HomeMy WebLinkAboutAgenda Packet 3.F 05/02/2011DATE: May 2, 2011
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Larry Zimmer, PW Engineering Manager/-e
SUBJECT: Resolution Authorizing the City Manager to Execute Amendment No. 1 to
the Cooperative Agreement between Caltrans and the City of Petaluma for
the East Washington Street Interchange Project: RDA100280, which is
Segment C =1 of the Marin Sonoma Narrows Segment C (MSN -C) Project
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the City
Manager to execute Amendment No. 1 to the Cooperative Agreement between Caltrans and the
City of Petaluma for the East Washington Street Interchange Project RDA100280, which is
Segment C -1 of the Marin Sonoma Narrows Segment C (MSN -C) Project.
BACKGROUND
On June 1, 2009, the City Council approved a cooperative agreement between the City of
Petaluma and Caltrans, which outlined City and Caltrans responsibilities. on delivery of the East
Washington Street Interchange Project improvements.
The East Washington Street Interchange Project will improve two quadrants of the interchange —
southwest and northeast by widening and improving the existing southbound on -ramp and
constructing a new on -ramp, bridge, and retaining wall in the northbound direction.
The Project has environmental clearance (PA/ED) and the design is nearly 100% complete. The
remaining tasks include:
• final design (plans specifications and estimates, or PS &E) review by Caltrans District
Office and Headquarters;
• right of way support, engineering and capital outlay associated with utility relocation and
environmental mitigation;
• capital outlay associated with right of way dedication or purchase from Plaza North,
Plaza. and Regency Centers;
• advertisement, award and approval of the construction contract; and
• construction.
Agenda Review:
City Attorney 0—
Finance Director
L��City Manag e� 7
Based on the current status of the project, it is anticipated the schedule for project delivery will
be as follows:
Design PS &E :Complete
June 2011
RAN'Complete
June 2011
Advertise
June 2011
Award, Approve
September 2011
Construction Start
October 2011
DISCUSSION
Under normal conditions, Caltrans would require all existing utilities (PG &E, AT &T, Comcast,
City sewer /water, etc.) to be relocated prior the start of interchange construction. Due to
staging issues with relocation of the City's water and sewer utilities, it was determined during the
design phase that these utilities must be relocated during the interchange construction. That,
being the case, the relocation costs need to shift from right -of -way capital outlay to construction
capital funds.
The original City /Caltrans cooperative agreement requires the City to pay for the relocation of all
existing utilities prior to the interchange construction, as part of the completion of the right of
way process. Due to the above mentioned staging issues, Caltrans, SCTA and the City agree that
this requirement cannot be met. - To reflect these changes, along with cost increases described
below, the existing cooperative agreements between Caltrans /City, and Caltrans /Sonoma County
Transportation Authority (SCTA) will. need to be amended.
The attached Amendment. No. 1 to the City /Caltrans cooperative agreement eliminates the City's
responsibility to relocate the City sewer and water utilities and also revises the funding table.
The SCTA/Caltrans cooperative agreement will be revised to include the sewer and water
utilities relocation and also revise the funding table.
The financial plan, as outlined in the original cooperative agreement between Caltrans and the
City of Petaluma, is shown in the table below:
ORIGINAL, COOPERATIVE. PROJECT FUNDING SUMMARY
" Note; Total City commitment is task based and not to exceed $4,000,000. The remaining amount of $1,150,000 is
allocated to construction costs.
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Local
$1,700,000.
$1,000,000.
$150,000.
$1,850,000.
$1,000,000.
$2,850,000.
" Note; Total City commitment is task based and not to exceed $4,000,000. The remaining amount of $1,150,000 is
allocated to construction costs.
2
The detailed engineering design work adjusted the location of the new northbound on -ramp,
bridge and retaining wall, which has resulted in more utility relocation work than originally
estimated in preliminary design. Constraining features and the requirement to relocate existing
PG &E vaults and transmission lines out of the right -of -way will increase the cost of utility
engineering and facilities. Additional easements will also need to be acquired. The increased
cost of utility relocation has increased the estimates for right -of -way support and right -of -way
capital.
Additionally, PS &E support estimates have been increased. from $1,700,000 to $1,950,000. This
increase was requested by Caltrans for their design (structures) support activities.
On November 1, 2010 the City Council approved Amendment No. 2 to a separate cooperative
agreement between the City and S'CTA, which amended the funding contributions. This
amendment allocated $2,750,000 Measure M 101 funds toward the City required R/W Capital
(acquisitions), which have increased. 'Even though the cost of the City required tasks has
increased, the City's contribution remains not -to- exceed $4,000,000.
The proposed funding summary for Amendment No. 1 to the Caltrans/ City cooperative
agreement, below, matches that of the financial plan outlined in the amended SCTA/City of
Petaluma agreement.
AMENDMENT NO. 1 PROJECT FUNDING SUMMARY
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Local
$1,950,000
$1,260,000
$510,000
$1,770,000
$1,950,000
$3,720,000
(Other)
LOCAL
CITY
Local
$0
$2,750,000
$0
$2,750,000
$0
$2,750,000
(Measure M)
Subtotals by
$1,950;000
$4,010,000
$510,000
$4,520,000
$1,950,000
$6,470,000
Component
„ Note; Total City commitment is not to exceed $4,000,000. The remaining amount of $280,000 is allocated to
construction costs.
