HomeMy WebLinkAboutAgenda Bill 4.APart2 11/15/20109
EXHIBIT `A'
TEMPORARY CONSTRUCTION EASEMENT
Parcel 1 (602984)
Being an easement for construction purposes and incidents thereto, upon and across a
portion of the lands of The Novak Property, LLC, as recorded in Document No. 2010-
026833, Official Records of the County of Sonoma, 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 °25'29" E., 884.07 feet" in the last said deed; thence from said Point of
Commencement along said existing right of way of the State of California North
37 °19'06" East, for distance of 38.829 meters to the Point of Beginning of the parcel
to be herein described;
thence, from said Point of Beginning, leaving said existing right of way, North
74 °58'11" West, for a distance of 29.308 meters.
thence, along a .tangent curve to .the right, with a radius of 187.400 meters, through a
central angle of 02 0 58'37 ", for a distance of 9.737 meters;
thence, along a non tangent curve to the right, from a tangent that bears, North
81 West, with a radius of 60.960 meters, through a central angle of 21'48'59",
for a distance of 23.212 meters;
thence, North 59 °29'34" West, for a distance of 53.992 meters;
thence, North 33 °02'56" East, for a distance of 1.340 meters;
thence, North 56 ° 57'04" West, for a distance of 49.777 meters;
thence, North 50 °53'08" West, for a distance of 18.692 meters;
thence, North 58 °22'44" West, for a distance of 30.000 meters;
thence, North 63 West, for a distance of 18.239 meters;
thence, , North 60°09'1.3" West, for a distance of 9.556 meters;
thence, North 62 West, for a distance of 5.374 meters;
thence, North 58 °22'44" West, for a distance of 0.809 meters to a point.on the common
boundary of said lands of The Novak Property, LLC, and the lands of Syers Properties
I, L.P., as described in that Grant Deed filed under Document No. 2002 135205,
Official Records of the County of Sonoma;
K :1Eng0 9109 9 084 7DocsV- egals12421 Novak TCE.doc
8/17/10
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thence, along said common boundary, North 36 °46'56" East, for a distance of 12.923
meters;
thence, leaving said common boundary South 51 °28'17" East, for a distance of 84.099
meters
thence, South 56 °57'04" East, for a distance of 75.375 meters;
thence, along a tangent curve to the left, with a radius of 184.352 meters, through a
central angle of 04 °1'1'12 for °a distance of 13.470 meters;
thence, South 59 °29'34" East, for a distance of 12.614 meters;
thence, along a tangent curve to the left, with a radius of 57.912 meters, through a
central angle of 60 °52'24 ", for a distance of 61.528 meters;
thence, South 52 0 40'54" East, for a distance of 11.851 meters;
thence, South 37 0 19'06" West, for a distance of 16.946 meters to the Point of
Beginning;
Containing 1,410 square meters (0.141 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
Exp. 09/30/11
No., _4760 Dated:
Ralph H. homas, o.
'OF
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8/17/10
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EXHIBIT 'B' LANDS OF
Nfi -C.E 2 SYERS PROPERTIES I, L.P.
N36'46'56 "E DN 2002 - 135205
>2'44 " 12.923m FA R r 1 JWW P J
0.809m
N62'10'59 "W
Sub, ec t
5. 374m
N0 09'13 "W
9.556m
A
N63'14'46 "W
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18.239m
SANTA ROSA, CA 95401
PH: 707- 542 -6465
N58'22'44 "W
20099084
30.000m
FAX: 707 -542 -1645
By JAK
Date APR 2010 Chkd . RHT
1
N 50'53'08 "W
I
18.692m
z z
1.340m
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R =60.960m
L= 23.212m
109
RIGHT OF WAY LINE
LANDS OF
THE NOVAK 'PROPERTY, LLC
DN 2010 - 026833
w
A-- 1'12"
3 R =184352m
L=1 3.470m
559'29'34 °E
12.6114m Q 4Q 100
r 1 � `, iCS+j_ SCALE 1:2000 METERS
A- 2'58'37"
'R=187 00M
I a
L =9.737m N74'58'1 1 "W
S52'40'54 "E
29.308m 38.839in 11. 851 m
N3719'06 E
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CL 2421EXHB- Novok- TEE.dwg:
S371900 W 16.946m
POINT OF (N36'25'29 "E 884.07'— PER 1233 Q.R. 381) — — — —
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COMMENCEMENT POINT OF E WASHINGTON ST
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325 TESGONI, CIRCLE
Sub, ec t
TEMPORAHY G `YV!`l� tA�tMtN i
OVER THE
LANDS OF THE NOVA PROPERTY, LLC
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SANTA ROSA, CA 95401
PH: 707- 542 -6465
Job No.
