HomeMy WebLinkAboutAgenda Bill 3B 04/19/2010~ p, ~' U~
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DATE: April 19, 2010
,4 g~.v~.da' ItP,viv # 3.3
TO: Honorable Mayor and Members of the.City Council through City Manager
FROM: Vincent Marengo, Director of Public Works
SUBJECT: Resolution Authorizing the City Manager to Execute Amendment No. 1 to
the Cooperative Funding Agreement between the Sonoma County
Transportation Authority (SCTA) and the City of Petaluma for the East
Washington Interchange Project RDA100280 Segment C-1 Component of the
Marin Sonoma Narrows Segment C (MSN-C) Project
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City
Manager to execute Amendment No. 1 to the Cooperative Funding Agreement between the
Sonoma County Transportation Authority (SCTA) and the City of Petaluma for the East
Washington Interchange Project RDA100280 Segment C-l component of the Marin Sonoma
Narrows Segment C (MSN-C) Project.
BACKGROUND:
On June 1, 2009, the City Council approved the cooperative agreement between the City of
Petaluma and SCTA, which outlined the construction funding requirements.
The East Washington project will improve two quadrants of the interchange -southwest and
northeast - by widening and improving the existing southbound on-ramp and constructing a new
on-ramp, bridge,~and retaining wall in the northbound direction.
The East Washington Interchange (C-1) Project has environmental clearance (PA/ED) and is
approximately 100% complete with design. The remaining tasks include:
• Final design (PS&E) review by Caltrans District Office and Headquarters
• Right of way support engineering and capital outlay associated with utility relocation and
environmental mitigation
• Right of way dedication or purchase from Plaza North, Plaza South and Regency Centers
Agenda Revie
Dept. Directo City Attorney Finance Director_ City Manage
Advertisement, award and approval of the construction contract
Construction
Based on the current status of the project, it is anticipated the schedule for project delivery will
be as follows:
Design (PS&E) Complete October 2010
R/W Complete November 2010
Advertise, Award, Approve April 2011
Construction Start May 2011
DISCUSSION:
The financial plan as outlined in the original agreement between SCTA and the City of Petaluma
is shown in the table below:
PROJECT FINANCIAL PLAN
Fundin Pg lan by Fund Source and Development Phase (Funds in Thousands)
FUND PS&E ROW ROW CON CON TOTAL
SOURCE SUP CAP SUP CAP
CITY $1,700 $ 150 $1,000 $ 0 $1,150 $4,000
(100%) (100%) (66.7%) (0%) (7.2%)
Measure M $ 0 $ 0 $ 500 $ 300 $ 2,050 $2,850
(101) (0%) (0%) (33.3%) (15%) (12.8%)
Federal $ 0 $ 0 $ 0 $ 700 ~$ 12,800 $13,500
SAFETEA-LU (0%) (0%) (0%) (35%) (80.0%)
Federal $ 0 $ 0 $ 0 $ l ,000 $ 0 $ 1,000
appropriation (0%) (0%) (0%) (50%) (0%)
TOTAL $1,700 $150 $1,500 $2,000 $16,000 $21,350
(100%) (100%) (100%) (100%) (100%)
Note: Measure M funding for ROW CAP of $500,000 is for off-site environmental
mitigation. SCTA is implementing agency for off-site environmental mitigation.
The development of the original financial plan was based on preliminary engineering design.
Final detailed engineering design work is essentially completed. The location of the new
northbound on-ramp, bridge, and retaining wall has resulted in far more utility relocation work
than originally estimated. Major PG&E vaults and transmission lines must be relocated out of
the new project limits. The area available to relocate the utilities outside the new Caltrans right-
of-way and between the existing buildings at the backside of the Plaza South shopping center is
extremely limited. The constraining features and the requirement to relocate existing PG&E
2
facilities out of the right-of--way will increase the cost of utility engineering and utility facilities
relocation.. Additional easements will also need to be acquired. The increased cost of utility
relocation has increased the estimates for right-of--way support and right-of--way capital.
