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HomeMy WebLinkAboutReso 35-16 Dublin Blvd. Extension RESOLUTION NO. 35 - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF LIVERMORE TO CONDUCT A PRELIMINARY ENGINEERING STUDY FOR THE DUBLIN BOULEVARD EXTENSION TO NORTH CANYONS PARKWAY IN LIVERMORE WHEREAS, the Dublin Boulevard/North Canyons Parkway Extension Project (PROJECT) will connect existing Dublin Boulevard in the City of Dublin to North Canyons Parkway in the City of Livermore (The ROADWAY), an approximate distance of 8,100 feet; and WHEREAS, the PROJECT is included in the City of Dublin General Plan as a six-lane roadway; and WHEREAS, the PROJECT is included in the City of Dublin's Eastern Dublin Traffic Impact Fee program, which has been accumulating partial funding for the PROJECT; and WHEREAS, the City of Livermore and the City of Dublin have been coordinating regarding the ROADWAY, and agree to conduct preliminary engineering and a Precise Alignment study (PRELIMINARY ENGINEERING); and WHEREAS, the City of Livermore and the City of Dublin agree to enter into a Memorandum Of Understanding (MOU) to establish each jurisdiction's responsibilities to complete the PRELIMINARY ENGINEERING. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin authorizes the City Manager, or his/her designee, to execute in the name of the City of Dublin the attached Memorandum of Understanding (Exhibit A) and any associated documents for the PRELIMINARY ENGINEERING. PASSED, APPROVED AND ADOPTED this 1st day of March, 2016, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None h Mayor ATTEST: a,. f City Clerk Reso No.35-16,Adopted 3-1-16, Item 4.8 Page 1 of 1 EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LIVERMORE AND CITY OF DUBLIN FOR THE DUBLIN BOULEVARD/NORTH CANYONS PARKWAY EXTENSION PROJECT (INITIAL PRELIMINARY DESIGN PHASE) This MEMORANDUM OF UNDERSTANDING ("MOU"), dated as of the _ day of , 2016 is entered into by the City of Livermore, a municipal corporation ("LIVERMORE") and the City of Dublin, a municipal corporation ("DUBLIN"). SECTION I - RECITALS A. The Dublin Boulevard/North Canyons Parkway Extension Project is a project to connect existing Dublin Boulevard in DUBLIN to North Canyons Parkway in LIVERMORE (the "ROADWAY"), an approximate distance of 8,100 feet, shown in FIGURE 1 attached hereto and incorporated herein by reference (the"PROJECT"). B. DUBLIN's General Plan reflects an ultimate six-lane configuration within the PROJECT limits. LIVERMORE's General Plan reflects four lanes within the PROJECT limits. Both LIVERMORE and DUBLIN would like to reconcile the planned number of lanes within the PROJECT limits to meet future transportation needs. C. The PROJECT is included in DUBLIN's Eastern Dublin Traffic Impact Fee program, which has been accumulating partial funding for the PROJECT. D. The PROJECT is included in LIVERMORE's Traffic Impact Fee Program, which has been accumulating partial funding for the PROJECT. E. The PROJECT is included in the Alameda Countywide Transportation Plan and the Plan Bay Area, a transportation blueprint of Countywide and nine Bay Area counties, respectively. F. LIVERMORE and DUBLIN have been coordinating regarding the ROADWAY, and agree that the ROADWAY will generally follow a horizontal alignment parallel to 1- 580. The precise alignment is expected to be developed as part of the PROJECT. G. The PROJECT will require a traffic study be completed and a preliminary design be drafted prior to any construction. H. The ROADWAY alignment will traverse through lands within unincorporated Alameda County between the LIVERMORE and DUBLIN jurisdictional boundaries. LIVERMORE and DUBLIN understand that on-going support will be required from Alameda County in the implementation of the PROJECT and agree that the PROJECT will be coordinated with Alameda County prior to the City Council of either DUBLIN or LIVERMORE taking any action to approve construction of the PROJECT. I. LIVERMORE and DUBLIN recognize that the lands within unincorporated Alameda County between the LIVERMORE and DUBLIN jurisdictional boundaries are outside of either jurisdiction's urban growth boundary. Development of this area is governed by Alameda County Measure D. 3 J. The parties intend to define herein the understanding by which LIVERMORE and DUBLIN are to implement the initial preliminary design phase of the PROJECT. SECTION II - UNDERSTANDING Now, therefore, in exchange for DUBLIN's promises to undertake the studies and design work for the portions of the PROJECT located within LIVERMORE pursuant to the provisions below, and for LIVERMORE'S promises to authorize and reimburse DUBLIN to undertake such studies and design work pursuant to the provisions below, LIVERMORE and DUBLIN agree as follows: 1. PURPOSE. The purpose of this MOU is to set