20099084
C A'R L E N Z'O L I
FAX: 707 -542 -1645
By JAK
Date APR 2010 Chkd . RHT
1
ENGINEERS /SURVEYORS/ PLANNERS
SHEET 1 OF
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CL 2421EXHB- Novok- TEE.dwg:
S371900 W 16.946m
POINT OF (N36'25'29 "E 884.07'— PER 1233 Q.R. 381) — — — —
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COMMENCEMENT POINT OF E WASHINGTON ST
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ATTACHMENT 2
Resolution No. 2009 -075 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE
A COOPERATIVE_ AGREEMENT BE'T'WEEN THE CITE' AND CALTRANS
IN AN AMOUNT NOT TO EXCEED $2.85M FOR DELIVERY OF PLANS,
SPECIFICATIONS AND ESTIMATE'S (PS &E) AND RIGHT =OF -WAY ACQUISITIONS,
AND TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND
SCTA TO PROVIDE CONSTRUCTION FUNDING IN AN AMOUNT
NOT -TO= EXCEED $1.151VI 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 $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; and,.
WHEREAS; on January 26, 2009, the Petaluma Community Development Commission
adopted the findings, made in accordance with California Healthr 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, 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,
Resolution No. 2009 -075 N.C.S. Page 1
3
WHEREAS, in order to,proceed, a cooperative fundingg, agreement for contribution of
construction funding must be executed between the City of Petaluma and the Sonoma County
Transportation Authority.
NOW 'THEREFORE, BE IT 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 pow,erand 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:
City rney
AYES: Vice Mayor Barrett, Glass, - Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
Resolution No. 2009 -075 N.C.S.
Mayor
35
Page 2
ATTACHMENT 3
Exhibit A to Resolution 2009 -075
COOPERATIVE AGREEMENT
04 - SON -101 -4.05 - 5.20
EA: 26404
District Agreement 04 -2263
This agreement, effective on \J� 3: 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
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 an 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.
Prior to this agreement, CALTRANS developed the Project Initiation Document and CALTRANS
developed the Project Report.
6. CALTRANS prepared the environmental documentation for PROJECT.
The estimated date for COMPLETION OF WORK is January 31, 2011.
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 httpc / /dot.ca.gov
CEQA — The California:Ertvironmental. 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.
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COMPLETION OF WORT{ — 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.
FHWA — Federal Highway Administration.
FHWA STANDARDS — FHWA,regulations, policies and procedures including, but not limited to, the
guidance provided at http://www:fhwa.dot.g6v/programs.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.
HM -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 manifest 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 environment
and a process to disclose the adverse impacts of projects with a federal nexus.
PARTNERS — 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 MANAGEMEN.TYLAN — A group of documents used to guide a project's execution and control
throughout the project's lifecycle.
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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, 20,05.
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 WBS Guide) available at http: / /dot.ca. ov .
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.
WORK - All scope and cost commitments included in this agreement.
RESPONSIBILITIES
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 "beperformed in accordance with FHWA STANDARDS and CALTRANS
STANDARDS.