Construction support costs have been increased, from 12.5% to approximately 15% of the
construction capital budget. This increase was requested by Caltrans for their construction
support activities and includes construction design services from the consulting design engineer.
The overall project budget has not increased as the estimate for construction capital has
decreased with better design estimates based on final design drawings and the current
construction bidding climate. The cost share between SCTA and the City of Petaluma remains
the same as outlined in the original agreement. The financial plan as outlined in the amended
agreement between SCTA and the City of Petaluma is shown in the table below:
AMENDED PROJECT FINANCIAL PLAN
Fundin Pg lan by Fund Source and Development Phase (Funds in Thousands)
FUND PS&E ROW ROW CON CON TOTAL
SOURCE SUP CAP SUP CAP
CITY $1,700 $ 150 $1,930 $ 220 $ 0 $4,000
Measure M $ 0 $ 100 $1,270 $ 250 $ 1,230 $2,850
(101)
Federal $ 0 $ 0 $ 0 $ 700 $ 12,800 $13,500
SAFETEA-LU
Federal $ 0 $ 0 $ 0 $1,000 $ 0 $ 1,000
appropriation
TOTAL $1,700 $250 $3,200 $2,170 $14,030 X21,350
Note: Measure M funding for ROW CAP of $504,000 is for off-site environmental
mitigation and SCTA is the lead agency for off=site environmental mitigation.
Measure M funding for ROW SUP of $100,000 is for final right-of--way engineering.
SCTA will enter into a cooperative agreement with Caltrans for final right-of--way
engineering. City funding for CON .SUP of $220,000 is for design services during
construction, as the City is the lead agency for design services during construction.
3
FINANCIAL IMPACTS:
Total Cost of Proposal or Project:
Amount Budgeted:
Name of Fund:
Account Number:
Current Project Balance:
ATTACHMENTS
$41VI
$4M
PCDC admin/program
RDA 100280
$3,006,137.72 (remaining of City's $4M contribution)
1. Resolution
2. Original cooperative agreement between the City and SCTA
4
ATY~-CHnAEN~' 1
RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE .AMENDMENT NO. 1 TO THE
COOPERATIVE AGREEMENT BETWEEN THE SONOMA COUNTY
TRANSPORTATION AUTHORITY (SCTAj ANI)'THE CITY OF PETALUMA FOR
THE EAST WASHINGTON INTERCHANGE PROJECT RDA100280 SEGMENT C-1
COMPONENT OF THE MARIN SONOMA NARROWS SEGMENT C (MSN-C)
PROJECT
WHEREAS, at its meeting of December 29, 2005, the Petaluma Community
Development Commission authorized allocation of $4M .from. PCDC account undesignated fund
balance to the East Washington Interchange component (Project RDA 100280) of the MSN-C
Project for right-of--way acquisition and construction of the ramp improvements to the East
Washington Interchange component of the MSN-C Project;.arid
WHEREAS, on January 26, 2009, the Petaluma Community Development Commission
adopted the findings, made in accordance with California Health and Safety Code Section 33445,
for expenditure of these tax increment funds to pursue right-of-way acquisition, construction of
the East Washington Interchange component, and full design of the MSN-C Project; and
WHEREAS, the City Council consented to the expenditure of said funds to undertake
these Public Improvements; and
WHEREAS, in order to proceed, the City of Petaluma and the Sonoma County
Transportation Authority entered into a cooperative funding agreement, dated October 26, 2009,
for contribution of construction funding.
WHEREAS, the constraining features and the requirement to relocate existing PG&E
facilities out of the new Caltrans right-of--way will increase the .cost of utility engineering and
utility facilities relocation. Additional easements will also need to be acquired. The increased
cost of utility relocation has increased the estimates for right-of--way support and right-of--way
capital.
NOW THEREFORE, BE IT RESOLVED, that the Petaluma City Council authorizes
the City Manager to execute Amendment No. 1 to the Cooperative Agreement between the City.
of Petaluma and Sonoma County Transportation Authority, attached to this resolution as Exhibit
A and incorporated herein by reference.
