improvements for PROJECT for a period of one (1) year from the date of
completion and acceptance of PROJECT. If CITY does not maintain PROJECT at
acceptable standards, STATE may either remove the landscaping or maintain the
landscaping at CITY expense.
24. If CITY terminates PROJECT prior to completion of the construction contract for
PROJECT, STATE may require CITY, at CITY's expense, to return the 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 finish PROJECT or place PROJECT in a condition of
satisfactory permanent operation. 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.
25. If cultural, archaeological, paleontological or other protected materials are encountered
during construction of PROJECT, CITY shall stop work in that area, until a qualified
professional can evaluate the nature and significance of the find and a plan is approved'
for the removal or protection of that material. The costs for any removal or protection of
that material shall be covered as a cost of PROJECT contemplated by this Agreement.
26. 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.
27. STATE's quality assurance activities referred to in Articles 1 and 4 of Section II of this
Agreement does not include performance of any engineering services required for
PROJECT. These services are to be performed by CITY. If CITY requests STATE to
4
District Agreement No. 1834-C
perform any of these services, CITY shall reimburse STATE for such services. An
amendment to this Agreement authorizing STATE's performance of such services will be
required prior to performance of any engineering work by STATE.
SECTION H
STATE AGREES:
1. To provide, at no cost to CITY, quality assurance activities of all work on PROJECT done
by CITY, including but not limited to, investigation of potential hazardous material sites
and right of way activities undertaken by CITY or its designee, 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 to CITY, an encroachment permit
to CITY authorizing entry onto the State highway right of way to perform survey and
other investigative activities required for preparation of the ED and/or PS&E. If CITY
uses consultants or contractors rather than its own staff to perform required work, the
consultants or contractors will also be required to obtain a separate encroachment
permit. These permits will be issued at no cost upon proper application by the
consultants.
3. To issue at no cost to CITY and CITY's construction contractors, upon proper
application by CITY and by CITY's construction contractors, the necessary
encroachment permits for required work within the State highway right of way, as more
specifically defined in Articles 3, 4, 5, 6 and 7 of Section III of this Agreement.
4. As part of STATE's quality assurance activities, to provide a qualified representative of
STATE who shall have authority to accept or reject work and materials or to order any
actions needed for public safety or the preservation of property and to assure
compliance with all provisions of the encroachment permit(s) issued to CITY and CITY's
contractor.
5. To provide, at CITY's expense, any "State-furnished material" as shown on the plans for
PROJECT and as provided in the Special Provisions for PROJECT.
SECTION HI
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.
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 be modified in writing in the
future to reflect changes in the responsibilities of the respective parties. Such
modifications shall be concurred with by CITY's Director of Public Works or other
official designated by CITY and State's District Director for District 4 and become a part
5
District Agreement No. 1834-C
of this Agreement after execution of the amending document by the respective officials
of the parties.
3. Construction by CITY of improvements referred to herein which lie within the State
highway right of way or which affect STATE's facilities, shall not be commenced until
CITY's original contract plans involving such work and plan for utility relocations have
been reviewed and accepted by signature of STATE's District Director of Transportation
or the District Director's delegated agent and 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 (5) sets of reduced
construction plans of aforesaid STATE-accepted contract plans, and five (5) sets of
specifications for PROJECT. 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 representatives within the District proposed State highway right of
way or which affects STATE's 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 shall also be required to obtain an encroachment permit
from STATE prior to commencing any work within the State highway right of way or
which affects STATE's facilities. The application by CITY's construction contractor for
said encroachment permit shall be made through the office of STATE's District Permit
Engineer and shall include proof said construction contractor has payment and
performance surety bonds covering construction of PROJECT. State agrees to process
and issue said permit in a timely manner after receiving complete application.
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 control of rights of way were
acquired in accordance with applicable state and Federal laws and regulations. All
right of way of way activities are to be supervised or completed by a qualified public
agency or a qualified consultant, as determined by STATE's District Division Chief of
Right of Way.
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 shall maintain in force, until completion and acceptance
of the construction contract for PROJECT, 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 Standard Specifications. Such policy shall
contain an additional insured endorsement naming the State of California, its officers,
agents, and employees as additional insured. 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 construction
contractor.
9. During the construction of PROJECT, representatives of CITY and STATE will cooperate
and consult with each other, and all work pursuant to PROJECT shall be accomplished
' according to the approved plans, specifications, and STATE's applicable standards and
practices. STATE's representative shall verify satisfaction of these requirements.
