HomeMy WebLinkAbout4.5 Cooperative Agreement with Alameda County Transportation Commission for the Green Stormwater Infrastructure ProjectAgenda Item 4.5
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: February 7, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Cooperative Agreement with Alameda County Transportation Commission
for the Green Stormwater Infrastructure Project
Prepared by: Laurie Sucgang, City Engineer and Shannan Young,
Environmental and Sustainability Manager
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Alameda County Transportation
Commission (Alameda CTC) to allow for the City's Green Stormwater Infrastructure project to be
modified to accommodate the Caltrans' SR84 Expressway Widening and SR84/I-680 Interchange
Improvements project, for which Alameda CTC is the lead implementing agency. The agreement
provides for the responsibility of each party, as well as the cost split.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Cooperative Agreement with Alameda County Transportation
Commission for the Green Stormwater Infrastructure Project.
FINANCIAL IMPACT:
As approved in the 2022-2027 Capital Improvement Program (CIP), the total budget for the Green
Stormwater Infrastructure Project, CIP No. ST0121, is $2,153,375. The estimated consultant cost
for the preliminary engineering, environmental clearance and permitting, and final design for the
Green Stormwater Infrastructure - Iron Horse Trail, South of Amador Valley Boulevard portion of
the project is $314,250. Alameda County Transportation Commission will fund and reimburse the
City 75% of this amount. A subsequent agreement covering the costs and funding for the
construction phase and long-term operation and maintenance will be brought to the City Council
for consideration at a future date.
DESCRIPTION:
The 2022-2027 Capital Improvement Program (CIP) includes the Green Stormwater
Infrastructure Project (CIP No. ST0121, Attachment 3), which provides for planning, design, and
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construction of various citywide projects that will improve water quality and provide other
environmental benefits in accordance with the Green Stormwater Infrastructure Plan, which was
approved by the City Council on June 18, 2019. One of the projects included in this CIP is the Green
Stormwater Infrastructure - Iron Horse Trail, South of Amador Valley Boulevard project (GSI
Project) to treat stormwater runoff from the adjacent neighborhoods prior to discharge into South
San Ramon Creek and Alamo Creek. The preliminary engineering for the GSI Project began in
September 2022.
Alameda County Transportation Commission (Alameda CTC) is the lead agency implementing the
Project Approval and Environmental Document, Plans, Specifications & Estimate, and Right -of -
Way phases of the SR84 Expressway Widening and SR84/I-680 Interchange Improvements
project (Alameda CTC Project), including the improvements to meet stormwater treatment and
flow control requirements specified in the San Francisco Bay Regional Water Quality Control
Board (RWQCB). Caltrans and the RWQCB have approved off -site stormwater treatment and flow
control for the Alameda CTC Project.
The City's GSI Project can accommodate the requirements of the Alameda CTC Project by
incorporating modifications to increase the tributary area of impervious surface and incorporate
flow control, so long as Alameda CTC reimburses the City for the additional costs.
The proposed Cooperative Agreement covers the preliminary engineering, environmental
clearance and permitting, and final design phase of the combined project. Consultant costs for this
phase of the project are estimated at $314,250. The Cooperative Agreement establishes that
Alameda CTC funds 75% of these costs, participates in project review, and agrees to future
agreements for project construction and long-term project maintenance. Staff will return to the
City Council with subsequent agreements or amendments for the construction phase and long-
term operation and maintenance for the City Council's consideration.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report was provided to Alameda County Transportation Commission. The City
Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Cooperative Agreement with Alameda County Transportation
Commission for the Green Stormwater Infrastructure Project
2) Exhibit A to the Resolution - Cooperative Agreement Between Alameda County Transportation
Commission and City of Dublin, Alameda CTC Agreement No. A23-0012
3) CIP No. ST0121
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Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE COOPERATIVE AGREEMENT WITH ALAMEDA COUNTY
TRANSPORTATION COMMISSION FOR THE GREEN STORMWATER INFRASTRUCTURE
PROJECT
WHEREAS, the City is performing preliminary engineering, environmental clearance and
permitting, and final design phase for the Green Stormwater Infrastructure — Iron Horse Trail,
South of Amador Valley Boulevard project, CIP No. ST0121, (City Project) to treat stormwater
runoff from the adjacent neighborhoods prior to discharge into South San Ramon Creek and
Alamo Creek; and
WHEREAS, Alameda County Transportation Commission (Alameda CTC) is the lead
agency implementing the Project Approval and Environmental Document, Plans, Specifications &
Estimate and Right of Way phases of the SR84 Expressway Widening and SR84/I-680
Interchange Improvements project (Alameda CTC Project), including the improvements to meet
stormwater treatment and flow control requirements specified in the San Francisco Bay Regional
Water Quality Control Board (RWQCB) Clean Water Act Permit 401 Certification No.
