HomeMy WebLinkAboutResolution 2009-075 N.C.S. 06/01/2009Resolution No. 2009-075 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE
A COOPERATIVE AGREEMENT BETWEEN THE CITE AND CALTRANS
IN AN AMOUNT NOT TO EXCEED $2.85M FOR DELIVERY OF PLANS,
SPECIFICATIONS AND ESTIMATES (PS&E) AND RIGHT-OF-WAY ACQUISITIONS,
AND TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND
SCTA TO PROVIDE CONSTRUCTION FUNDING IN AN AMOUNT
NOT-TO-EXCEED $1.15M FOR THE EAST WASHINGTON INTERCHANGE
PROJECT (PROJECT RDA100280) COMPONENT OF THE
MARIN SONOMA NARROWS SEGMENT C (MSN-C) PROJECT
WHEREAS, the City of Petaluma wishes to proceed with the design (plans,
specifications, and estimate, or PS&E), right-of--way acquisitions and contribute. to the
construction of the East Washington Interchange component of the Marin Sonoma Narrows
(MSN) Segment C Project; and,
WHEREAS, at its meeting of December 29, 2005, the Petaluma Community
Development Commission authorized allocation of $4M from PCDC account undesignated fund
balance to the East Washington Interchange component (Project RDA 100280) of the MSN-C
Project. for right-of--way acquisition and construction of the ramp improvements to the East
Washington Interchange component of the MSN-C Project; and,
WHEREAS, on January 26, 2009, the Petaluma Community Development Commission
adopted the findings, made in accordance with California 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 to undertake
these Public Improvements; and,
WHEREAS, in order to proceed, a cooperative funding agreement for PS&E and right-
of-way acquisitions must be executed between the City of Petaluma and the California
Department of Transportation; and,
Resolution No. 2009-075 N.C.S. Page 1
WHEREAS, in order to proceed, a cooperative funding agreement for contribution of
construction funding must be executed between the City of Petaluma and the Sonoma County
Transportation Authority.
NOW 'I'I~EREFORE, BE I~ RESOLVED, that the Petaluma City Council authorizes
the City Manager to execute the Cooperative Agreement between the City of Petaluma and the
California Department ofTransportation, attached to this resolution as Exhibit A and
incorporated herein by reference, and to execute the Cooperative Agreement between the City of
Petaluma and Sonoma County Transportation Authority, attached to this resolution as Exhibit B
and incorporated herein by reference, including any final changes to such agreements approved
by the City Attorney.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the ~ppro ed to
Council of the City of Petaluma at a Regular meeting on the 1 S` day of June, 2009, f
by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: l~~N ~
City Clerk
..~, .,.
City
Resolution No. 2009-075 N.C.S. Page 2
04-SON-101-4.05 - 5.20
EA: 26404
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EXFIIBIT A TO ItESOLIJTIOI~B
COOPERATIVE AGREEMENT
This agreement, effective on , 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.
1. CALTRANS and CITY, collectively referred to as PARTNERS, are authorized to enter into a cooperative
agreement for improvements within the SHS right of way per Streets and Highways Code sections 114
and/or 130.
2. WORK completed under this agreement contributes toward the East Washington Interchange
improvements, which include construction of a new northbound freeway on-ramp, widening of the
existing southbound freeway on-ramp, required widening at the terminus of the northbound on-ramp
and utility relocations, referred to as PROJECT.
3. PARTNERS will cooperate to complete the PS&E and R/W phases of PROJECT.
4. There are no prior PROJECT-related cooperative agreements.
5. Prior to this agreement, CALTRANS developed the Project Initiation Document and CALTRANS
developed the Project Report.
6. CALTRANS prepared the environmental documentation for PROJECT.
7. The estimated date for COMPLETION OF WORK is January 31, 201 1.
8. PARTNERS now define in this agreement the terms and conditions under which they will accomplish
WORK.
DEFINITIONS
CALTRANS STANDARDS -CALTRANS policies and procedures, including, but not limited to, the guidance
provided in the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide)
available at http://dot.ca.aov.
CEQA -The California Environmental Quality Act (California Public Resources Code, sections 21000 et seq.) that
requires State and local agencies to identify the significant environmental impacts of their actions and to avoid
or mitigate those significant impacts, if feasible.
COMPLETION OF WORK -All PARTNERS have met all scope, cost, and schedule commitments included in this
agreement and have signed a COOPERATIVE AGREEMENT CLOSURE STATEMENT.
COOPERATIVE AGREEMENT CLOSURE STATEMENT - A document signed by PARTNERS that verifies the completion
of all scope, cost, and schedule commitments included in this agreement.
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FHWA -Federal Highway Administration.