STATE's representative is authorized to enter cIrpFs property during construction for
the purpose of monitoring and coordinating construction activities.
10. Changes to the plans and specifications for PROJECT shall be implemented by contract
change orders reviewed and concurred with by STATE's representative. All changes
affecting public safety or public convenience, all design and specification changes, and
all major changes as defined in STATE's Construction Manual shall be approved by
STATE in advance of performing the work. Unless otherwise directed by STATE's
representative, changes authorized as provided herein will not require an encroachment
permit rider. All changes shall be shown on the "As-Built" plans referred to in Article
22 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. STATE's representative
will be made available to CITY to provide advice and technical input in any claim
process.
12. If any existing public and/or private utility facilities conflict with the construction of
PROJECT 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's 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's policy for those facilities located outside of the limits of work for
the improvement to the State highway and in accordance with CITY's policy for those
facilities located outside of the limits of work for the improvement to the State highway.
The cost of the protection, relocation or removal shall be apportioned between the owner
of the utility facility and CITY in accordance with STATE's policy and procedure. CITY
shall require any utility owner performing relocation work in the State highway right of
way to obtain an encroachment permit from STATE prior to the performance of said
relocation work. The requirements of the most current version of STATE's "Policy on
High and Low risk Underground Facilities Within Highway Rights of Way" shall be fully
complied with. Any relocated or new facilities shall be correctly shown and identified on
the "As-Built" plans referred to in Article 21 of Section I of this Agreement.
13. Any hazardous material or contamination of an HM-1 category found within the existing
State highway right of way prior to construction of PROJECT requiring remedy or
remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety
Code, shall be the responsibility of STATE, at STATE expense. For the purpose of this
Agreement, hazardous material or contamination of HM-1 category is defined as that
level or type of contamination which State or Federal regulatory control agencies having
jurisdiction have determined must be remediated by reason of its mere discovery,
regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM-1
manifest and, if STATE determines, in its sole judgment, that STATE's cost for remedy
or remedial action is increased due to PROJECT, that additional cost identified by
STATE shall be borne by CITY. STATE will exert every effort to fund the remedy or
remedial action for which STATE is responsible. In th4e event STATE is unable to
provide funding, CITY will have the option to either delay PROJECT until STATE is able
to provide funding or CITY may proceed with the remedy or remedial action at CITY
expense without any subsequent reimbursement by STATE.
14. The remedy or remedial action with respect to any hazardous material contamination of
an HM-2 category found within the existing State highway right of way prior to
construction of PROJECT shall be the responsibility of CITY, at CITY expense, if CITY
decides to proceed with PROJECT. For the purposes of this Agreement, hazardous
material or contamination of HM-2 category is defined as that level or type of
contamination which said regulatory control agencies would have allowed to remain in
place if undisturbed or otherwise protected in place should PROJECT not proceed.
CITY shall sign any HM-2 storage manifest if PROJECT proceeds and HM-2 material
7
must be removed in lieu of being treated in place. If CITY decides to not prOceed with
PROJECT, there will be no obligation to either CITY or STATE other than CITY's duty to
cover and protect HM-2 material left in place.
15. Any hazardous material or contamination of an HM-1 category found within the existing
State highway right of way during construction requiring remedy or remedial action, as
defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the
responsibility of STATE, at STATE expense.. STATE shall sign the HM-1 manifest and, if
STATE determines, in its sole judgment, that STATE's cost for remedy or remedial
action is increased due to construction of PROJECT, that additional cost identified by
STATE shall be borne by CITY. STATE will exert every effort to fund remedy or remedial
action for which STATE is responsible. In the event STATE is unable to provide funding,
CITY will have the option to either delay further construction of PROJECT until STATE
is able to provide funding or CITY may proceed with the remedy or remedial action at
CITY's expense without any subsequent reimbursement by STATE.
16. The remedy or remedial action with respect to any hazardous material or contamination
of an HM-2 category found within the existing State highway right of way shall be the
responsibility of CITY, at CITY's expense, as a result of proceeding with construction of
PROJECT.. CITY shall sign any HM-2 manifest if construction of PROJECT proceeds
and HM-2 material must be removed in lieu of being treated in place.
17. 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, protection,
removal, packaging, transportation, storage, and disposal of such material.
