HomeMy WebLinkAboutResolution 2012-154 N.C.S. 11/5/2012Resolution No. 2012-154 N.C.S.
of the City of Petaluma, California
APPROVING THE FREEWAY MAINTENANCE AGREEMENT FOR THE OLD
REDWOOD HIGHWAY INTERCHANGE IMPROVEMENT PROJECT AND
AUTHORIZING CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on August 3, 2009, the City Council of the City of Petaluma approved the
cooperative agreement between the City of Petaluma and Sonoma County Transportation
Authority (SCTA) for funding the construction of the Old Redwood Highway Interchange
Improvement Project; and,
WHEREAS, California Department of Transportation ("Caltrans") has requested that the
City enter into a Freeway Maintenance Agreement between the City and Caltrans for the
maintenance of the portion of relocated or reconstructed City streets and roads, namely Old
Redwood Highway/Petaluma Boulevard North, within the State right-of-way ("FMA"); and,
WHEREAS, on June 15, 2010, Caltrans completed a National Environmental Policy
Act/Califomia Environmental Quality Act (NEPA/CEQA) Re -Validation Form evaluating the
addition of the Project to Caltarns' U.S. 101 Central HOV Lane Widening and Improvements
Project, and the FMA does not modify the Old Redwood Highway project as studied therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The FMA attached hereto as Exhibit A is hereby approved.
I The City Manager is authorized to execute the FMA.
3. Staff is directed to adequately budget for reasonably anticipated maintenance as
required by the FMA.
Under the power and authority con Ierred upon this Council by the Charter of said City
REFERENCE:
I hereby certify the foregoing Resolution was introduced and adopted by the
App nvedas to
Council of the City of Petaluma at a Regular meeting on the 5'h day of November,fornu
2012, by the following vote:
\
City Attorney
AYES:
Albertson, Barrett, Mayor Glass, Barris, Mealy. Kearney; Vice Mayor Renee
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:WL}�
e
City Clerk or
Resolution No.2012-154 N.C.S. Page I
EXHIBIT A
Son 101 PM 7.113.1
FREEWAY MAINTENANCE AGREEMENT WTTII
CITY OF PETALUMA
THIS AGREEMENT is made and entered into in duplicate, effective this day of
, 201_, by and between the State of California, acting by and through its
Department of Transportation, hereinafter referred to as "STATE", and the City of Petaluma,
hereinafter referred to as "CITY", and collectively referred to as "PARTIES."
WITNESSETH:
WHEREAS, on December 21, 1966, a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that.portion of State Highway Route 101 (SR _101) within
the jurisdictional limits of CITY as a freeway.
WHEREAS, on October 4, 2011, a Cooperative Agreement No. 04-2363 was executed between
Sonoma County Transportation Authority, which is not a party to this agreement, and STATE,
to reconstruct SR 101 at Old Redwood Highway interchange, hereinafter referred to as
"PROJECT", more filly described in Exhibit "A", attached to and made a part of this
agreement; and
WHEREAS, in accordance with the said Cooperative Agreement and pursuant to Section 3 of
the abovementioned Freeway Agreement, CITY has resumed or will resume control and
maintenance over each of the affected relocated or reconstructed CITY streets, except for those
portions adopted as a part of the freeway proper.
WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to clarify and revise the division of
maintenance, as defined in section.27 of the California Streets and Highways Code, and their
respective responsibilities as to separation structures and local CITY streets and roads, or
portions thereof, and landscaped areas lying within or outside those modified freeway limits
NOW THEREFORE, IT IS AGREED:
CITY agrees to continue their control and maintenance of each of the affected relocated
or reconstructed CFTY streets and roads as shown on that plan map attached hereto,
marked Exhibit "A", and made a part hereof by this reference.
2. STATE agrees to.continue control and maintenance of those portions adopted as a part
of SR 101 Freeway proper as shown Exhibit "A".
3. When another planned future improvement has been constructed and/or a minor
revision has been effected within the limits of the freeway herein described which will
affect the PARTIES' division of maintenance responsibility as described herein,
STATE will provide a new dated and revised Exhibit "A," which will be made a part
hereof by an amendment to this Agreement when executed by all PARTIES, which will
thereafter supersede the attached original Exhibit "A" and become part of this
Agreement.
Resolution No. 2012-154 N.C.S. Page 2
Son 101 PM 7.1/8.1
4. The PARTIES agree to accept their than respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional
boundaries of the PARTIES should change and Exhibit "A" is amended to reflect those
changes. When there is a conflict between Exhibit "A" and the terns of this
Agreement, the terms of this Agreement shall prevail.
5. CITY must obtain the necessary Encroachment Permits from STATE's District 4
Encroachment Pennit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
6. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
A. STATE will maintain, at STATE expense, the entire structure of any STATE
constructed vehicular and pedestrian overcrossings of SR 101 below the deck
surface except as hereinafter provided.
B. CITY will maintain, at CITY expense, the deck surface and/or surfacing and
structural drainage system (and shall perform such work as may be necessary to
ensure an impervious and/or otherwise suitable surface) and all portions of the
structure above the bridge deck, including, but without limitation, lighting
installations, as well as all traffic service facilities (sidewalks, signs, pavement
markings, bridge rails, etc.) that may be required for the benefit or control of traffic
using that overcrossing.