FHWA STANDARDS -FHWA regulations, policies and procedures, including, but not limited to, the guidance
provided at http://www.fhwa.dot.aov/programs.html.
FUNDING PARTNER - A partner who commits a defined dollar amount to WORK.
FUNDING SUMMARY -The table in which PARTNERS designate funding sources, types of funds, and the project
components in which the funds are to be spent. Funds listed on the FUNDING SUMMARY are "not-to-exceed"
amounts for each FUNDING PARTNER.
HM-1 -Hazardous material (including, but not limited to, hazardous waste) that may require removal and
disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM-2 -Hazardous material (including, but not limited to, hazardous waste) that may require removal and
disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES -Management activities related to either HM-1 or HM-2 including, without
limitation, any necessary manifest requirements and disposal facility designations.
IMPLEMENTING AGENCY -The partner responsible for managing the scope, cost, and schedule of a project
component to ensure the completion of that component.
IQA -Independent Quality Assurance -Ensuring that IMPLEMENTING AGENCY'S quality assurance activities
result in WORK being developed in accordance with the applicable standards and within an established
Quality Management Plan. IQA does not include any work necessary to actually develop or deliver WORK or
any validation by verifying or rechecking work performed by another partner.
NEPA -The National Environmental Policy Act of 1969 that establishes a national policy for the environment and
a process to disclose the adverse impacts of projects with a federal nexus.
PARTNERS -The term that collectively references all of the signatory agencies to this agreement. This term only
describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is
not used in the traditional legal sense in which one partner's individual actions legally bind the other partners.
PROJECT MANAGEMENT PLAN - A group of documents used to guide a project's execution and control
throughout the project's lifecycle.
PS&E (Plans, Specifications, and Estimates) -The project component that includes the activities required to
deliver the plans, specifications, and estimates for PROJECT.
R/W (Right of Way) -The project component that includes the activities required to deliver fhe right of way for
PROJECT.
SAFETEA-LU -The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, signed into
federal law on August 10, 2005.
SCOPE SUMMARY -The table in which PARTNERS designate their commitment to specific scope activities within
each project component as outlined by the Guide to Capital Project Delivery Workplan Standards (previously
known as WBS Guide) available at http://dot.ca.gov.
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SHS -State Highway System.
SPONSOR(S) -The partner that accepts the obligation to secure financial resources to fully fund WORK. This
includes any additional funds beyond those committed in this agreement necessary to complete the full scope
of WORK defined in this agreement or settle claims.
WORK -All scope and cost commitments included in this agreement.
RESPONSIBILITIES
CITY is CO-SPONSOR for all WORK.
10. CALTRANS is CO-SPONSOR for all WORK.
1 1. CITY is the only FUNDING PARTNER for this agreement. CITY's funding commitment is defined in the
FUNDING SUMMARY.
12. CALTRANS is the CEQA lead agency for PROJECT.
13. CALTRANS is the NEPA lead agency for PROJECT.
14. CITY is IMPLEMENTING AGENCY for PS8~E and R/W.
SCOPE
Scope: General
15. All WORK will be performed in accordance with federal and California laws; regulations, and standards.
All WORK will be performed in accordance with FHWA STANDARDS and CALTRANS STANDARDS.
16. IMPLEMENTING AGENCY for a project component will provide a Quality Management Plan for that
component as part of the PROJECT MANAGEMENT PLAN.
17. CALTRANS will provide IQA for the portions of WORK within existing and proposed SHS right of way,
CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights,
and ensure that all WORK is in the best interest of the SHS.
18. CITY may provide IQA for the portions of WORK outside existing and proposed SHS right of way.
19. PARTNERS may, at their own expense, have a representative observe any scope, cost, or schedule
commitments performed by another partner. Observation does not constitute authority over those
commitments.
20. Each partner will ensure that all of their personnel participating in WORK are appropriately qualified to
perform the tasks assigned to them.
21. PARTNERS will invite each other to participate in the selection and retention of any consultants who
participate in WORK.
22. PARTNERS will conform to sections 1720 - 1815 of the California Labor Code and all applicable
regulations and coverage determinations issued by the Director of Industrial Relations if PROJECT work is
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done under contract (not completed by a partner's own employees) and is governed by the Labor
Code's definition of a "public work" (section 1720(a)(1)).
PARTNERS will include wage requirements in all contracts for "public work" and will require their
contractors and consultants to include prevailing wage requirements in all agreement-funded
subcontracts for "public work".
23. IMPLEMENTING AGENCY for each project component included in this agreement will be available to
help resolve WORK-related problems generated by that component for the entire duration of PROJECT.