WDID#2CW435077; and
WHEREAS, the California Department of Transportation (Caltrans) and the RWQCB have
approved off -site stormwater treatment and flow control for the Alameda CTC Project; and
WHEREAS, the City Project can accommodate the above -referenced requirements of the
Alameda CTC Project, if the City Project incorporates certain modifications to increase the
tributary area of impervious surface and incorporate flow control; and
WHEREAS, the City is willing to modify the City Project to assist Alameda CTC in meeting
these requirements, so long as Alameda CTC reimburses the City for the additional costs, further
described in the Cooperative Agreement, Alameda CTC Agreement No. A23-0012, attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Cooperative Agreement with Alameda CTC, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement and make any necessary, non -substantive changes to carry out the intent of this
Resolution.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 60
PASSED, APPROVED AND ADOPTED this 7th day of February 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 61
Attachment 2
Alameda CTC Agreement No. A23-0012
COOPERATIVE AGREEMENT
BETWEEN
ALAMEDA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF DUBLIN
Caltrans Project: SR84 Expressway Widening and SR84/I-680 Interchange Improvements
Dublin Project: Green Stormwater Infrastructure — Iron Horse Trail, South of Amador
Valley Boulevard
This COOPERATIVE AGREEMENT ("Agreement"), dated for reference purposes only as of
January _, 2023, is entered into by and between the City of Dublin ("City"), a municipal
corporation, and Alameda County Transportation Commission ("Alameda CTC"), a joint powers
agency. This Agreement shall become effective on the date the same is fully -executed by both
parties ("Effective Date").
RECITALS
A. City is performing preliminary engineering, environmental clearance and permitting, and
final design phase for the Green Stormwater Infrastructure — Iron Horse Trail, South of
Amador Valley Boulevard project ("City Project") to treat stormwater runoff from the
adjacent neighborhoods prior to discharge into South San Ramon Creek and Alamo Creek.
B. Alameda CTC is the lead agency implementing for Project Approval and Environmental
Document (PA&ED), Plans, Specifications & Estimate (PS&E) and Right of Way phases
of the SR84 Expressway Widening and SR84/I-680 Interchange Improvements project
("Alameda CTC Project"), including the improvements to meet stormwater treatment
and flow control requirements specified in the San Francisco Bay Regional Water Quality
Control Board ("RWQCB") Clean Water Act Permit 401 Certification No.
WDID#2CW435077.
C. The California Department of Transportation ("Caltrans") and the RWQCB have
approved off -site stormwater treatment and flow control for the Alameda CTC Project.
D. City Project can accommodate the above -referenced requirements of the Alameda CTC
Project, if the City Project incorporates certain modifications to increase the tributary area
of impervious surface and incorporate flow control.
E. City is willing to modify the City Project to assist Alameda CTC in meeting these
requirements, so long as Alameda CTC reimburses City for the additional costs.
F. The total estimated cost for the preliminary engineering, environmental clearance and
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Alameda CTC Agreement No. A23-0012
permitting, and final design phases for the City Project, as modified to accommodate the
requirements of the Alameda CTC Project related to stormwater treatment and flow
control, is $314,250.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
SECTION I
ALAMEDA CTC AGREES:
A. To fund 75% of $314,250 for the preliminary engineering, environmental clearance and
permitting, and final design phase costs for the City Project, as modified to accommodate the
requirements of the Alameda CTC Project related to stormwater treatment and flow control.
B. To remit payment to City within thirty (30) days of receipt of an invoice from City for
reimbursement of City's consultant costs incurred in performing the preliminary engineering,
environmental clearance and permitting, and final design work for the City Project, as
modified to accommodate the requirements of the Alameda CTC Project related to stormwater
treatment and flow control.
C. To review and provide comments on draft documents produced during the preliminary
engineering, environmental clearance and permitting, and final design phases to ensure
consistency with the mitigation requirements, and provide comments thereon to City within
thirty (30) days after receipt thereof
D. To assist in obtaining the review and approval from Caltrans and RWQCB, as necessary, for
any documents produced during the preliminary engineering, environmental clearance and
permitting, and final design phases that may require review and/or approval from such
agencies.
E. To enter into an agreement with City for the construction and construction management
phases of City Project, as modified to accommodate the requirements of the Alameda CTC
Project related to stormwater treatment and flow control.
F. To enter into an agreement with the City for the long-term maintenance and establish Alameda
ATC funding for the City Project, as modified to accommodate the requirements of the
Alameda CTC Project related to stormwater treatment and flow control. The long-term
maintenance agreement shall include various compliance requirements of the 401 Certification
issued by the RWQCB.
SECTION II
2
63
Alameda CTC Agreement No. A23-0012
CITY AGREES:
A. To oversee and complete preliminary engineering, environmental clearance and permitting,
and final design phase for City Project, as modified to accommodate the requirements of the
Alameda CTC Project related to stormwater treatment and flow control.
