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HomeMy WebLinkAboutAgenda Bill 4.BPart2 11/15/2010TEMPORARY CONSTRUCTION EASEMENT Parcel. 1 (60299 -4) Being an easement for construction purposes and incidents thereto, upon and across a portion of the lands of Syers 'Properties I, L.P., a California Limited Partnership, as described in that Quitclaim Deed from Gayle S. Syers, et al, filed September 9, 2002 under Document No. 2002 135205, Official Records of the County of Sonoma, and being more particularly described as follows: Commencing at a point on'the existing right of way of the -State of California, as said right of way is described in that`Quitclaim Deed from J.L. Novak and Maria I. Novak to the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page 381, Sonoma County Records; said point lying at the westerly terminus of the course recited as "N. 36 0 25'29" E., 884.07 feet" in the last said deed; thence, from said Point of Commencement, North 55 °24'34" West, for a distance .of'243.755 meters to a point on the common boundary of said lands of Syers Properties 1, and the lands of The Novak Property, LLC, as recorded in Document No. 2010 - 026833,.; Official Records of the County of Sonoma; thence, along said common boundary, North 36 °46'56" East, for a distance of 12.117 meters to the POINT OF BEGINNING of the parcel to be herein described; thence, from said .Point of "Beginning, leaving said common boundary, North 58 °22'44" West, for a distance of 47:248 meters; thence, South 36 °51'17" West, for a distance of 3.568 meters; thence, North 55 °24'34" West, for a distance of 23.266 meters; thence, North 64 0 04'07" West, for a distance of 3.985 meters; thence, North 55 °24'34" West, for a distance of 87.127.meters; thence, North 58 0 10'07" West, for a distance of 114.170 meters to the northwesterly boundary of said lands of Syers Properties I; thence, along said northwesterly boundary, North 36 °51'17" East, for a distance of 3.060 meters; thence, leaving said northwesterly boundary, South 58°10?07" East, for a distance of 160.544 meters; thence, North 36 0 44'50" East, for a distance of 8.903 meters; thence, South 53°15'1.0" East, for a distance of 28.214 meters; thence, North 36 °44'50" East, for a distance of 45.010 meters; KlEng09 \0990841 DocslLegals1242 i_Syers_tce.doc 8112110 34 thence, South 53 °15'10" East, for a distance of 15.644 meters; thence, South 36 0 44'50" West for a distance of 10.656 meters; thence, South 45 °40'49" East, fora distance of 21.063 meters; thence, South 36 °44'50. "'West, for a distance of 6.372 meters;' thence, South 53 East, for a distance of 28.470 meters; thence, South 36 °46'56" West, for a distance of 14.848 meters; thence, South 51 0 28'17" , East, for a distance of 4.970 meters; thence, South 63 °06'07" East, for a distance of 15.119 meters; thence, South 51'28'17" East, for distance of 2.035 meters; thence, South 36 ° 46'56" West, for a distance of 15.972 meters to the Point of Beginning. EXCEPTING THEREFROM the following parcel of land: Being a portion of the lands of Syers Properties. I, L.P., a California Limited Partnership, as described in that Quitclaim Deed from Gayle S. Syers, et al, filed September 9, 2002 under Document No. 2002 135205, Official Records of the County of Sonoma, and being more particularly described as follows: Commencing at a point on the existing right of way of the State of California, as said right of way is described in that Quitclaim Deed from J.L. Novak and Maria 1. Novak to the State of California, filed October 7, 1953 in Book 1233 of Official Records at Page 381, Sonoma County Records; said point lying at the. westerly terminus of the course recited as "N. 36°25'29" E,, 884:07 feet "; thence, from said Point of Commencement, North 55 °24'34" West, 4or a distance of 243.755 meters to a 'point on the common boundary of said lands of Syers Properties I, and the lands of The Novak Property, LLC, as recorded in Document No. 2010- 026833, Official Records of the County of Sonoma; thence, along -said common boundary, North 36 ° 46'56" East, for a distance of 25.040 meters to the POINT OF BEGINNING of the parcel to be herein described;. thence, from said Point of Beginning, leaving said common boundary„ North 51'28'17" West, for a.distance of 1.817 meters; thence, North 63 °06'07" West, for a distance of 83.950 meters; thence, North 55 °28'39" West, for a distance of 30.588 meters; thence, North 36 °44'50" East, for a distance of 3.050 meters; thence, South 55 0 28'39" East, for a distance of 30.267 meters; K ;1Eng0910990841DocslLegals12421 _Syers_tce.doc 8112110 32- thence, South 63 °06'07" East, for a distance of 94.057 meters; thence, South 51 °28'17" East, for a distance of 2.035 meters; thence South 36 °46'56 "West, for a distance of 3.049 meters to the Point of Beginning. Containing 3,660 square meters (0.366 hectares), more or less. Basis of bearings: California Coordinate System NAD. 83, Epoch 1991.35, Zone 3. Divide the above distances by 0.999966886 to obtain ground distances. Prepared by: BKF / Carlenzoli 14z� Ralph H. ted` LZ ! O .0 K* En9091099084 1DocslLegafsV421_Syers_tce.doc 8112/10 33 m 28.214m f LINE O IDISTANCE L1 I 140a 46'56'E - L2 12.117m N V '07 "W 3.985m _ L4 m 8.903m' 41 I ut W S5 '28'17" T A S '06'07 "E 15:119m 0 558'39' 30.588m 1-11 J . N36'44'50'E 3:D50m I 236' '56' LLI 0 40 100 F rn FA C / If 1 SCALE 1 : 2000 METERS � o O cc m 28.214m f LINE "BEARING IDISTANCE L1 S 6 '1 140a 46'56'E - L2 12.117m N L3 '07 "W 3.985m _ L4 E In 8.903m' n I N A a � N N 1 9 W LOT A,. — N36 51'17"E 3.060m P, RC r /_ AiYi p J-4/9 J I� 39 1vi-I1 ipS 6 I ° LOT A �3 FUTURE RIGHT OF WAY LINE LANDS OF SYERS PROPERTIES I, L.R. i DN 2002 - 135205 - POINT OF ' COMMENCEMENT LINE TABLE 28.214m f LINE "BEARING IDISTANCE L1 S 6 '1 3.568m ' L2 55'24 -W 23.266m L3 '07 "W 3.985m _ L4 36 44'50"E 8.903m' L7 14.848m LB S5 '28'17" 4:970m L9 S '06'07 "E 15:119m L10 558'39' 30.588m 1-11 J . N36'44'50'E 3:D50m L12 236' '56' 3.049m w w\ — S5572839 "E yip' N5128'17 "W * ` 55315 iPA j ` Cr / 2 ^' �. 