HomeMy WebLinkAboutResolutions 2011-066 N.C.S. 05/02/2011Resolution No. 2011 -066 N.C.S.
of the City of Petaluma, California
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
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 consented 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; and,
WHEREAS, Caltrans, Sonoma County Transportation Authority (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, Caltrans, SCTA and the City of Petaluma have 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 SCTA, pursuant to an exception received from the Federal Highway
Resolution No. 2011 -066 N.C.S. Page 1
Administration for this reallocation of Project funding.
NOW THEREFORE, BE IT RESOLVED, that the Petaluma City Council authorizes
the City Manager to execute Amendment No. 1 to the Cooperative Agreement between the City
of Petaluma and Caltrans, attached to this resolution as Exhibit A and incorporated herein by
reference.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE
AYES:
NOES:
ABSENT:
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 2 6d day of May, 2011,
by the following vote:
Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Ren6e
as to
Attorney
None
None
ABSTAIN: None
ATTEST:
CY
Mayor
City Clerk
Resolution No. 2011 -066 N.C.S. Page 2
04 -SON -101- 4.05 -5.20
EXHIBIT A TO RESOLUTION EA: 26404
District Agreement 04- 2263 -A1
AMENDMENT 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 -2263 (AGREEMENT) on June
3. 2009, defining the 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 utility relocations in the City of Petaluma.
2. Subsequent to the execution of the AGREEMENT, PARTNERS and Sonoma County
Transportation Authority (SCTA) have decided that because of staging issues the CITY's
water and sewer utilities will be 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 construction for 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 the PROJECT'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 Summary designating dollar amounts PARTNERS will spend
within the PS &E and R/W phases of PROJECT.
IT IS THEREFORE MUTUALLY AGREED:
4. The SCOPE SUMMARY of AGREEMENT is replaced in its entirety by SCOPE
SUMMARY Al, attached to and made a part of AMENDMENT, and any reference to
SCOPE SUMMARY in AGREEMENT is deemed a reference to SCOPE SUMMARY
Al.
The .FUNDING SUMMARY of AGREEMENT is replaced in its entirety by FUNDING
SUMMARY A1, 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 Al.
6. A SPENDING SUMMARY Al , attached to and made a part of AMENDMENT, is
hereby added to AGREEMENT showing PARTNERS' designated dollar amounts for the
PS &E and R/W Capital and Support phases of PROJECT.
7. Article 50 of AGREEMENT is hereby replaced in its entirety to read as follows:
50. CITY will identify and locate all utility_facilities within PROJECT
area as part of PS&E responsibilities, except as noted in the
SCOPE SUMMARY. All utility facilities not relocated or
removed in advance of construction will be identified on the
plans, specifications, and estimate for PROJECT.
Article 101 of AGREEMENT is hereby replaced in its entirety to read as
follows:
101. The following documents are attached to, and made an express
part qf, this agreement: SCOPE SUMMARY, FUNDING
SUMMARY and SPENDING SUMMARY.
9. All other terms and conditions of AGREEMENT shall remain in full force and effect.
10. AMENDMENT is deemed to be included and made a part of AGREEMENT.
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CONTACT INFORMATION
The information provided below indicates the primary contact 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:
Wajahat Nyaz, Project Manager
111 Grand Avenue
Oakland, California 94612
Office Phone: (510) 286 -5119
Mobile Phone: (510) 715 -6273
Email: Wajahat_ Nyaz@dot.ca.gov
The primary agreement contact person for CITY is:
Larry Zimmer, Engineering Manager
11 English Street
Petaluma, California 94952
Office Phone: (707) 778 -4467
Fax Number: (707) 776 -3602
Email: Izimmer@ci.petaluma.ca.us
The billing contact person for CITY is:
Larry Zimmer, Engineering Manager
Petaluma, California 94953
Office Phone: (707) 778 -4467
Fax Number: (707) 776 -3602
Email: lzimmer( Rci.petaluma.ca.us
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PARTNERS declare that:
SIGNATURES
1. 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 to do so on behalf of their public
agencies
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
Helena (Lenka) Culik -Caro
Deputy District Director - Design
CERTIFIED AS TO FUNDS:
By:
Maureen Rehs
District Budget Manager
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CITY OF PETALUMA
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, Specifications, and Estimates (PS &E) -185,
X
X
230, 235, 240, 250, 255, 260, 265
185
Prepare Base Maps and Plan Sheets for PS &E
X
Development
230
Prepare Draft Plans, Specifications, and Estimates
X
235
Mitigate Environmental Impacts and Clean Up Hazardous
X
X
X
Waste
05
Environmental Mitigation
X
X
05
Historical Structures Mitigation
X
10
Archaeological 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
NEPA Delegation
X
240
Draft Structures Plans, Specifications, and Estimates
X
250
Final Structures Plans, Specifications, and Estimates
X
Package
255
Circulate, Review, and Prepare Final District Plans,
X
X
Specifications, and Estimates Package
05
Circulated and Reviewed Draft District Plans,
X
Sp ecifications, and Estimates Package
10
Updated Plans, Specifications, and Estimates Package
X
15
Environmental Re- Evaluation
X
20
Final District Plans, Specifications, and Estimates
X
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
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Except for City of Petaluma's water and sewer utilities, which will be relocated
during Construction.
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50
Secured Lease for Resident Engineer Office Space or
X
Trailer
260
Contract Bid Documents Ready to List
X
265
Awarded and Approved Construction Contract
X
4
Right of Way (RIW) - 195, 200, 220, 225, 245, 300
X
195
Right of Way Property Management and Excess Land
X
200
Utility Relocation *
X
15
Approved Utility Relocation Plan
X
20
Utility 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
Obtain Right of Way Interests for Project Right of Way
X
Certification
245
Post Right of Way Certification Work
X
300
Final Right of 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
$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
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SPENDING SUMMARY Al
Design (PS &E)
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Right of Way Capital
.
$4,010,000
Right of Way Support
CITY
$510,000
PLANS, SPECIFICATIONS, AND
ESTIMATES (PS &E) - 185, 230, 235, 255
CITY
$1,535,000
PLANS, SPECIFICATIONS, AND
CALTRANS
1
ESTIMATES PS &E) - 185, 230, 235, 255
$415,000
Right of Wav
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Right of Way Capital
CITY
$4,010,000
Right of Way Support
CITY
$510,000
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