FINANCIAL IMPACTS
The City's total.financial commitment to this project remains $4,000,000. The City is the
implementing agency for PS &E (design), right of way acquisition, and design services during
construction of this 'project. Petaluma's remaining contribution of $280,000 ($4,000,000 less
$3,720,000) will be spent on design.support services during construction. As identified in
Amendment No.2 to the City /S'CTA cooperative agreement, $2,750,000 Measure M (101 funds)
have been allocated for right -of -way capital.
ATTACHMENTS
1. Resolution; including Exhibit A to the Resolution: Amendment No. 1 to the Cooperative
Agreement between Calttans and,the City of Petaluma.
2. Original cooperative 'agreement between Caltrans and the City of Petaluma
rd
ATTACHMENT I
RE O. 1 TO ON AUTHORIZING O THE CITY MANAGER TO. EXECUTE AMENDMENT
RATIVE,AGRE'EMENT BETWEEN CALTRANS AND THE
CITY OF' PETALUMA FOR THE EAST WASHINGTON STREET INTERCHANGE
PROJECT RDA1002$0, WtHQI IS SEGMENT C -:1 OF THE 1VIARIN SONOMA
NARROWS SEGMENT C (MSN -C) PROJECT
WHEREAS, at its meeting of December 29, 2005, the Petaluma Community
Development Commission authorized allocation of $4M from PCDC account undesignated fund
balance to the East Washington Street.Interchange component (Project RDA 100280) of the
MSN -C Project for right -of =way acquisition and construction. of ramp improvements to the East
Washington Street Interchange' component of the MSN -C Project; ;and
WHEREAS, on.January 26 2009, the Petaluma Community Development Commission
adopted the findings, made'in accordance, with California Health and Safety Code Section 33445,
for expenditure of these tax increment funds to pursue right -of -way acquisition, construction of
the East Washington Street Interchange component, and full design of the MSN -C Project; and
WHEREAS the City Council fconsented to the expenditure of said funds to undertake
these Public Improvements; and'
WHEREAS; the City of Petaluma and .Caltrans ,entered into a cooperative agreement,
dated June 3, 2009, for;contribution of construction funding; sand
WHEREAS Caltrans,'Sonoma County TransportationAuthority (SCTA) and the City of
Petaluma have determined that it.is not feasible to relocate the City's sewer and water - utilities
prior to construction of the interchange improvements; and
WHEREAS, Cal'trans, SCTA and the City of.Petaluma' agreed that City sewer and
water utilities will be relocated during construction of the Project and paid for out of
Construction Capital funds ,as provided for in that certain Cooperative Agreement No. 04 -2318
between Caltrans and S,CTA, pursuant; to an exception received from the Federal Highway
Administration for this reallocation of Project funding.
5
NOW THEREFORE, BE' TI' RESOLVED, that the Petaluma City Council authorizes
the City.Manager to execute Amendment No,1 to the Cooperative Agreement between the City
of Petaluma and Caltrans; attached to this resolution as Exhibit A and incorporated herein by
reference.
1.241873.
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04 -SON- 101- 4.05 -5.20
EXHIBIT A TO RESOLUTION EA: 26404
District Agreement 04- 2263 -A1
AMENDM3ENT "NO. 1 TO COOPERATIVE AGREEMENT
This.AMENDMENT NO. '1 (AMENDMENT). entered into and. effective on
2011, 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 for, purposes of this AMENDMENT as
PARTNERS, entered'into Cooperative Agreement No 4 2253 ('AGREEMENT) on June
3 2009, defining th'e terms. and conditions for collaborating on the PS &E and Right of
Way (R/W) phases of a highway improvement project (PROJECT) on State Route 101 in
Sonoma County. PROJECT;consists of the -East Washington Interchange improvements
including 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 related utilitYrelocations in the City of Petaluma.
2. Subsequent to the execution of'the.AGREEM'ENT, PARTNERS and Sonoma County
Transportation Authority (SCT , have decided. that because of;staging issues the CITY's
water and sewer utilities. willbe relocated during construction and paid for out of
Construction Capital funds, such relocation and funding being the subject of a.separate
Cooperative Agreement (District.Agreement'No., 04 -2318) between CALTRANS and
SCTA. Because the cons_truction PROJECT is funded entirely with federal funds, this
funding arrangement needs; and has received!, an exception from FHWA.
3. PARTNERS now seek to,,,amend, AGREEMENT'to (a) reflect theTROJECT's revised
work. scope resulting from, the , decision to relocate the CITY's utilities during
Construction, as opposed''to during PS &E and' R/W, (b,) revise the: funding obligations
and (c) add a Spending.Suininary designating dollar amounts .PARTNERS will spend
within, the PS &E and R/W'phases of PROJECT.
IT IS TIAERE'FORE MUTUALLY AGREED:
SIJMIVI Al, ,attached to and made ENT is replaced in its entirety by SCOPE
4. The SCOPE' SUMMARY of AGREEIvI
apart, of AMENDMENT, and any reference to
SCOPE SUMMARY in AGREEMENT is deemed a reference. to SCOPE SUMMARY
Al
5. The .FUNDING.SUMMARY of AGREEMENT is replaced in its entirety by FUNDING
SUMMARY Al. attached' to and made a part of AMENDMENT, and any reference to
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FUNDING SUMMARY in AGREEMENT is deemed a reference to FUNDING
SUMMARY AI'.