1241873.1
EXHIBIT ~1 TO 12ESOLd~PTO®iV
Agreement Number SCTA10008-A1
AMENDMENT':NUMBERI TO
COOP:GRATiV.E FUNDING AGREEMENT
BETWEEN
THE SONOMA COUlYTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
This Agreement ismade and entered into as of , 201-0
("Effective Date") by and between the City of Petaluma hereinafter referred to as "CITY''
and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter referred to
as "AUTHORITY."
RECITALS
1. AUTHORITY and CITY entered into a Cooperative Funding Agreement
SC"fA10008 to defne.a framework to enable the two parties to work cooperatively in
developing transportation:improvements on the Highway 1.01 /East Washington Interchange
in Sonoma County.
2. The Cooperative Funding Agreement included a Project Plan consisting of a
financial plan, a schedule, and roles and responsibilities for completion. of the Project.
3. AUTHORITY and CITY desire to modify the Project Plan to update schedules
and budgets to current estimates, redistribute Funding responsibilities, and re-define roles and
responsibilities.
IT IS THEREFORE MUTUALLY AGREED:
1. Exhibit B, Project I'inlncial Plan, of AgreemenLSCTA10068 is hereby replaced in
its entirety with Amendment 1 to Exhibit B, Project Fina~icial Plan.
2. Exhibit C, Project Schedule, of Agreement SCTA 10008 is hereby replaced in its
entirety with Amendment l to Exhibit C, Project Schedule.
3. Exhibit D, Responsibilities of die Patties, of Agreement SCTA10008 is hereby
replaced in its entirety with Amendment 1 to Exhibit D, Responsibilities of the Parties.
4. Articles 4, 5, and 6 of Agreement SCTA10008 are hereby completely deleted.
5. The total estimated Right of Way capital cost, excluding environmental mitigation,
is $2,700,000.
6. SCTA agrees to provide up to $770,000 (28.5%) in Measure M funds for Righ[ of
Way Capital, excluding environmental mitigation.
Page 1 of5
6
Agreement Number SCTA10008-A1
7. City agrees to provide up to $1;430;000 (7.1.5%) in City funds for Right of Way
Capital, excluding•environmental mitigation.
8. City agrees to.be implementing agency for Right of Way Capital, excluding
environmental mitigation; and to invoice'.SCTA •for their pro-rata'share of the actual cost.
9. SCTA agrees to promptly provide payment of all Right of Way Capital invoices,
within 30-days of receipt of each invoice.
l0. The otherienns and conditions of the original Agreement (SCTA Agreement
SCTA090008) sha11 remain in full. force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement
as of the Effective Date.
CITY OF PETALUMA SONOMA COUNTY
TRANSPORTATION AUTHORITY
By:
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL FORM
FOR CITY:
By:
City Attorney
APPROVED
By:
Department Director
By:
Risk Manager
By:
Finance Director
By:
SCTA Chair
APPROVED AS TO.SUBSTANCE:
By:
By:
Executive Director
Legal Counsel
Authority
Page 2 of 5
7
Agreement Number SCTA10008-A1
AMENDMENT NUMBER 1 TO
COOPERATIVE FUNDING.AGREEIVIENT
BETWEEN
THE SONOIVIA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
AMENDMENT I TO EXHIBITS
PROJECT FINANCIAL PLAN
Funding Plan by Fund Source and Development Phase.fl•tinds in Thousands)
FUND PS&E ROW ROW CON CON TOTAL
SOURCE SUP CAP SUP CAP
CITY $1.,700 $ 150 $1,430 $ 220 $ 0 $4;000
Measure M $ 0 $ 100 $1,270 $ 250 $ 1.;230 $2,850
(101)
Federal $ 0 $ 0 $ 0 $ 700 $ ] 2,800 ` $13,500
SAFETEA-LU
Federal $ 0 $ 0 $ 0 $1,000 $ 0 $ 1,000
a ro nation
TOTAL $],700 $250 $3,200 $2,170 $9x;030 $21,350
Notes: Measure M funding foi ROW CAP of $500,000 is for off--.site Environmental
Mitigation. SC"fA is implementing agency for off-site Environmental Mitigation.