24. CALTRANS will issue, upon proper application, and at no cost to CITY, an encroachment permit required
for WORK within SHS right of way.
Any third party agent (including, but not limited to, contractors, consultants, and utility owners) must
obtain an encroachment permit issued in their name, prior to performing any WORK within the SHS R/W.
All third party agents will be assessed an encroachment permit fee.
25. If unanticipated cultural, archaeological, paleontological, or other protected resources are discovered
during WORK, all work in that area will stop until a qualified. professional can evaluate the nature and
significance of the discovery and a plan is approved for its removal or protection.
26. All administrative draft and administrative final reports, studies, materials, and documentation relied
upon, produced, created, or utilized for PROJECT will be held in confidence pursuant to Government
Code section 6254.5(e).
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 HM-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 (AAAj 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.
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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 under this
agreement in order to retain resolution possibilities for potential future claims. No partner shall prejudice
the rights of another partner until after PARTNERS confer on claim.
38. PARTNERS will maintain and make available to each other all WORK-related documents, including
financial data, during the term of this agreement and retain those records for four (4) years from the
date of termination or COMPLETION OF WORK, or three (3) years from the date of final federal voucher,
whichever is later.
39. PARTNERS have the right to audit each other in accordance with generally accepted governmental
audit standards.
CALTRANS, the State auditor, FHWA, and CITY will have access to all WORK-related records of each
partner for audit, examination, excerpt, or transaction.
The examination of any records will take place in the offices and locations where said records are
generated and/or stored and will be accomplished during reasonable hours of operation.
The audited partner will review the preliminary audit, findings, and recommendations, and provide
written comments within 60 calendar days of receipt.
Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs arising out of the
dispute resolution process will be paid within 30 calendar days of the final audit or dispute resolution
findings.
40. PARTNERS consent to service as permitted by law.
41. PARTNERS will not incur costs beyond the funding commitments in this agreement. If IMPLEMENTING
AGENCY anticipates that funding for WORK will be insufficient to complete WORK, SPONSOR(S) will seek
out additional funds and PARTNERS will amend this agreement.
42. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities impacted by WORK in a
safe and operable condition acceptable to CALTRANS.
43. If WORK stops for any reason, PARTNERS are still obligated to implement all applicable commitments
and conditions included in the PROJECT environmental documentation, permits, agreements, or
approvals that are in effect at 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.
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44. As the NEPA lead agency, CALTRANS will coordinate and obtain the following federal resource agency
permits, agreements, and/or approvals: U.S. Army Corps of Engineers Permit (404).
45. CALTRANS will coordinate and obtain the following non-federal resource agency permits, agreements,
and/or approvals:, Department of Fish and Game 1600 Agreement(s), Waste Discharge (NPDES) Permit,
Regional Water Quality Control Board 401 Permit, and any other non-federal resource agency permits,
agreements and/or approval which are required for PROJECT.
46. CITY will, prepare any required federal resource agency permits, agreements and/or approvals for
PROJECT. CITY will submit all said applications to CALTRANS for review, comment and approval.
CALTRANS will submit the final applications to the appropriate federal resource agencies.
47. CITY will prepare any required non-federal resource agency permits, agreements and/or approvals for
PROJECT. CITY will submit all said applications to CALTRANS for review, comment and approval.
CALTRANS will submit the final applications to the appropriate non-federal resource agencies.
48. Each partner accepts responsibility to complete the activities that they selected on the SCOPE
SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not included in the scope of this
agreement.
Scope: Plans, Specifications, and Estimates (PS&E)
49. CITY will ensure that the engineering firm preparing the plans, specifications, and estimates will not be
employed by or under contract to the PROJECT construction contractor.
CITY will not employ the engineering firm preparing the plans, specifications, and estimates for
construction management of PROJECT.
However, CITY may retain the engineering firm during CONSTRUCTION to check shop drawings, do soil
foundation tests, test construction materials, and perform construction surveys.
50. CITY will identify and locate all utility facilities within PROJECT area as part of PS&E responsibilities. All
utility facilities not relocated or removed in advance of construction will be identified on the plans,
specifications, and estimate for PROJECT.
51. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection,
relocation, or removal of any existing utility facilities that conflict with construction of PROJECT or that
violate CALTRANS' encroachment policy.
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52. The responsibility to advertise, open bids, award; and approve the construction contract (AAA) will be
handled outside the commitments of this agreement. However, CITY and CALTRANS acknowledge,
and have agreed, that when AAA is necessary, CALTRANS will perform those duties which include
activity 3.265.
53. CITY acknowledges that activity 3.260 will be performed by CALTRANS. In order for CALTRANS to
perform AAA in the future, the PS&E package must be reviewed and approved by CALTRANS District
and HQ Office Engineers prior to advertisement, which includes all the duties listed in the SCOPE
SUMMARY under activity 3.260.
