HomeMy WebLinkAbout4.07 CoOpAgmt Tassaj-I580 CITY CLERK
File #
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1,2004
SUBJECT: Approval of Amendment No. 1 to the Cooperative Agreement with
Caltrans for the Improvement of the 1-580/Tassajara Road and
1-580/Fallon Road Interchanges
Report Prepared by: Melissa Morton, Public ICorks Director
ATTACHMENTS: 1) Resolution
2) Amendment No. 1 and Cooperative Agreement
RECOMMENDATION: Adopt resolution approving Amendment No. 1 to Cooperative
Agreement with Caltrans for the Improvement of 1-580/Tassajara
Road and 1-580/Fallon Road Interchanges
FINANCIAL STATEMENT: None
DESCRIPTION: City Staff worked with Caltrans on the construction of the 1-580/
Tassajara Road Interchange improvement project and is currently working cooperatively with Caltrans
on the design and construction of the 1-580/Fallon Road Interchange improvement project. These two
projects are needed to accommodate planned development in Eastern Dublin, as well as surrounding
development, and are both funded by the Eastern Dublin developers.
The City entered into a cooperative agreement with Caltrans in July 2000 for the design and construction
o£both interchanges and the agreement will expire on June 30, 2004. As the City is seeking to prepare
the contract documents and administer construction of the 1-580/Fallon interchange improvement project,
it is necessary to amend the agreement with Caltrans to extend the termination date of the original
agreement to December 31, 2010.
Staff recommends that the City Council adopt the resolution approving Amendment No. 1 to the
Cooperative Agreement with Caltrans for Improvement of the 1-580/Tassajara Road and 1-580/Fallon
Road Interchanges.
mmmmmmmmmmmmmmm
mmmmmmmmmmmmmm
COPIES TO: Caltrans
g:XI-580-Tassajara~AgstcaltransCoopAgmt-Amendmentl [%~ ITEM NO.:~ -.
04-Ala-580
4257-257600 tip 26.4/28.0(P.M. 16.4/17.4)
4257-247700 KP 27.0/29(PM 16.8/18.2)
Fatlon Road & Tassajara Road Interchange
Modifications
District Agreement No. 4-'1820-A 1
Document No. 014869
AMENDMENT NO. I TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
, 2004, 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. The parties hereto entered into an Agreement (DocUment No. 014869) on July 18,
2000, said Agreement defining the terms and conditions of a project to widen the
northbound overcrossing and modify ramps at the Tassajara Road/Santa Rita Road
Interchange, to widen the overcrossing and modify ramps at the Fallon Road/E1 Charro
Road Interchange, and to construct an eastbound auxiliary lane betWeen the two
interchanges on Route 580, referred to herein as ~PROJECT'.
2. It has been determined that PROJECT will not be constructed prior to the termination
date of said Agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. The termination date specified 'in Section III, Article 24 of the original Agreement shall
now be December 31, 2010 instead of June 30, 2004.
2. The other terms and conditions of said Agreement (Document No. 014869) shall remain
in full force and effect.
District Agreement No. 4-1820-A 1
3. This Amendment No. 1 to Agreement is hereby deemed to be part of Document No.
014869.
STATE OF CALIFORNIA CITY OF DUBLIN
Department of Transportation
TONY HARRIS
Acting Director of Transportation
By:
Mayor
By:.
Deputy District Director
Attest:
City Clerk
Approved as to form and procedure:
Approved as to form:
Attorney
Department of Transportation
Attorney
Certified as to budgeting of funds:
District Budget Manager
Certified as to financial terms and
conditions:
Accounting Administrator
2
4-ALA-580
4257-257600 KP26.4/28.0 (PM i6.4/17.4)
4257-257700 KP 27.0/29.3(PM16.8/18.2)
Fallon Road & Tassajara Road
Interchange Modifications
Dist. Agmt. No. 1820-C~/y~q
Document No. Al,A-l-/-~ v~
COOPERATIVE AGREEMENT
between the STATE OF CALIFORNIA, acting by ~md' [hrough 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 CITY.
2. CITY desires to construct State highway improvements consisting of proposed
improvements widen northbound overcrossing and modify ramps at the Tassajara
Road/Santa Rita Road Interchange to widen the overcrossing and modify r~mps at
the Fallon Road/E1 Charro Road Interchanges and to construct an eastbound
auxiliary lane between the two interchanges on Route 580, referred to herein as
PROJECT, and is v~ll~ng to fund one hundred percent (100%) of all capital outlay
and staffing Costs, except the' costs of STATE's oversight of project development and
construction activities.