Measure M funding for ROW SUP of $100,000 is forfinal right>of-way engineering.
SCTA to enter into cooperative agreement with Caltrans,forfinal right-of--way engineering.
City funding for CON SUP of $220,000 is for design services during construction. City is
implementing agency for design services during consti-action.
Amendment 1 [o Exhibit B
Page 3 of 5
g
Agreement Number SC7-A I 0008-A 1
AMENDMENT NUMBER l 'TO '
COOPERATIVE FUNDING AGIiEEIGIENT
BETWEEN
THE SONOMA COU]VTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
AMENDMENT ] TO EXI-IIBIT C
PROJECT SCHEDULE
Pro'ect°Develo ment Phase Be in End
Environmental PAED Com fete Com fete
Desi n PS&E Feb 2009 Oct 2010
Ri ht of Wa Ac uisition ROW A r20D9 Nov 2010
Advertise, Award, A Move AAA Ocf 201 d A r 2011
Construction CON Ma 2011 A r 2012
Amendment I [o Exhibit C Page 4 of 5'
Agreement Number SCTA 10008-A I
AMENDMENT NUNIB>;R l TO
COOPERATIVE FUNDING AGREEMENT
BETWEEN.
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
AMENDMENT 1 TO'EXNIBIT D
RESPONSIBILITIES OF THE PARTIES
Table C-i: Additional:Cooperative Asreements between:Parties byDevelopment Phase
P
e
i
i Coo erative A reement
roj
ctAct
v
ty Caltrans, Authority- Ci
Environmental (PAED) X X
Desi n (PS&E X X
Right of Wa Engineerin 'and Su' ort X X
Right of Way Capital X X
Advertise, Award, A rove (AAA) X X
Construction Su ort X X
Construction Ca ital.&Final°ROW En ineering X X
Table C-2 Resuonsible Implementing ARency by Development Phase
P
t
Acti
it Im l ementin A enc
rojec
:
v
y Caltrans Authority Ci
Environmental (PAED) X
Design (PSBtE) X
Right of Way Engineering and Support, excluding
Final Ri ht.of Wa Eh ineerin X
:Final Right of Wa En ineering (CT Activi 300) X
Right of Wa Ca itai:(U.tilities and-Ac uisition X
Right of Way .Capital (Off Site Environmental
Miti ation)
X
Advertise, Award, A rove•(AAA) X
COnstnutiOn SU Ort X
Construction Su " ort,(Desi n~Services) X
Construction Ca ital X
Amendment I to Exhibit D
Page 5 of 5
1~
ATTAfCFiIV~~NT 2
Agreement Number S CTA 7 0008
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE $ONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
This Agreement is made and entered into as of ~~ ~ .~
2009 ("Effective. Date'.'). by,and' between the City of Petaluma hereinafter refetred to as
"CITY" and the SONUMA COUNTY TRANSPORTATION•AUTIiORITYhereinafter
referred to as "AUTHORITY."
RECITALS
] . AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement
to define a framework to enable the two parties to work cooperatively'inleveloping
transportation improvements on the Highway 101 / East`Washington.Interchange in
Sonoma County; as moreparticularly described in Exhibit A to this agreement (hereinafter
referred to as "Project").
2. Caltrans has completed the Environmental (PAED) phase of the Project with
State TCRP funding.
3. Caltrans completed 65% design plans, specifications and estimate (PS&E) for
the Project with. State TGRP funding.
4. Caltrans stopped work on the Project when TCRP funding was exhausted.
5. AUTHORTT'Y and_CITY developed a financial plan, a sclieduleZ and roles and _ _
responsibilities for completion of~the Project which is attached hereto.as Exhibit B, Exhibit
C, and'Exhibit D (hereinafter referred to as the "Project Plan").