B. To inform Alameda CTC of progress and key findings as they are developed and seek input
during preliminary engineering, environmental clearance and permitting, and final design.
C. To invoice Alameda CTC for reimbursement of City's consultant costs incurred in performing
the preliminary engineering, environmental clearance and permitting, and final design.
D. To enter into an agreement with Alameda CTC for the construction and construction
management phases of City Project, as modified to accommodate the requirements of the
Alameda CTC Project related to stormwater treatment and flow control.
E. To respond to comments provided by Alameda CTC, RWQCB, and Caltrans on draft
documents.
G. To enter into a long-term maintenance agreement with Alameda CTC to establish Alameda
CTC funding for the City Project, as modified to accommodate the requirements of the
Alameda CTC Project related to stormwater treatment and flow control. The long-term
maintenance agreement shall include various compliance requirements of the 401 Certification
issued by the RWQCB.
F. City shall require the professional consultant(s) and subconsultants performing the work
required hereunder to name Alameda CTC, its governing body, officers, employees and
consultants as additional insureds on the same terms as City is so named on all insurance
required by City for the City Project.
SECTION III
IT IS MUTUALLY AGREED:
A. This Agreement constitutes the entire agreement between the parties regarding the subject
matter hereof and any oral discussions or written or oral agreements with respect thereto
preceding the effective date of this Agreement are superseded hereby. No amendment,
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.
B. Alameda CTC and the City each render their services under this Agreement as independent
agencies. None of the agents or employees of either shall be deemed agents or employees
of the other.
C. Any notice given under this Agreement shall be in writing and shall be deemed given if
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Alameda CTC Agreement No. A23-0012
delivered personally or mailed by registered or certified mail or commercial overnight
courier, return receipt or confirmation of delivery requested, or by facsimile transmission
with voice confirmation of receipt, the parties at the following addresses (or at such other
address for a party as shall be specified by like notice):
If to City: If to Alameda CTC:
Linda Smith, City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
linda.smith@dublin.ca.gov
Tess Lengyel, Executive Director
Alameda County Transportation Commission
1111 Broadway, Suite 800
Oakland, CA 94607
tlengyel@alamedactc.org
[signatures on following page]
4
65
Alameda CTC Agreement No. A23-0012
In witness whereof, the parties hereto have executed this Agreement by their duly authorized
officers.
CITY OF DUBLIN
By:
Linda Smith
City Manager
Approved as to form:
By
John Bakker
City Attorney
5248119.1
ALAMEDA COUNTY
TRANSPORTATION COMMISSION
By:
Tess Lengyel
Executive Director
Recommended for Approval:
By:
Gary Huisingh
Deputy Executive Director of Projects
Reviewed as to Budget/Financial Controls:
By:
Patricia Reavey
Deputy Executive Director of Finance and
Administration
Approved as to form and procedure:
By:
Fennemore Wendel
Legal Counsel for Alameda CTC
5
66
Attachment 3
Number ST0121 GREEN STORMWATER INFRASTRUCTURE
Program
STREETS
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of various citywide projects that will improve water quality and provide other environmental benefits in accordance
with the Green Stormwater Infrastructure (GSI) Plan, which was approved by City Council on June 18, 2019. The GSI Plan and associated implementing projects, as well as trash
load reduction requirements, are mandated by the Municipal Regional Stormwater Permit (MRP). Projects include: stormwater full trash capture device installation throughout the
City, and construction of GSI associated with phase one of the Iron Horse Nature Park and Open Space Project. GSI planning and planning for the installation of trash capture
devices began in FY2021-22.
This project is funded by a General Fund Reserve set aside for this purpose.
ANNUAL OPERATING IMPACT: To be determined. On -going operations and maintenance (O&M) expenditures for installed facilities are required, but may be equal to
current maintenance expenditures, particularly for retrofit and replacement projects. For completely new projects, O&M costs are estimated at 1.3% of construction cost for parcel
based GSI or regional stormwater controls, and 3.6% of construction costs for green street projects.
ESTIMATED COSTS
PRIOR
YEARS
9100
Salaries & Benefits
9200
Contract Services
9400
Improvements
9500
Miscellaneous
2021-2022
BUDGET
$48,500
2022-2027 CAPITAL IMPROVEMENT PROGRAM
2022-2023
$325,070
$47,840
2023-2024
$286,295
$1,433,670
$9,000
$3,000
2024-2025 2025-2026 2026-2027
FUTURE
YEARS
TOTALS
$96,340
$611,365
$1,433,670
$12,000
TOTAL
$382,570 $1,770,805
$2,153,375
FUNDING SOURCE
PRIOR
YEARS
2021-2022
BUDGET
2022-2023
2023-2024
2024-2025
2025-2026
2026-2027
FUTURE
YEARS
1001 General Fund
TOTAL
$382,570
$382,570
$1,770,805
$1,770,805
$2,153,375
$2,153,375
ANNUAL OPERATING IMPACT