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16. IMPLEMENTING AGENCY for a project component will provide a Quality Management Plan for that
component as part of the PROJECT MANAGEMENT PLAN.
17. CALTRANS will provide IQA for the portions of WORK within; existing and proposed SHS right of
way. CALTRANS retains the rightto reject noncompliant WORK, protect public safety, preserve
property rights, and ensure thatall .WORK is in the best interest of the SHS.
18. CITY may provide IQA for the portions of WORK outside existing and proposed SHS right of way.
19. PARTNERS may, .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 Cal iforma Labor Code and all applicable
regulations and covera ge. determ nations 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 requirements in all contracts for "public work" and will require their
contractors and consultants to:include prevailing wage requirements in all agreement- funded
subcontracts for "public work".
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:(including, but not limited to, contractors, consultants, and utility owners) must .
obiain,an encroachment 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'professonal can evaluate the nature and
significance of the discovery and a plan is approved for its removal or protection.
26. All administrative draft= and.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).
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PARTNERS will not distribute, release, orshare said:documents with anyone otherthan 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
will notify PARTNERS within five (5) working days of receipt, and -make PARTNERS aware of any
transferred public documents.
28. If HM -1 or HM -2 is found during WORK, IMPLEMENTING AGENCY for the project component
during which it is found will itnmediately notify .PARTNERS.
29. CAL.TRANS, independent of PROJECT, is responsible.for.any HM -.1 found within existing SHS right
of way. CALTRANS will undertake HM -1 MANAGEMENT ACTIVITIES with minimum impact to
PROJECT schedule.
30.. If HM -I is.found outside existing SHS right of way, .responsib Jity for such HM -1 rests with the
owner(s) of the parcel(s) on which the HM -I is found. CITY in concert with the local agency having
land use jurisdiction over the parce.l(s),,will ensure that H1v4-1 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 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 'tl he implementation of WORK -in that component.
35. UFon COMPLETION.OF WORK, ownership and title to all - materials and equipment: or
installed' as part.of WORK within SHS right of way become the property of CALTRANS.
36. IMPLEMENTING AGENCY for a project component may accept, reject, compromise, settle, or litigate
claims of any Don-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 agreement.ii'order to retain resolution possibilities for potential future claims. No partner
shall prejudice the: rights of another partner until after PARTNERS confer on claim.
38. 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
a
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of termination or COMPLETION OF WORK, or three (3) years.from 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 ant cipates�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 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 NEPA lead agency, CALTRANS will coordinate and obtain_ the following federal resource
ageocypermits; agreements, and/or 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 submit all said applications to CALTRANS for review, comment and approval.
CALTRANS will submit the final applications to the appropriate federal resource agencies.
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47. CITY will prepare -any required non-federal resource agency per—mits,agreements and/or approvals for
PROJECT. CITY will submit all said. applications to CALTRANS for review, comment and approval.
CALTRANS will submit the final 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 engineeririg.firm 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 utility facilities within PROJECT area as part of PS &E responsibilities.
All utility facilities not relocated,or removed in advance of.coiistruction 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 removal of'any existing utility facilities that.conflict with construction of
PROJECT or that violate CALTRANS' encroachment policy.
52. The responsibility to advertise open 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 acknowledges that activity 3.260 will be performed by CALTRANS. In order for CALTRANS.to
per -form AA&in the.f iture the PS &E package must be reviewed and approved by CALTRANS- District.
and HQ Office Engineers 'prior to advertisement, which includes all the duties listed in the SCOPE
SUMMARY`under a. ctivity 1260.
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: Rightbf Way (IUW)
55. CITY will:proyide 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
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seal, certificate 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 bya 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, acceptance, CITY will provide
CALTRANS with a Policy of Title Insurance in CALTRANTS' name.
60. The California Transportation Commission (CTC) will hear all Resolutions of Necessity (RONs), if
property condemnation is necessary.
COST
Cost: General
61. SPONSOR(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.
61 CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES
related to HM =1 found within existing SHS right of way.