6. Pursuant to the;Measure -M Strategic Plan, AUTHQRTTY is committed to make
available up to $2,850,000 in Highway 101 Program funding to assist with the Project.
7. CTTY is committed t_o make available up to $4,000;000 in funding to assist with
the Project.
8. AUTHORITY is committed to request programming and obligation of
$14,500,000 in Federal'funding to assist with the Project.
NOW, THEREFORE; in consideration of the foregoing; AUTHORITY and CITY
do hereby agree as follows:
Page ] of 11
Agreement-Number SCTA 10008
SECTION I
CITY AGREES:
1. Total CITY Contribution. To provide up to $4,000,000 in local funds [or other
CITY contribution] towards the.Project, in accordance-with the Project Plan. The cost of
CITY's. own administration; independent quality assurance, oversight; and project
management is not considered a Project cost that is covered by this agreement and is not
included in the Project Plan.
2. Additional Cooperative Aexeements. To enter into a cooperative agreement(s)
with Caltrans~for the design (PS&E), Right of WayEngineering and Support (ROW SUP)
and Right of Way (ROWj`phases of the Project in accordance with the Project Plan.
3. Completion of Work. To timely complete the design (PSBiE}, Right of Way
Engineering and Support (ROW'SUP} and Right of Way (ROW) phases of the Project in
accordance with°the deadlines set forth in the Project Plan.
4. Construction Funding: To provide up to $1,I50,000 in local funds [or other City
coritributionj to the AUTHORITY for the construction phase of the Project.
S. lnitial Deposit. To make payment of $150;OOO.within 30-calendaz days of
receipt of invoice.for advance construction deposit.
6. Pro~ress.Payriients. To promptly make payments on all construction progress
invoices, within;30=calenday days of receipt of each invoice for construction progress
payments.
7. Compliance with Laws. With regard to administering and completing CITY's
responsibilities for the Project; CITY shall at all times comply with ap applicable laws of
the United States, the State of California, the County, and with all applicable regulations .
promulgatedby federal;-state, regional, or local administrative and regulatory agencies,
nowin force and as they may be enacted, issued; or amended during the term of this
Agreement.
8. Records. To.allow AUTHORITY to audit all expenditures relating to the
Project funded through this Agreement. For the duration of the Project, and for five (5)
years following completion of the Project, or earlier discharge of the Agreement, CITY
shall make available to AUTHORTI'Y all records relating to expenses incurred in
performance ofthis Agreement.
9. Notice of Audit. To provide timely notice to AUTHORITY if an audit is to be
conducted.
Page 2 of 11
12
Agreement Number SCTA 10008
SECTION`II
AUTHORITY AGREES:
1. Total AUTHORITY Contribution:. To=provide up to $2;850;000 in Measure M
Highway 101 program;fundstowards'the Project, in accordance with the Project Plan. The
cost of AUTFIORITY's own administration, independent quality assurance, oversight, and
projectmanagement is not corisideTed a Project cost that is covered by this.agreement and
is not included in the Project Plan.
2. Federal Funding. To-request programming and-obligation of $14,500,000 in
Federal funding towards the construction and construction support phases of the Project
and to promptly-notify CITY if Federal funding will not'be available in accordance with
the Project Plan.
3. Additional Cooperative Agreements. To enter into a cooperatipe:agreement(s)
with Caltrans for the Advertise, Award, and Approve (AAA), Construction Support (CON
SUP),.and Construction (COIF phases of the Project in accordance with the Project Plan.
4. Completion of Work: To timely complete the work necessary to complete, off
site environmental'mitgation by the time frames set forth in the environmental documents
and permits.
5. Initial Deposit. To invoice CITY fora $150,000 initial deposit 60 working days
prior to advertisement of the construction contract.