3. CITY desires to prepare the contract documents and advertise, award and
administe~ 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.
7. ' In the event that the right-of-way necessary for the PROJECT that is owned by the
City of Pleasanton is not transferred to the STATE prior to construction, CITY will
· , District Agreement No. 4-1820-C
obtain an encroachment permit from the City of Pleasanton, in order to construct
the portion of PROJECT located in Pleasonton's right of way. Ail other rights-of-
way necessary for the PROJECT are addressed in this Agreement
SECTION I
CITY AGREES:
1. To perform all necessary preliminary engineering, including environmental
document (ED), plans and specifications and utility identification and location, and
all necessary construction engineering services for PROJECT and bear all actual
costs thereof.
2. To submit to STATE detailed Plans, Specifications and Estimate (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 STATE's right of way to perform surveying and other
investigative activities required for preparation of the Combined Project Study
Report/Project Report (CPSR/PR), ED and/or PS&E.
5. Maintenance Agreement needs to be executed prior to the encroachment permit
issuance.
6. To identify and locate all high and low risk underground facilities within the
PROJECT area, 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.
7. To be responsible at CITY's expense, for the investigation of potential hazardous
waste 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.
8. CITY shall require the utility owner and/or its contractors and consultants
performing any work within STATE's right of way to obtain a STATE encroachment
permit prior to the performance of said work.
9. Any hazardous material found within the area of PROJECT requiring remedy or
remedial action, as defined I Division 20, Chapter 6.8 et seq. of the Health and
· District A~reement No. 4-1820-C
Safety Code, or any cultural, paleontological, anthropological, or other protected
resource requiring-protection shall be .the responsibility of CITY, at CITY expense as
part of the costs of PROJECT. 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 shah include, but not be limited to,
the identification, treatment, removal, packaging, transportation, storage, and
disposal of such material. ·.
10. CITY shall be responsible, at CITY expense, for the development of the necessary
remedy and or remedial action plans and designs. Remedial actions proposed by
CITY shall be preapproved 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.
11. If any existing public and/or private utility facilities conffict with PROJECT
construction or violate STATE's encr°achment policy, CITY shall make all
necessary arrangements with the owners of such facilities for their protection,
relocation or removal in accordance with STATE 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 policy for those facilities located
outside of the limits of work for the State highway. Total costs of such protection,
relocation or removal shall be in accordance with STATE policy and procedure.
Any .relocated or new facilities shall be correctly shown and identified on the
BUilt plans referred to in Article 24 of Section I of this Agreement.
12. 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 STATE's fight of way and that such work will be completed prior to the
award of the contract to construct PROJECT or as covered in the Special Provisions
for said contract. This evidence shall include a reference to all required State
highway encroachment permits.
13. To perform all fight of way actiVities, including all eminent domain actiVities, if
necessary, at no cost to STATE, in accordance with procedures acceptable to
STATE, and in compliance with all applicable State and Federal laws and
regulations, subject to STATE oversight to insure that the completed work is
acceptable for incorporation into the State highway right of way.
14. 'To submit to STATE for reView and acceptance all Right of Way Engineering Hard
Copies and Right of Way Appraisal Maps with appurtenant back-up and reference
data prioi to preparation of legal descriptions and acquisition documents.
15. To advertise, award and administer the construction contract for PROJECT in
accordance with requirements of the Local Agency Public Construction 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.
16. To apply for necessary encroachment permits for required work within State
highway fights 'of way, in accordance with STATE's standard permit procedures, as
3
District Agreement No. 4-1820-C
more specifically defined in Articles (3), (4), (5), (6) and (7) of Section III of this
Agreement.
17. In recognition that PROJECT construction work done on STATE ~roperty will not
be directly funded and paid by.. STATE, for the purpose of protecting stop notice
claimants and the interests of STATE relative to successful PROJECT completion,
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 PROJECT construction work. CITY shall
defend, indemnify, and hold harmless STATE, its officers, and employees from all
PROJECT claims under the payment or performance bond by contractors and all
claimants.
18. If CITY uses its own staff or hires another entity to perform surveys, all survey work
shall conform to the methods, procedures, and requirements set forth in STATE's
Surveys Manual and STATE's Staking Information Booklet.
19. Material testing and quality control shall conform to the State Construction Manual
and the State Material Testing Manual, and be performed, at CITY 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.