64. Independent of PROJECT; _all costs for HM MANAGEMENT:ACTIVITIES related to HM -:1 found
outside .tbe •existing SHS, right of way will be responsibility of the owner(s) of the parcel(s) where the
HMA is located.
65. HM MANAGEMENT ACTIVITIES costs related to HM -2 are a PROJECT CONSTRUCTION cost.
66. The cost of coordinafin&.. m
obtaining, complying with, impleenting, and if necessary renewing and
amending: resource 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.
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68 The .post to ensure that PROJECT remams.in environmental compliance is a WORK cost.
69. The cost ofahy legal challenges the CEQA or NEPA environmental process or documentation is a
PROJECT cost.
- 70. Independent of WORK costs, CAL;TRANS 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 ow, IQA for WORK done outside existing
or proposed future SHS right of way.
72. Fines, interest, or penalties. levied agamst.any partner will.be paid., independent of WORK costs, by the
partner whose actions or lack of acfion caused the levy. That partner will 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 thin 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 implementing commitments or conditions accepts
responsibility to fund these activities`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: within 30 calendar days of receipt of invoice.
77. FUNDING - PARTNERS accept responsibility to provide the funds identified on the FUNDING
SUMMARY.
78. SPONSOR(S): accepts responsibility to ensure full funding for the identified scope of work.
Cost: Plans, Specif'caiions; add Estimates (PS &E)
79. The cost to positively identify and locate, protect, relocate, or reinove any utility-facilities whether inside
or outside SHS right of way will - be determined in accordance with federal and California laws and
PACT Version 9.1 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:
m CALTRANTS will invoice CITY
81. PARTNERS will exchange hinds 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 obIigation 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. All 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 does so for its own benefit, further,, that PARTNER cannot be
assigned liabil ty.dueto its IQA activities.
86. Neither CITY nor,any'officer or employee thereof is responsible for any injury, damage or liability
occurring by reason.of ailything done or omitted to be done by CALTRANS under or in connection with
any work, authorit.y,.or,jursdiction conferred upon CALTRANS under this agreement.
It is understood.and agreed that CALTRANS will fully defend, indemnify, 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 L`
District Agreement 04 -2263
assertions of :liability occurring by reason of anything done or omitted 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 Abe done by CITY under or in connection
with any work, authority, or jurisdiction 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 off cers and employees from all' claims, suits, or actions 'of every name, kind, and description
brought forth under, but, not limited to, tortious, contractual,.anverse 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 ob'li'gations 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.wilf 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 exereise'a right 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�agreement obligations, the non- defaulting partner(s) will request in
writing that the default be rernedied.within 30 calendar days. If the defaulting partner fails to do so, the
non defaulting partner(s) may initiate dispute resolution.
94. PARTNERS will. first,attempt to 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
WORK'* n. accordance wAli the terins of this agreement. However if any partner stops WORK, the other
partner(s)-may seek equitable relief to ensure that WORK continues.
PACT Version 9.1 3.31.08 11 of 18 l 1
District. Agreement 0.4-2263-
Except for equitable relief, no partner'may file a civil complaint until after 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 of-litigating 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 provision$. n this agreement are deemed to lie, or are in - fact, illegal, inoperative, or
unenforceable, those vi si ons- 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 eomplianee, 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 :may execute this agreement` through individual signature pages provided that each signature
is an original. This agreemen is not fully executed until all original signatures are attached.