1:817m �tO 28.214m f /3, AIP,OINT * OF BEGINNING (EXCEPTION PARCEL) 551'28'17 'E 1 ) 2.035m 36'44'50"E S53'15'10'E ` 4a�1 /— 15.644m E S36 "46'56 "W o L12 I' o Cl 15.972m rn` `M S36'44'50 'W 10.656m ( POINT OF' M I / "E BEGINNING / 245'40'49 21.063m "W to \ of �JN S36'44'50 6.372m DETAIL 'A' NOT TO SCALE 'SEE DETAIL "A' Pry RCr L AL-44F 5 POINT OF BEGINNING 10 MAPS I J (EXCEPTION PARCEL) LANDS OF NOVAK, ET AL JT OF INNING >: 2767 O.R. 460 DN 1991- 026172 0 40 100 DN 2009 - 076131 FA C / If 1 SCALE 1 : 2000 METERS _mgt HL (N "E 884.07' - PER 1233 O.R. 381) 1 E 0 n 0 0 0 s N k 325 TESCONI CIRCLE Subject TEMPORARY CONSTM EASEMENT SANTA ROSA, CA 95401 OVER THE LANDS OF SYERS PROPERTIES I ®® PH: 707 -542 - 6465 Job No. 20099084 C A R L E N Z O L I FAX: 707- 542 -1645 By JAK Date FEB 2010 Chkd. ENGINEERS ISURVEYORSI PLANNERS SHEET 1 OF 1 0 a 2421EXHB- Syers- TCE.dwg LD 2405 -07 -1434 2010154 (01-09-021):6 10 1 Lakeville — Petaluma C 60kV Transmission Line EXHIBIT "A" (APN 007 - 350 -008 por.) The strips of land situate in. the city of Petaluma county of Sonoma, state of California, described as follows: STRIP 1. A strip of land of the uniform Nvidth of 30 feet lying 15 feet on each side of the-line described as follows: Commencing at the foand 2 -inch Brass Disk shown upon said PARCEL MAP No. 6 as marking t_he northwesterly terminus of a course in the center line of McDowell Boulevard, which course as shown upon said PARCEL MAP No. 6 has a bearing of N54 °31'30 "W and a length of 759.80 feet (N53° 14'00 "W for this description); and running (a) soutli 46 °54'45 "west 769.95 feet to the TRtJE POINT OF BEGINNING of this line; thence (1) south 1 °43'35" west 15.00 feet to a point in the existing line of poles erected on said lands of first party under and by virtue of the right of way and easement conveyed by Eliza Grover to Great Western Power Company, predecessor in interest of Pacific Gas and Electric Company, dated June 25, 19.12, and recorded in Book 294 of Deeds at page 421, Sonoma Comity Records, herein for convenience called Point "A'; thence continuing (2) south 1 °43'35" Evest 169.14 feet to a point herein for convenience called Point "13 "; thence (3) south 3,6 °19'23" west 52.03 feet, more or less, to a point in the general southwesterly boundary Line of PARCEL No. 2 as sho n on PARCEL MAP No. 6; the side lines of said strip shall be lengthened or shortened at the southwesterly tennini thereof so as to terminate in said southwesterly boundary line. 3 � STRIP 2. A strip of land of the uniform width of l0 feet extending easterly from the easterly boundary line of the strip of land hereiribefore described and designated STRIP 1, and lying 5.0 feet on each side of the .line .described as follows: BEGINNING at said Point "A "; thence (I) south 70 °56'27" east 35.00 feet to a point within said lands. STRIP 3. A .strip of land of the uniform width of 5 feet extending easterly from the easterly and southeasterly boundary lines of STRIP 1, and lying 2.5 feet on each side, of the line described as follo� s: BEGINNING at-said Point "B'; thence (1) south 70 °58'31" east 48.00 feet to a point within said lands. The foregoing descriptions are based on a survey made by second party in April, 2010. Bearings are based on.the CalifbMli Coordinate System (CCS83 EPOCH elate 1991.35), Zone 3, and are based on Global. Positioning System (GPS) Observations. All distances used herein are grid distances. To obtain ground distances, multiply ground by 0.99996886. STRIP 1, STRIP 2 and STRIP' 3 contain 7,441 net square feet, more or less, and are shown upon Pacific Gas `and Electric Company's Drawing No. L-9125 attached hereto for reference purposes only. A J No. 6618 EXPIRES ��� � • ?}� �T�rF OF CAL APPROVED AS TO DESCRIPTIO Steph n J. Hulick, PLS 6618 Expires 12/31/2011 5 T..05N R07W M.D.B.M. SE 114 OF NE 114 & NE 1 /4 OF SE 1 /4 SEC. 28 LINE BEARING " DISTANCE, L 1 SOI 4 3' 35 " "W 1 5-. 00' L2 S70 °56 27 "E 35.00' L3 S01 'W. 169.14' L4 S70 °'58' 31 "E 48.00' 15 S36• r9' 23 'W 52..01' 4 EASEMENT 138.6 O.R. 35 SEWER LINE EASEMENT 1128 O. R. 17 SEWER LINE EX-I ST I NG POLE 4/5 Od ~ EXISTING POLE ,4/6/ �• S FOUND 2" BRASS DISK IN MONUMENT WELL 0 liy 0 oiy X1 a 90 � R 4 EXISTI NG °�� �� r�s POLE 414 46�� LD 2405 -07 -0104 29A D. 421 e � EASEMENT 2164 O.R. 599 PAC BELL a P POINT "A ` PROPOSED POLE #4/5 7 PARCEL .No. 2 j STRIP 2 P ARCE L MAP Flo. 6 1 MAPS i s 30' APN 007 -350 -008 ri -' SYERS PROPERTIES I, L.P.. I 15' a California Limited Partnership SER. No. 2002135205 �--- PROPOSED EASEMENT AREA = I 7.441 + /- SO. FT. CENTERLINE OF 30'FOOT WIDE STRIP 1. TRANSMISSION AND DISTRIBUTION P OVERHEAD ELECTRICAL EASEMENT. STRIP 3 POINT "B" .10 PROPOSED POLE ,. u4 /6 L'EGENO 4Sy ���TNF SS•9 ,� A � r > ><�:::,. X PROPOSED POLE Spy 0 0 c ) PER 109 MAPS 15 Basis of Bearings; Bearings �S ar based on Calif'orni Coordi ° System (CCS83 EPOCH1991 35) ZONE 3 01 1 and are based on Global Positioning Sysytem (GPS) Observations. 30471419/0050 ! L A K E V I L L E- P E T A L U M A C BY " J. RuoNfeK 60 kV RELOCATION DR K. FrLOSO f SYERS PROPERTIES I CH E. ESPINOZA CITY OF PETALUMA 0. K. S. HUL ICK PACIFIC GAS AND ELECTRIC COMPANY DATE 04 -06 -2010 San Francisco California 0 1 P c a D O REFERENCE: RIGHT OF WAY APPRAISAL MAP No. A- 10333.13 JCN 01-09-021 3 111 AREA NORTH COAST t �I, f COUNTY SONOMA S 7 SCALE. 