54. CITY will ensure that the consultant who prepared the PS8~E package will remain available to address all
comments generated during the performance of activity 3.260.
Scope: Right of Way (R/W)
55. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and
right of way engineering. All survey and right of way engineering documents shall bear the professional
seal, certificate number, registration classification, expiration date of certificate, and signature of the
responsible. surveyor.
56. CITY will provide CALTRANS-approved verification of its arrangements for the protection, relocation, or
removal of all conflicting facilities and that such work will be completed prior to construction contract
award or as otherwise stated in the PROJECT plans, specifications, and estimates. This verification must
include references to all required SHS encroachment permits.
57. CITY will utilize a qualified CALTRANS-approved public agency or consultant in all right of way activities.
Right of way consultant contracts will be administered by a qualified right of way person.
58. CITY will provide a Right of Way Certification to CALTRANS prior to PROJECT advertisement.
59. All right of way conveyances must be completed prior to COMPLETION OF WORK. CALTRANS'
acceptance of right of way title is subject to review of an Updated Preliminary Title Report provided by
CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide
CALTRANS with a Policy of Title Insurance in CALTRANS' name.
60. The California Transportation Commission (CTC) will hear all Resolutions of Necessity (RONs), if property
condemnation is necessary.
COST
Cost: General
61. SPONSOR(S) will secure funds for all WORK including any additional funds beyond the FUNDING
PARTNERS' existing commitments in this agreement. Any change to the funding commitments outlined
in this agreement requires an amendment to this agreement.
62. The cost of any awards, judgments, or settlements generated by WORK is a WORK cost.
63. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT ACTIVITIES related to HM-1
found within existing SHS right of way.
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64. Independent of PROJECT, all costs for HM MANAGEMENT ACTIVITIES related to HM-1 found outside the
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 if necessary 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 WORK cost.
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 will fund the cost of its own IQA 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 right of way in a safe and operable condition and meet all environmental
commitments is a WORK cost.
74. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and schedule of a
project component, if there are insufficient funds available in this agreement to place the right of way
in a safe and operable condition, the appropriate IMPLEMENTING AGENCY accepts responsibility to
fund these activities until such time as PARTNERS amend this agreement.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment
process.
75. If there are insufficient funds in 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 activities until such time are PARTNERS amend this agreement.
That partner may request reimbursement for these costs during the amendment process.
76. PARTNERS will pay invoices within 30 calendar days of receipt of invoice.
77. FUNDING PARTNERS accept responsibility to provide the funds identified on the FUNDING SUMMARY.
78. SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of work.
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Cost: Plans, Specifications, and Estimates (PSBE)
79. The cost to positively identify and locate, protect, relocate, or remove any utility facilities whether inside
or outside SHS right of way will be determined in accordance with federal and California laws and
regulations, and CALTRANS' policies, procedures, standards, practices, and applicable agreements
including, but not limited to, Freeway Master Contracts.
80. The following partners will submit invoices for PS&E:
• CALTRANS will invoice CITY
81. PARTNERS will exchange funds for actual costs.
CALTRANS will invoice CITY for an initial deposit of $50,000 upon execution of this agreement. This
deposit represents two (2) months' estimated support costs.
Thereafter CALTRANS will submit to CITY monthly invoices for costs based on the prior month's actual
expenditures.
After PARTNERS agree that all Scope activities are complete, CALTRANS will submit a final accounting
for all WORK costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order
to satisfy the obligation of this agreement.
SCHEDULE
82. PARTNERS will manage the schedule for WORK through the work plan included in the PROJECT
MANAGEMENT PLAN.
GENERAL CONDITIONS
83. This agreement will be understood in accordance with and governed by the Constitution and laws of
the State of California. This agreement will be enforceable in the State of California. Any legal action
arising from this agreement will be filed and maintained in the Superior Court of the county in which the
CALTRANS district office signatory to this agreement resides.
84. All obligations of CALTRANS under the terms of this agreement are subject to the appropriation of
resources by the Legislature, the State Budget Act authority, and the allocation of funds by the
California Transportation Commission.
85. Any PARTNER who performs IQA does so for its own benefit, further, that PARTNER cannot be assigned
liability due to its IQA activities.
86. 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 CALTRANS under or in connection with
any work, authority, or jurisdiction conferred upon CALTRANS under this agreement.
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It is understood and agreed that CALTRANS will fully defend, indemnify, and save harmless CITY and all
of its officers and employees from all claims, suits, or actions of every name, kind, and description
brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or
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, orjurisdiction 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, 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.