forth the parties' goals and expectations with respect to implementing the initial preliminary design phase (the "Preliminary Engineering") of the PROJECT. The Preliminary Engineering will be accomplished through the completion of a Traffic Study and the Initial Preliminary Design, as further explained under Section 11.2 and 11.3 of this MOU. This MOU shall only be construed to create the specific rights and obligation set forth herein, and is not intended, and shall not be construed, to create any rights or obligations beyond those that do not otherwise exist under the law. 2. TRAFFIC STUDY. DUBLIN'S General Plan recommends six lane capacity for the PROJECT. Livermore's General Plan recommends four lane capacity for the PROJECT. Due to the changes to land uses in the PROJECT vicinity, it is possible that a different capacity is now needed. DUBLIN will conduct a traffic study for the PROJECT to determine the ultimate capacity (number of lanes) of the ROADWAY to be located in the entire PROJECT area which includes portions of DUBLIN, LIVERMORE and unincorporated portions of Alameda County. The scope of work, fee, and selection of consultants for the traffic study will be approved by LIVERMORE's City Engineer prior to DUBLIN'S commencement of the study. Where the study is conducted within the jurisdictional boundaries of LIVERMORE the study will be conducted to the satisfaction of LIVERMORE, in accordance with LIVERMORE standards and requirements. Parties to this MOU understand that changes to the PROJECT capacity (number of lanes) may require amendments to the General Plans and any associated planning documents. Any necessary General Plan amendments will be processed and funded exclusively by the jurisdiction(s) performing the amendments. Furthermore, parties to this MOU understand that certain lands within the PROJECT limits are under the jurisdiction of the Alameda County and any changes to the land use in this area must be approved by the Alameda County. Such approval will be coordinated by both parties to this MOU. This MOU does not commit either DUBLIN or LIVERMORE to construct any aspect of the PROJECT and does not commit either DUBLIN or LIVERMORE to alter their General Plans or make any other changes to land use regulations. As such, this MOU does not reasonably have the potential to impact the environment and does not constitute a project for the purposes of the California Environmental Quality Act (CEQA). Before approvals to move forward with construction of the PROJECT occurs and before any land use regulation of either DUBLIN or LIVERMORE is altered, each City will ensure that any requirements of CEQA are fulfilled. 3. INITIAL PRELIMINARY DESIGN. DUBLIN will complete the initial preliminary design for the PROJECT within LIVERMORE and DUBLIN. The scope of work, fee, and selection of consultants for the initial preliminary design will be approved by LIVERMORE prior to DUBLIN'S commencement of the design work. The initial preliminary design of the 4 PROJECT will determine the street cross-sections, preferred horizontal and vertical ROADWAY alignment, generate a right-of-way base map, and develop a planning level cost estimate. The initial preliminary design shall accommodate the planned extension of BART to Livermore. The initial preliminary design shall identify appropriate access points to land fronting the PROJECT. Abutters' rights shall be restricted along the roadway through unincorporated Alameda County to only allow development consistent with Alameda County Measure D. All engineering and design work performed in or regarding work to be performed in LIVERMORE shall be performed to the satisfaction of LIVERMORE. 4. INVOICING AND PAYMENT. a. DUBLIN will invoice LIVERMORE for reimbursement of DUBLIN'S consultant costs incurred in performing the traffic study and initial preliminary design phase tasks under this MOU no less than quarterly. LIVERMORE will reimburse DUBLIN twenty percent (20%) of the cost for traffic study and initial preliminary design of the PROJECT no later than 30 days after receipt of an invoice from DUBLIN. DUBLIN and LIVERMORE agree that this twenty percent cost allocation is a rough reflection of the PROJECT area contained in each of their respective jurisdictions, as demonstrated in FIGURE 1 attached hereto. b. If either party is successful in receiving grant funding for the traffic study and preliminary design phase, grant funding will be used first for this work and will be shared on the basis of the ratio of cost sharing under Section II.4.a. Each party will provide the local match, if required, on the basis of the cost sharing ratio outlined in Section II.4.a. c. Excluding the costs of the traffic study and initial preliminary design phase, LIVERMORE and DUBLIN will divide the remaining costs for the PROJECT as follows: DUBLIN and LIVERMORE will split all costs of the PROJECT related to construction in Alameda County on a 50-50 basis. DUBLIN will be responsible for all costs associated with the PROJECT in its jurisdiction. LIVERMORE will be responsible for all costs associated with the PROJECT in its jurisdiction. 