HomeMy WebLinkAboutResolution 2018-177 N.C.S. 12/03/2018Resolution No. 2018-177 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE A FREEWAY
MAINTENANCE AGREEMENT AND A UTILITY AGREEMENT BETWEEN THE
DEPARTMENT OF TRANSPORTATION AND THE CITY OF PETALUMA
WHEREAS, on May 25, 2010, Sonoma County Transportation Authority and California
Department of Transportation ("Caltrans") entered into a cooperative agreement for the design of
the northerly segment of the Marin -Sonoma Narrows Project. Segment C2 is the northerly
segment of the project from the Highway 101 and Highway 116 interchange to 0.3 miles north of
the Corona Road overcrossing in Petaluma; and
WHEREAS, Caltrans has provided a draft Freeway Maintenance Agreement between
the City and Caltrans for nearly completed freeway work apart from the Marin -Sonoma Narrows
Segment C2 project; and
WHEREAS, Caltrans has provided a draft agreement for the City to execute for a Utility
Agreement between the City and Caltrans for inspection work for all phases of the sewer main
relocation work as a part of the Marin -Sonoma Narrows Segment C2 project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
REFERENCE:
AYES:
1. Authorizes the City Manager to execute a final Freeway Maintenance Agreement
substantially based on the draft attached hereto as Attachment 1. Final agreement
shall be subject to approval by the City Attorney and confirmation by the City
Manager that the agreement addresses the City's interests.
2. Authorizes the City Manager to Execute a Utility Agreement substantially based on
the draft attached hereto as Attachment 2. Final agreement shall be subject to
approval by the City Attorney and confirmation by the City Manager that the
agreement addresses the City's interests.
3. Staff is directed to adequately budget for reasonably anticipated maintenance as
required by the Freeway Maintenance Agreement.
Under the power and authority conferred upon this Council by the Charter of said City
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 31d day of December
2018, by the following vote:
Albertson; Barrett; Vice Mayor Healy; Kearney; King; Miller
NOES: None
ABSENT: Mayor Glass
ABSTAIN: None
C
ATTEST:
City Clerk
City
Vice Mayor
as to
Resolution No, 2018-177 N.C.S. Page 1
Draft 5-28-18
FREEWAYMAINTENANCE
AGREEMENT
WITH
CITY OF PETALUMA
Attachment 1 to Resolution
04 -Son 101 PM 4.76/6.84
THIS AGREEMENT is made effective this day of , 20_, by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE" and the CITY of Petaluma; hereinafter referred to as "CITY" and
collectively referred to as "PARTIES".
SECTION I
RECITALS
1. WHEREAS, on July 19, 2011, a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of STATE Highway Route (SR) 101 within
the jurisdictional limits of the CITY of Petaluma as a freeway; and
2. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to identify the maintenance
responsibilities for improvements to separation structures and landscaped areas lying within
those modified freeway limits; and
3. The degree or extent of maintenance work to be performed, and the standards therefore, shall
be in accordance with the provisions of Section 27 of the Streets and Highways Code and the
then current edition of the State Maintenance Manual.
4. WHEREAS, pursuant to Section 6 of the above July 19, 2011 Freeway Agreement, CITY has
resumed or will resume control and maintenance over each of the affected relocated or
reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.
5. WHEREAS, this Agreement will supersede the Freeway Maintenance Agreement executed on
February 0', 1957 for the Route 101 (formally State Highway Route 1), between the north city
limits and the south city limits in its entirety.
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as shown on that plan map attached hereto, marked
Exhibit A, and made a part hereof by this reference.
2. STATE agrees to continue control and maintenance of those portions adopted as a part of SR
101 Freeway proper as shown Exhibit A.
Resolution No. 2018-177 N.C.S. Page 2
Draft 5-28-18
04 -Son 101 PM 4.76/6.84
3. When another planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described which will affect the
PARTIES' division of maintenance responsibility as described herein, STATE will provide a
new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit
A and become part of this Agreement.
4. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
5. CITY must obtain the necessary Encroachment Permits from STATE's District 4
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
6. VEHICULAR OVERCROSSINGS
6.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed
vehicular overcrossings of SR 101 below the deck wearing surface and any wearing
surface treatment thereon.