1 " =50' i 1 SSHEET NO. 1 OF 1 1 ' DRAWING NUMBER CHANGE L -9125 1 J Resolution No. 2009 -075 N.C.S. of the City of Petaluma, California AUTHORIZING, THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND CALTRANS IN AN AMOUNT NOT TO EXCEED $2.85M FOR DELIVERY OF PLANS, SPECIFICATIONS AND ESTIMATES (PS &E) AND. RIGHT -OF -WAS! ACQUISITIONS, AND TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND SCTA TO PROVIDE .CONSTRUCTION FUNDING IN AN AMOUNT NOT-TO- $1.15M FOR THE EAST WASHINGTON INTERCHANGE PROJECT (PROJECT RDA100280) COMPONENT OF THE MARIN SONOMA NARROWS SEGMENT C (MSN -C) PROJECT WHEREAS, the City of Petaluma wishes to proceed with the design (plans, specifications, and estimate, or PS &E), right -of -way acquisitions and contribute. to the construction of the East Washington Interchange component of the'Marin Sonoma Narrows (MSN) Segment C Project; and, WHEREAS, at its meeting of`December 29, 2005, the Petaluma Community Development Commission authorized.allocation of PM 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; and, 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 ofthese 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, a cooperative funding agreement for PS &E and right- of -way acquisitions must be executed between the City of Petaluma and the California Department of Transportation; and, Resolwion No. 2009' -075 N.C.S. Page 1 WHEREAS, in order to proceed, a,cooperative funding agreement for contribution of construction funding must be executed bet"ween,the City °of Petaluma and the.Sonoma County Transportation Authority. NOW THEREFORE, WIT RESOLVED, that the Petaluma City Council authorizes the City Manager to execute the Cooperative Agreement between the City of Petaluma and the California Department of Transportation, attached to this resolution as Exhibit A and incorporated herein by reference, and to execute the Cooperative Agreement between the City of Petaluma and Sonoma County Transportation Authority, attached to this resolution as Exhibit B and incorporated herein by reference, including any final changes to such agreements approved by the City Attorney. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing, Resolution was, introduced and adopted by the ppro ed to Council of the City of Petaluma at a Regular meeting on the I" day of June. 2009, _ f by the following vote: AYES: Vice Mayor Barren, Glass. Harris, Healy, Rabbiu, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk City Resolution No. 2009 -075 N.C.S. Page 2 L . S.l I + . ATTACHMENT. 3 04- SON - 1.01 -4.05 - 5.20 Exhibit A to Resolution 2009 -075 EA: 26404 District Agreement 04 -2263 COOPERATIVE AGREEMENT This agreement, effective on . \JC , 3 - 2,00 , is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Petaluma, a body politic and municipal corporation or chartered city of the State of California, referred to as CITY. - RECITALS 1. CALTRANS and CITY, collectively referred to as PARTNERS, are authorized to enter into a cooperative agreement for improvements within the SHS right of way per Streets and Highways Code sections 114 and/or 130. 2. WORK completed under this agreement contributes toward the East Washington Interchange improvements, which include construction of a new northbound freeway on -ramp, widening of the existing southbound freeway on -ramp, required widening at the terminus of the northbound on -ramp and utility relocations, referred to as PROJECT. PARTNERS will cooperate to complete the PS &E and R/W phases of PROJECT. 4. There are no prior PROJECT- related cooperative agreements. 5. Prior to this agreement, CALTRANS developed the Project Initiation Document and CALTRANS developed the Project Report. 6. CALTRANS prepared the environmental documentation for PROJECT. 7. The estimated date for COMPLETION OF WORK is January 31, 2011. 8. PARTNERS now define in this- agreement the terms and conditions under which they will - accomplish WORK. DEFINITIONS CALTRANS STANDARDS — CALTRANS policies and procedures, including, but not limited to, the guidance provided in. the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http: / /dot.ca.gov CEQA — Thet California Environmental Quality Act (California Public Resources Code, sections 21000 et seq.) that requires State and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. PACT Version! 9.1 3.31.08 1 of 18 District Agreement 04 -2263 COMPLETION- OF WORD All-PARTNERS have met all scope cost, and schedule commitments included in this agreement and.have;signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT. COOPERATIVE AGREEMENT CLOSURE STATEMENT — A document signed by PARTNERS that verifies the completion of all scope, cost, and schedule commitments included.in this agreement. FHHWA — 'Federal Highway Administration. FHWA STANDARDS —FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at http:// www :fhWa.dot.gov%proprams.html FUNDING PARTNER — A partner who commits a defined dollar amount to WORK. FUNDING SUMMARY - The table in which PARTNERS designate funding; sources, types of funds, and the project components in which the funds are;to be spent. Funds listed-on the FUNDING SUMMARY are "not -to- exceed amounts for each FUNDING PARTNER: HM -1 — Hazardous material (including, but, not limited to, hazardous waste) that may require removal and disposal pursuant to federal or'state law whether it is disturbed by PROJECT or not. HAI -2 — Hazardous material (including but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by PROJECT. HM MANAGEMENT ACTIVITIES 'Management activities related to either HM -1 or HM -2 including, without limitation, any necessary maniest requirements and disposal facility designations. IMPLEMENTING AGENCY — The partner responsible for managing the scope, cost, and schedule of a project component- to.,ensure the completion of that component. IQA — Independent Quality Assurance — Ensuring that IMPLEMENTING AGENCY'S quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan. IQA does.not include any work necessary to actually develop or deliver WORK or' any validation by verifying or rechecking work performed by another partner. NEPA —'The National Environmental Policy Act of 1969 that establishes a national policy for the environrnent and a process to disclose the adverse impacts of projects with a federal nexus. PARTNEEkS The term thatcollectively references all of the signatory agencies to this agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one partner's individual actions legally bind the other partners. PROJECT MANAGEMTN.T'PLAN — A group of documents used to guide a project's execution and control throughout the project's lifecycle. PACT Version 9.1 3.31.08 2 of 18 0 District Agreement 04 -2263 PS &E (Plans, Specifications, and Estimates) — The project component that.includes the activities required to deliver the plans, specifications, and estimates for PROJECT. R/W (Right of Way) — The project component that includes the activities required to deliver the right of way for PROJECT. SAFETEA -LU — The Safe, Accountable, Flexible, Efficient. Transportation Equity Act: A Legacy for Users, signed into federal law on August 10, 2005. SCOPE - SUMMARY — The table in, which PARTNERS designate their commitment to specific scope activities within - each project component as outlined by the Guide to Capital Project Delivery Workplan Standards (previously known as W13S Guide) available at http:Hdot.ca.gov SHS — State Highway System. SPONSOR(S) — The partner that accepts the obligation to secure'financial resources to fully fund WORK. This includes any additional funds beyond those committed in this agreement necessary to complete the full scope of WORK defined in this agreement or settle claims. WORD — All scope and cost commitments included in this agreement. RESPONSIBILITIES 9. CITY is CO- SPONSOR for all WORK. 10. CALTRANS is CO- SPONSOR for all WORK. 11. CITY is the only FUNDING PARTNER for this agreement. CITY's funding commitment is defined in the FUNDING SUMMARY. 12. CALTRANS is the CEQA lead agency for PROJECT. 13. CALTRANS is the NEPA lead_agency.for PROJECT. 14. CITY is IMPLEMENTING AGENCY for PS &E and R/W. SCOPE Scope: General 15. All WORK will be performed in accordance with federal and California -laws, regulations, and standards. All WORK will be performed in accordance with FH WA STANDARDS and CALTRANS STANDARDS. PACT Version 9.1 3.31.08 3 of 18 District Agreement 04 72263 16. - IMPLEMENTING AGENCY for a project component will provide a Quality Management Plan for that component: as, part of the PROJ PLAN. 17. CALTRANS will provide .IQA for-.the portions of WORK within. existing and proposed SHS right of way. CALTRANS retains the right to reject noncompliant WORK protect public safety, preserve property rights, and ensure thatall WORK is in the best interest ofthe SHS_ 18. CITY may provide IQA for the portions of WORK outs] de and proposed SHS right of way. 19. PARTNERS ma y ,.at their own expense, have a. representative observe any scope, cost, or schedule commitments performed by another partner. Observation does not constitute authority over those commitments. 20. Each partner, will ensure that all '.of their personnel participating in WORK are appropriately qualified to perform the tasks assigned to them. 21. PARTNERS will invite each other to participate in the selection and.retention of any consultants who participate in WORK. 22. PARTNERS will conform to sections 1720 — 1815 of the C_alifonua Code and all applicable regulations and coverage, detenninations issued by the Director of Industrial Relations if PROJECT work is done under contract (not completed by a partner's own employees) and is governed by the Labor Code's definition of a "public work" (section 1720(a)(1)). PARTNERS will include wage`requirernents in all contracts for "public work" and will require their contractors and consultants io include prevailing wage requirements in all agreement- funded subcontracts for "publicwork ". 23. IMPLEMENTING AGENCY for each project component included in this agreement will be available to help resolve WORK - related problems generated by that component for the entire duration of PROJECT. 24. CALTRANS will. issue, upon proper application, and at no cost to CITY, an encroachment permit required for WORK within SHS right of way. Any'third party.agent:(includin.g, but not limited to, contractors, consultants, and,utility owners) must obtaiwan encroacliment,permit issued in their name, prior to performing any WORK within the SHS R/W. All third. party agents will be assessed an encroachment'permit fee. 25. If unanticipated cultural,, archaeological, paleontological, or other protected resources are discovered during. WORK, all work in that area will stop until a qualified professional can evaluate the nature and significance of theAiscovery and a plan is approved for its removal.or protection. 26. Ail administrative draffand.administrative final reports, studies; materials, and documentation relied upon, produced, created, or utilized for PROJECT will be held in confidence pursuant to Government Code section 6254.5(e). PACT Version 9.1 3.31.08 4 of 18 [� J 7 Le District Agreement 04- 226,3 PARTNERS'will not distribute, release,.or share said documents with anyone other.than employees, agents, and consultants who require access to complete WORK without the written consent of the partner authorized to release unless required or authorized to do so by law. 27. If any partner receives a public. records request, pertaining to WORK under this agreement that partner will notify PARTNERS within five (5) working days of receipt and. make PARTNERS aware of any transferred public documents. 