Loading...
HomeMy WebLinkAbout4.6 AmdAgmntCltrnsHacndaICCITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 25, 1991 SUBJECT: Amendment to Agreement with Caltrans for Hacienda Interchange I580 Report by: Public Works Director Lee Thompson EXHIBITS ATTACHED: 1) 2) 3) 5) Resolution, including revised Exhibit A Original agreement dated 6/12/89 Letter from Caltrans Letter from FHWA Copy of escrow instructions RECOMMENDATION: Adopt resolution amending agreement and direct City Clerk to forward two certified copies to Caltrans. FINANCIAL STATEMENT: None associated with amendment to agreement. DESCRIPTION: In June of 1989, the City Council approved a Freeway Agreement with Caltrans which pertained to construction of the Hacienda Drive Interchange and its related improvements. One of the requirements that Caltrans had included in the original agreement was that the Hacienda Interchange could not be opened until a frontage road parallel to 1-580 was constructed on the north (Dublin) side of the freeway. Subsequent to the signing of the original agreement, the State allowed the Hacienda Interchange to open prior to construction of the frontage road provided that certain signing and striping improvements were made and approved by Caltrans and that an escrow account was opened to cover the cost of construction of the parallel road from Dougherty Road to Tassajara Road and the connector to the Hacienda Drive Extension. The escrow account has been opened by the City of Pleasanton, as noted in the escrow instructions, Exhibit 5. This escrow account only serves to indicate that there are monies available for the construction. It is not intended to protect Dublin against Pleasanton's failing to perform the work, as there is an escape clause in the escrow instructions that Pleasanton will get the money back if the project has not proceeded after June 1, 1992. Dublin's recourse is to enforce the existing Dublin/Alameda County/Pleasanton agreement, and Caltrans' recourse is to require closure of the Hacienda Interchange. Construction of the Extension of Dublin Boulevard (from Dougherty Road to the SPRR as a Dublin Capital Improvement Project and from the SPRR to Tassajara Road as a Pleasanton project) is presently proposed to take place beginning in approximately March or April of 1992. Although the Hacienda Interchange has already opened, the State has requested that the amendment to the agreement be approved by the City Council. This can be accomplished pursuant to Section 8 of the 1989 agreement which states that the agreement may be amended by mutual consent of the parties. Staff recommends that the City Council adopt the resolution approving the amendment. a:(corres)~nov~agstfwy CITY CLERK I "l loloH-' George Homolka, Pleasanton RESOLUTION NO. -91 A RESOLI~TION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO THE FREEWAY AGREEMENT BETWEEN STATE OF CALIFORNIA AND THE CITY OF DUBLIN DATED JUNE 12, 1989, RELATING TO THAT PORTION OF STATE HIGHWAY ROUTE 580 FROM TASSAJARA ROAD TO 0.1 MILE WEST OF DOUGHERTY ROAD WHEREAS, the State of California and the City of Dublin have entered into a Freeway Agreement dated June 12 ,1989, relating to that portion of State Highway Route 580 from Tassajara Road to 0.1 mile west of Dougherty Road~ and WHEREAS, due to favorable weather and efficient construction, the construction of the Hacienda Drive Interchange was completed ahead of contract schedule~ and WHEREAS, said Freeway Agreement has stipulated that the Hacienda Drive Interchange may not be opened for traffic until (1) streets and roads are developed for local traffic circulation on the north side of 1-580 for the purpose of connecting Dublin Boulevard with Tassajara/Santa Rita Road, and (2) Hacienda Drive is constructed and opened to public traffic between the Hacienda Interchange and Dublin Boulevard (or equivalent); and WHEREAS, according to the present schedule of construction, Hacienda Drive from Hacienda Interchange to Dublin Boulevard (or equivalent) will be completed by October of 1992, and the streets and roads developed for local traffic circulation on the north side of 1-580 for the