6.2. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage
system (and shall perform such work as may be necessary to ensure an impervious and/or
otherwise suitable surface) and all portions of the structure above the bridge deck,
including, but without limitation, lighting installations, as well as all traffic service
facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for
the benefit or control of traffic using that overcrossing.
6.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined by
STATE, screening shall be placed on STATE freeway overpasses on which pedestrians
are allowed. All screens installed under this program will be maintained by STATE, at
STATE expense.
7. WALLS AND COLUMNS — CITY is responsible for debris removal, cleaning, and painting
to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.
8. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other
types of roadside development lying outside of the fenced right of way area reserved for
exclusive freeway.
9. INTERCHANGE OPERATON - It is STATE's responsibility to provide efficient operation
of freeway interchanges, including ramp connections to local streets and roads.
10. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
10.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of SR 101 Freeway and CITY streets and roads and at ramp
connections or SR 101 and CITY facilities shall be shared by the PARTIES as shown in
Resolution No. 2018-177 N.C.S. Page 3
Draft 5-28-18
04 -Son 101 PM 4.76/6.84
Exhibit B which, by this reference, is made a part of this Agreement. (Shared Cost
Electrical Agreement can be entered into by the PARTIES as a part of this agreement itself
instead of a separate agreement. Or a separate "Shared Cost Electrical Agreement" may
be executed in the future allocating these costs between the PARTIES.
10.2. The said cost shall be paid by STATE and the CITY shall reimburse the STATE their
agreed upon share.
10.3. Timing of traffic signals, which shall be coordinated with CITY to the extent that no
conflict is created with freeway operations, shall be the sole responsibility of STATE.
10.4. CITY will own, operate and maintain including electrical energy the opticom unit at no
cost to STATE.
11. LEGAL RELATIONS AND RESPONSIBILITIES
11.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with respect
to the operation and maintenance of STATE highways and local facilities different from
the standard of care imposed by law.
11.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by STATE, under
or in connection with any work, authority or jurisdiction conferred upon STATE arising
under this Agreement. It is understood and agreed that STATE shall fully defend,
indemnify and save harmless CITY and all of their officers and employees from all claims,
suits or actions of every name, kind and description brought forth under, including, but
not limited to, tortuous, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE under
this Agreement.
11.3. Neither STATE 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 and arising
under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify
and save harmless STATE and all of its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not limited
to, tortuous, 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.
12, PREVAILING WAGES:
12.1. Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it
is construction, alteration, demolition, installation, or repair; or maintenance work under
Labor Code section 1771. CITY must conform to the provisions of Labor Code sections
Resolution No, 2018-177 N.C.S. Page 4
Draft 5-28-18 04 -Son 101 PM 4.76/6.84
1720 through 1815, and all applicable provisions of California Code of Regulations found
in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage
requirements in its contracts for public work. Work performed by CITY'S own forces is
exempt from the Labor Code's Prevailing Wage requirements.
12.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in CITY's contracts.
13. INSURANCE - CITY and its contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily injury liability
and property damage liability, naming the STATE, its officers, agents and employees as the
additional insured in an amount of $1 million per occurrence and $2 million in aggregate and
$5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form
satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this
Agreement.
13.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self-insured
coverage providing general liability insurance, coverage of bodily injury liability and
property damage liability, naming the STATE, its officers, agents and employees as the
additional insured in an amount of $1 million per occurrence and $2 million in aggregate
and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a
form satisfactory to the STATE that shall be delivered to the STATE with a signed copy
of this Agreement in a form satisfactory to STATE, along with a signed copy of the
Agreement.
13.2. SELF-INSURED using Contractor - If the work performed under this Agreement is done
by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during
the term of this agreement, a policy of general liability insurance, including coverage of
bodily injury liability and property damage liability, naming the STATE, its officers,
agents and employees as the additional insured in an amount of $1 million per occurrence
and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE and shall be delivered to the
STATE with a signed copy of this Agreement.
14. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
15. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated at any
time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf
Resolution No. 2018-177 N.C.S. Page 5
Draft 5-28-18 04 -Son 101 PM 4.76/6.84
of the respective agencies and covenants to have followed all the necessary legal requirements to
validly execute this Agreement.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF PETALUMA
By:
Mayor
Initiated and Approved
By:
CITY Manager
ATTEST:
By:
CITY Clerk
CITY Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
LAURIE BERMAN
Director of Transportation
DAVID AMBUEHL
Deputy District Director
Maintenance District 4
As to Form and Procedure:
WE
Date
Attorney
Department of Transportation
Resolution No. 2018-177 N.C.S. Page 6
x
x
x
I
Begin WorN
PM 2.7
s
Ld
a:
E -Ia
��-TRANSPORT-I-jp
z a PETALUMA
Z
w W
z m
0
x W >
o Q
Z
J Q
Cn~
za
Z
BORDER LAST REVISED 8/1/2016 CALTRANS WEB SITE IS: HTTP//WWW.DOT.CA.GOV/
ATO/80
s°nIsco
Dist I COUNTY ROUTE r"'
TOTAL PROJECT
STATE OF CALIFORNIA 04 Son 101 3.7/7.2
DEPARTMENT OF TRANSPORTATION
�4M ssaiau u000c
FREEWAY MAINTENANCE AGREEMENT M".Y 9445TA
�.
WITH THE CITY OF PETALUMA MKS
" xo
.� �•
PU—
STATE HIGHWAY
A 4 OOftIDD
YIXA
IN SONOMA COUNTY
IN PETALUMA sw G
FROM 0.1 MILE NORTH OF THE ROUTE 101/ SR 116 (LAKEVILLE HIGHWAY) SWA
SEPARATION TO 0.3 MILE NORTH OF THE CORONA ROAD OVERCROSSING Nu�
Limit of Work
Sta IIMD4" 200+01.35
D
c
LA: KEVILLE I
r BR EAST WASHINGTON STREET OC
1 n BRIDGE N,. 20-0246
BEGIN CONSTRUCTION
Sta "A" 200+66.83 PM 3.7
PETALUMA
PETALUMA
soNoA A COUNTY
ROUTE 101
t _ NAP
N0
RTHpO1N7--Blv0,-
"STUB RT Dr
Limit) o"
Sta 11EW" 5
PETALUMA
TAUTO-CENTER-Dr—
Limit of Work
Sta "EW11 39+30.91
oc p ALUMA'\_ 43
.56
END CONSTRUCTION
Sta "A" 386+00 PM 7.2
End Work
creek
P-AMELA�l_ LI t ZM Rd
i
Lw TO Son -to
MAINTAINED BY CITY OF PETALUMA
BRIDGE
BR
Resolution No. 2018-177 N.C.S.
RELATIVE BORDER SCALE O 1 2 3 USERNAME _> $USER
IS IN INCHES I 1 I 1 I 1 I DGN FILE _> $REQUEST
L
Cv
o�srw
SVffA
awErru
i X4141.11 I R] 10 IT, F. -i 9
p1
Ro
d'
1 1 3
xQw
sw eoa .
w,vesce
WI gE1W NPEAW.
ww
A A
11 II
o�
as
LOCATION MAP Q
NO SCALE o�2
SHEET 1 OF 3 GG N
5 I
UNIT 0716 1 PROJECT NUMBER & PHASE Page 7 91
x
x
om
w m
¢W o
JZ w
:3 Y
UU
-i w
Qwx
UO U
x of
0
w
o
Q J
Z U
O w
� U
U
O
Z
w
a
J
7
Z
O
x 11111 I 11111ll JOHNSOK Sfi
�
11 lllllill%111J
€all.l irilil
lllilll111j�;�11„!Il
a
Bw
Q
9 CL.
W
rty3 �
pi< Q a
O
y VN
xe J
�Q
c
m tL
0
LLJ
8
a BORDER LAST REVISED 7/2/2010
f lr i s
J7
O
I I Ic
S-
f J 1111 (n -11"i ( --
JI' —Z ..