88. This agreement is not intended to create a third party beneficiary or define duties, obligations, or rights
in parties not signatory to this agreement. This agreement is not intended to affect the legal liability of
PARTNERS by imposing any standard of care for completing WORK different from the standards imposed
by law.
89. PARTNERS will not assign or attempt to assign agreement 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 California Civil Code section 1654.
91. A waiver of a partner's performance under this agreement will not constitute a continuous waiver of
any other provision. An amendment made to any article or section of this agreement does not
constitute an amendment to or negate all other articles or sections of this agreement.
92. A delay or omission to 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 in their agreement 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(s) may initiate dispute resolution.
94. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level. If they cannot
resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will
attempt to negotiate a resolution. If no resolution is reached, PARTNERS' legal counsel will initiate
mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of
WORK 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.
Except for equitable relief, no partner may file a civil complaint until after mediation, or 45 calendar
days after filing the written mediation request, whichever occurs first.
Any civil complaints will be filed in the Superior Court of the county in which the CALTRANS district office
signatory to this agreement resides. The prevailing partner will be entitled to an award of all costs, fees,
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and expenses, including reasonable attorney fees as a result of litigating a dispute under this
agreement or to enforce the provisions of this article including equitable relief.
95. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously
selected remedy does not achieve resolution.
96. If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or
unenforceable, those provisions do not render any or all other agreement provisions invalid, inoperative,
or unenforceable, and those provisions will be automatically severed from this agreement.
97. This agreement is intended to be PARTNERS' final expression and supersedes all prior oral understanding
or writings pertaining to WORK.
98. If during performance of WORK additional activities or environmental documentation is necessary to
keep PROJECT in environmental compliance, PARTNERS will amend this agreement to include
completion of those additional tasks.
99. PARTNERS will execute a formal written amendment if there are any changes to the commitments
made in this agreement.
100. This agreement will terminate upon COMPLETION OF WORK 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 this agreement through individual signature pages provided that each
signature is an original. This agreement is not fully executed until all original signatures are attached.
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:
Jit Pandher, Regional Project Manager
1 1 1 Grand Avenue
Oakland, California 94623
Office Phone: (S 10) 286-6425
Email: jit_s_pandher@dot.ca.gov
The primary agreement contact person for CITY is:
Vincent Marengo, Director of Public Works
1 1 English Street
Petaluma, California 94952
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District Agreement 04-2263
Office Phone: (707) 778-4467
Fax Number: (707) 776-3602
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.petaluma.ca.us
SIGNATURES
PARTNERS declare that:
1. Eaeh partner is an authorized legal entity under California state law.
2. Each partner has the authority to enter into this agreement.
3. The people signing this agreement have the authority to do so on behalf of their public agencies.
Resolution No. 2009-075 N.C.S. Page 14
District Agreement 04-2263
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF PETALUMA
By: By:
Helena (Lenka~ Culik-Caro John Brown
Deputy District Director City Manager
Attest:
CERTIFIED AS TO FUNDS: Clair Cooper
City Clerk
By:
Cynthia Stratton APPROVED AS TO FORM AND PROCEDURE
District Budget Manager
By:
Erie Danly
City Attorney
Resolution No. 2009-075 N.C.S.
Page 15
04-SON-101-4.05 - 5.20
EA: 26404
District Agreement 04-2263
SCOPE SUMMARY
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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
Develo ment
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
Packa e
255 Circulate, Review, and Prepare Final District Plans, X X
S ecifications, and Estimates Packa e
05 Circulated and Reviewed Draft District Plans, X
S ecifications, and Estimates Packa e
10 Updated Plans, Specifications, and Estimates Package X
15 Environmental Re-Evaluation X
20 Final District Plans, Specifications, and Estimates X
Packa e
25 Geotechnical Information Handout X
30 Materials Information Handout X
35 Construction Staking Package and Control X
40 Resident Engineer's Pending File X
45 NEPA Delegation X
50 Secured Lease for Resident Engineer Office Space or X
Trailer
Resolution No. 2009-075 N.C.S. Page 16
District Agreement 04-2263
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260 Contract Bid Documents Ready to List X
265 Awarded and Approved Construction Contract X
4 Right of Way (R/VV) -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
Resolution No. 2009-075 N.C.S. Page 17
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 $1,700.,000.00 $1,000,000.00 $150,000.00 $1,850,000.00 $1,000,000.00 $2,850,000.00
Com onent
SPENDING SUMMARY
Design (PS&E)
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PLANS, SPECIFICATIONS, AND ESTIMATES CITY $1
345
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(PS&E) - 185, 230, 235, 255 ,
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PLANS, SPECIFICATIONS, AND ESTIMATES CALTRANS $355
000
(PS&E) -.240, 250 ,
Right of Way
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Right of Way (RW) Capital CITY $1,000,000
Right of Way (RW) Support CITY $150,000
Resolution No. 2009-07~ N.C.S. Page 18
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
This Agreement is made and entered into as of , 2009 ("Effective Date") by
and between the City of Petaluma hereinafter referred to as "CITY" and the SONOMA COUNTY
TRANSPORTATION AUTHORITY hereinafter referred to as "AUTHORITY."