20. To construct PROJECT in accordance with plans and specifications of CITY to the
satisfaction of and subject to the approval of STATE.
21. Contract Administration procedUres shall conform to the applicable requirements
set forth in STATE's Construction Manual, Local Assistance Procedures Manual,
and the Encroachment Permit for construction of PROJECT.
22. Construction within the existing or ultimate STATE 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.
23. 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 C~Hfornia, to perform
the functions of a Resident Engineer. If the PROJECT plans and specifications 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.
24. 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 ~State-
furnished material".
25. 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
4
District Agreement No. 4-1820-C
construction 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 b~ independent of
the design .engineering company and construction contractor, except that the
PROJECT designer may check the shop drawings, do soils foundation tests, test
construction materials, and do construction surveys.
26. To make progress payments to the contractor or consultant using CITY funds and
pay all costs for required staff services as described in Articles (22) and (24) of this
Section I. The STATE representative shall review all contract progress pay
schedules. STATE does not assume responsibility for accuracy of itemization on
progress pay schedules.
27. Within sixty (60) days following the completion and acceptance of the PROJECT
construction contract, to furnish STATE an original electronic file of the As-Built
plans plus the microfilrn and all contract records, including survey documents, and
Records of Survey ( to include monument perpetuation per the Land Surveyor Act,
Section 8771). As-Built information should be delineated on a separate level in the
medi~m compatible to MicroStation SE version, the Design Data should be on
Microstation SE version 2D and 3D and Topographic Data on Microstation SE
version 3D (x,y,z point description raw survey point file). Text should be one size
larger, slanted, and in red. Items to be revised should be lined through or crossed
out and no information should l~e deleted.
28. Upon completion of work under this Agreement, CITY will assume maintenance and
the expense thereof for any part of PROJECT located outside of current STATE
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.
29. If CITY terminates PROJECT prior to completion of the construction contract for
PROJECT, STATE may require CITY, at CITY expense, to return 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
satisfactory permanent operation, condition. 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.
30. If buried cultural, archaeological, palentological or other protected materials are.
encounter:ed during construction of PROJECT, CITY shall stop work in that area,
until a qualified archeologist can evaluate the nature and significance of the fred.
· And a plan is approved for the removal or protection of that material.
31. 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.
5
District Agreement No. 4-1820-C
SECTION II
STATE AGREES:
1. To provide, at no cost to CITY, oversight of PROJECT and to provide prompt reviews
and approvals, as. appropriate, of su13mittals .by CITY, and to cooperate in timely
processing of PROJECT.
2. Upon proPer application by CITY~ to issue, at no cost CITY, an encroachment
permit to CITY authorizing entry onto STATE's right of way to perform survey and
other investigative activities required for'preparation of the-ED and/or PS&E. If
CITY uses consultants and contractors rather than its own staff to perform
required work, the consultants will also be required to obtain an encroachment
permit. The permit will be issued at no cost'upon proper application by the
consultants.
3. To issue at no cost to utility companies, upon proper application by utility
companies, the neces~ary encroachment permits for required utility relocation work
within State right of way.
4. .To issue at no. cost to CITY and CITY's contractors and consultants, upon proper
application by CITY and by CITY's contractors and consultants, the necessary
encroachment permits for required work within State highway right of way, as more
specifically defined in Articles (3), (4), (5), (6) and (7) of Section III of this Agreement.
5. To provide, at no cost to CITY's, a qualified STATE representative 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 or
consultant.
6. To provide, at CITY expense, any 'State-furnished materiaF as shown on the plans
for PROJECT and as provided in the .Special Provisions for PROJECT.
SECTION III
IT IS 'MUTUALLY AGREED:
1. All obligations of STATE under the terms of this Agreement are. subject ~o the
appropriation of resources by the LegisJature and the allocation of resources by the
California Transportation Commission.
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 in the future
be modified in writing to reflect changes in the responsibilities of the respective
parties. Such modifications shall be incorporated into this Agreement as
supplements to the Scope of Work by revising the Scope of Work, provided that the
revisions are approved and signed by the parties hereto or their designated
successors or representatives. The revised Scope of Work shall become a part of
this Agreement after execution by both parties.'