6:_ A SPENDING° SUMMARY Al ; attached to:and.rnade apart of.AIViEATDMENT, is
hereby added, to AGREEMENT showing PARTNERS' designated dollar amounts for the
PS &E,and RlW `Capital,•and. Support phases of PROJECT.
7. Article 50 of AGREEMENT is hereby replaced in its entirety to.read as follows:
SD. CITY will identify and locate all utzlityfiaczlitlesmyfiihin PROJECT
area as part of PS &E responsibilities; except as hated in the
SCOPE SUM11ARY All utility facilities riot relocated or
removed `in advance of construction will he .ideniifed on the
plans, specrfica 0ns; and eslmzate far PROJE —CT.;
8: Article 101 of
AGREEMENT is, hereby replaced in its entirety -to read as
follows:
1 Dl. The following documents .are attached 10, and : lade an express
1 f g .. _. PE S UMMARY, FUNDING
part ci , this' „a' reem'ent. SCO
SUMMAR.Yand SPENDINGSUMMARY.
9. All other terms„ and :conditions' of AGREEMENT shall remain in fizll force and effect.
10. AMENDMENT is deemed, to be included and made �a parr of AGREEMENT.
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CONTACT INFORMATION
The information provided_,belows' ndicates the pnmart contact data for.,each partner to this
agreement. PARTNERS will - notify each other in writing of any °personnel or location changes.
Thes''e equrre an amendment t
o thxs:agreement.'
changes do not r ,
The rimar. a reement contact person for
The p Y .- ALTRANS is:
Wajahat Nyaz Project Manager
. 111 Grand Avenue:
Oakland, California 946;12
Office Phone:, (51.0) 286 - 51.1.9
a a
Mobile Phone (511x0) 715, -6273 '
Email: Waiahat Nyaz(&.dot. ca; gov
The primary agreement contact person- for CITY is:
Larry Zimmer, Engineering Manager
11 English Street
Petaluma, California 949 '52
Office Phone ('707) 778 -4467
Fax Number: 00.7076-
Email: l'znnmer @'c i:petaluma:ca:us
The billing contact person,for is:
Larry Zimmer, Engineering Manager
Petaluma, California 94953
Office Phone (707) 778 4467
Fax'Number (7070 776 - 3`602;
Email: lzim meri,a). ' petalurria:ca:us
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District Agreement 04- 2263 -A1
SIGNATURES
PARTNERS :declare that:
I. Each partner is an, authorized legal entity under California state law.
2. Each partner has the authority to enter into AMENDMENT.
3. The people signing.AMENDMENT have the authority do so on behalf of their public
agencies.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF PETALUMA
By:
Helena (Lenka) Culik -Caro
Deputy District Director - Design
CERTIFIED AS TO FUNDS:
By:
Maureen Rehs.
District Budget Manager
PACT Version 9.1 3.31M
City,Manager
Attest:
City Clerk
Approved as to form:
City Attorney
Approved:
Department Director
Approved:
Risk Manager
Approved:
Finance Director
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SCOPE SUMMARY Al
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Plans, S ecificatians, and Estimates &E) -185;
230, 235,240, 255, 260, 265
X
X
185
,Prepare Base Maps and Plan Sheets.for PS &E
Develo ment
X
230
Prepare Draft, Plans ;, Specifications, and Estimates
X
235
Mitigate Environmental Imp acts and Glean Up' Hazardous
W
X
X
X
05
Environmental, Mitigation
X
X
05
Historical Structures Mitigation
X
10
Archae*gical and Cultural Mitigation
X
15
Biological Mitigation
X
20
Environmental Mitigation Right of Way Work
X
25:
Paleontology:Mitigation
X
99
Other Environmenteil,:Mitigation' Products
X
10
Detailed Site investigation for Hazardous Waste
X
15
Hazardous: Waste Man agement Plan
X
20
Hazardous Waste Plans, Specifications, and Estimates
X
25
Hazardous Waste Clean -Up'
X
30
Certificatevof Sufficiency
X
35
Long Term Mitigation`Monitoring
X
40
.Updated Environmental Commitments Record
X
45
NEPA Delegation
X
240
.Draft Structures °Plans, S ecifiiations, and Estimates ,
. ,. s P
X
250
Finat Structures 'Plans, Specifications, and Estimates
:Package,
X
255
Circulate Review, and Prepare. Final District Plans,
Specifications, and;Estimates Packa e
X
X
05
Grculated and Reviewed Draft Dlstrlct'iPlans,
S ecifcations, and Estimates Package
X
10
Updated Plans, Specifications, and Estimates. Package
X
15
'Environmental ;Re- Evaluation
X
20,
Final District Plans, ,Specifications, and Estimates
Packa e
X
25
Geotechnical Information Handout
X
30
Materials Information Handout,
X
35
Construction Staking 'Package:and Control
X
40
Resident Engineer's Pending File
X
45
NEPA.Delegation
X
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District Agreement 04- 2263 -A1
Except for City of Petaluma's water and sewer utilities, which will be relocated
during Construction.
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Secured Lease for Resident Engineer Office Space or
Trailer
X
260
Contfacf Bid Documents. Ready to List
X
265
Awarded Ond Approved Construction Contract
X
4
Right of -195, 260, 220, 225, 245, 300.