PACT Version 9.1 3.31.08 12 of 18 q1 1
District Agreement 04 -2263
CONTACT INFORMATION
The information provided below indicates theprirnary con tact: data. for'each.partner 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: (5 10) 286 -6425
Email: jit_s _pandher @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.petaluina.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.petaluina ..ca.us
PACT Version 9.13.31.08 13 of 18
District.Agreement Q4 -2263°
SIGNATI( R-ES
PARTNERS' declare that:
1. Each partner is an authorized legal entity under California state -law.
2. Each partner- hag the authority to enter into this ;agreement:
3. The people signing this agreement have the authority'to do so on, behalf of their public agencies.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
AL
By:
Helena (Lenka). Culik -Caro
Deputy District Director
CERTIFIED AS TO FUNDS:
CITY OF'PETALUMA
John C. Brown
City Manager
Attest:
Claire Cooper
City Clerk
By:
Cynthia Stratton
District Budget Manager
PACT Version 9.1 3.31.08
APPROVEDAS TO FORM AND
PROCEDURE
By:. LA
Eric Danly
City Attorney
.APPROVED
By:
Department Director
APPROVED
R `k Manager (
APPROVED
Finance Director
14 of 18
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04- SON -101; 4.05 - 520.
EA: 26404
District Agreement 04=2263
SCOPE SUMMARY
PACT Version 9 -1 3.31.08
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Plans, , Estimates (PS&E) : 185,
230, 240,;250, 255; 260, 265'
X
X
185
Prepare.Base Maps and Plan Sheets for PS &E
Development.
X
230
Prepare Draft Plans, Specifications.and;Estimates
X
235
Mitigate Environmental Impact §Nand Clean Up Hazardous
Waste
X
X
X
05
Environmental Mitigation
X
X
05
Historical Structures Mitigation,
X
10
Archaeological and Cultural Mitigation
X
15
Biological Mitigation
X
20
Enyironmenta.l Mitigation Right 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
G6i ificate'of Sufficiency
X
35
Long'Term Mitigation Monitoring
X
40
Updated Environmental Commitments. Record
X
45
NEP,A.Delegation
X
240
Drak- Structures Plans Specifications, and'Estimates
X
250
Final'- Structures Plans, Specifications, and Estimates
Package
X
255
Circulate . Review, and Prepare Final District Plans,
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
20
Final,District Plans, Specifications, and Estimates
Package
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
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District Agreement 04 72263
4.
Right of Way (RM) -195, 200, 220,225; 245
X
195
Right of Way. Property Management.and'Ezcess Land
X
no
Utility Relocation
X
15`
Approved Otility Relocation Plan
X
20
Ufility Relocation Package
X
25
Utility Relocation Management
X
30
Utility :Close Out
X
99
Other Utility Relocation Products
X
220
Right of Way Engineering
X
225
ObtaintRight of Way Interests. for Project Right; of Way
Certification.
X
245
Post Right of Way Certification Work
X
300
Final R.iglit bf Way Engineering
X
PACT Version 9.1 3.31.08 16 of 18 `�,
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ATTACHME T A Agreement Number'SCTA 10008
Exhibit B'to Resolution 2009 -075
COOPERATIVE.]H'>UNDING AGREEMENT
BETWEEN
THE SON.OMA COUNTY TRANSPORTATION AUTHORITY
'AND
CITY O>F PETAI. UMA
This Agreement is made and entered into as of 0,640 :Lelv 2-4 ,
2009 ( ".Effective Date)'by and between: the City of Petaluma hereinafter referred to as
"CITY" and the SONOlVIA COUNTY TRANSPORTATION AUTHORITY hereinafter
referred to as "AUTHORITY."
RECITALS
1. AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement
to define a framework to enable the two parties to work cooperatively in developing
transportation improvements -on the Highway 101 /.East Washington Interchange in
Sonoma County, as more ,particularly described in Exhibit A to this agreement (hereinafter
referred to as "Project ").
2. Caltrans has'completed,:the Environmental (P:AED) phase of the Project with
State. TCRP funding.
3. Caltrans completed 65 % design plans, specifcations.and estimate (PS &E) for
the Project with .State TCRP funding.
4. Caltrans stopped work : on the Project when TCRP funding was exhausted.
5. AUTH an d' C ITY d a financial plan. a schedule, 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, AUTHORITY is committed to make
available up to $2 , Highway 101 Program funding.to assist with the Project.