RECITALS
1. AUTHORITY and CITY desire to enter into a Cooperative Funding Agreement to define a framework to
enable the two parties to work cooperatively in developing transportation improvements on the Highway 101 /
East Washington Interchange in Sonoma County, as more particularly described in Exhibit A to this agreement
(hereinafter referred to as "Project").
2. Caltrans has completed the Environmental (PAED) phase of the Project with State TCRP funding.
3. Caltrans completed 65% design plans, specifications and estimate (PS&E) for the Project with State
TCRP funding.
4. Caltrans stopped work on the Project when TCRP funding was exhausted.
5. AUTHORITY and CITY developed a financial plan, a schedule., and roles and responsibilities for
completion of the Project which is attached hereto as Exhibit B, Exhibit C, and Exhibit D (hereinafter referred to
as the "Project Plan") .
6. Pursuant to the Measure M Strategic Plan, AUTHORITY is committed to make available up to
$2,850,000 in Highway 101 Program funding to assist with the Project.
7. CITY is committed to make available up to $4,000,000 in funding to assist with the Project.
8. AUTHORITY is committed to request programming and obligation of $14,500,000 in Federal funding to
assist with the Project.
NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows:
SECTION I
CITY AGREES:
1. Total CITY Contribution. To provide up to $4,000,000 in local funds [or other CITY contribution] towards
the Project, in accordance with the Project Plan. The cost of CITY's own administration, independent quality
assurance, oversight, and. project management is not considered a Project cost that is covered by this
agreement and is not included in the Project Plan.
2. Additional Cooperative Agreements. To enter into a cooperative agreement(s) with Caltrans for the
design (PSS~E), Right of Way Engineering and Support (ROW SUP) and Right of Way (ROW) phases of the Project
in accordance with the Project Plan.
Resolution No. 2009-075 N.C.S. Page 19
3. Completion of Work. To timely complete the design (PSB~E), Right of Way Engineering and Support
(ROW SUP) and Right of Way (ROW) phases of the Project in accordance with the deadlines set forth in the
Project Plan.
4. Construction Funding. To provide up to $1,150,000 in local funds [or other City contribution] to the
AUTHORITY for the construction phase of the Project.
5. Initial Deposit. To make payment of $150,000 within 30-calendar days of receipt of invoice for
advance construction deposit.
6. Progress Payments. To promptly make payments on all construction progress invoices, within 30-
calenday days of receipt of each invoice for construction progress payments.
7. Compliance with Laws. With regard to administering and completing CITY's responsibilities for the
Project, CITY shall at all times comply with all applicable laws of the United States, the State of California, the
County, and with. all applicable regulations promulgated by federal, state, regional, or local administrative and
regulatory agencies, now in force and as they may be enacted, issued, or amended. during the term of this
Agreement.
8. Records. To allow AUTHORITY to audit all expenditures relating to the Project funded through this
Agreement. For the duration of the Project, and for five (5) years following completion of the Project, or earlier
discharge of the Agreement, CITY shall make available to AUTHORITY all records relating to expenses incurred
in performance of this Agreement.
9. Notice of Audit. To provide timely notice to AUTHORITY if an audit is to be conducted.
SECTION II
AUTHORITY AGREES:
1. Total AUTHORITY Contribution. To provide up to $2,850,000 in Measure M Highway 101 program funds
towards the Project, in accordance with the Project Plan. The cost of AUTHORITY'S own administration,
independent quality assurance, oversight, and project management is not considered a Project cost that is
covered by this agreement and is not included in the Project Plan.
2. Federal Funding. To request programming and obligation of $14,500,000 in Federal funding towards
the construction and construction support phases of the Project and to promptly notify CITY if Federal funding
will not be available in accordance with the Projecf Plan.
3. Additional Cooperative Agreements. To enter into a cooperative agreement(s) with Caltrans for the
Advertise, Award, and Approve (AAA), Construction Support (CON SUP), and Construction (CON) phases of
the Project in accordance with the Project Plan.
4. Completion of Work. To timely complete the work necessary to complete off-site environmental
mitigation by the time frames set forth in the environmental documents and permits.