28'. If HM -I or HM -2 is found during WORK, IMPLEMENTING,AGEN.CY for the project component during which it is found will immediately notify PARTNERS. 29. CALTRANS, independent of PROJECT; is responsible for Any lW -1 : found within existing SHS right of way. CALTRANIS will undertake.HM -1 MANAGEMENT ACTIVITIES with minimum impact to PROJECT schedule. 30. If i4Mrl .is found outside existing SHS right of way, .responsibility for such HM -1 rests with the owner(s) of the parcel (s): on which the HM -1 is found. CITY, in concert with the local agency having land use jurisdiction over the parcel(s), will ensure that HM -1 MANAGEMENT ACTIVITIES are undertaken with minimum impact,to PROJECT schedule. 31. If HM -2 is found within PROJECT limits, the public -agency responsible for the advertisement, award, and administration (AAA). of the PROJECT construction contract will be-responsible for HM -2 MANAGEMENT ACTIVITIES. 32. CALTRANS' acquisition or acceptance of title to any property on which any HM -1 or HM -2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 33. PARTNERS will comply with all of the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each partner's responsibilities in this agreement. 34. IMPLEMENTING AGENCY for each project component will furnish PARTNERS with written monthly progress reports during the implementation of WORK- in that component. 35. Upon COMPLETION .OF WORK ownership and title to all materials and equipment constructed or installed as part of WORK within SHS right of way become the property of CALTRANS. 36. IMPLEMENTING AGENCY for a,projeet component may accept, reject, compromise, settle, or litigate claims of any non- agreement parties hired to do WORK in that component. 37. PARTNERS will confer on any claim that may affect WORK or PARTNERS' liability or responsibility under this agreemen.t_ii'order toretain resolution possibilities for potential future claims. No partner shall prejudice the rights Of another partner until after PARTNERS confer on- claim. B. PARTNERS will maintain and make available to each other all WORK - related documents, including financial data, during the term of this agreement and retain those records for four (4) years from the date PACT Version 9.1 3:31.08 5 of 18 1 ' 1 District Agreement 04 -2263 of termination or COMPLETION OF WORK, or three- (3) years.frorn the date of final federal voucher, whichever is later. 39. PARTNERS have the right to audit each other in accordance with generally accepted governmental audit standards. CALTRANS, the State auditor, FHWA, and CITY will have access to all WORK - related records of each partner for audit, examination, excerpt, or transaction. The examination of any records will take place in the offices and locations where said.records are generated and/or stored and will be accomplished during reasonable hours of operation. The audited partner will review the preliminary audit, findings, and recommendations, and provide written comments within 60 calendar days of receipt. Any.audit dispute not resolved by PARTNERS is subject 'to dispute resolution. Any costs arising out of the dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution findings. 40. PARTNERS consent to service as permitted by law. 41. PARTNERS will not incur costs beyond the funding commitments in.this agreement. If IMPLEMENTING AGENCY anticipates - that funding for WORK will be insufficient to complete WORK, SPONSOR(S) will seek out additional funds and PARTNERS will amend this agreement. 42. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a safe and operable condition acceptable to CALTRANS. 43. If WORK stops for any reason, PARTNERS are still obligated to implement all applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at :the time that WORK stops, as they apply to each partner's responsibilities in this agreement,.in order to keep PROJECT in environmental compliance until WORK resumes. 44. As the NEP..A lead agency, CALTRANS will coordinate and obtain the following.federal resource agency permits; agreements, and/or'approvals: U.S. Army Corps of Engineers Permit (404). 45. CALTRANS Will coordinate and obtain the following non- federal resource agency permits agreements, and /or approvals:,.Department of Fish and Game 1600 Agreement(s), Waste Discharge.(NPDES) Permit,. Regional Water Quality Control Board 401 Permit, and any other non-federal resource agency permits, agreements and/or approval which are required for PROJECT. 46. CITY will, prepare any required. federal resource agency permits, agreements and /or approvals for PROJECT. CITY will .submi:tall said applications to CALTRANS for review, comment and approval. CALTRANS will submit the applications to the appropriate federal resource agencies. PACT Version 9.1 3.31.08 6 of 18 l/ LA b District.Agreement 042263 47. CITY will prepare, any required non- federal resource agency permits,;a'greements and/or approvals for PROJECT. CITY will submit all said: applications to CALTRANS for review; continent and approval. CALTRANS will' submifthe'.finat applications to the appropriate non- federal resource agencies. 48. Each partner accepts responsibility to complete the activities that they selected on the SCOPE SUMMARY. Activities marked with "N /A" on the SCOPE SUMMARY are not included in the scope of this agreement. Scope: Plans, Specifications and Estimates (PS &E) 49. CITY will ensure that the engineering.firrn preparing the plans, specifications, and'estimates will not be employed by or under contract to the PROJECT construction contractor. CITY will not employ the engineering firm preparing the plans, specifications, and estimates for construction management of PROJECT. However, CITY may retain the engineering firm during CONSTRUCTION to check shop drawings, do soil foundation tests, test construction materials, and perform construction surveys. 