Ir 1 1 I I I
I i IJI)IUII I ��
(11171r1171111n1f —
I
�4
I ,III
I
yell J,,;I,�
1 \I
I'4
1 I1 � �
� (( ISI ImII
lila
Il c
L�\ II
Il ul —
� I
x 11111 I 11111ll JOHNSOK Sfi
�
11 lllllill%111J
€all.l irilil
lllilll111j�;�11„!Il
a
Bw
Q
9 CL.
W
rty3 �
pi< Q a
O
y VN
xe J
�Q
c
m tL
0
LLJ
8
a BORDER LAST REVISED 7/2/2010
f lr i s
J7
O
I I Ic
S-
f J 1111 (n -11"i ( --
JI' —Z ..
Ir 1 1 I I I
I i IJI)IUII I ��
(11171r1171111n1f —
I
�4
I ,III
I
yell J,,;I,�
1 \I
I'4
1 I1 � �
� (( ISI ImII
lila
Il c
L�\ II
� I
f
I
,
i1
It Q��
�, I i 1111,IIlIJIIILI�� �`•;,
EAST WASHINGTON STREET OC
I (I I r BRIDGE No. 20-0246
{I-1 I x_11,11
'i (1flIIIlhlll(IIIII .I� �,��I�llllI'"�I('
rl11fJ\I� I�IIIi �
�� � w�)IIIIIIIIIIli I
II �� ► i \T� I I1
' � �,)lllilllll(I(IIITIIIIIIIi(I�,� j
11'�11{IIi1_aI���I:f;
I11�_t � 11111111nallr11llI11111n1r�!,
11 j�` �I(IIIIUIIITlu1r(II(Ilr(11�1�
I
I
I
I
I
I
I I.
I I
I �I
I
I II
w �I
R/W
Dist COUNTY ROUTE TOTAL'PROJECT J No. SHEETS
04 Son 101 3.7/7.2 2 1 3
9-21-1 S QROFess10
REGISTERED CIVIL ENGINEER DATE
- Il
U �I rvj N.V. BERNARDI i
I�
SII' PLANS APPROVAL DATE 18
No.
45407 m
' - Exp. 9_ IVIL
>}
30—
M,1 STATE OF CAL/FGl4NJA ONOR AGENTF JTS OFF/GENS y. CL
TN£ ACCW..4CYAON COUPLETENEPSOSNCi� SC EO f'�7F of cALtf
COP/ES OF 7711S PLAN MEET.
l
- BKF ENGINEERS SONOMA COUNTY
i - 4670 WILLOW ROAD, SUITE 250 TRANSPORTATION AUTHORITI
J I PLEASANTON, CA 94588 490 MENDOCINO Ave, SUITE 206
�4
/
a
,
i1
bI
LI I
V
�I
I
If n I
14
I
III
�
JK
L
�4
/
bi MCNEIL Ave
�'tlll fLl�
f � _
I
? -1
Creek � i
I� y fid kl :
MAINTAINED BY CITY OF PETALUMA
FREEWAY MAINTENANCE AGREEMENT WITH THE CITY OF PETALUMA
USERNAME =) $USER O 1 2 3
DGN FILE =) $REOUEST ROSOIUt1011 NO. 2018-177 N.C.S. RELATIVE BORDER
INCHESCALE I f I f I f I UNIT 0716
LAUHEN Dr
r v 19 I l
nFW'1I1 TNF -- — --
II itC-
I
t
SCALE: 1" = 100'
SHEET 2 OF 3
PROJECT NUMBER & PHASE 04000'4 page 8
x
m
N
m
r w
[ll N
O >
W W
N K
> W
W F
w a
0
x
E o
x
a Oa
(n
R =
0
E �
Q
�W
I
51
Y M o
O
9
x• J
U
O
o ~
9 f/)
8
a BORDER LAST REVISED 7/2/2010
R/W
SQL Anptl
5oP - 10)
)Pt - tOt ",011 - 101
MINI
CORONA STREET OC
BRIDGE No. 20-01E
C _: =1
LL--- I
r
r l�.
l_J
r_ J
l 11
Dtst I COUNTY I ROUTE rvai PROJECT
aN'o" SHEET! TOTAL PROJECT No. SHEETS
04 Son 101 3.7/7.2 3 1 3
9-21-18
REGISTERED CIVIL ENGINEER DATE
U'l— 45407 a
PLANS APPROVAL DATE
� Exp,9 30-18 �
THE STATE OF CALIFO4NIA O4 ITS OFFICERS
OR AGENTS Sh,411 AVT BE RESPONSIBLE FOR sr4� CIVIL ,�
Tf/E ACCL4PACY OR COWLETENESS 01 SCANNED OF CALIF"' -
COPIES OF MIS PLAN SHEET.