18. The party responsible for funding any hazardous material cleanup shall be responsible
for the development of the necessary remedy and/or remedial action plans, and
designs. Remedial actions proposed by CITY on the State highway right of way 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.
19. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has
determined that within such areas as are within the limits of PROJECT 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.
20. 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.
21. Upon completion and acceptance of the construction contract for PROJECT by CITY to
the satisfaction of STATE's 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 the State highway right of way, except
local roads delegated to CITY for maintenance and landscape improvements referred to
in Article 23 of Section I of this Agreement.
22. CITY will maintain the traffic control signal system and safety lighting as installed and
pay an amount equal to fifty percent (50 %) of the total maintenance costs, including
District Agreement No. 1834-C /~ (/~0/
electrical energy costs. STATE shall reimburse CITY for STATE's proportionate share of
said maintenance costs, such share to be an amount equal to fifty percent (50 %) of the
total maintenance costs, including electrical energy costs.
23. CITY will operate the traffic control signal(s) as installed and pay one hundred percent
(100%) of the operation cost.
24. In the event STATE's Traffic Operations Center determines that the operation of the
traffic control signal(s) is unacceptable, and CITY fails to satisfactorily improve the
operation, STATE will install a State standard controller at CITY's expense. STATE will
then operate the traffic control signal(s) as installed and pay one hundred percent
(100%) of the operation cost. STATE will maintain the traffic control signal system as
installed and pay an amount equal to fifty percent (50%) of the total maintenance costs
including electrical energy costs. CITY shall reimburse STATE for CITY's proportionate
share of said maintenance costs, such share to be an amount equal to fifty percent
(50%) of the total maintenance costs, including electrical energy costs,
25. When the National Electrical Manufacturers Association (NEMA) sponsored National
Traffic Control/IVHS Communication Protocol (NTCIP) is completed, and STATE has
implemented this protocol in a State standard controller to communicate with the 1-580
Smart Corridor System, STATE will replace CITY's controller with STATE's controller at
STATE's expense. STATE will then operate the traffic control signal(s) as installed and
pay one hundred percent (100%) of the operation cost. STATE will maintain the traffic
control signal system as installed and pay an amount equal to fifty percent (50%) of the
total maintenance costs, including electrical energy costs. CITY shall reimburse STATE
for CITY's proportionate share of said maintenance costs, such share to be an amount
equal to fifty percent (50%) of the total maintenance costs, including electrical energy
costs.
26. Upon completion of all work under this Agreement, ownership and title to materials,
equipment, and appurtenances installed within the State highway right of way will
automatically be vested in STATE, and materials, equipment, and appurtenances
installed outside of the State highway right of way will automatically be vested in CITY.
No further agreement will be necessary to transfer ownership as hereinbefore stated.
27. 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 and
public facilities different from the standard of care imposed by law.
28. Neither STATE nor any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, CITY shall fully defend, indemnify and save harmless STATE and all its 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.
29. 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
District Agreement No. 1834-C // ~ / ~
Agreement. It is understood and agreed that, pursuant to Government Code Section
895.4, STATE shall fully 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.
30. This Agreement may be terminated or provisions contained herein may be altered,
changed, or amended only by mutual written consent of the parties hereto.
31. 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.
32. 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, 2007, whichever is earlier in time.
However, the ownership, operation, maintenance, liability, claims clauses and terms
referred to in Articles 25 and 26 of this Section III shall remain in effect until terminated
or modified in writing by mutual agreement.
10
District Agreement No. 1834-C /~' ~'~ t~r
STATE OF CALIFORNIA CITY OF DUBLIN
DEPARTMENT OF TRANSPORTATION
JEFF MORALES
Director of Transportation
By:
Mayor
By: Attest:
District Deputy Director Clerk
Approved as to form and procedure: Approved as to form and procedure:
Attorney City Attorney
Department of Transportation
Certified as to funds:
District Budget Manager
Certified as to procedure:
Accounting Administrator
11
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for various project development activities for the
proposed Interstate 580/San Ramon Road/Foothill Road Interchange modification.
1. CITY will provide the necessary environmental compliance for PROJECT. CITY will perform all studies
to document and defend the Categorical Exemption/Categorical Exclusion (CE/CE) determination. STATE
will sign the CE/CE determination sheet. If, during preliminary engineering or preparation of the PS&E,
new information is obtained which requires the preparation of an environmental compliance document, this
Agreement will be amended to include completion of these additional tasks by CITY.