50. CITY will identify and locate all facilities within PROJECT area as part of PS &E responsibilities. All utility facilities not relocated or removed in advance of construction will be identified on the plans, specifications, and estimate for PROJECT. 51. CITY will make all necessary arrangements with utility owners for, the timely accommodation, protection, relocation, or remoyal of any existing utility facilities that conflict with construction of PROJECT or that violate.CALTRANS' encroachment policy. 52. The responsibility to advertise,- -bids, award, and approve the construction contract (AAA) will be handled outside the commitments of this agreement. However, CITY and CALTRANS acknowledge, and have agreed, that when AAA is necessary, CALTRANS will perform those duties which include activity 3.265. 53. CITY acknow:Iedges that activity 3?60 will be performed by CALTRANS. In order for CALTRANS to perform AAA: m -the ; future; the PSBE package must be reviewed' and approved by CALTRANS District and HQ Office Engineers.pr'or =to advertisement, which includes all the duties listed in the SCOPE SUMMARY activity 3.260. 54. CITY will ensure. that the consultant who prepared .the PS &E package will remain available to address all comments generated during the performance of activity 3.260. Scope: Righf of Way (R/w) 55. CITY will - provide. a land surveyor licensed in the State of California to be responsible for surveying and right of way engineering. All survey and right of way engineering documents shall bear the professional PACT Version 9.1 3.31.08 7 of 18 District Agreement 044263' seal,. certificate number, registration classification; expiration date of certificate, and signature of the responsible surveyor: 56. CITY will provide CALTRANS-approved verification of its arrangements for the protection, relocation, or removal of:all conflicting facilities and that such.work will be completed prior to construction 'contract award or as otherwise stated in the PROJECT plans, specifications, and estimates. This verification must include references to all required SHS encroachment permits. 57. CITY will utilize a qualified CALTRANS= approved public agency or consultant in all right of way activities. Right of way.consultant contracts will be administered by a qualified right of way person. 58. CITY will provide a Right of Way Certification to CALTRANS prior to PROJECT advertisement. 59. All right of way conveyances. must °be completed prior to COMPLETION OF WORK. CALTRANS' acceptance of right of way title is subject to review of an Updated!, Preliminary Title Report provided by CITY verifying that the title is :free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS' name. 60. The California Transportation Commission (CTC) will hear all Resolutions of Necessity (RONs), if property condemnation is necessary. COST Cost: General 61. SP,ONSOR(S) will secure funds for all WORK including any additional funds beyond the FUNDING PARTNERS' existing - commitments in;this agreement: Any change'to the funding commitments outlined in this agreement requires an amendment to this agreement. 62. The cost of any awards,. judgments, or settlements generated by WORK is a WORK cost. 63. CALTRANS, independent of PROJECT, will pay all-costs for HM MANAGEMENT ACTIVITIES related to HM =I found within existing SHS right of way. 64.. Independent' ofPR. OJECT allcosts. forHMMANAGEMENTACTIVITI .ESrelatedtoH-M-:l found outside.the existing SHS, right of way will be the responsibility of the owners) of the parcel'(s) where the HM =I .is located. 65. I M MANAGEMENT' ACTIVITIES costs related to HM -2 are a PROJECT CONSTRUCTION cost. .66. The cost of coordinating,.obtairiing, complying with, implementing, and if necessary renewing and amendirig.resource agency permits, agreements, and/or approvals is a WORK cost. 67. The cost to comply with.and:implement the commitments set forth in the environmental documentation is a WORK cost. PACT Version 9.1 3 -31.08 8 of 18 5 0 District Agreement 04 -2263 68. The cost to ensure that PROJECT remains in environmental compliance is a WORK cost. 69. The cost ;ofany legal challenges to the CEQA or NEPA environmental process or documentation is a PROJECT cost. 70. Independent of WORK costs, CALTRANS will.fund the cost of its own IQA for WORK done within existing or proposed future SHS right of way. 71. . Independent of WORK costs, CITY will fund the cost of its own IQA for WORK done outside existing or proposed future SHS right of way. 72. Fines, interest, or penalties. levied against any partner will be paid independent of WORK costs, by the partner whose actions or lack of action caused the levy. That partnerwill.indemnify and defend all other partners. 73. The cost to place PROJECT right of way in a safe and operable condition and meet all environmental commitments is a WORK cost. 74. Because IMPLEMENTING AGENCY is responsible for managing,the scope, cost, and schedule of a project component, if there are.' insufficient funds.available'in this agreement to place the.right of way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time as PARTNERS amend this agreement. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 75. If there are insufficient funds 'in`this agreement to implement applicable commitments and conditions included in the PROJECT environmental documentation, permits;, agreements, and/or approvals that are in effect at a time that WORK stops, the partner implementingthe commitments or conditions accepts responsibility to fund theseactivities•until such time are PARTNERS amend this agreement. That partner may request reimbursement for these costs during the amendment process. 