X
195
Right of Way Property Management and Excess. Land
X
200
Utility,Relocation *
X
15
4ppf6ved, Utility Relocation Plan
X
20
boity,Relocation Package
X
25
Utility Relocation; Management
X
30
Utility '.Close 'Out
X
99
OtherEJtiiity Relocation Products
X
220
Right�of Way Engineering
X
225
Obtain „Right of Way Interests for Projedf Rightof.Way
Certification
X
245
Post Right of Way Certification ,Work
X
300
Final' Right. Way Engineering
X
Except for City of Petaluma's water and sewer utilities, which will be relocated
during Construction.
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FUNDING SUMMARY Al
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LOCAL
CITY
Local
$1,950,000
$1,260,000
$510,000
$1,770,000
$1,950,000
$3,720,000
Other
LOCAL
CITY
Local
(Measure M),
$0
$2,750,000
$0
$2,750,000
$0
$2,750,000
Subtotals n
$1
$4,010,000
$510,000
$4,520,000
$1,950,000
$6,470,000
Component t
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SPENDING. SUMMARY Al
Design (PS &E)
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PLANS, SPECIFICATIONS, AND
CITY
$510,000
ESTIMATES_(PS &E).. -,185, 230, 235, 255
CITY
$1,535;000
PLANS, SPECIFICATIONS, AND
CALTRANS
ESTIMATES" (PS &E} - 185, 230, 235, 255
$415,000
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CITY
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ATTACHMENT 2 04- 80N -401 -4.05 - 5.20
EA: 26.404
District Agreement 04 -2263
COOPERATIVE AGREEMENT
G .
This agreement; effective on \ / is between the; State of California, acting
through its Department of Transportation,; referred to as CALTRANS, 'and:
City of Petaluma, body politic and municipal corporation or chartered city ofthe State of California,
referred to as CITY.
RECITALS
CALTRANS, and CITY, collectively referred to as PARTNERS, arc authorized to enter_ into a
cooperative agreement for improvements` within the SHS right of wayper Streets and Highways Code
sections 114 and/or 130.
2. WORK completed under this„ agreement contributes toward the East Washington'Interchange
improvements, which include construction of anew northbound freeway: on -ramp, widening of the
existing southbound freeway on- ramp, requiredwi'dening at the terminus of the northbound on -ramp and
utility relocations, referred to as PROJECT.
3. PARTNERS will cooperate to complete, e PS &E and 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.
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 STA NDARDS CALTRANS policies and procedures, including, but not limited to, the
guidance provided the Guide to Capital Project Delivery Workplan Standards (previously known as WBS
Guide) available at http: / /`dot.ca.g_oy
CEQA —The Callfoma Environmental Quality Act (California Public Resources Code, sections 21000 et seq.)
that requires State a jocal agencies to identify the significant environmental impacts of their actions and to
avoid or mitigate those "significant impacts, if feasible.
PACT Version 9.1 3.31.08 1 of 18
Is
DistrictAgreement 04 -2263
COMPLETION OF WORK - All PARTNERS have met all scope,, cost, and schedule cornmitments included
in this agreement and have-signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT.
COOPERATIVE AGRE E CLOSURE. STATEMENT — A document:signed by PARTNERS that
1VIENT' :'.,
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
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 fun . ds,.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' t 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 -I 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 ofthat component.
activities result in WORK bem develo ed m h the a TING AGENCY'S quality assurance
that IMPLEMENTING, I A Independent ualit u Assuran_ce E ME pplicable standards and within an
g p ac cordance with
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 amational policy for the environment
and a process to disclose the adverse�impacts of projects with.a federal;nexus.
PARTNERS —The term that collectively references: all 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 MANA'G'EMENT PLAN —A group of.docurnents used to guide a prej,ect's.execution and' control
T .
throughout the project's lifecycle.
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District Agreement 04 -2263`
PS &E ( Plans , p ons, a6d.Estimates) — The project component that includes the activities required to
. S ecificati
deliver the plans, specifications -and estim. ates 'for PROJECT.
I2/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 1;0;
SCOPE SUMMARY — The;table'in which,PARTNERS designate their commitment to specific scope activities
within each project component as outlined by'-the Gidde to Capital Prqject Delivery Workplan Standards
(previously known as VMS Guide), available at' : / /dot.ca.g_ov
SAS — 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
9. CITY is CO- SPONSOR .for all WORK.
10. CALTRANS is CO- SPONSOR „for all WORK.
11. CITY is the only FUNDING PARTNER for this agreement. CITY " ,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 IlVIPLEMENTING,AGENCY for PS &E and' R4.
SCOPE
Scope: General
15. All WQRK will be performed in accordance with federal and .California'laws, regulations, and
standards.
All WO RK will be performed in, accordance with FHWA STANDARDS -and CALTRANS
STANDARD'S:
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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. ,
1.7. CALTRANS will provide IQA for the pgrtioris of WORK within. existing and proposed SHS right of
way. CAL TRANS retains the right to reject.noncompliant WORK, protect public safety, preserve
property rights, and ensurelhatall 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 thatall'.oftheir 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 California Labor Code and all applicable
regulations and coveragei determinations issued by the Director of Industrial Relations.if PROJECT
work is done under contract (not:compl'eted 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 age.nt :(i. n lulling, but not limited to, contractors, consultants, .and utility owners) must
obtain .''an encroachment permit issued in their name, prior performing, any WORK within, the SHS
R/W. All third. party agents will be assessed an encroachment permit fee.