5. FUTURE PROJECT PHASES. LIVERMORE and DUBLIN agree to jointly seek funding for future PROJECT phases, including, but not limited to, preliminary engineering, right-of-way, and construction phases. Potential grant funding includes Alameda County Transportation Commission Measure BB. At the time DUBLIN and LIVERMORE intend to proceed with future PROJECT phases, DUBLIN and LIVERMORE shall enter into an agreement for future PROJECT phases. 6. HOLD HARMLESS. a. Nothing in this MOU is intended to affect the legal liability of any party by imposing any standard of care, with respect to the work performed hereunder, different from the standard of care imposed by law. b. DUBLIN shall defend, hold harmless, and indemnify LIVERMORE, and its officers, agents and employees, against any and all claims, demands, damages, costs, expenses or liability related to or arising out of DUBLIN'S performance of this MOU, except for liability arising out of the sole negligence or willful misconduct of LIVERMORE, or its officers, agents or employees. 5 c. LIVERMORE shall defend, hold harmless, and indemnify DUBLIN, and its officers, agents and employees, against any and all claims, demands, damages, costs, expenses or liability related to or arising out of LIVERMORE'S performance of this MOU, except for liability arising out of the sole negligence or willful misconduct of DUBLIN, or its officers, agents or employees. d. DUBLIN will ensure that each contract it enters into with a consultant or contractor for work on the PROJECT requires the contractor or consultant to defend, hold harmless, and indemnify LIVERMORE, and its officers, agents and employees, against any and all claims, demands, damages, costs, expenses or liability related to or arising out of the contractors or consultant's work on the PROJECT, except for liability arising out of the sole negligence or willful misconduct of LIVERMORE, or its officers, agents or employees. 7. TERM OF MOU. This MOU shall expire upon the completion of the tasks set forth in Section 11.2 and 11.3 of the MOU or within five (5) years of the date this MOU is fully executed, whichever comes first. 8. MOU MODIFICATION. This MOU shall be subject to modification only with the written consent of each party hereto. No party shall unreasonably withhold its consent to modification for the implementation and accomplishment of the overall purpose for which this MOU is made. 9. ACCOUNTABILITY. The parties shall provide strict accountability of any and all funds and shall report to each other all receipts and disbursements. 10. USE OF FUNDS. Funds contributed for the PROJECT shall be used solely for the PROJECT. 11. MOU CONSTRUCTION. The section headings and captions of this MOU are, and the arrangement of this instrument is, for the sole convenience of the parties to this MOU. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this MOU. 12. ENTIRE MOU. This MOU contains the entire understanding of the parties relating to the subject matter of this MOU. No promise, representation, warranty or covenant not included in this MOU has been or is relied upon by any party. 13.COUNTERPARTS. This MOU may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this MOU will not become effective until counterparts have been executed by both parties. Faxed signatures on this MOU or any notice, consent, or amendment required under this MOU are binding. 6 14. NOTICES. All correspondence regarding this MOU, including invoices, payments, and notices shall be directed to the following persons at the following addresses and facsimile numbers, which may be changed by written notice from one party to the other: LIVERMORE: DUBLIN: Bob Vinn, Assistant City Engineer Gary Huisingh, Public Works Director 1052 S. Livermore Avenue 100 Civic Plaza Livermore, CA 94550 Dublin, CA 94568 FAX: (925) 960-4504 Fax: (925)833-6628 Cc: City Attorney, City Engineer 15. GOVERNING LAW; VENUE. This MOU will be governed and construed in accordance with California law. The venue of any litigation arising out of this MOU will be Alameda County. [Signatures appear on following page.] 7 IN WITNESS WHEREOF, the parties have each executed this MOU as of the date first set forth above. LIVERMORE: DUBLIN: By: By: Marc Roberts, City Manager Christopher L. Foss, City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Robert Mahlowitz, Assistant City John Bakker, City Attorney Attorney 8 i , \ \ , ��I =�d 1 Yp V Z 411111 z ri cj o C V Hi .E C D €C o_u 1 co vw 0 r o ,~ a S q y c o H O g a v dN a •0.` '-t--- . • uo 19' z