76. PARTNERS Will pay invoices 30 calendar days of receipt of invoice. 77. FUNDING' . ARTNERS accept responsibility to provide the funds identified on the FUNDING SUMMARY. 78. SPONSORS) Taccepts responsibility to ensure full funding for the identified scope of work. Cost: Plans ,:Specificaiions,�aud.Estimates (PS &E) 79. The cost to positively identify and Jocate, protect, relocate, or remove any utility- facilities whether inside or outside SHS right of way will be determined in accordance with federal and California laws and PACT Versiom9.1 3.31.08 9 of 18 ) District Agreement 04 -2263 regulations, and CALTRANS' policies,. procedures, standards, practices, and applicable agreements including,'but not limited to, Freeway Master Contracts. 80. The following_ partners will submit invoices for PS &E: ® CALTRANS will :invoice CITY 81. PARTNERS will exchange funds for actual costs. CALTRANS will. invoice CITY 'for an initial deposit. of $50,000 ,upon execution of this agreement. This deposit represents two (2) months' estimated support costs. Thereafter CALTRANS will submit to CITY monthly invoices for costs based on the prior month's actual expenditures. After PARTNERS agree that all' Scope activities are complete, CALTRANS will submit a final accounting. for all WORK costs-Based on, the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the obligation of this agreement. SCHEDULE 82. PARTNERS will manage the schedule for WORK through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 83. This agreement will be understood in accordance-with and .governed by the Constitution and laws of the State of California. This agreement will be enforceable in the,State of California. Any legal action arising from this agreement will be filed'and maintained in the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. 84. Alli obligations of CALTRANS under the terms of this agreement are subject to the appropriation of resources by the Legislature, the_State Budget Act authority, and the allocation of funds by the California Transportation Commission. 85. Any'PARTNER who performs IQA so for its own benefit, further,, that PARTNER cannot be assigned liabil:ityAtie to its IQA activities. 86. Neither CITY. noramy;o_fficer or employee thereof is responsible for any injury, damage or liability occurring byreasoh,.of anything done or omitted to be done by CALTRANS under or in connection with any work, authority,..or jurisdiction conferred upon CALTRANS under this agreement. It is understood.and agreed that CALTRANS will fully defend, iridernnify, and save harmless CITY 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 PACT Version 9.1 3.31,.08 10 of 18 52- District Agreement 04 -2293 assertions of'li.abili.ty occurring by reason of anything done or ornitted to be done by CALTRANS under this agreement. 87. Neither CALTRANS 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 CITY under or in connection with any work, authority, orjurisdiction conferred upon CITY under this agreement. It is understood and agreed .that CITY will fully defend, indemnify, and save harmless CALTRANS and all: of its officers and employees from Al claims, suits, or actionsof 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. 88. This agreement is not intended to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this, agreement. This agreement is not intended to affect the legal liability of PARTNERS by imposing any standard of care for completing WORK different from the standards imposed by law. 89. PARTNERS will not assign or attempt to assign agreement obligations to parties not signatory to this agreement. 90. Any ambiguity contained in this:agreement will not be interpreted against PARTNERS. PARTNERS waive the provisions of California `Civil Code section 1654. 91. A waiver of a partner's performance under this agreement will not constitute a continuous waiver of any other provision. An amendment made to any article or section of this agreement does not constitute an amendment to or negate all other articles or sections of'this agreement. 92. A delay or omission to exercise aright or power due to a default does not negate the use of that right or power in the future when deemed necessary. 93. If any partner defaults in. their-agi-eement obligations, the non - defaulting partner(s) will request in writing that the default be, remedied within 30 calendar days. If the defaulting partner fails to do so, the non - defaulting partners) may initiate dispute resolution. 94. PARTNERS will first.atteiriptto resolve agreement disputes at the PROJECT. team level: If they cannot resolve the- dispute themselves, the CALTRANS' district director and the executive officer of CITY will attempt to negotiate a.resolution. If no resolution is reached, PARTNERS legal counsel.will initiate mediation. PARTNERS':agree to participate in mediation in good faith and will share equally in its costs. Neither.the dispute nor the mediation process relieves: PARTNERS from full and timely performance of VIrORK:in accordance with °the terms of this agreement. However, if any partner.stops WORK, the other partner(s) inay seek equitable relief to ensure that WORK continues. PACT Version 9.1 3.31.08 11 of 18 53 District. Agreement 04 -2263 Except for equitable relief, no partner.may file a civil conipl'aint until after. mediation, or 45 calendar days after filing the written - mediation request, whichever occurs first. Any civil complaints will be.filed in'the Superior Court of the county in which the CALTRANS district office signatory to this agreement resides. The prevailing partner will be entitled to an award of all costs, fees, and expenses, including reasonable attorney fees as a result oflitigating a dispute under this agreement or to enforce the provisions of this article including equitable relief. 