25. If unanticipated ctiltural, archaeological, paleontological, or other protected resources are discovered
during WORK, all work in that area will stop until a qualified can evaluate the nature and
significance of the discovery and a plan is approved for its removal or protection.
-26. All administrative draft arid,admnistrative final reports, studies, materials, and documentation relied
upon, produced, created, or utilized for PROJECT will be held an confidence pursuant to Government
Code section 6254.5(e).
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District Agreement 04 -2263
PARTNERS will not distribute, release, or share said documents with anyone other .than employees,
agents, and consultants who require access to complete WORK without the written consent of the
partner authorized to release•them, unless required or authorized to do so by law.
27. If any partner receives a public, records request, pertaining to WORK under this agreement, that partner
will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any
transferred public documents.
28. If H 4 -1 or HM -2 is found during WORK., IMPLEMENTING AGENCY for the project component
during which it'is found will immediately notify.PARTNERS.
29. CALTRANS, 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 -1 is.found outside existing SHS right of way, .responsibility for such HM -1 rests with the
owner(s) of the parcel(s)' on which the HM -1 is found. CITY, in concert with the local agency having
land use jurisdiction over the parcel(s), will ensure that HM -1 MANAGEMENT ACTIVITIES are
undertaken with minimum impact to PROJECT schedule.
31. If HM -2 is found within PROJECT limits, the public agency responsible for the advertisement, award,
and. administration (AAA) of the PROJECT construction contract will be responsible for HM -2
MANAGEMENT ACTIVITIES.
32. CALTRANS' acquisition or acceptance of title to any property on which any HM -1 or HM -2 is found
will proceed in accordance with CALTRANS' policy on such acquisition.
33. PARTNERS will comply with all of the commitments and conditions set forth in the environmental
documentation, environmental permits, approvals, and applicable agreements as those commitments and
conditions apply to each partner's responsibilities in this agreement.
34. IMPLEMENTING AGENCY for each project component will furnish PARTNERS with written
monthly progress reports during the implementation of WORK. in that component.
35. Upon COMPLETION.OF WORK, ownership and title to all materials and equipment constructed or
installed as part of WORK within SHS right of way become the property of CALTRANS.
36. IMPLEMENTING AGENCY.for a project component may accept, reject, compromise, settle, or litigate
claims of any non- agreement parties hired to do WORK in that component.
37. PARTNERS will confer on, any claim that may affect WORK or PARTNERS' liability or responsibility
underthis agreement:;in order to retain resolution possibilities for_potential future claims. No partner
shall prejudice the rights of'anotherpartner 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
PACT Version 9.1 3.31.08 5 of 18 9
District Agreement 04 -2263
of termination or COMPLETION OF WORK, or three (3) years .from the date of final federal voucher,
whichever I 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 airy records will take place in the offi ces'.and locations where said_records are
generated and/or stored and will be•,Aceomplished during reasonal le hours of operation.
The audited partner, .will'reuiewthepreliminary audit, firid'irigs, and recommendations, and provide
written comments within 60 calendar days of receipt.
Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of
the dispute resolution process will" be paid within 30 calendar days of the final audit or dispute resolution
findings.
40. PARTNERS consent to service as permitted by law.
41. PARTNERS will not incur costs beyond the funding commitments in this agreement. If
IMPLEMENTING AGENCY anticipates'that funding for WORK will be insufficient to complete
WORK, SPONSOR(S) will seek out additional funds'and PARTNERS will amend this agreement.
p y PLENIENTING AGENCY will place all facilities impacted by
42. If WORK stops for an reason IM
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 theNEP.,A lead agency, CALTRANS will coordinate and obtain,the following.federal resource
agency permits; 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 IDischarge .(NPI)ES)
Permit,.Regional Water Qualify Control Board 401 Permit, and�.anyother iSon- federal resource agency
permits, agreements approval which are required for PROJECT.
46. CITY will, prepare any required federal resource agency permits, agreements and/or approvals for
PROJECT. CLTY willsubmt all said applications to CALTRANS`for review, continent and approval.
CALTRANS will submit the final:applications to the appropriate federal :resource agencies.
PACT Version 9.1 3;31.08
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47. CITY will prepare any required non - federal resource agency pen - nits, agreements and/or approvals for
PROJECT. CITY will submit, all said applications to CALTRANS for review, continent and approval.
CALTRANS will submit "the`fiiial.applications to the appropriate non - federal resource agencies.
48. Each partner accepts responsibility toa complete the activities that they selected on the SCOPE
SUMMARY.. Activities marked with "N /A" on the SCOPE SUMMARY are not included in the scope of
this agreement.
Scope: Plans, Specifications, and Estimates (PS &E)
49. CITY will ensure that the engineering .fine 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 rnanagement':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,rerroved in advance ofconstruction will be identified on the plans,
specifications, and restimate 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, opeabids, award, and approve the, construction contract (AAA) will be
handled outside the commitments of ihis agreement. However, CITY and CALTRANS acknowledge,
and have agreed, that when AAA is necessary, CALTRANS wild perform those duties which include
activity 3.265.