purpose of connecting Dublin Boulevard with Tassajara/Santa Rita Road will be completed by October of 1992, due to the delay of right-of-way acquisition; and WHEREAS, it is necessary to amend said Freeway Agreement so that the Hacienda Drive interchange can be opened for traffic prior to the completion of construction of the Hacienda Drive extension to Dublin Boulevard Extension as required by said Freeway Agreement; and WHEREAS, the early opening of the Hacienda Drive Interchange is beneficial to the freeway traffic and relieve the traffic congestion in the surrounding areas; and WHEREAS, the Federal Highway Administration (FHWA) by letter of May 17, 1991, to Caltrans has concurred with the early opening of said Interchange subject to the following: 1. Adequate signing and striping of the interchange as approved by Caltrans pending completion of the road system to the north. Establishment of an escrow account to cover the cost of the construction of a parallel road in Dublin from Dougherty Road to Tassajara Road and extension of Hacienda Drive north to the parallel road. WHEREAS, the plan map attached hereto marked Revised Exhibit A has been prepared by the Department of Transportation showing the amendment to said Freeway Agreement by removing the notation at Hacienda Drive Interchange conditioning the opening of said Interchange for traffic prior to the completion of construction of the Hacienda Drive extension to Dublin Boulevard Extension as required by said Freeway Agreement; and WHEREAS, the State of California, through its Department of Transportation, requests that the City approve by Resolution said amendment as shown on the attached map marked Revised Exhibit A and said conditions as stated in the letter dated May 17, 1991, from FHWA to Caltrans and further consentm ~o said amendment; and WHEREAS, said amendment and conditions have been reviewed and approved by the City's Public Works Director; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the amendment to said Freeway Agreement dated June 12, 1989, to remove the notation shown on Exhibit A map at Hacienda Drive Interchange and the said conditions as stated in the letter dated May 17, 1991, from FHWA to Caltrans so that the Hacienda Drive Interchange is opened for traffic prior to the completion of construction of the Hacienda Drive extension to Dublin Boulevard Extension as required by said Freeway Agreement. PASSED, APPROVED AND ADOPTED this 25th day of November, 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:(corres)~nov~resofwy REVISED EXHIBIT A LEGEND FREEWAY AND CONNECTIONS RIGHT OF WAY AND CONSTRUCTION BY OTHERS PLEASANTON T'E 580 City Limits To Oak/and DUBLIN Attachment to Resolution No Amendment to Freeway Agreement Between State of California And City of Dublin Doted June 12, 1989 Scale in-Feet 0 400 800 04-Ala-580-P.M. 17.9/20.0 In the City of Dublin from Tassajara Road to 0.i mile west of Dougherty Road FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this l~ ~ day of .~ , 19~$ by and between the STATE OF CA~.IFORNIA, acting by and through the Department of Transportation (herein referred to as "STATE"), and the City of Dublin (herein referred to as "CITY"), WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolutions of the California Highway Commission on October 30, 1947; and December 15, 1949; and WHEREAS, STATE and the County of Alameda have entered into a Freeway Agreement dated February 15, 1965, and a Supplemental Freeway Agreement dated April 24, 1967, relating to that portion of State Highway Route 580 from 0.3 mile east of Tassajara Road to 0.7 mile west of Hopyard Road; and WH~RE'AS, CITY has subsequently annexed certain areas including portions of such freeway covered by said Freeway Agreement and Supplemental Freeway Agreement with the £oun~y of Alameda dated February 15, 1966 and April 24, 1967; and WHEREAS, a revised plan map for such free~.~ay has been prepared showing the proposed plan of the STATE as it affects street of the CITY; and WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; NOW, THEREFORE, IT IS AGREED: 1. This Agreement supersedes that portion of said Freeway Agreement dated February 15, 1966, and Supplemental Freeway Agreement dated April 24, 1967, from Tassajara Road to 0.1 mile west of Dougherty Road. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage road and other local roads, and other construction affecting CITY streets, all as shown on said plan map attached hereto marked Exhibit A, and made a part hereof by this reference. 3. STATE in the construction of said freeway wil!, at STATE's expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibi~ A, except that at Tassajara Road and Hacienda Drive the construction cost for the interchange modification and the new interchange and the auxiliary lanes extending west to Routes 680/580 interchange shall be borne .by locally obtained funds. 4. STATE agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alteration of CITY streets, frontage roads, and other local roads, and CITY hereby authorizes STATE to acquire in its behalf al! such necessary right of way, except that the cost of right of way required to improve and construct the interchanges at Tassajara Road and Hacienda Drive and the auxiliary lanes extending west to Routes 680/580 interchange shall be borne by locally obtai~ed funds. 5. That the right of way may be acquired in sections or units, and that both as to the acquisition of right of way and the construction of the freeway project, the obligations of STATE hereunder shall be carried out at such time and for such unit or units of the project as funds are budgeted and made !awf~tly available for such expenditures. 6. T~at the Hacienda Drive Interchange may not be opened for traffic until (1) streets and roads are developed for local traffic circulation on the north side of 1-550 for the purpose of connecting Dublin Boulevard with Tassajara/Santa Rita Road, and (2) Hacienda Drive is constructed and opened to public traffic between the Hacienda Interchange and Dublin Boulevard (or equivalent). Both Dublin Boulevard (or equivalent) and Hacienda .Srive shall initially contain at least one traffic lane in each direction and shall reserve sufficient r'ight of way to permit future expansion to accommodate planned growth. 7. CITY will accept control and maintenance over each of the relocated or reconstructed CITY streets, and the frontage roads, and other STATE constructed local roads on receipt of written notice to CITY from STATE that the work thereon has been completed, except for any portion which is adopted by STATE as a part of the freeway proper. CITY will accept title to the portions of such roads lying outside the freeway limits, upon relinquishment by STATE. 8. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation, of tl~e whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. STATE OF CA'_IFORNIA Department of Transportation ROBERT K. BEST Director of Transportation ~hief, (~ffice o_f Project Planning and Design APPROVED AS TO FOR,',~: ~torn~y (State)~ THE CITY OF DUBLIN APPROVED AS TO FORM: ~.~.~.~ Attorney (City) EXHIBIT A Agreement date June 12, 1989 LEGEND FREEWAY AND CONNECTIONS RIGHT OF WAY AND CONS.TRUCTION BY OTHERS STATE OF DEPARTMENT OF 04-Ala-580-PM 17.9 TO CALIFORNIA TRANSPORTATION PM 20,0 FREEWAY 0.1 IN THE CITY OF DUBLIN FROM TASSAdARA ROAD TO MILE WEST OF DOUGHERTY ROAD 0 Scale in Feet 400 800 1200 LIMIT OF AGREEMENT PM 17.9 COUNTY D U B L I N , '~ S A :iendo Dr l?C may not be ~ened until Local Rood System the northside of Route 1-580 is completed to provide occe$$ between Hociend~ Dr I/C and Dougl~erfy Rood ond Rood. N T 0 N ~ DR C/'fy L/ml'ts~ -- E~ Construct,'on by SANTON LIMIT OF AGRE P M 20.0 ~T DUBLIN STATE OF CALIFORNIA--BUSINESS, TRANSPC 3N AND HO~SING AGENCY PETE WILSON, DEPARTMENT OF TRANSPORTATION BOX 7310 SAN FRANCISCO, CA 9412~... (415) 923-4~. 