HomeMy WebLinkAboutReso 180-15 San Ramon Rd Bypass Storm Drain RESOLUTION NO. 180 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH THE STATE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SAN
RAMON ROAD BYPASS STORM DRAIN PROJECT, CIP NO. ST1212
WHEREAS, the State of California Department of Transportation (Caltrans) is
constructing the Interstate 580 Altamont Pass Truck Climbing Lane Project in Alameda County;
and
WHEREAS, the San Francisco Bay Regional Water Control Board (Regional Board) has
required Caltrans to provide mitigation for impacts to water quality due to the construction of the
truck climbing lanes; and
WHEREAS, the State and Regional Board have agreed that Caltrans can provide a
portion of the mitigation through the installation and maintenance of a vegetated stormwater
treatment bio-retention basin on San Ramon Road north of Silvergate Drive, including
construction of a storm drain line to divert flows to the bio-retention basin (Project); and
WHEREAS, the City of Dublin and Caltrans entered into Cooperative Agreement No. 4-
2443 (Cooperative Agreement), on August 31, 2012, subsequently amended on December 12,
2014, incorporated herein by reference, under which the City of Dublin agreed to install and
maintain the Project improvements and Caltrans agreed to reimburse the City for Project costs
in a total amount not to exceed $892,000, including $600,000 for Project construction; and
WHEREAS, the City of Dublin solicited, received, and publicly opened bids for
construction of the Project on August 3, 2015, and the lowest responsive bid exceeded
$600,000; and
WHEREAS, Caltrans has prepared a second amendment to the Cooperative Agreement
that increases the Caltrans total financial obligation for Project costs from $892,000 to
$1,100,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the second amendment to the Cooperative Agreement between Caltrans and
the City of Dublin, increasing the total reimbursable Project costs from Caltrans to $1,100,000.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Cooperative Agreement, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed
to transmit a certified copy of this Resolution, together with duplicate executed copies of the
Amendment to the Cooperative Agreement, to Caltrans for approval and processing.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 17th day of November 2015, by the
following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
914A"
Mayor
ATTEST:
atv L
City Clerk
Reso No. 180-15,Adopted 11-17-15, Item 4.11 Page 2 of 2
04-Ala 580 PM R4.7/R8.2
Truck Climbing Lane Mitigation
04-4A07U4/0400020643
District Agreement No. 4-2443-A2
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT, ENTERED INTO EFFECTIVE on
, 2015, is between the STATE OF CALIFORNIA, acting by and
through its Department of Transportation,referred to herein as"CALTRANS,"and the
CITY OF DUBLIN, a body politic and a
municipal corporation of the State of
California,referred to herein as"CITY."
RECITALS
1. CALTRANS and CITY("PARTIES")entered into a Cooperative Agreement(District
Agreement No. 4-2443) on August 31, 2012,defining the terms and conditions under
which to collaborate on mitigating the impacts of a highway improvement project
("PROJECT")consisting of construction of a Truck Climbing Lane on Interstate 580
in the City of Dublin,in Alameda County.
2. The PROJECT impacts("IMPACTS")comprise 9.71 acres of added or reworked
impervious surface within the jurisdictional boundaries of the State Water Resources
Control Board's Region 2 ("WRCB"). In response to WRCB's 401 Certification,
Condition 10,CALTRANS is to provide 7.69 acres of offsite stormwater treatment
within the Arroyo Las Positas watershed for the purpose of partial mitigation of
IMPACTS. The said stormwater treatment is referred to in the Agreement as
"MITIGATION PROJECT."
3. PARTIES entered into Amendment No. 1 to Agreement(District Agreement No.4-
2443-A 1)on December 12,2014 to extend the termination date of the Agreement
from December 31, 2014,to December 31,2016.
4. PARTIES now wish to enter into Amendment No. 2 to Agreement(District
Agreement No. 4-2443-A2)to increase the total cost of MITIGATION PROJECT
from$892,000 to$1,100,000. The cost increase is due to additional design consultant
costs for environmental document preparation and increased construction costs,based
on bids received.
District Agreement No. 4-2443-A2
IT IS THEREFORE MUTUALLY AGREED:
1. The attached EXHIBIT B (Updated)dated September 14,2015 will replace the
EXHIBIT B of AGREEMENT, in its entirety.Any reference to the EXHIBIT B in
AGREEMENT is now deemed to be a reference to EXHIBIT B (Updated).
2. Section I, Article 4 of original AGREEMENT is hereby revised in its entirety to read
as follows:
4. To submit one invoice to CALTRANS within thirty (30) calendar days of
execution of this Agreement in the amount of$100,000, which represents the
initial deposit for work performed pursuant to this Agreement. To submit,
thereafter, to CALTRANS itemized invoices monthly and in arrears for costs
incurred for work performed related to MITIGATION PROJECT. Total
invoices submitted(including the initial deposit)shall not exceed a total
amount of$1,100,000, which amount represents CALTRANS'total financial
obligation as set forth in this Agreement. Said invoices will meet format and
content requirements specified by CALTRANS and shall be submitted to the
CALTRANS Project Manager for approval and forwarding to the
appropriate Accounting Office for payment.
3. Section II, Article 2 of original AGREEMENT is hereby revised in its entirety to read
as follows:
2. To deposit with CITY within thirty(30) calendar days of receipt of CITY's
signed invoice, the amount of$100,000 for the first invoice and thereafter to
deposit with CITY within thirty(30)calendar days after receipt of each
subsequent monthly invoice, all approved actual costs incurred for work
performed related to the construction o f MITIGATION PROJECT for a total
of$1,100,000(including the initial deposit)which amount represents
CALTRANS'total financial obligation as set forth in this Agreement.
4. All other terms and conditions of the Agreement(District Agreement No. 4-
2443)as amended in District Agreement No. 4-2443-Al shall remain in full
force and effect.
5. This Amendment No. 2 to the Agreement is hereby deemed to be a part of
District Agreement No. 4-2443.
2
District Agreement No. 4-2443-A2
PARTIES declare that:
1. Each PARTY is an authorized legal entity under federal law and/or California state law.
2. Each PARTY has the authority to enter into this Amendment to the Agreement.
3. The people signing this Amendment to the Agreement have the authority to do so on
behalf of their public agencies.
STATE OF CALIFORNIA CITY OF DUBLIN
Department of Transportation
By: By:
Helena(Lenka)Culik-Caro City Manager
Deputy District Director, Design
Certified as to budgeting of funds:
Jeffrey Armstrong
District Budget Manager
3
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