BKF ENGINEERS SONOMA COUNTY
4670 WILLOW ROAD, SUITE 250 TRANSPORTATION AUTHORITI
PLEASANTON, CA 94588 490 MENDOCINO Ave, SUITE 206
-- - - Af;PII p --ROUTE 1-01- - -- - -
>Oid - lot -- -- -- --- -- ---
X__
MAINTAINED BY CITY OF PETALUMA
ASPH - ---
sott - 101 — - — — - - —
J R/W
�1itX 0rr-1 - - - - — - - -
I
m'
i I
MAINTAINED BY CITY OF PETALUMA
ASPH - ---
sott - 101 — - — — - - —
J R/W
�1itX 0rr-1 - - - - — - - -
FREEWAY MAINTENANCE AGREEMENT WITH THE CITY OF PETALUMA SCALE: 1rr = 50'
SHEET 3 OF 3
USERNAME => $USER Resolution N0. 2018-177 N.C.S. RELATIVE BORDER SCALE 0 I 2 3 UNIT 0716 PROJECT NUMBER & PHASE 04000201 32 Page 9
DGN FILE => $REOUEST IS IN INCHES I I 1 i I I I
I
N
E
�N
Q N
C._
n
o 0
O
a a
W r,,
� t -
FREEWAY MAINTENANCE AGREEMENT WITH THE CITY OF PETALUMA SCALE: 1rr = 50'
SHEET 3 OF 3
USERNAME => $USER Resolution N0. 2018-177 N.C.S. RELATIVE BORDER SCALE 0 I 2 3 UNIT 0716 PROJECT NUMBER & PHASE 04000201 32 Page 9
DGN FILE => $REOUEST IS IN INCHES I I 1 i I I I
EXHIBIT B
TRAFFIC SIGNAL AND LIGHTING
Caltrans and City of Petaluma
Effective , 20
BASIS OF COST DISTRIBUTION
State -Owned and Maintained
Billed by the State
Route and PM
Location
Type of Facility
Cost Distribution (%)
State
CITY
101 PM 4.764
E. Washington
Signal
50
50
& NB Ramps
E20H6
101 PM 4.843
E. Washington
Signal
50
50
& SB Ramps
E20F2
Resolution No. 2018-177 N.C.S. Page 10
Attachment 2 to Resolution
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
UTILITY AGREEMENT
RW I3-5 (Rev. 12/2016) Page I of 5
District
County
Route
P.M.
PROJECT ID
4
SON
101
3.8/7.2
04-0002-0132
(2640F)
Fed. Aid. No.
Owner's File: N/A
FEDERAL PARTICIPATION: On the Project [ ] Yes [X] No
On the Utilities [ ] Yes [X] No
UTILITY AGREEMENT NO. 2062.3 DATE
The State of California, acting by and through the Department of Transportation, hereinafter called "STATE",
proposes to construct High Occupancy Vehicle (HOV) Lanes, sound walls, bridges, and ramp widenings
along US Route 101 and the State Route 116 (Lakeville Highway) connector to just north of Corona Road in
the City of Petaluma, Sonoma County. The City of Petaluma, hereinafter called "OWNER", owns and
maintains sanitary sewer facilities within the limits of STATE's project that require relocation to
accommodate STATE's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 2062.3, dated September 6, 2018, OWNER shall relocate its
sanitary sewer facilities in order to accommodate construction of the STATE's project. All work shall be
performed substantially in accordance with Consultants Engineer's Plan No. 45407 for the relocation of
OWNER'S facilities, dated January 31, 2018 and STATE's plans for this project, copies of which are on
file in the District office of the Department of Transportation at 111 Grand Avenue, Oakland, CA 94612-
3771.
