RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Approve A First Amendment To The Agreement For Maintenance Of State Highways In The City Of Emeryville As It Relates To The Construction Of The Storm Drain Large Trash Separator Project, Project No. EPW-18107 (CIP No. 18475009)
WHEREAS, the City has developed a Long-Term Trash Reduction Plan that identifies trash generating areas of the City and specifies actions to be implemented to address specific areas; and
WHEREAS, on December 20, 1989, the City of Emeryville entered into an “Agreement for Maintenance of State Highways in the City of Emeryville”; and WHEREAS, on December 18, 2018. the City Council authorized the City Manager to enter into a professional services agreement with Schaaf and Wheeler Consulting Civil Engineers to perform feasibility studies for implementing large trash separators in Emeryville; and
WHEREAS, on June 15, 2021, the City Council approved a Cooperative Implementation Agreement (CIA) for project funding from the California Department of Transportation (Caltrans), whereby Caltrans will provide $680,000 in funding for this project; and WHEREAS, on July 5, 2022 the City Council authorized the City Engineer to advertise the construction project for public bidding and to purchase equipment necessary for installation; and
WHEREAS, the City has applied for an encroachment permit with Caltrans for the installation of the trash separator unit on West Macarthur Boulevard near Emery Street; and
WHEREAS, as a condition of issuing the encroachment permit, Caltrans is requiring the execution of Amendment Number 1, adding the trash capture device to the existing maintenance agreement; and
WHEREAS, this Amendment does not add unforeseen costs or responsibilities to the City, and there is sufficient funding in the City’s maintenance budget to conduct this maintenance; and now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute Amendment Number 1 to the Agreement for Maintenance of State Highways in the City of Emeryville.
BE IT FURTHER RESOLVED, by the City Council of the City of Emeryville that execution of Amendment Number 1 to the Agreement for Maintenance of State Highways in the City of Emeryville is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities) because it authorizes maintenance to and minor alterations of existing storm drain facilities.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 Resolution No. _____
Contract Award – Hydrodynamic Separator Project - Award City Council Meeting | October 18, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 18, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 Exhibit A
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 AMENDMENT NUMBER 1
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
IN THE CITY OF EMERYVILLE
This Amendment No. 1 to the "Agreement for Maintenance of State Highways" is made and entered into by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE”, the City of Emeryville, hereinafter referred to as "CITY”.
WITNESSETH:
WHEREAS, an Agreement for Maintenance of State Highways in the City of Emeryville hereinafter referred to as “AGREEMENT “, as provided for in Section 130 of the Streets and Highways Code, was executed on December 20, 1989; and WHEREAS, said Agreement by its terms provides that it may be amended at any time upon mutual consent of the parties; and
WHEREAS, CITY desires to maintain improvements on Route 123 (W. MacArthur Blvd.) at 300 feet east of Emery Street to be constructed under a STATE issued Encroachment Permit No. __________________; consisting of trash capture device; and WHEREAS, the parties hereto now desire that said AGREEMENT to be amended.
NOW, THEREFORE, the parties agree to amend AGREEMENT as follows:
1. AGREEMENT shall be amended in accordance with the attached Section H.
DELEGATION OF MAINTENANCE -page number 6. This page shall be substituted for like numbered pages in said AGREEMENT, and shall cancel and supersede previously like numbered page, becoming a part of said AGREEMENT for all purposes.
2. TERM OF AGREEMENT AMENDMENT - This Amendment shall become effective on the date as shown below and shall remain in full force and effect until amended or terminated at any time upon mutual consent of PARTIES or until terminated by STATE for cause.
Exhibit B
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 PARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Amendment.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
CITY OF EMERYVILLE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
_____________________________
City Manager
ATTEST: By: _____________________________________
LEAH BUDU DATE
Deputy District Director
_____________________________ Maintenance District 4
City Clerk
APPROVED AS TO FORM:
_____________________________
City Attorney
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 H. DELEGATION OF MAINTENANCE:
The specific maintenance function indicated below (and on "EXHIBIT A") is hereby delegated to the CITY. This delegation of maintenance function set forth herein does not include areas and functions of which the control and maintenance rest with the local authority under the terms of Freeway Agreements and/or Freeway Maintenance Agreements.
ROUTE
NO.
13 80
123a
123b
LENGTH
MILES
0. 17
1.22 0. 16
0.62 PROGRAM
DELEGATED
None
None
None
DESCRIPTION OF ROUTING
Ashby Avenue connection
from Eastshore Freeway,
Route 80, to north city
limits; a length of approximately 0.17 mile.
Eastshore Freeway from
south city limits to n
north city limits; a
length of approximately
1.22 miles.
On and off-ramps of MacArthur Freeway from south
city limits near Watts
Street to San Pablo Avenue; a length of approximately 0.16 mile. (Footnote 3)
San Pablo Avenue from
MacArthur Boulevard to
north city limits at
Temescal Creek; a length
of approximately 0.62 mile.
(Footnote 1,2,3)
HM2C
HM2D
HM2E
HM4K
1. Length of street to be cleaned 1.7 curb miles.
MAXIMUM
ANNUAL
AUTHORIZED
EXPENDITURE
0.00 0.00
0.00 $ 0.00
2,700.00
0.00 2,400.00
$5,100.00
-6-
AMENDMENT NO. 1
EFFECTIVE_________
2. City will maintain median landscaping and be responsible for any costs therein.
3. City will maintain improvements constructed under an Encroachment Permit including, but no limited to: landscaped areas or other ornamental plantings;sidewalks; curbs and gutter;non-state standard materials;non-state standard equipment; pavement markings or pavement treatments in and near crosswalks; and any items installed in drainage structures(including trash capture device), at no cost to the State.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3