6
District Agreement No. 4-1820-C
3. Construction' by CITY of improvements referred to herein which lie within STATE
highway rights of way or affect STATE facilities, shall not be c, ommenced until
CITY's original contract plans involving such work and plan for utility relocations
have been reviewed and approved by signature of STATE's District Director of
Transportation, or the District Director's delegated agent, and until 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. 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 representative within proposed STATE rights of way or which
affects STATE 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 or consultant shall also be required to obtain an
encroachment permit from· STATE prior t° commencing any work within STATE
rights of way or which affects STATE facilities. The application by .CITY's contractor
· 'or consultant, for said encroachment permit shall be made through the. office of
State District Permit Engineer and shall include proof said contractor or consultant
has payment and performance surety bonds Covering construction of PROJECT.
6. CITY shall pr°vide 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.
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 con,actor or consultant shall maintain in force, until
completion and acceptance of the PROJECT construction contract, 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 current
Standard Specifications. Such policy shall Contain an additional insured
· endorsement naming STATE, its officers, agents and employees as additional
insureds.- 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 pe~l-,iit to CITY's contractor or consultant.
9. In construction of said PROJECT, representatives of CITY and STATE will cooperate
and. consult, and all work pursuant to PROJECT shall be accomplished according
to approved plans,-Specifications and apPlicable STATE standards. Satisfaction of
these requirements shall be verified by the STATE rePresentative. The STATE
representative is authorized to enter CITY's property during construction for the
purpose of monitoring and coordinating construction activities. · .-
10. Changes to PROJECT ,.plans and specifications shall be implemented by. contract
change orders reviewed and concurred with by the STATE representative. Ail
..... changes affecting public safety or public convenience, all design and specification.
changes, and all major changes as defined in STATE's Construction Manual shall
District Agreement No. 4-1820-C
be approved by STATE in advance of performing the work. Unless otherwise
directed by the STATE 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 Article (23) of Section I of this Agreement.
1 I. CITY shall provide a construction contract claims process acceptable to STATE and
shall process any and all claims through CITY's claim process. The STATE
representative will be made available to CITY to provide advice and technical input
in any claim process.
12. If any unforeseen potential hazardous material sites are' encountered during
construction of PROJECT CITY shall confer with appropriate professionals and
regulatory agencies on a course of action. CITY may be required to stop work until
the nature of the find can be evaluated and until a remedy or remedial action plan
is prepared and approved. 'The cost for any required remedy or remedial action
shall be covered as a cost of PROJECT contemplated by this Agreement, provided;
however, that STATE shall be responsible for the cost of any remedy or remedial
action if the contamination to be remedied arose from the intentional or negligent
acts of STATE or its employees engaged in activities unrelated to the PROJECT.
13. 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 C~cle. CITY shall take ~ 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.
14. 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. Upon completion and
acceptance of the PROJECT construction contract by CITY to the satisfaction of the
STATE 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 STATE's right of way, except local roads
delegated to CITY for maintenance. STATE will maintain the entire structure below
the deck slirface of local road overcrossings, at STATE expense.
15. ~Jp0n completion of all work under this Agreement, ownership and 'title to
materials, equipment and appurtenances installed within STATE's right of way.will
automatically be vested in STATE, and materials, equipment and appurtenances
installed outside of STATE's right of way will automatically be vested in CITY. No
further agreement will be necessary to transfer ownership as hereinbefore stated.
16. 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 liabiliTM 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 different from tl~e standard, of care imposed by law,
17. Neither STATE nor any officer or employee thereof is responsible for any'd~mage 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
8
District Agreement No. 4-1820-C
Section 895.4, CITY Shall fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or actions of every
name, kind and description brought for or on account of inju~. {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.
18. 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 Agreement. It is understood and agreed that, pursuant to Government
Code Section 895.4, STATE shall defend, indemnify and save harmless CITY from
all clm'ms, 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
mason 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.
19. This Agreement may be terminated or provisions_ contained herein may be altered,
changed, or amended by mutual consent of the parties hereto.
20. 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.
24. 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, 2004, whichever is
earlier in time; however, the ownership, operation, maintenance, liability, and
claims clauses shall remain in effect until terminated or modified in writing by
mutual agreement.