C. At such locations as shall be determined by STATE, screening shall be placed on
STATE freeway overpasses on which pedestrians are allowed as directed by section
92.6 of the Streets and Highways Code. All screens installed under this program,
except for graffiti removal, will be maintained by STATE; at STATE expense.
7. SOUNDWALLS, RETAINING WALLS, CONCRETE BARRIERS
Responsibility for debris removal, cleaning and painting to keep state right of way and
wall surfaces on CITY's side of any sound walls, retairung walls, and concrete barriers
free of debris, dirt and graffiti shall lie with CITY.
8, LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Responsibility for the maintenance of any plantings or other types of roadside
development, accessible by CITY, lying outside of the fenced right of way area
reserved for exclusive freeway use shall lie with CITY and not with STATE.
9. INTERCHANGE OPERATON
It is STATE's responsibility to provide efficient operation of freeway interchanges,
including ramp connections to local streets and roads.
[resolution No. 2012-154 N.C.S. Page 3
Son 101 PM 7.1/& t
1.0. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of SR 101 and CITY streets and roads and at ramp
connections or SR101 and CITY facilities shall be shared by the PARTIES. Timing of
traffic signals shall be the sole responsibility of STATE.
The STATE will not pay for maintenance, installation, repair servicing, nor power for
ordinary street lighting; however, lighting at intersections, which qualify as safety
lighting under warrants approved/accepted by the STATE, will be paid for when
approved and specifically authorized by STATE.
The cost of maintaining traffic signals, safety lighting, or other electrically operated
traffic control devices shall be shared between STATE and CITY on a pro rata basis in
the same ratio as the number of legs in the intersection under each jurisdiction bears to
the total number of legs.
11. BICYCLE PATHS
Except for bicycle paths constructed as permitted encroachments within STATE's right
of way for which the pennittee is solely responsible for all path improvements, STATE
will maintain, at STATE expense, all fences, guardradings, drainage facilities, slope
and structural adequacy of any bicycle path located and constructed within STATE's
right of way. CITY will maintain, at CITY expense, a safe facility for bicycle travel
along the entire length of the path by providing sweeping and debris removal when
necessary and all signing and striping and pavement markings required for the direction
and operation of that nomnotorized facility.
12. LEGAL RELATIONS AND RESPONSIBILITIES:
A. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with
respect to the operation and maintenance of STATE highways and local facilities
different from the standard of care imposed by law.
B. 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,
under or in connection with any work, authority or jurisdiction conferred upon
STATE arising under this Agreement. It is understood and agreed that STATE
shall filly defend, indemnify and save harmless CITY and all of their officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortious, contractual, inverse
condemnation and other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement,
Resolution No, 2012-154 N.C.S. Page 4
Son 101 PM 7.1/8.1
C. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or orrtted to be done by
CITY under or in connection with any work, authority or jurisdiction conferred
upon CITY and arising under this Agreement. It is understood and agreed that
CITY shall fully defend, indemnify and save harmless STATE and all of its
officers and employees from all claims, suits or actions of every name, kind and
description brought forth under, including, but not limited to, 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.
D. Labor Code Cotnpliance/Prebailina Wages:
If the work performed on this Project is done under contract and falls within the
Labor Code Section 1720(a)(1) definition .of a "public work" in that it is
construction, alteration, demolition, installation, repair or maintenance, the CITY
must conform to the provisions of Labor Code Sections 1720 through 1815, all
applicable regulations and coverage determinations issued by the Director of
Industrial Relations. CITY agrees to include Prevailing Wage requirements in its
contracts for public work. Work performed by CITY'S own forces is exempt from
the Labor Code's Prevailing Wage requirements.
E. Prevailing Wage Requirements in Subcontracts:
CITY shall require its contractors to include Prevailing Wage requirements in all
subcontracts funded by this Agreement when the work to be performed by the
subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1).
Subcontracts shall include all Prevailing Wage requirements set forth in C,ITY'S
contracts.
F. Insurance:
CITY and their contractors shall maintain in force, during the tern of this
Agreement, a policy of general liability insurance, including coverage of bodily
injury liability and property damage liability, naming the State of California; its
officers, agents and employees as the additional insured in an amount of $1 million
per occurrence and $2 million in aggregate. Coverage shall be evidenced by a
Certificate of Insurance in a form satisfactory to STATE that shall be delivered to
STATE with a signed copy of this Agreement.
13. This Agreement shall be effective upon the date appearing on its face and shall remain
in full force and effect until amended or terminated at any time upon mutual consent of
the parties. It being understood and agreed, however, that the execution of this Freeway
Maintenance Agreement shall not affect any pre-existing obligations of CITY to
maintain other designated areas until a written notice from STATE has been issued that
work in such areas, which CITY has agreed to maintain pursuant to the terms of a
Freeway Agreement, has been completed..
Resolution No. 2012-154 N.C.S. Page 5
Son 101 PM 7. P8.1
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the clay and year first
above written.
CITY OF PETALUMA
By
CITY MANAGER
AYPE,ST;
B
CITY Clerk
APPROVED AS TO FORM;
By
CITY Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Director
By
NADER ESI-IGHIPOUR
Deputy District Director
Maintenance
District 4
Date
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