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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 PACT Version 9 .1 3.31,08 1 of 8 04- SON - 101 -4.05 -5.20 EA: 26404 District Agreement 04- 2263 -A1 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. PACT Version 9.1 3.31.08 2 of 8 04- SON -101- 4.05 -5.20 EA: 26404 District Agreement 04- 2263 -A1 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 PACT Version 9.1 3.31.08 3 of 8 04- SON -101- 4.05 -6.20 EA: 26404 District Agreement 04- 2263 -A1 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 PACT Version 9.1 3.31.08 CITY OF PETALUMA City Manager Attest: City Clerk Approved as to form: City Attorney Approved: Department Director Approved: Risk Manager Approved: Finance Director 4of8 04- SON -101- 4.05 -5.20 EA: 26404 District Agreement 04- 2263 -A1 SCOPE SUMMARY Al PACT Version 9.1 3.31.08 5 of 8 o z � LO W ti oa C U a U Q Q U 3 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 PACT Version 9.1 3.31.08 5 of 8 04- SON -101- 4.05 -5.20 EA: 26404 District Agreement 04- 2263 -A1 Except for City of Petaluma's water and sewer utilities, which will be relocated during Construction. PACT Version 9.1 3.31 .08 6 of 8 o z cc ti Co Q z � N i J Q U ❑ v 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. PACT Version 9.1 3.31 .08 6 of 8 04-SON-1 01-4.05-5.20 EA: 26404 District Agreement 04- 2263 -A1 FUNDING SUMMARY Al PACT Version 9.1 3.31.08 7 of 8 o CL c. 0 =M c d U CL �� .. a ., u_ N u_ o. cn to N v cn U. ti 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 PACT Version 9.1 3.31.08 7 of 8 04 -SON- 101- 4.05 -5.20 EA District Agreement 04- 2263 -A1 SPENDING SUMMARY Al Design (PS &E) � � J o Z O Q. v c on r- t:rZ - ra L ! J 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 o c 70 z :z C) U 0 O d jL 0 0- Right of Way Capital CITY $4,010,000 Right of Way Support CITY $510,000 PACT Version 9.1 131.08 8 of 8