7:. CI. is committed to make available up to $4,000,000 in funding to assist with
the Project.
8. A,1(JI'OItITY 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 ] t
�5�
Agreement. Number SCTA10008
SECTION I
CITY AGREES-.
L Total CITY Contribution To provide up to $4,,000,000 in local funds [or other
CM 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 Agreements To enter into a cooperative agreement(s)
with Caltrans for the design.(PS &E), Right of Way Engineering and Support (ROW SUP)
and Right of Way (ROW) phases of the Project in accordance with the Project.Plan.
3. Completion of Work To timely complete the design (PS &E), 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 $1,150,000 in local funds [or other City
contribution] to the AUTIIORITY.forthe construction phase of°the Project.
5. Initial Deposit To make payment of $15.0,000. within 30- calendar days of
receipt of invoice for advance .. construction deposit.
6. Progress Payments 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 Cr 1'Y's
responsibilities for the Project CITY shall at all times comply with all applicable laws of
the United States, the State of the County, and with all applicable regulations
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.
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 AUTHORITY all records relating to expenses incurred in
performance of this Agreement.
9. Notice of Audit To provide timely notice to AUTHORITY if an audit is to be
conducted.
Page 2 of 1 1
Agreement Number SCTA 10008
SECTION R'
AUTHORITY AGREES:
1. T otal AUTHORITY Contribution To provide up to $2,850,000 in Measure M
Highway 10.1 program funds towards the Project, in accordance with the Project Plan. The
cost.of AU THORITY'.s. own administration, independent qualify assurance, oversight, and
project management Js not considered a Project cost that is covered by this.agreement and
.is not included :in the Project Plan.
2. Federal Funding - : To request programming . of S14,500,000 in
Federal funding towar&the construction and construction support phases of the Project
and to promptly notify CI'T'Y if Federal funding will.not`be available in accordance with
the Project Plan.
3. Additional Cooperative Agreements To enter,into a.cooperative agreement(s)
with Caltrans for the Advertise, Award, and Approve (AAA), Construction Support (CON
SUP), and Construction (CON) 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 mitigation by the time frames set forthin the environmental documents
and permits.
5. Initial. Deposit To invoice CITY for a $'1.50,000 initial deposit 60 working days
.M prior to advertisement of the construction contract.
6. Progress Payments To promptly invoice CITY for CITY's.share of all
construction progress' m accordance with the Proi;ect Plan, within 30- calendar
days of receipt from Caltrans ofeach invoice for construction progress payments.
7. Reconcile Construction .Payments. After receipt of.. final Construction
r _
accounting from Caltrans, A>IfiIHORITY will invoice or refund as necessary in order to
satisfy the obligation of this agreement.
8. Compliance with Laws With regard to administering and completing the
AUTHORITY's responsibilities for the Project, AUTHORITY shall at all times- comply
with all: applicable laws of the United States; the State of California, the County, and with
all applicable regulations 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 five (S) years following
completion of the'Project, or earlier discharge of-
thAgreement, AUTHORITY shall
make available to CITY all records relating to expenses incurred in performance of this
Agreement.
Page 3 of 11
15t'
Agreement Number SCTA 10008
10. Notice: of Audit To provide timely notice to CM'if an audit of CITY records
a
is to be conducted.
SEC'T'ION EU
IT IS MUTUALLY AGREED:
1. Funding Needs Ifadditional funds beyond those identified in the Project Plan
are necessary to complete.the; Project or if Federal funds are not available in accordance
A
with the Project Plan, AUTHORITY and CITY will cooperate to identify and secure new,
increased, or replacement funding. 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 Agreement will remain in effect until' discharged as provided in
Paragraph 3 or 13 of this Section III.