2. CITY and STATE concur that the proposal is a Category 5 as defined in STATE's Project Development
Procedures Manual.
3. CITY will submit 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 furnished 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 California Transportation Commission.
6. All phases of 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 normally
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's and CITY's staff.
12
ATTACHMENT 1
PLANNING PHASE ACTIVITIES
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT) X X
Approve PDT X
Project Category Determination X
Prepare Preliminary Environmental Assessment X
Identify Preliminary Alternatives and Costs X
Prepare and Submit Environmental Studies 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
Prepare Existing Traffic Analysis X
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics and Profiles X
Prepare Layouts 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 X X
with its Procedures
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with Certified ED for Approval X
Approve Project Report X
13
District Agreement No. 1834-C J ~ ~/fi/
ATTACHMENT 2
DESIGN PHASE ACTIVITIES
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
1. PRELIMINARY COORDINATION
Request 1 - Phase EA X
Field Review of Site X X
Provide Geometrics X
Approve Geometrics X
Obtain Surveys & Aerial Mapping X
Obtain Copies of Assessor Maps and Other R/W Maps X
Obtain Copies of As-Builts X
Send Approved Geometrics to Local Agencies for Review X
Revise Approved Geometrics if Required X
ApprOve Final Geometrics X
Determine Need for Permits from Other Agencies X X
Request Permits X
Initial Hydraulics Discussion with District Staff X
Initial Electrical Design Discussion with District Staff X
Initial Traffic & Signing Discussion with District Staff X
Initial Landscape Design Discussion with District Staff X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report & Typical Section X
Review and Approve Materials Report & Typical Section X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge General Plan & Structure Type Selection X
Review & Approve Bridge General Plan& Structure Type Selection X
14
District Agreement No. 1834~C /ff:~
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
3. R/W ACQUISITION & UTILITIES
(Used when qualified Local Agency is performing R/W activities.
Request Utility Verification X
Request Preliminary Utility Relocation Plans from Utilities X
Prepare R/W Requirements X
Prepare R/W and Utility Relocation Cost Estimates X
Submit R/W Requirements & Utility Relocation Plans for Review X
Review and Comment on RAY Requirements X
Longitudinal Encroachment Review X
Longitudinal Encroachment Application to District X
Approve Longitudinal Encroachment Application X,
Request Final Utility Relocation Plans X
Check Utility Relocation Plans X
Submit Utility Relocation Plans for Approval X
Approve Utility Relocation Plans X
Submit Final R/W Requirements for Review & Approval X
Fence and Excess Land Review X
R/W Layout Review X
Approve R/W Requirements X
Obtain Title Reports X
Complete Appraisals X
Review and Approve Appraisals for Setting Just Compensation X
Prepare Acquisition Documents X
Acquire R/W X
Open escrows and Make Payments X
Obtain Resolution of Necessity X
Perform Eminent Domain Proceedings X
Provide Displacee Relocation Services X
Prepare Relocation Payment Valuations X
Provide Displacee Relocation Payments X
Perform Property Management Activities X
Perform R/W Clearance Activities X
Prepare and Submit Certification of R/W X
Review and Approve Certification of R/W X
Transfer R/W to STATE X
Approve & Record Title Transfer Documents X
Prepare R/W Record Maps X
15
District Agreement No. 1834-C
RESPONSIBILITY
STATE LOCAL
AGENCY
PROJECT ACTIVITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage Construction Plans X
Review Preliminary Stage Construction Plans X
Calculate and Plot Geometrics X
Cross-Sections & Earthwork Quantifies Calculation X
Prepare and Submit BEES Estimate X
Put Estimate in BEES X
Local Review of Preliminary Drainage Plans and Sanitary Sewer and X
Adjustment Details
Prepare & Submit Preliminary Drainage Plans X
Review Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside Delineation Plans & Submit for X
Review
Review Traffic Striping and Roadside Delineation Plans X
Prepare & Submit Landscaping and/or Erosion Control Plans X
Review Landscaping and/or Erosion Control Plans X
Prepare & Submit Preliminary Electrical,Plans X
Review Preliminary Electrical Plans X
Prepare & Submit Preliminary Signing Plans X
Review Preliminary Signing Plans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Prepare & Submit Checked Structure Plans X
Review & Approve Checked Structure Plans X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Review and Approve Lane Closure Requirements X
Prepare & Submit Striping Plan X
Review & Approve Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Review Draft PS&E X
Finalize & Submit PS&E to District X
16
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