53. CITY:acknow:ledges that activity'3260 will be performed by CALTRANS'. In order for CALTRANS to
perform AAA: in the,f the PS &E package must be reviewed and approved by CALTRANS District.
and HO Office', Engmeers,pri'or to advertisement, which includes all the duties listed in the SCOPE
SUMMARY under activity3.260.
54. CITY will ensure thatthe consultant who prepared the PS &E package will remain available to address
all comments generated during the performance of activity 3:260
Scope:. Right idf Way (>R/W)
55. CITY w..:ill :provide a- land 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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District Agreement 04 -2263
seal,, certificate.nuniber, 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 b& completed prior to construction
contract: award or as otherwise stated in'the PROJECT specifications, and estimates. This
verification must include references to all required SHS encroachment permits.
57. CITY will utilize a qualified- CALTRANS- approved public agency or consultant in all right of way
activities. Right of way consultant contracts will be administered by :a qualified right of way person.
58. CITY will provide a.Rightof"WayCertification 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 fideis subject to review of an Updated Preliminary Title Report provided by
CITY verifying that the tltle'is free of all encumbrances and' liens: ,Upon acceptance, CITY will provide
CALTRANS with a Policy of Title Insurance in CALTRANS' name
60. The California Transportation Cor m' 'Ission (CTC) will hear all Resolutions of Necessity (RONs), if
property condemnation is necessary.
COST
Cost: General
61. SPONSOR(S) will secure °fu'nds forall WORK including,any additional funds beyond the FUNDING
PARTNERS' existing commitments In4his agreement, Any change to the funding commitments
outlined in this agreement requires an amendment to this agreement.
62. The cost of any awards, judgments, or settlements generated `by WORK is a WORK cost.
63. CALTRANS, independent.ofPROJECT will pay all costs MANAGEMENT ACTIVITIES
related to HM= I found within existing 'SHS right of way.
64. Independent ofPROJECT : all costs for H1VI MANAGEMENT ACTIVITIES related to HM -1 found
outside,ahe existing SHS. right of way will be the responsibility of the owner(s) of'the : parcel(s) where the
HM -1 `is .located.
65. HM MANAGEMENT ACTIVITIES costs related to HM -2 are a PROJECT CONSTRUCTION cost.
66. The cost.of coordinating,.:obtaining, complying with, implementing, and ifnecessary renewing and
amending'resource agency permits, agreements, and/or approvals 'is. a WORK cost.
67. The. cost to comply with and implement the commitments set forth in the environmental documentation
is .a WOK cost.
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District Agreement 04 -2263
68, The cost to ensure that PROJECT remains in.environmental compliance is a WORK cost.
69. The cost of any legal challenges to the CEQA or NEPA environmental process or documentation is a
PROJECT cost.
70. Independent of WORK costs, CALTRANS will fund the cost of its own .IQA for WORK done within
existing or proposed .future SHS right of way.
71. Independent of WORK costs; CITY wi ll fund the cost of its own 4QA for WORK done outside existing
or proposed future SHS right of way.
72. Fines, interest,, or penalties: levied against any partner will be paid, independent of WORK costs, by the
partner whose actions or lack of action caused the levy.'That partner "will` indemnify and defend all other
partners.
73. The cost to place PROJECT`ri`ght of way in a safe and operable,condition and meet all environmental
commitments is a WORK cost..
74. Because IMPLEMENTING AGENCY is responsible for managing „ the . scope, cost, and schedule of a
project component, if there are insufficient funds.available in this agreement to place the.right of way in
a safe and operable condition the appropriate IMPLEMENTING AGENCY accepts responsibility to
fund these activities until such time as PARTNERS .amend this, agreement.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment
process.
75. If there are insufficient funds: in this agreement to implement applicable commitments and: conditions
included in the PROJECT environmental. documentation, permits, agreements, and/or approvals that are
in effect at a time that WORK.stops, the partner implementing:the commitments or conditions accepts
responsibility to fund these activides•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,.Specificaiions -aud Estimates (PS &E)
os>t
79. The cost to p i . any utility-facilities whether inside
i�el y ,denyf y andaocafe, p rotect, relocate or remove ,
or SHS n ht. of wa will - be determined m accordance with federal and California, laws and
PACT version 9.1 3.31.08 9 of 18
2-__�>
District Agreement 04 -2263
regulations and CALTRANS' policies; procedures, standards, practices, and applicable agreements
including, but - bot limited to; Freeway Master Contracts.
80. The following partners will submit invoices forPS &'E:.
® CALTRANS will .invoice CITY
81. PARTNERS will exchange Rinds for actual costs.
CALTRANS will. invoice CITY for _an initial deposit. of $50 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: $ased`on the f nal accounting, PARTNERS will refund or invoice as
necessary in order to satisfy the obligation of this agreement.
:„ SCHEDULE
82. PARTNERS will manage the for WORK through the plan included in the PROJECT
MANAGEMENT PLAN.
GIENERAL. CONDITIONS
83. This agreement will be understood in accordance-wi.th acid goverried'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 liability due to its IQA activities.