5. Initial Deposit. To invoice CITY fora $150,000 initial deposit 60 working days prior to advertisement of
the construction contract.
Resolution No. 2009-075 N.C.S. Page 20
6. Progress Payments. To promptly invoice CITY for CITY's share of all construction progress payments in
accordance with the Project Plan, within 30-calendar days of receipt from Caltrans of each invoice for
construction progress payments.
7. Reconcile Construction Payments. After receipt of final Construction accounting from Caltrans,
AUTHORITY will invoice or refund as necessary in order to satisfy'the obligation of this agreement.
8. Compliance with Laws. With regard to administering and completing the AUTHORITY'S responsibilities
for the Project, AUTHORITY shall at all times comply with all applicable laws of the United States, the State of
California, the County, and with all applicable regulations promulgated by federal, state, regional, or local
administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
9. Records. To allow CITY to audit all expenditures relating to the Project funded through this.
Agreement. For the duration of the Project, and for five (S) years following completion of the Project, or earlier
discharge of the Agreement, AUTHORITY shall make available to CITY all records relating to expenses incurred
in performance of this Agreement.
10. Notice of Audit. To provide timely notice to CITY if an audit of CITY records is to be conducted.
SECTION III
IT 1S MUTUALLY AGREED:
1. Funding Needs. If additional funds beyond those identified in the Project Plan are necessary to
complete the Project or if Federal funds are not available in accordance with the Project Plan, AUTHORITY and
CITY will cooperate to identify and secure new, increased, or replacement funding. If funding cannot be
identified to complete the project, this agreement can be discharged by either party as provided in Paragraph
3 or 13.
2. Term. This Agreement will remain in effect until discharged as provided in Paragraph 3 or 13 of this
Section III.
3. Discharge. This Agreement shall be subject to discharge as follows:
a. This Agreement may be canceled by a party for breach of any obligation, covenant or condition
hereof by the other party, upon notice to the breaching party. With respect to any breach which is reasonably
capable of being cured, the breaching party shall have thirty (30) days from the date of the notice to initiate
steps to cure. If the breaching party diligently pursues cure, such. party shall be allowed a reasonable time to
cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the
non-breaching party. On cancellation, the non-breaching party retains the same rights as a party exercising its
right to terminate under the provisions of paragraph 3(bJ, except that the canceling party also retains any
remedy for breach of the whole contract or any unperformed balance.
b. By mutual consent of both parties, this Agreement may be terminated at any time.
c. This agreement may be cancelled by either party by no fault of either party if Federal funding is not
available in accordance with the Project Plan.
4. Indemnity. 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 AUTHORITY under or in connection with
any work, authority, or jurisdiction conferred upon AUTHORITY or arising under this agreement.
Resolution No. 2009-075 N.C.S. Page 21
It is understood and agreed that AUTHORITY will fully defend, indemnify, and save harmless CITY and all of its
officers and employees from all claims, suits, or actions of every name, kind, and description brought forth
under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by AUTHORITY under this agreement.
Neither AUTHORITY nor any officer or employee thereof is responsible for any injury, damage, or liability
occurring by reason of anything done or omitted to be done by CITY under or in connection with any work,
authority, or jurisdiction conferred upon CITY or arising under this agreement.
It is understood and agreed that CITY will fully defend, indemnify, and save harmless AUTHORITY and all of its
officers and employees from all claims, suits, or actions of every name, kind, and description brought forth
under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by CITY under this agreement.
5. Notices. Any notice which may be required under this Agreement shall be in writing, shall be
effective when received, and shall be given by personal service, or by certified or registered mail, return receipt
requested, to the addresses set forth below, or to such addresses which may be specified in writing to the
parties hereto.
To CITY:
To AUTHORITY: Executive Director Sonoma County Transportation Authority
490 Mendocino Avenue, Suite 206
Santa Rosa, CA 95401
(707) 565-5373
suzsmith@sctainfo.org
6. Additional Acts and Documents. Each party agrees to do all such things and take all such actions,
and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to
carry out the provisions, intent and purpose of the Agreement.
7. Integration. This Agreement represents the entire agreement of the parties with respect to the subject
matter hereof. No representations, warranties, inducements or oral agreements have been made by any of
the parties except as expressly set forth herein, or in other contemporaneous written agreements.
8. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed
by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
9. Independent Agencies. CITY renders its services under this Agreement as an independent agency.
None of the CITY's agents or employees shall be agents or employees of the AUTHORITY. AUTHORITY renders its
services under this Agreement as an independent agency. None of the AUTHORITY'S agents or employees shall
be agents or employees of the CITY.
10. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any
party without the express written consent of the other party.
11. Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the
AUTHORITY or CITY as the case may be. This provision shall not be construed as an authorization to assign,
transfer, hypothecate or pledge this Agreement other than as provided above.
Resolution No. 2009-075 N.C.S. Page 22
12. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or
beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of
the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of
this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of
the parties.
13. Limitation. All obligations of AUTHORITY under the terms of this Agreement are expressly subject to
AUTHORITY'S continued authorization to collect and expend the sales tax proceeds provided by Measure M. If
for any reason AUTHORITY'S right to collect or expend such sales tax proceeds is terminated or suspended in
whole or part, AUTHORITY shall promptly notify CITY, and the parties shall consult on a course of action. If, after
twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be
deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of
the notice shall be expressly limited by and subject to (i) the lawful ability of AUTHORITY to expend sales tax
proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the
obligations of AUTHORITY under all outstanding contracts; agreements to other obligations of AUTHORITY, of
funds for such purposes:
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
CITY OF
By:
Mayor
ATTEST:
By:
APPROVED AS TO LEGAL FORM
FOR CITY:
By:
City Attorney
SONOMA COUNTY
TRANSPORTATION AUTHORITY
By:
SCTA Chair
APPROVED AS TO SUBSTANCE:
By:
Executive Director
By:
Legal Counsel
Authority
Resolution No. 2009-075 N.C.S.
Page 23
04-SON-101-4.05 - 5.20
EA: 26404
District Agreement 04-2263
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
EXHIBIT A
DESCRIPTION OF THE PROJECT
Reconfigure southbound on-ramp from East Washington Street to Highway 101 with a new two lane on-
ramp with ramp metering and an HOV bypass lane;
Construct a new northbound two-lane on-ramp from westbound East Washington Street to Highway 101
with ramp metering and an HOV bypass lane;
Widen the terminus of the northbound off-ramp from Highway 101 to East Washington'Street from two
to four lanes.
Note: The Project does not include landscaping beyond erosion control. Landscaping will be accomplished
by separate landscaping specific contract.
Resolution No. 2009-075 N.C.S. Page 24
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
EXHIBIT B
PROJECT FINANCIAL PLAN
Funding Plan by Fund Source and Development Phase (Funds in Thousands)
FUND SOURCE PS8~E ROW SUP ROW CON CON TOTAL
CAP SUP CAP
CITY $ l , 700 $ 150 $1,000 $ 0 $1,150 $4,000
100% 100% 66.7% 0% 7.2%
Measure M $ 0 $ 0 $ 500 $ 300 $ 2,050 $2,850
101 0% 0% 33.3% 15% 12.8%
Federal $ 0 $ 0 $ 0 $ 700 $ 12,800 $13,500
SAFETEA-LU 0% 0% 0% 35% 80.0%
Federal $ 0 $ 0 $ 0 $1,000 $ 0 $ 1,000
a ro riation 0% 0% 0% 50% 0%
TOTAL $1,700 $150 $1,500 $2,000 $16,000 $21,350
100% 100% 100% 100% 100%
Note: Measure M funding for ROW CAP of $500,000 is for off-site Environmental Mitigation. SCTA is
implementing agency for off-site Environmental Mitigation.
Resolution No. 2009-075 N.C.S. Page 25
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
EXHIBIT C
PROJECT SCHEDULE
Pro'ect Develo ment Phase Be in End
Environmental PAED Com lete Com lete
Desi n PS&E Feb 2009 A r 2010
Ri ht of Wa Ac uisition ROW A r 2009 Jun 2010
Advertise, Award, A rove AAA Jul 2010 Se 2010
Construction CON Se 2010 Dec 2011
Resolution No. 2009-075 N.C.S. Page 26
COOPERATIVE FUNDING AGREEMENT NO.
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
EXHIBIT D
RESPONSIBILITIES OF THE PARTIES
Table C-l : Additional Cooperative Agreements between Parties by Development Phase.
Coo erative A reement
Project Activity Caltrans Authori Cit
Environmental PAED X X
Desi n PS&E X X
Ri ht of Wa En ineerin and Su ort X X
Ri ht of Wa Ca ital X X
Advertise, Award, A rove AAA X X
Construction Su ort X X
Construction Ca ital X X
Table C-2: Responsible Implementing Agency by Development Phase
Im lementin A enc
Project Activity Caltrans Authorit Ci
Environmental PAED X
Desi n PSB~E X
Ri ht of Wa En ineerin and Su ort X
Ri ht of Wa Ca ital Utilities and Ac uisition X
Right of Way Capital (Off Site Environmental
Miti ation
X
Advertise, Award, A rove AAA X
Construction Su ort X
Construction Ca ital X
Resolution No. 2009-075 N.C.S. Page 27