Deviations from the OWNER's plan described above initiated by either the STATE or the OWNER, shall
be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner,
approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision
of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation
shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in
the scope of the work will require an amendment to this Agreement in addition to the Revised Notice to
Owner.
Resolution No. 2018-177 N.C.S. Page 11
UTILITY AGREEMENT (Continued) Page 2 of 6
RW 13-5 (Rev. 12/2016)
UTILITY AGREEMENT NO. 2062.3
II. LIABILITY FOR WORK
The existing facilities described in Section I, above will be relocated at 100% STATE expense and 0%
OWNER expense in accordance with Section 703 of the Streets and Highways Code, in accordance with
the following proration:
Total Estimate for OWNER performed relocation: ........................................................ $20,000.00
Total Estimated OWNER Liability,(0%): ........................................................... $00,000.00
Total Estimated STATE Liability,(100%):............................................................$20,000.00
III. PERFORMANCE OF WORK
OWNER shall have access to all phases of the relocation work to be performed by STATE, as described
in Section I above, for the purpose of inspection to ensure that the work is in accordance with the
specifications contained in the Highway Construction Contract; however, all questions regarding the work
being performed will be directed to STATE's Resident Engineer for their evaluation and final disposition.
Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial
Relations dated October 25, 2002, work performed by OWNER's contractor is a public work under the
definition of Labor Code section 1720(a) and is therefore subject to prevailing wage requirements.
OWNER shall verify compliance with this requirement in the administration of its contracts referenced
above.
Use of out-of-state personnel (or personnel requiring lodging and meal per diem expenses) will not be
allowed without prior written authorization by state's representative. Requests for such authorization must
be contained in OWNER's estimate of actual and necessary relocation costs, Accounting Form FA 1301
is to be completed and submitted for all non -state personnel travel per diem. OWNER shall include an
explanation why local employee or contract labor is not considered adequate for the relocation work
proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's
Department of Personnel Administration travel expense guidelines.
IV. PAYMENT FOR WORK
The STATE shall pay its share of the actual cost of the herein described work within 45 days after receipt
of OWNER'S itemized bill in quintuplicate, signed by a responsible official of OWNER's organization and
prepared on OWNER'S letterhead, compiled on the basis of the actual cost and expense incurred and
charged or allocated to said work in accordance with the uniform system of accounts prescribed for
OWNER by the California Public Utilities Commission or Federal Communications Commission,
whichever is applicable.
It is understood and agreed that the STATE will not pay for any betterment or increase in capacity of
OWNER's facilities in the new location and that OWNER shall give credit to the STATE for all accrued
depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and
retained or sold by OWNER.
Resolution No. 2018-177 N.C.S. Page 12
UTILITY AGREEMENT (Continued) Page 3 of 6
RW 13-5 (Rev. 12/2016)
UTILITY AGREEMENT NO. 2062.3
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress
bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits
applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may
be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this
Agreement may be made after receipt and approval by STATE of documentation supporting the cost
increase and after an Amendment to this Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to the STATE within 360 days after the completion of the work
described in Section I above. If the STATE has not received a final bill within 360 days after the
notification of completion of OWNER's work described in Section I of this Agreement, the STATE has
delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements
if required for OWNER's facilities, STATE will provide written notification to OWNER of its intent to
close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all
remaining costs will be deemed to have been abandoned. If the STATE processes a final bill for payment
more than 360 days after notification of completion of OWNER's work, payment of the late bill may be
subject to allocation and/or approval by the California Transportation Commission.
The final bill shall be in the form of an itemized statement of the total costs charged to the project, less
credits provided for in this Agreement, and less any amounts covered by progress billings. However, the
STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation
of the reason for the increase of said cost from the OWNER and approval of the documentation by STATE.
Except, if the final bill exceeds the OWNER's estimated costs solely as a result of a Revised Notice to
Owner as provided for in Section I, a copy of said Revised Notice to Owner shall suffice as documentation.