6. Progress Payments:: To promptly invoice CITY for CITY's share of all
construction progress payments m accordance with the Project Plan, within 30 calendar
days of receipt from Caltraiis of each invoice for construction progress payments
7. Reconcile Construction Payments. After receiptof final Construction
accounting;from Calfrans, AUTHORTTY will invoice'or refundas necessary in order to
satisfythe obligation oftlis agreement.
8. Compliance:with'Laws. With regard to administering;and"completing the
AUTI~ORIT'Y's respon"sibilities _for'the Project, AUTHORITY shall at-.all: times comply
with all applicable.lawsroftbe United States, the State of California, the 0ounty, and with
.all applicable'regulafions promulgated by federal, state, regional, or local administrative
and regulatory agencies;:now'in force and as they may be enacted, issued, or amended
during the term of this Agreement:
9. Records. To allow CITY to audit.all expenditures-relating to the Project funded
through this Agreement. For-the duration of the Project, and for fve (5)-years following
completion, of the.Project„ or earlier'discharge of the Agreement, AUTHORITY shall
make. available to CITY all records relating to expenses incurred inperformance of this
Agreement.
Page 3 of 1 I
13
Agreement Number SC7'A10008
10. Notice.of Audit. To'provide timely notice to CITY if an audit ofCI'TY records
is to be conducted.
SECTION III
IT IS MUTUALLY AGREED:
1. Funding Needs. If additional funds beyond those'identified in the Project Plan
are necessary to complete the Project or'if Federal funds are not available, in accordance
with-the Project Plan, AUTHORITY and CITY will cooperate•to identify and secure new,
increased, or replacement,fiuiding. If funding'cannot be,identified to.complete the project,
this agreement can be discharged by either party as provided in Paragraph 3 or 13.
2. Term. This:Agreementwill remain in effect until discharged as provided in
Paragraph 3 or 13.ofthis Section III.
3. Discharge. This Agreement shall be subject to discliasge as.follows:
a. This Agreement mayliecanceled by a partyfor breaeh;,of any obligation,
.covenant or condition hereofby the;:other party, upon notice #o the breaching party. With
respect to any breach which,is seasonably capable of being cured; the bleaching party shall
have thirty'(30) days:from.the:~date of the notice to initiate steps to cure. If the breaching
pasfy diligently pulsues cure, such party shall be allowed~areasonatile time to cure, not to
exceed sixty{60} days:fromae date of the initial notice, unless a fiu-ther extension is
granted by the non-breaching party:. On cancellation, the:non-6ieaching pastyretains the
same rights as a party exercising its right to terminate under the.provisions ofparagraph
3(b},,except that the_cariceling_party also retains any:remedy„for. breach of_the whole_..._.__ __
contract or any unperformed balance.
b_ By mutual consent of both` parties, this Agreement maybe terminated at any
time.
c. This agreement~may be cancelled by either party by no fault of either party if
Federal funding is not available=in accordance with the Project_Plan.
4. Indemnity. Neither CITY nor-any officer or employee;thereof is responsible for
any. injury, damage or liability occurring by'reason of anything done or omitted to be done
by AUTHORITY'under or in.connection with any work,,authority, or jurisdiction
conferred upon AUTHORITY or arising under this agreement.
Page 4 of ] 1
14
Agreement Number SCTA 10008
Its understood and agreed hat AUTHORITY will fully defend, uidemnify, and save harmless
CITY and all of its officers and employees from allclaims, suits, or actions of every name, kind,
and description brought forth under, but not limited to, tortious, contractual,.. inverse
condemnation, or other theories or assertions of liability occurring by reason of anything done or
omitted to be done by AUTHORITY under this agreement.
Neither AUTHORITY nor any officer or employee thereof is.responsible for any injury,
damage, or liability occurring 6y reason of anything done oromifted fo be done by CITY under
or in connection with any work; authority, or; jurisdiction conferred upon CITY or arising under
this agreement.
It is understood and agreed that CITY will fully defend, indemnify, and save harmless
AUTHORITY and all of its officers and employees from all claims; suits, or actions of every
name, kind, and description brought forth-under, but not.limited to, tortious, contractual, inverse
condemnation, or other theories or assertions of liability occurring by reason of:anything done or
omitted to be done by CITY under this agreement.