3. Discharge This Agreement shall be subject to discharge as follows:
a. This Agreement maybe canceled by a party for : breach of any obligation,
covenantor condition hereof by the other party, upon notice to the breaching party. With
respect to any .breach which is reasonably capable of being cured, the breaching party shall
have thirty (30) :days from the .date of the notice to. initiate steps to cure. If the breaching
party diligently pursues cure, such party shall be allowed ,a reasonable time to cure, not to
exceed sixty (60) days the date of the initial notice, unless a further extension is
granted by the breaching: party. On cancellation, the non- breaching party retains the
same rights as a party exercising.its.right to terminate under�the provisions of paragraph
3 (b), except that the canceling.,party_ also retains any. remedy for breach of the _whole
_
contract or any unperformed balance.
b. By mutual consent of both parties, this Agreement may be terminated at any
time.
c. This agreement may be, cancelled by either,party by no fault of either party if
Federal funding is not in accordance with the Project Plan.
4. 1ademnity Neither CITY nor any officer or employee thereof is responsible for
any injury, damage.oraiabrliry occurring by reason of anything done or omitted to be done
by Al(TI'HORI.T. Y under or •in connection with any work, authority, or jurisdiction
conferred upon AUTHORITY or ansing'under this agreement.
Page 4 of i I .
i
Agreement Number SCTA10008
It is understood and agreed that AUTHORITY will fully defend, :indemnify, and save_ harmless
CITY and all of its offi cers 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 ofliability 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 by reason of anything done or omitted to 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 may be required under this Agreement shall be in writing,
shall be effective when received, and shall be given by personal 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
vmarengo @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 1provisions, intent and purpose 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 expressly set forth herein, or in other
contemporaneous written agreements.
Page 5 of 11
Agreement Number SCTA10008
9. Independent A encies CITY renders its services under this Agreement as an
independent agency. None of the CITY'.s :agents or employees shall be agents or.
employees of the AUTHORITY. AUTHORITY renders its services under this
Agreement as an independent agency. 'N'one of the AUTHORITY's agents or employees
shall be agents or employees of the C'IT'Y. `
10. Assignment The Agreement may not be assigned, transferred, hypothecated, or
pledged by any party without the express written consent of the other party.
11. Successors This Agreement shall be binding. ,upon the successor(s), assignee(s)
or transferee(s) of the A><T'I'HOkITY or CITY as the :case may. be. This provision shall
not be construed as an authorization to assign, transfer,_ hypothecate or pledge this
Agreement other than as provided above.
12. Severability S. hould any part of this Agreement be determined to be
unenforceable, invalid or beyond .the authority of 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 of this Agreement can,
absent the excised portion, be reasonably interpreted to,give effect to the intentions of the
parties.
13. Limitation All obligations of AUTHORITY under the- terms of this
Agreement are.expressly subject to AUTHOR ITY's.:continued authorization to collect and
expend the sales tax proceeds provided by Measure M;. if for any reason AUTHORITY's
right to collect..or expend such;sales tax proceeds is terminated or suspended in whole or
part, AUTHORITY shall promptlynotify CITY, an&theparties shall consult on a course
- of action. If, after tweinty= five: - ( 25) working days; a of:action is agreed upon
the parties, this Agreement shall be deenmed terminated by mutual or joint consent;
provided, that any future obligation to fund from the date.ofthe.notice'shall be expressly
limited by and subject. to (1) 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,
agreernents to other obligations of AUTHORITY, of funds for such purposes.
Page 6 of 11
1!59
Agreement Number 0008
IN WITNESS WHEREOF, the•parties have executed this Agreement as of the
Effective Date.
CITY OF PETA_ LUMA SONOMA. COUNTY
TRANSPORT TI.ON AUTHORITY
By:
City Manager SCTA Chair
ATTEST:
By: uat� -
City Clerk
1 fl�a� Q
APPROVE A O.LEGAL :FORM /
FOR CY .