86. Neither CITY nor ant o dAcer or employee thereof is responsible for any °injury., damage or .liability
occurring byreasorrof anything done or omitted to be done._by CALTRANS under or in ,connection with
any authority,.o.r Jurisdiction 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 everyname,.kind, and description
brought forth under, but not. inited to, tortious, contractual, inverse condemnation, or other theories or
PACT Version 9.1 3.31,.08 10 Of 18
2'
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 be 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 officers and employees from all claims, suits; or actions. of every name, kind, and description
brought forth under but -not limited to,'tortious, contractual, "inyerse 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 arthird party beneficiary_ or define duties, obligations, or rights
in parties not signatory to°this,agreement: This agreement is not intended to affect the legal liability of
PARTNERS by imposing any standard 'of care for completing WORK different from the standards
imposed by law.
89.. PARTNERS will not assign or attempt to assign agreement obligations to parties not signatory to this
agreement.
90. Any ambiguity contained -in this :agreement will not be interpreted against PARTNERS.. PARTNERS
waive the provisions of Califorma.Civil Code section 1:654.
91. A waiver of apartner's performance under this agreeinent`will not constitute.a continuous waiver of any
other provision. An amendment made to;any °art'icle or section of this does not constitute an
amendment to or negate all other articles or sections of'this agreement.
92. A delay or omission to exercise'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 m tlieir obligations, the non - defaulting partner(s) will request in
writing that the default be remedied within 30 calendar days. If the defaulting partner fails to do so, the
non - defaulting partner
(9) may initiate dispute resolution.
94. PARTNERS will frst,:attempVto xesolve 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 aresol'ution'.. 'If no resolution is reached, PARTNERS' legat counsel. wil1 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 "'in accordance with =the terms 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 2 _
'
District.Agreement 04 -2263
Except for equitable relief, no .partner may file a civil complaint until after mediation, or 45 calendar
days after filing the written':med ation 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 axesul "t of.;litigating a dispute under this
agreement or to enforce the provisions of this article including equitable relief.
95. PARTNERS maintain therabilityto pursue alternative or additional dispute remedies ifa previously
selected remedy does not" achieve "re'solufton.
96. If anyprovisiom.in this agreement,are .deemed to be, or are in fact, illegal, inoperative, or
unenforceable, those-provisions do render any or all other: agreement provisions invalid, inoperative,
or unenforceable, and those provisions will be automatically severed fi this agreement.
97. This agreement is intended" to be PARTNERS' final expression-and supersedes all prior oral
understanding or writings pertainingto WORK.
98. If during performance of WORK_additional activities or environmental documentation is necessary to
keep PROJECT in environmental cornpliance, PARTNERS' w, ill :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 or upon 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 agreement through individual signature pages provided that each signature
is an original. This agreement is not fully executed until all original signatures are attached.
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CONTACT INFORMATION
The information provided'below indicates the°primary contact,data. ::for"ea6h.partner to this agreement.
PARTNERS will notify each other.-in writing 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 94,623
Office Phone: (510.) 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) 7,76 =3602
Email: vmarengo @ci.petaluma.ca.us
The billing contact person for CITY is:
Vincent Marengo, Director of Public Works
Petaluma, California 94953
Office Phone: (707) 778 -4467
Fax Number: (707) 776 -3602
Email: vmarengo @ci.peialuma.ca.us
PACT Version 9.1 3.31.08 13 of 18 2 11
District Agreement 04 -2263
SIGNATURES
PARTNERS declare that:
1. Each partner is an authorized legal. entity under California state. law,.
2. 'Each partner has the authority to enter into I 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
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
APPROVED AS TO FORM AND
PROCEDURE
By:
Eric Danly
City Attorney
.APPROVED
By:
Department Director
APPROVED
Rls' k Manager
APPROVED
s
Direct Finance
14 of 18.
PACT Version 9..1.3:31.08 ��
04- SON -101 -4.05 -
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District Agreement 04 -2263
SCOPE SUMMARY
V'
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Q
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Q
Z
3
Plans; Specifications; and Estimates (P..S&E) - 185,
230,.,235,.240„250,,255; 260,'265.'
X
X
185
Prepare Base 'Maps'and Plan Sheets for PS &E
Development.
X
230
Prepare Draft Plans, Specifications °Estimates
X
235
Mitigate'Environmental Impacts;and'Clean' Up Hazardous
Waste
X
X
X
05
Environmental Mitigation
X
X
05
Historical Structures Mitigation.
X
10
Archaeolodical and Cultural Mitigation
X
15
Biological Mitigation
X
20
Environmental 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
Certificate of Sufficiency
X
35
Long Term Mitigation' Monitoring
X
40
Updated Environmental Commitments.Record'
X
45
NEP.A Delegation
X
240
,br4ft;Strbct6res.,Plans; Specifications, and Estimates
X
250
Final- Structures Plans Specifications, and Estimates
Package
X
255
Circulate Review, and Prepare F,inal',D.istrict Plans,
S ecifications, ,and. Estimates Package
X
X
05
Circulated and'Re. viewed. Draft District, Plans,
Specifications., and`Estimates Package.
X
10
1
Updated Plans; Specifcations, and Estimates - Package
X
15
Environmental'Re- Evaluation
X
20
Final`DistricfPlans, Specifications, and:Estimates
Packa e:
X
.25
Geotechnical Information Handout
X'
30
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 -2263
4
Ri hYOf Way R/W - 195, 200, 220, 225; ,.245
,9 y �, )
X
195
Right of Way Property Management and'E)ccess Land
X
200
Utility Relocation
X
15
Approved: Utility Relocation Plan
X
20
Utility, Relocation Package
X
25
Utility, Relocation Management
X
30
Utjlity Close Out
X
99.