5. Notices. Any notice which maybe required undertfiis Agreement shall be in writing,
shall be effective when received; and "shall be given bypersonal'service; or by certified or
registered mail, return receipt`requested, to the addresses set forth below, or to such addresses
which may be specified in writing to the parties hereto.
To CITY: Director of Public Works, City of Petaluma
11 English Street
Petaluma, CA 94952
vniarengo@ci.petaluma. ca.us
To AUTHORITY: Executive Director Sonoma County Transportation Authority
490 Mendocino Avenue; Suite 206
Santa:Rosa; CA 95401
(707)565-5373
suzsmith@sctainfo. org
6. Additional Acts and.Documents. Each party agrees to do all. such things and take all
such.actions, and to make, execute and deliver such..other documents and.instruments, as shall be
reasonably requested to carry out the provisions, intent and purpo"se of the Agreement.
7, Integration. This Agreement represents the entire agreement of the parties with respect
to the subject matter hereof. No representations, warranties; inducements or oral agreements
have been made by any of the parties: except as expresslysetfortli herein; or in other
contemporaneous written agreements.
Page 5 of 1 I
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Agreement Number SCTA10008
9. Independent Agencies.. CITY renders its services under his,Agreement'as an
independent agency.:None of the CITY's-agents or employees shall be agents or ,
employees of the AUTHORITY. AUTHORTIY reriders its services under this
Agreement as an independent agency: None of the AUTHORITY's agents or employees
shall be agents or employees of the,CITY.
10. Assignr ent. TheAgreementmay not be assigned, transferred, hypothecated, or
pledged by any party without'the express written consent of the other party.
1 I . Successors. This Agreement shall be binding upon thesuccessor(s), assignee(s)
or transferee(s) of the AUTHORITY or CITY as the casemay be. This provision shall
not be construed as-an authorization to.assign, transfer,.hypotheeate or pledge this
Agreemerit other tlran as provided above.
12. Severability. Should any part of this Agreement be determined to be
unenforceable, invalid, or.,beyond the authority o£either party to enter into or carry out,
such determination shall not affect the validity of the remainder of--this Agreement which
shall continue in full,force and effect; provided that, the remainder ofthis Agreement can,
absent the excised portion, be reasonably interpreted to give effect to the intentions of the
parties.
13. Limitation. AIl~.obligatioris of AUTHORITY under ttie-terms. of this
Agreement are expressly subject to AUTHORITY's coritinued':authorization to collect and.
expend the sales tax proceeds provided by.lNleasure M. If for any reason AUTHORITY'S
righYto collect or expend"such sales tax proceeds'is terminated or suspended in whole or
part, AUTHORITY shall promptly notify CITY; and t&e parties shall consult on a course
-ofactioir: If-afteftwenty=five (25) workingdays-a`course of action°•is~nof agreed~ipon by
theparties, this Agreementahall be deemed terminatedby mutual or joint consent;
provided, that any'future obligation o fund from the date of the notice shall be expressly
limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax
proceeds for the purposes of the. Agreement; and (ii) the availability; taking into
consideration all the obligations of AUTHORITY under. all outstanding contracts,
agreements to other obligations of AUTHORITY, of funds~for: such purposes.
Page 6 of I I
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Agreement Number SCTA 10008
IN WITNESS WHEREOF, theparties have executed thisAgreement as of the
Effective Date.
CITY OF PETALUMA SONOMA COUNTY
TRANSPORT TION AUTHORITY
\ ~ ~ By.