In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation
and/or approval by the California Transportation Commission.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement
shall be executed by the parties to this Agreement prior to the payment of the OWNER'S final bill. Any
and all increases in costs that are the direct result of deviations from the work described in Section I of this
Agreement shall have the prior concurrence of STATE.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three
years from the date of the final payment and will be available for audit by State and/or Federal auditors. In
performing work under this Agreement, owner agrees to comply with the Uniform System of Accounts for
Public Utilities found at 18 CFR Part 101, 201, et al., to the extent they are applicable to owner doing work
on the project that is the subject of this Agreement, the contract cost principles and procedures as set forth
in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a
subsequent State and/or Federal audit determines payments to be unallowable, owner agrees to reimburse
AGENCY upon receipt of AGENCY billing. If owner is subject to repayment due to failure by State/Local
Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will
ensure that owner is compensated for actual cost in performing work under this agreement.
Resolution No. 2018-177 N.C.S. Page 13
UTILITY AGREEMENT (Continued) Page 4 of 6
RW 13-5 (Rev. 12/2016)
UTILITY AGREEMENT NO. 2062.3
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of STATE's request of August 16, 2017 to review, study and/or
prepare plans and estimates for the work associated with this Agreement may be billed pursuant to the
terms and conditions of this Agreement.
If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the
necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to
terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and
conditions for terminating the Agreement.
STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation
or condemnation and when acquired in STATE's name, shall convey same to OWNER by Director's
Easement Deed.
STATE's liability for such rights of way will be at the proration shown for relocation work involved under
this Agreement. OWNER shall reimburse the STATE all costs for the easement.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645
is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement.
The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century
(MAP -21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the
United States for steel and iron products (including the application of coatings) installed on a project
receiving funding from the FHWA.
All obligations of STATE under the terms of this Agreement are subject to the passage of the annual Budget
Act by the State Legislature and the allocation of those funds by the California Transportation Commission.
OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work
described herein.
Resolution No. 2018-177 N.C.S. Page 14
UTILITY AGREEMENT (Continued) Page 5 of 6
RW 13-5 (Rev. 12/2016)
UTILITY AGREEMENT NO. 2062.3
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
AGENCY
OWNER:
SONOMA COUNTY SANITARY SEWER
By: By
MARK L. WEAVER Date
Deputy District Director, Right of Way
APPROVAL RECOMMENDED:
By: By
LINDA EMADZADEH Date
District Office Chief
KEVIN BOOKER Date
JOHN O. CARLSTON Date
District Branch Chief
THIS AGREEMENT WILL NOT BE EXECUTED BY THE STATE OF CALIFORNIA — DEPARTMENT OF
TRANSPORTATION UNTIL FUNDS ARF CE 1RTIFIED
CEupon o. 2018-177 N.C.S. Page 15
UTILITY AGREEMENT (Continued) Page 6 of 6
RW 13-5 (Rev. 12/2016)
PLANNING AND MANAGEMENT COMPLETES EXCEPT SHADED COLUMNS
UTILITY AGREEMENT NO, 2062.3
UTILITY COMPLETES:
CT DOCUMENT
EVENT
TYPE
DEPT
UNIT
PROJECT ID
PHASE
REPORTING
OBJ
CODE
BFY
DOLLAR
AMOUNT
0418UA020623
C401
2660
0869
04-0000-20132
(2640F)
9
9
2062X3
054
N
2019
$20,000
EA FUNDING VERIFIED:
Sign:>
Print:> CHRIS CIERO
R/W Planning & Management Date
REVIEW/REQUEST FUNDING:
Sign:>
Print? KEANNA COOLINS
Utility Coordinator Date
THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 20,000.00
CERTIFICATION OF FUNDS
I hereby certify upon my own personal knowledge that budgeted fiords are available for the
period and purpose of the expenditure shown here.
HQ Accounting Office
Date
ITEM
CHAP
STAT
FY
AMOUNT
2660-302-0042-20.20
29
2018
1 18/19
$20,000
VENDOR CUSTOMER NO, VENDOR ADDRESS
VC0000020267 AD004
Distribution: 2 originals to R/W Accounting
1 originals returned to Utility Owner
1 original to Utility File
FUND TYPE
PROJECT ID
AMOUNT
Design Funds
$
Construction Funds
$
R/W Funds
04-0000-20132
$20,000
Resolution No. 2018-177 N.C.S. Page 16