Other Uti(ity,3 elocation4Rroducts
X
220
Right;of Way Engineering
X
225
Obtain Right.of'Way Interests,for Project Rightof'Way
Certification:
X
245
Post' Right of Wa.y Work
X
300
Final Right of Way Engineering
X
PACT Version 9.1 3.31.08 16 of 18 O
04.- SON -101 -4.05 - 5.20
EA'. 26404
District Agreement 04 -2263
FUNDING SUMMARY
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LOCAL
CITY
Local
$1.;;700,000.00',
$1,000 000.00
$150,000.00.
$1.,850`,000.00
$1,000,000.00
$2;850,000.00
Subtotals by Component
$1,
$1,000,000:00
$150,000.00
$1,850,000.00
$1,000,000.00
$2,850,000:00
PACT Version 9.1 3.31.08
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ll"
District Agreement 04 -2263
SPENDING SUMMARY
PTS-19w T%E)
Right of Wav
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Right of Way Capital
CITY
$1,000.,000
Right of Way (14W) - Support
CITY
PLANS, SPECIF . I . CAT - ION , S- ANUE ESTIMATES'
. AND
- 1: . -.- �- -1 -
185;.230.,2-35,
-
CITY
, 345-,000
PLANS, SPECIFICATIONS, AND EST
(PS&E) 240, 2 1 50
CALTRANS
$355,000
Right of Wav
PACT Version 9.1-3.31.08 18 of 18
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Right of Way Capital
CITY
$1,000.,000
Right of Way (14W) - Support
CITY
$150
PACT Version 9.1-3.31.08 18 of 18
TWA WITHIN MTRUMEAtTISA
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ReSOlut on No. 2009 -07`5 N.0 S JUG 'S' COQ` L s, }.' ,, ;�,
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of-the City of Petaluma, Callfo-na Arrs�:
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AUTHORIZING THE MANAGER TO EXECUTI�M JOIN
A COOPERATIVE AGREEMENT BETWEEN. THE CITY AND CALTRA S
IN AN AMOIIN'T,NOT TO EXCEED`S2.85M FOR.DEL;IVERY OF PLANS,
SPECIFICATIONS AND ESTIMATES (PS &E) AND RIGHT .OF-WAY ACQUISITIONS, r
AND TO EXECUTE A C:OOPERATI'VE AGREEMENT BETWEENTHE CITY AND
SCTA TO PROVIDE CONSTRUCTION FUNDING IN AN AMOUNT
NOT -TO- EXCEED S:I 1.5M "FOR TR.E EAST WASHINGTON INTERCHANGE
PROJECT (PROJECT RDA100280) COMPON'ENT' TILE
MA.RIN SONOMA NARROWS SEGIME °NT C: (MSN' -C) PROJECT
WHEREAS, the City of Petaluma wishes to proceed with -the design `(plans,
specifications, and estimate, or P &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 Comm] ssionauthorized allocation of $41x1 from P.CD.0 account undesi.gnated 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 componenf'ofthe MSN -C Project; and,
WHEREAS, on January `26, 2009, the Petaluma Community Development Commission
adopted the findings, made in,accordance with California Health and Safety Code Section 33445
for expenditure 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 twundertake
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
WHEREAS, in order to pTocegd, a cooperative funding agreement for contribution of
constfuction "funding must be executed between the City of Petaluma and. the Sonoma,Co.unty
Transportation Authority.
NOW THEREVORtE, 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 "Cooperati:ve 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;* power and authority confcircd,upon, this Council bythe Charter of said; City.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
I lid eby foregoing Resolution was.introduced and adopted by the
Council of the
Ciiy' ' ,of Petatuma;at'a Regular`nieeting on the I day oQune 2009,
by the "follow.ing vote;.
Vice ; Playrl3arrett, Glass; Harris, Healy, Rabbitt, Renee, Mayor Torliatt
None
Ity
to
None
None
b"
City Clerk �Mayor "
kcsolution.No. 2009 -075 N.C.S. Page 2 ��
STATE OF CALIFORNIA- BUSTNESS TRANSPORTATION AND HOUS[NG:AGENCY ARNOLD SCHW ARZENEGGER. Govemor
DEPARTMENT OF TRANSPORTATION
111 GRAND AVENUE = 1 °
P: O.'BOX 23660
OAKLAND, CA 94623, -•0660
PHONE (510) 622 -0754 Flexyourpower!
FAX (510) 622 -0826 Be energy efficient!
TTY. (800) 735 -2929
June 10, 2009
Ms. Sherry Pimsler
Administrative Assistant
Public Works Department
City of Petaluma
P. O. Box 6 -1
Petaluma, CA. 94953
04-'Son-10,1-PM 4.05/5:20
East Washington I/C Improvements
04- 264041
District Agreement No. 4 -2263
Dear Ms. Pimsler:
Enclosed for your file is a fully executed copy of Cooperative Agreement 4 -2263 between
the State and City of Petaluma for the East Washington Interchange Improvements project..
This Agreement was executed on June 3, 2009. The estimated date for completion of work
under this Agreement is January 31, 2011.
S, erely,
PAUL P. MAI
Design Office Chief
:Design South, Santa Clara "B"
Enclosure
''Caltrans improves mobility across California"