City Manager SCTA Chair
ATTEST: _ APPROVED AS TO SUBSTANCE:
By: ~.U ` _ By: GWVI~!`~
City Clerk ' ~/_7 ,/,. " ~ 9 Executive Director
APPROVE A O.LEGAL FORM J
FOR CI
By: I,o( ~ By
City Attorney Legal Counsel
Authority
APPROVED
Deparhnent Director
By: Q.,,~~ ~ ~~ /0.209
Risk ~dlanager
Finance Director
Page 7 of ] 1
17
Agreement Number SCTA10008
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA:COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EI~~TT A
DESCRIPTION OF'THE PROJECT
m Reconfigure°southbound on-ramp from East Washington Street to Highway 101 with a
.new two lane on-ramp with ramp metering and an HOV bypass lane;
• Construct:a new northbound two-lane on-ramp fromwe§tbound East Washington
Street to Highway 101 with ramp metering'and an HOV bypass lane;
• Widen the terminus of the northbound off-ramp from Highway 101 to East
Washington Street from two to four lanes.
Note: The Project does not include landscaping beyond erosion control. Landscaping
will_be accomplished by separate landscaping specific contract.
Exhibit A
Page 8 of I 1
Ig
Ageement Number SCTA10008
COOPERATIVE FUNDING,AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT B
PROJECT FINANCIAL PLAN
Funding Plan by Fund Source and Development Phase (Fundsin Thousands)
FUND PS&E ROW ROW CON CON' TOTAL
SOURCE SUP CAP' 'SUP CAP
CITY $I~700 $ 150 $1,000 $ 0 $1,150 $4,000
('100% (100% . b6.7% 0% 7.2%
Measure M . $ 0 $ 0 $ 500 $ 300 $ 2;050 $2,850
101' 0% (0% 333% 15% 12.8%
Federal $ 0 $ 0 $ 0 $ 700 $ 12,800 $13,500
SAFETEA-LU (0% (0%) (0%) (35%)' (80.0%
Federal $ 0 $ 0 $ 0 $1,000 $ 0 $ 1,000
a io nation (0%) (0% (0% (50%) (0%
'TOTAL ,$1,700 $150 $1,SOQ $2,000_ $16,000 $21,350
100°/u 100% 100% ' 100% 100% .
Note: Measure M funding for ROW CAP of $500,000 is for off.-site Environmental
Mitigation. SCTA is implementing agency for off-site Environmental Mitigation.
Exhibit B
Page 9 of 11
19
Agreement Number SCTA10008
COOPERATIVE'FUNDING AGREEMENT NO.
' BETWEEN
THE SONOMA COUNTY'TRANSPORTATION AUTHORITY
AND
CITY OF'PETALUMA
EXIIIBTT C
RROJECT`SCHEDULE
Pro ecYDevelo m`ent Phase: Begin End
:.Environmental.. PAED Com lets Com lets
Desi n i?S&E Feb 2009 A c2010
Ri ht of Wa °Ac uisition ROW A" x2009 Jun 2010
Advertise, Award,.A rove AAA Ju12010 Se` 2010
Construction CON 'Se 2010 Dec2011
e
Exhibit C
Page 10 of I 1
20
Agreement Number SCTA 10008
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTH®RITY
AND
CITY OF PETALUMA
EI~FHIBIT D
RESPONSIBILITIES OF THE PARTIES
Table C-1: Additional Cooperative Agreements between Parties by Develo~raentPhase
Coo e_ rative A reement
Project Activity Caltrans Authori Ci
Environmental AED X X
Desi (PS&E X X
Ri ht of Wa En ineerin ,and Su_ ort X X
Right of WayCa ital X X
Advertise, Award, A rove (AAA X X
Construction: Su ort X X
Construction Ca ital X X
Table G2: Responsible Implementing A ency by Development Phase
_--. - -_-.._ ,._ ...... - -
e
v
__
-
'~ l ementin A enc
Proj
ct Acti
ity Caltr
ans
Authori
Ci
Environmental AED X
Desi PS&E X
Ri t of Wa Engineerin and Su ort X
Ri tof Wa Ca ital tilities and Ac uisition) X
Riglit of Way Capital (Off Site Environmental
Mitigation
X
Advertise; Award; A rove AAA X
Construction Sup ort X
Construction Ca ital X
Exhibit D
Page ] 1 of 11
21