By: t p (
City Attorney
APPROVED
APPROVED AS TO SUBSTANCE:
By: ;_ 1/�l,Q_ Sult
Executive Director
By:
Legal Counsel
Authority
B L %�i
Department Director
By: o q
Risk Panaper
By e .._
Finance Director
Page 7 of 1 I
60
Agreement Number SCTA10.0.08
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTT''TRAlVSPORT'ATION AUTHORITY
AND
CITY OF PETALUMA
EXHIBIT .A
DESCRIPTION OF THE PROJECT
® 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 from westbound East Washington
Street to Highway 1 "01 with ramp metering and an.HOV bypass lane;
m Widen the, terminus of the northbound. off - -ramp from Highway 101 to East
Washington Street from two to four lanes.
Note: The Project doe's not include landscaping beyond erosion control. Landscaping
will - be accomplished by separate landscaping specific contract.
Exhibit A Page 8 of 11 CPS
Agreement N umber SCTA 10008
COOPERATIVE FUNDINGAUREEMENT
'RETVffEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
.. AND
CITY OF' PETALUM
EXHIBIT B
PROJECT FINANCLAL PLAN
Funding Plan by Fund Source and.Development Pbase,.(Funds in Tbousands)
FUND
PS&E;
ROW
ROW
CON
CON
TOTAL
SOURCE
$Up
CAP
SUP
CAP
CITY
&1,700
$1.50
$1,000
$ 0
S1,150
$4,000
(100916)
(1,00%) .
(66.7%)
(0 b /6)
(T.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%y
($0.0%)
Federal
$ 0
$ 0
$ 0 ,
$i.
$ , 0
$ 1,000
appropriation
(
(Q q /0
(0%)
(5.0%)�
(0%)
TOT AL
$1,700.
'$150.
$1,500
$1,00,
$16,000
$21,350
(100%)
(100%)
(100%)
(1 ® ® %` .
("100%)
Note: Measure M funding for ROW CAP of $500.0aO. is fo r: offLsi site Environmental
Mitigation, SCTA is implementing agency for off-site Environmental Mitigation.
4
Exhibit B
Page 9 of 11 Cp 2
Agreement Number ^SCTA]0oO8
^
� __---___ _-____'__=_M_____._____�
`
BETWEEN
--_ -_-- -__- C T RANSPORTATION -_'---_-_-_--
� -
AND
CITY OF'PETALUMA
EXHIBIT C
PROJECT SCHEDULE
Exhibit C
Environmenlal:(P��Ep)
-C omplete
Complete
Design (ME)
Feb,2QQ9
Apr 2010
Right 6f Way Acquisitipq
Apr H09
Jun 2010
Advertise, Award-, Approve (AAA)
JUV201-0
Sep 201
Construction
Sep 2010
1 Dec 2011
Exhibit C
c d
Agreement Number SCTA 10008
COOPERATIVE FUNDING AGREEMENT
BET'lVEEN
THE SONOMA COUNTY T'RANSPORT'ATION AUTHORITY
AND
CITY OF PETAI..I(71vIA
LWA: 6 6 110
1;
RESPONSII3ILITEES OF'THE PARTIES
Table C-1: Additional Cooperative Agreements between Parties by Development Phase
Project Activity
Coo erative A reement
Caltrans
Authority
ci
i
Environmental (PAED)
X
X
Design (PS &E)
X
X
Right of Way Engineering and Support ort
X
X
Right of Way Ca ital
X
X
Advertise, Award, Ap rove:(AAA)
X
X
X
Construction - Support
X
X
Construction Capital
X
X
Table C -2: Responsible Implementing A envy by Development Phase
Pro ject' Activity
lementin
A en -
Caltrans
Authority
ci
Environmental (PAED)
X
Design (PS&E)
X
Right of Way Engineering and Stipport
X
Right of Way Capital (Uarlities and Acquisition)
X
Right of Way Capital (Off Site Environmental
Mitigatiorn)
X
Advertise; Award, Approve (AAA)
X
Construction Support
X
Co nstruct ion ,Capita
X
Exhibit D
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