STATE OF CALIFORNIA CITY OF DUBLIN
Department of Transportation ~j~~~__
JEFF MORALES
Director of Transportation By:__ '
~.~ ~/~~~ Mayor
By:
Dist~ic~D ivisio ~---C~'i~ f' -- -
Attest: ~~~.~City Clerk '
Approved as to form and procedure:
~}tet~trX~)~ent o f ~r an sp°r tatio~~
~'~",~t ~,~ o.~ ~,,.~: Attorney
Certified as to D,_:dget'mg e£
-/"~ ~-.~(~' ~::~L~ Certified as to budgeting of funds:
I hereby certify upon my own personal
'~Di anager knowledge that budgeted funds are
available for the period and purpose of
payment to the construction contractor
and to qualified support staff
Certified as to financial terms and
HQ~ Accounting Administrator
I0
District Agreement No. 4-1820-C
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility fo~: various project
development activities for the proposed.
1. CITY will be the Lead Agency for CEQA and STATE will be the State Lead Agency for
NEPA. The Federal Highway Administration (FHWA) will be the Federal Lead Agency
for NEPA. CITY will prepare the Environmental Document(s) (ED) to meet the
requirements of CEQA and NEPA. The draft and final ED wilI require STATE review
and approval prior to public circulation. CITY will provide all data for and prepare a
' draft 'of the Combined Project Study Report/Project Report. STATE will review and
process the reports and request approval of the PROJECT and ED by the FHWA.
CITY will be responsible for the public hearing process.
2. CITY and STATE concur that the proposal is a Category 3 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
Parnished 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 the 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 fonow.
7. Detailed steps in the project development process are attached to this Scope of
Work. These Attachments are intended as a guide to STATE and CITY staff.
· 11
District Agreement No. 4-1820-C
ATTACHMENT 1 '
PLANNING PHASE ACTIVITIES
RESPONSIBILITY
STATE CITY
PROJECT ACTIVITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT pREpARATION
Establish Project Development Team (PDT) X X
Approve PDT X
Project Category Determination X
Start and Maintain Project History File X
Prepare Preliminary Environmental Assessment .. X
Identify Preliminary Alternatives and Costs X
Prepare and Subm/t. Environmental Studies and Reports X
Review and Approve Environmental Studies and Reports X
Prepare and Subm/t Draft Environmental Document (DED) X
Review DED in District X
2. PROJECT GEOMETRICS DEVELOPMENT
Apply for Encroachment Permit for Surveying on Site X
Issue Encroachment Permit X
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 with its Procedures X X
'prepare Combined Project Study Report/Project Report (CPSR/PR) X
Finalize and Submit CPSR/PR with Certified ED for Approval X
Approve CPSR/PR X
12
· District Agreement No. 4-1820-C
ATTACHMENT 2.
DESIGN PHASE ACTMTIES
RESPONSIBILITY
STATE CITY
PROJECT ACTMTY
1. PRELIMINARY'COORDINATION ....
Request I - Phase EA X
Field Review of Site X X
Provide Geometrics X
Approve Geometrics X
Designate a Surveying Manager and Conduct
Initial Surx, eys Discussion with District Staff X
Obtain Surveys & Aerial Mapping X
Obtain Copies of Assessor Maps and OtherR/W Maps X
Obtain Copies of As-Builts · X
Send Approved Geometrics to LoCal Agencies for Review X
Revise Approved Geometrics ff 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 and Submit Survey Data X
Review and Approve Survey Data X
· Prepare & Submit Materials Report and Typical Section X
Review and Approve Materials Report and Typical Section X
Prepare and Submit Landscaping Recommendation X
Review and Approve Landscaping Recommendation X
Prepare and Submit Hydraulic Design Studies X
Review and Approve Hydraulic Design Studies X
Prepare and Submit Bridge General Plan and
Structure Type Selection X
Review and Approve Bridge General Plan and
Structure Type Selection X
13
District Agreement No. 4-1820-C
PROJECT ACTMTY
RESPONSIBILITY
STATE CITY
3. R/W ACQUISITION & UTILITIES
(Used when qua_lifted Local Agency is performing R/W activities)
Send Geometric Ba~e Maps'to R/W staff for Ordering Title Reports X
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 and Utility
Relocation Plans for Review X
Review .and Comment on R/W 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
Prepare Utility Agreements X
Submit Final R/W Requirements for Review and Approval X
Fence and Excess Land Review X
R/W Layout Review X
Approve, R/W Requirements X
Prepare and Submit R/W Certificate of Sufficiency X