95. PARTNERS- maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve°resolution. 96. If any provisions in this agreenment are deemed to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other agreement provisions invalid inoperative, or unenforceable, and those provisions will be automatically severed from this agreement, 97. This agreement is intended to be PARTNERS' final expression and supersedes all prior oral understanding or writings pertaining to WORK. 98. If during performance of WORK _additional activities or environmental documentation is necessary to keep,PROJECT in environmental compliance, PARTNERS will.:amend this agreement to include completion of those additional, tasks. 99. PARTNERS will execute a formal written amendment if there are any changes to the commitments made in this agreement. 100. This agreement will terminate upon COMPLETION OF WORK orupon 30 calendar days' written notification to terminate and acceptance between PARTNERS, whichever occurs first. However, all indemnification, document retention, audit, claims environmental commitment, legal challenge, and ownership articles will remain in effect until terminated or modified in writing by mutual agreement. 101. The following documents are attached to, and made an express part of this agreement: SCOPE SUMMARY, FUNDING SUMMARY. 102. Signatories rnay-execute this agreement through individual signature pages that each signature is an original. This agreement 'is fully executed until all original signatures are attached. PACT Version 9.1 3.31.08 12 of 18 District Agreement 04 -2263 CONTACT INFORMATION The information provided below indicates the'prirnary con tact. data.`for to this agreement. PARTNERS will notify each other:in writing of any personnel or location changes. These changes do not require an amendment to this agreement. The primary agreement contact person for CALTRANS is: Jit Pandher, Regional Project Manager 111 Grand. Avenue Oakland, California 94623 Office Phone: (510) 286 -6425 Email: jit_spandher @dot:ca.gov The primary agreement contact .person for CITY is: Vincent Marengo, Director of Public Works 11 English Street Petaluma, California 94952. Office Phone: (707.) 778 -4467 Fax Number: (707) 776 -3602 Email: vmarengo @ci.petaluma.ca.us The billing contact person for CITY" is: Vincent Marengo, Director of Public Works Petaluma, California 94953 Office Phone: (707) 778 -4467 Fax Number: (707) 776 -3602 Email: vmarengo @ci.petaluma.ca.us PACT Version '9.1 3.31.08 13 of 18 Y District Agreement 0.4 -2263' . SIGNATURES PARTNERS declare that: 1. Each partner is anzuthor zed "legal entity under Cal'ifom a state. law. 2. Each partner has the authority to enter into this agreement. 3. The people signing this agreement have the authority to do so ori.behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: / la - La=_ Helena (Lenka). Culik =Caro Deputy District Director CERTIFIED AS TO FUNDS: CITY OF PETALUMA Join C. Brown City Manager Attest: 0jabLe Claire Cooper City Clerk By: l Cynthia Stratton District Budget Manager APPROVED AS TO FORM AND PROCEDURE B Eric Danly City Attorney APPROVED By: ' 2 Gy Department Director APPROVED R k Manager lj APPROVED Finance Director PACT Version 9.1 3.31.08 14 of 18 04- SON -101 -4.05 - EA: 26404 District Agreement 04 -2263 SCOPE SUMMARY v LO co n co c o U m � � Z J Q U } F- U z 3 Plans; Specifications, and Estimates (PS&E) - 185, 230i.'235,- 240,250, 255; 260, 265 X X 185 Prepare Base Maps and Plan Sheets for PS &E Develo merit. X 230 Prepare Draft Plans ,rSpecifications X 235 Wa9ee Environmental Impacts: and Cleari Up Hazardous X X X 05 Environmental Mitigation X X 05' Historical Structures Mitigation X 10 Archaeological and Cultural Mitigation X 15 Biological Mitigation X 20 Environmehtal Mitigation Ridht of Way Work X 25 Paleontology Mitigation X 99 Other.Environmental Mitigation. Products X 10 - Detailed Site investigation for Hazardous Waste X 15 Hazardous Waste Management Plan X 20 Hazardous Waste Plans, Specifications,, and Estimates X '25 Hazardous Waste Clean -Up X 30 Certificate of Sufficiency X 35 Long Mitigation Monitoring X 40 Updated Environmental Commitments. Record X 45 NEPA Delegation X 240 Draft-.Structures Plans Specifications, and Estimates X 250 Final - Structures Plans, Specifications, and 'Estimates Package X 255 Circulate, Review, and Prepare Finai,DistrictPlans, S ecifications ,and.Estimates,Packa e X X 05 : Circulated :and Reviewed. Draft, District; Plans, ; Specifications and Estimates Package .. X 10 Updated Plans, Specifications, and Estimates- Package X 15 Environmental Re- Evaluation X 20 Final District Plans, Specifications, and Estimates Package X 25 Geotechnical Information Handout X 30 Materials Information Handout X 35 Construction Staking Package and Control X 40 . Resident Engineer's Pending File X 45 NEPA Delegation X 50 Secured Lease for Resident Engineer Office Space or Trailer X 260 Contract Bid Documents Ready to List X 265 Awarded and Approved Construction Contract X PACT Version 9 -1 3,31.08 15 of 18 District Agreement 04 72263 4 Right Of W,ay (RNV) =,195, 200",!220, 225; 245 X 195 Righf of Wa Y Pro e rt Management:and`Excess.Land p X 200 Utility Relocation, X 1.5 Approved'Utility Relocation Plan X 20 .Utility Relocation Package X 25 Utility Relocation Management X 30 Utility Close Out X 99. Other Utility Relocatior Products X 220 Right of Way Engineering X 225 Obtain Right of Way Interests for Project Right of Way Ceitification. X 245 Post Rigfit,of Way Certification Work X 300 Final Right of Way Engineering X PACT Version 9.1 3.31.08 16 of 18 � 07 Cl) N O CD L 6 I;YCV (D N LO ! N ' O- Q CD V w .0 !- N O E 0 CP �. 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