't 4 June 11, 1991 04-Ala-580-PM i7.9/R20.5 04186-115931 Mr. Richard C. ~brose City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Mr. Ambrose: Attached for your review is a suggested Resolution to amend the current Freeway Asreement dated June 12, 1989, relating to that portion of State Highway Route 580 from Tassajara Road to 0.1 mile west of Douyherty Road. This Resolution of Change has been prepared to cover the removal of notation on the Freeway Agreement map at Hacienda Drive Interchange allowing the Interchange to be opened for -traffic'in June, 1991, prior to the completion of construction of the Hacienda Drive extension to Dublin Boulevard Extension as required by the Freeway Agreement. Please note that FP~A by letter of May 17, 1991 has concurred with the early openinw of the Hacienda Drive Interchange subject to the following conditions, copy at%ached: !. Adequate signing and striping of the interchange as proposed pending completion of the road system to the north. 2. Establishment cf an escrow account to cover the cost of the construction of a parallel road in Dublin from Douwherty Road to Tassajara Road and extension of Hacienda Drive north to the parallel road. Mr. Richard C. ~Ambrose Pa~e 2 June 11, 1991 If the attached Resolution meets with your approval, please process it for the City Council's action at its next regular meetin~ and re%urn two certified copies of the approved Resolution to this office. If you have any questions regarding this matter, please call Rubin Woo at (415) 923-4339. Sincerely yours'~ PRESTON W. KELLEY District Director LINCOLN CHU Deputy District Director Attachment U.S. DEPAI{TM]51~-f OF Tt~E~SPORTA~ON FEDEKAL }iIGI-i~A.Y AD1VENIST'KATiON . REGION NINE r. ALI FORNIA DIVISION p.o. Box 1915 Sacramento, California 95812-1915 ~P, INIA NEVADA HAW~4I GUAM A.M~ SA.MCA N. k~A!=JANA IS. May 17, 1991 F,_r. Preston W. Kelley, Director C~_LTRA_NS, District 04 P.O. Box 7310 San Francisco, California 94120 -5so-1( ) 4-Ala-580 18.2) 19.7 Hacienda Drive IC Attention: Mr. Lincoln Chu Dear Mr. Kelley: We have reviewed your May 3, 1991 letter regarding the opening of the Hacienda Drive Interchange. We concur with your proposal to open the interchange i~ediate!y following completion of construction, subject to the following conditions as outlined in your letter: Adequate signing and striping of the inter6hange as you proposed pending ccm~!etien of the road system to.the north. Establishment of an escrow account to cover the cost of the construction of a parallel road in Dublin from Dougherty Road to Tassajara ~oad and extension of Hacienda Drive north to the parallel road. If you have any questions please contact Lee Onstott at (916) 551-1314. Sincerely yours, For Lyle P. Renz Acting Division Administrator ESCROW AGRER~RNT This Escrow Agreement entered into on 19 , by and between the BA~iK OF A~.~iCA,--~reinafter referred to ~s Escro'~ Agar, ~d ~e Ci~ OF p~~oN, here~after referred to as W~P~, by .sep~te ~e~ent, Pleas~ton has a~eed desi~ and const~ct a ~o-l~e road; and ~R~s, ~.ough desi~ of ~s road has be~ actual const~ion has not st~ed at tb~s t~e; ~d ...... ~e Fede~i 5~ gh~y A~nist~tion has ~hat ......... . . · s~ of $3.5 ~l!ion, wn~ca s~ ~s ~e est~atad cost of cons~ct~g ~e road; ~d ~As, Escrow Agent ham indicated ~t it is willing, is cap~!e, to hol~ ~d invest thee ~ds for p!eas~ton. provided here~. NOW, ~F0~ for ~e consid~tion ~ereinafter set fo~, Escrow Agent ~ cit~ a~ee as follows: 1. city-shall deposit with.Escrow' Agent tb.e sum of $3.5 million. 2. ESCROW Agent sh~!! invest the funds .in those securities ider~tified in california Government code, 53601, as that section may be a~ended from t~e to time; -to that end, Escrow Agent may accept and act upon the oral instructions of Susan Rossi, Finance Director of Pleas~nton, as to the investment of the funds held in escrow. 3. Upon the Ci~-'s letting of a construction contract for ~he two !~_ne road,, or on 'June 1, 1992, whichever oc~lrs earlier, Escrow Agent shall release the funds, plus ~nY interest earned thareon, to p!easanton. Pleas~nton shall notify the Escrow' Agent in ~ritLng when the construction contract is let. . ..4.; The c~nera! Provisions set forth on the ~ttached Ew~ "A" ~_re incorporated herein by reference. ~scrow Agreement June 3, 199! ~age Two in witness whereof~ the pa_~ties hereuo have caused the Agreement to be d~ly executed by their proper officers on the day and-year set out CITY OF PT.~.ASANTON D~BoRA~- A. ACOSTA, City l~an~ger BAh-K OF D/W2ERICA