Review and Approve R/W Certificate of Sufficiency X
Perform Record and Non-record Data Search X
Complete Property Surveys and Begin Monumentation X
Prepare Retracement Record of Survey X
(Pm-construction)
Review and Comment on Record of Survey X
Prepare R/W engineering Hard Copy X
Prepare R/W Appraisal Map X
Provide STATE with R/W Engineering Back-up and
Reference Data X
Review and Accept R/W Hard Copies and Appraisal Maps X
Obtain Title Reports X
Complete Appraisals X
Review and Approve Appraisals for Setting
Just Compensation X
. Prepare Legal Descriptions X
Review and Accept Legal Descriptions X
Memorandum of Settiement/R/W Contract X
Complete Acquisition Documents X
Review and Accept Acquisition Documents X
14
District Agreement No. 4-1820-C
RESPONSIBILITY
STATE CITY
Acquire R/W X
- Open Escrows and Make Payments X
- Obtain Resolution of Necessity X
- Perform Eminent Domain Proceedings X
Provide Displace Relocation Services X
Prepare Relocation Payment Valuation X
Provide Displacee Relocation Payments X
Perform Property Management Activities X
Perform R/W Clearance Act/vities X
Prepare and Submit Certification of R/W X
RevieW and Approve Certification of R/W X
Submit Monumentation Layout for Project Monuments X
Review and Approve Agreed Layout for Project Monuments X
Complete New Right of Way Monumentation X
.Pr~epare Record of Surv%v (Post-construction) X
Review and Comment on Record of Survey X
Transfer R/W to State X
- Approve and Record Title Transfer Documents · X
Prepare R/W Record Maps . X
Review and Accept R/W Record Maps X
15
District Agreement No. 4-1820-C
RESPONSIBILITY
STATE CITY
PROJECT ACTMTY
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/h Earthwork Quantities Calculation X
Prepare and Submit BEES Estimate X
Put Estimate in BEES X
Local Review of Preliminary Drainage Plans and
Sanitary Sewer and Adjustment Details X
Prepare and Submit Preliminary. Drainage Plans X
Review Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside Delineation
~ans and Su.bmi.t for Review X
Review Traffic Striping and Roadside Delineation Plans X
Prepare and Submit Landscaping and/or Erosion Control Plans X
· Review ~dscaping and/or Erosion Control Plans X
Prepare and Submit.Pre 'liminary Elecia~cal Plans .~
Review Preliminary Electrical Plans X
Prepare and Submit PTe]irninary Signing Plans X
Review Preliminary Signing Mans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Prepare and Submit Checked Structure Plans X
Review and Approve Checked Structure Plans X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Review and Approve Lane Closure Requirements X
Prepare and Submit Striping Plan X
Review and Approve Striping Plan X
Prepare Final Estimate X
Prepare and Submit Draft PS&E X
Review Draft PS/hE X
FinaJ. i.~.e and-Submit PS/hE to STATE for Approval X
Prepare & Submit Copy of Survey Engineer's File X
Review Survey Engineer's File X
Prepare/h Submit Skeleton Plans {For use in
Future Freeway Maintenance Agreement) X
Prepare & Submit Copy of Resident Engineer's File X
Prepare & Submit all Project Files/h Records X
16
~ ~~~
RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
- OF THE CITY OF DUBLIN
~**~*****
APPROVING AMENDMENT NUMBER 1 TO COOPERATIVE AGREEMENT
WITH STATE DEPARTMENT OF TRANSPORTATION (CALTRANS)
FOR THE IMPROVEMENT OF I-580/TASSAJARA ROAD AND
I-580/FALLON ROAD INTERCHANGES
WHEREAS, on July 18, 2000, the City of Dublin approved the Cooperative Agreement with
Caltrans for the improvement of the I-580/Tassajara Road and I-580/Fallon Road Interchanges; and
WHEREAS, the cooperative agreement will expire on June 30, 2004; and
WHEREAS, City Staff has been working cooperatively with Caltrans on the design and
construction of the I-580/Fallon Road Interchange improvement project; and
WHEREAS, it is necessary to amend the agreement to extend the termination date of the original
agreement to December 31, 2010;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
Amendment No. 1 to the Cooperative Agreement with Caltrans for improvement of the I-580/Tassajara
Road and I-580/Fallon Road Interchanges extending the termination date of the original agreement to
December 31, 2010.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 1 st day of June, 2004.
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:miscproj~I-580-Tass~Reso Caltrans Coop Agmt-Amendmentl 4~'~ 1'~ ~~ ~' r
"v''~'~ v~+9 i~ u~ ~F~ ~~ .~..~ .~,~,Q~~,
;+?"';~~"b NP.rvwy t~ ~
G .. ~ .,..,.~-