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HomeMy WebLinkAboutItem 5.7 Amendment No. 1 to Freeway Maintenance Agreement With the California Department of Transportation for Maintenance of Improvements Within the State Right-of-Way Agenda Item 5.7 STAFF REPORT CITY COUNCIL Page 1 of 2 DATE: July 21, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Amendment No. 1 to Freeway Maintenance Agreement W ith the California Department of Transportation for Maintenance of Improvements W ithin the State Right-of-Way Prepared by: Oscar Rivera, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider amending the Freeway Maintenance Agreement with the California Department of Transportation (Caltrans) to include Caltrans insurance requirements and expand the list of maintenance locations for non-freeway improvements within the Dublin city limits to include new improvements constructed by Landsea Homes of California LLC for the Dublin Centre Project. STAFF RECOMMENDATION: Adopt the Resolution Approving a First Amendment to the Freeway Maintenance Agreement With the California Department of Transportation for Maintenance of Improvements Within the State Right-of-Way. FINANCIAL IMPACT: Landsea Homes of California LLC has provided a Faithful Performance Bond (Bond No. PB03010410776) and a Labor & Materials Bond (Bond No. PB03010410776) both in the amount of $26,912,000, issued by Philadelphia Indemnity Insurance Company, to guarantee the construction of the offsite improvements associated with the Dublin Centre Project, including those constructed within the California Department of Transportation (Caltrans) right- of-way. Upon acceptance of the offsite improvements within the Caltrans right-of-way, the City will incur annualized maintenance costs estimated to be $1,523 for street sweeping, slurry seal (every five years), and asphalt concrete pavement overlay (e very 20 years). 182 Page 2 of 2 DESCRIPTION: Background On January 18, 2000, the City Council adopted Resolution No. 01-00 approving a Freeway Maintenance Agreement with the California Department of Transportation (Caltrans) for maintenance of improvements within Caltrans right-of-way. The City will maintain certain non- freeway improvements within the Caltrans right-of-way that are within the city limits. Under the terms of the Agreement, the City maintains improvements on both a routine and as- needed basis. The maintenance typically provided includes street sweeping, repairing existing pavement, striping, and making sign improvements. Proposed Amendment Staff is seeking City Council approval of a first amendment to the Agreement to include Caltrans insurance requirements and expand the list of maintenance locations to incorporate improvements to be constructed by the Dublin Centre Project. These include a right-turn lane, bicycle lane, landscaping, and sidewalk within the public right-of-way along Tassajara Road and within Caltrans right-of-way. Upon completion of the improvements, the City will maintain the asphalt pavement constructed for the northbound Tassajara Road widening and the northbound bike lane. The landscape and sidewalk constructed at the east side of Tassajara Road will be privately maintained by the adjacent property owner. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a First Amendment to the Freeway Maintenance Agreement W ith the California Department of Transportation for Maintenance of Improvements W ithin the State Right-of-Way 2) Exhibit A to the Resolution – Amendment No. 1 to Freeway Maintenance Agreement in the City of Dublin 3) Exhibit B to the Resolution – Improvement Plan Tassajara Road 4) 2000 Freeway Maintenance Agreement between California Department of Transportation and the City of Dublin 183 Attachment 1 Reso. No. XX-26, Item X.X, Adopted 07/21/2026 Page 1 of 1 RESOLUTION NO. XX – 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FIRST AMENDMENT TO THE FREEWAY MAINTENANCE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF IMPROVEMENTS WITHIN THE STATE RIGHT-OF-WAY WHEREAS, the City of Dublin and the California Department of Transportation (Caltrans) entered into a Freeway Maintenance Agreement (Agreement) dated January 18, 2000, whereby the City of Dublin agreed to maintain certain non-freeway improvements within the Caltrans right-of-way and within the city limits, subject to the terms and conditions set forth in the Agreement; and WHEREAS, the City and Caltrans desire to amend the Agreement to include the new improvements attached hereto as Exhibit B to this Resolution constructed by Landsea Homes of California LLC as part of the Dublin Centre Project within Caltrans right-of-way and to include Caltrans insurance requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 1 to the Freeway Maintenance Agreement between the City of Dublin and Caltrans, attached hereto as Exhibit A to this resolution. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Amendment to the Agreement attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin, on this 21st day of July, 2026 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 184 Ala 580 PM 17.9/20.0 AMENDMENT NO. 1 TO FREEWAY MAINTENANCE AGREEMENT IN THE CITY OF DUBLIN This Amendment No. 1 to the Freeway Maintenance Agreement in the City of Dublin is made and entered into by and between STATE of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, and City of Dublin, hereinafter referred to as “CITY” and collectively referred to as “PARTIES”. WITNESSETH: WHEREAS, a “Freeway Maintenance Agreement” in the City of Dublin, hereinafter referred to as “AGREEMENT”, was executed by CITY on February 2nd , 2000, and by STATE on February 8, 2000; and WHEREAS, AGREEMENT by its terms provides that it may be amended or terminated at any time upon mutual consent of PARTIES; and WHEREAS, CITY desires to maintain improvements to be constructed under a STATE issued Encroachment Permit No. _______________on Route 580 at Tassajara Road overcrossing in the City of Dublin, referred to as Location 1 in AGREEMENT; generally consisting of striping, bike lanes, and landscaping, etc.; and WHEREAS, PARTIES hereto now desire that AGREEMENT be amended. NOW, THEREFORE, PARTIES agree to add “BICYCLE PATHS, LANES, AND CYCLE TRACKS, INSURANCE, and other related articles” below to AGREEMENT and shall become a part of AGREEMENT for all purposes. 1.BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of way, CITY is solely responsible for all permitted improvements within CITY limits, including but not limited to the delineation, fencing, guard railing, drainage facilities and associated landscaping, slope and pavement structural adequacy. CITY will maintain, at CITY’s expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non-motorized facility. Attachment 1 Exhibit A to the Resolution /20.0 Attachment 2 185 Ala 580 PM 17.9/20.0 2.Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications, by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit B, and identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B. Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY’s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT. 3.Exhibit A of AGREEMENT is hereby amended in accordance with attached sheet 2 of 4 of Exhibit A. This sheet shall be substituted for the like numbered sheet in said AGREEMENT, and shall cancel and supersede previously like numbered page, becoming a part of said AGREEMENT for all purposes. 4.AMENDMENT No. 1 is hereby deemed to be included and made a part of AGREEMENT. TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the date as shown below and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agencies 186 Ala 580 PM 17.9/20.0 and covenants to have followed all the necessary legal requirements to validly execute this Amendment. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. Mayor Sherry Hu 187 188 March 30, 2026 Department of Transportation PO Box 23660 MS4A Oakland, CA 92623 Re: Summary of City of Dublin Insurance Maintenance Agreement with California Department of Transportation for improvements for bicycle paths, lanes and cycle tracks to be constructed on Route 580 at Tassajara Road To whom it may concern: This letter certifies that the City of Dublin participates in a pooled risk-sharing program for property and liability coverage through the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA), as evidenced by the attached certificates of coverage. PLAN JPA is a joint powers authority composed of public agencies that collectively fund and administer liability claims on behalf of its members. Under this program, coverage for third-party claims arising out of the City of Dublin’s general operations, including commercial general liability and automobile liability, is provided through Memoranda of Coverage. The City of Dublin maintains primary general liability and automobile liability coverage with limits of $1,000,000 per occurrence through PLAN JPA. In addition, excess liability coverage is provided through the California Affiliated Risk Management Authorities (CARMA) in the amount of $5,000,000 per occurrence, resulting in total available coverage of $6,000,000 per occurrence. Further, the City of Dublin is self-insured for workers’ compensation claims and has received consent from the State of California Department of Industrial Relations to operate as a self-insured employer. The City maintains excess workers’ compensation insurance through Midwest Employers Casualty Company, with a specific retention of $500,000 per occurrence and statutory coverage provided above that retention. Each fiscal year, as part of its budgetary process, the City appropriates funds specifically to satisfy valid claims, including workers’ compensation obligations and any retained liabilities associated with its participation in the pooled risk program. The City of Dublin certifies that its liability coverage meets the requirements set forth in Amendment 1 to the Freeway Maintenance Agreement, including coverage for bodily injury and property damage liability in the amount of $1,000,000 per occurrence, with excess coverage bringing the total available limits to at least $6,000,000 per occurrence. EXHIBIT B 189 If you need any additional information regarding this letter or the attached coverage documentation, please do not hesitate to contact me at 925-833-6614 or sarah.monnastes@dublin.ca.gov. Sincerely, Sarah Monnastes Human Resources Director/Risk Manager Attachments: 1. Certificate of Coverage 2. Liability Certificate of Coverage – Additional Covered Party 3. Certificate to Self-Insure Workers Compensation 190 AUG 7 2025 Attachment 3 IMPROVEMENTS INCLUDED WITHIN AMENDMENT 1 Exhibit B to the Resolution 191 Attachment 4 192 193 194 195 196 197 198 199 200