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HomeMy WebLinkAboutResolution 2012-154 N.C.S. 11/5/2012 Resolution 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/California 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. 2.. 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 conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approveddas to Council of the City of Petaluma at a Regular meeting on the 51"day of November, 2012,by the following vote: \ City Attorney AYES: Albertson, Barrett,Mayor Glass, Harris. Healy.Kearney, Vice Mayor Renee NOES: None ABSENT: None ABSTAIN: None / ATTEST: JAL) Ate or /,/ City Clerk or Resolution No.2012-154 N.C.S. Page 1 EXHIBIT A • Son 101 PM 7.1/3.1 FREEWAY MAINTENANCE AGREEMENT WITH 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 fully 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 ahovementioned 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: • 1. CITY agrees to continue their control and maintenance of each of the affected relocated • or reconstructed CITY 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 t 01 PM 7.1/8.1 4. The PARTIES agree to accept their then 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 terms of this Agreement, the terms of this Agreement shall prevail. S. CITY must obtain the necessary Encroachment Permits from STATE's District 4 Encroachment Permit 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. %. 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, retaining 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 7.1/3.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 CrrY facilities shall be shared by the PARTIES. Timing of traffic signals shall be die 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 cosi 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. . II. BICYCLE PATHS Except for bicycle paths constructed as permitted encroachments within STATE's right of way for which the permittee is solely responsible for all path improvements, STATE will maintain, at STATE expense, all fences, guardrailings, 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 nonmotorized 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 tinder 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 omitted 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 Compliance/Pre'ailing 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(0(1). Subcontracts shall include all Prevailing Wage requirements set forth in CITY'S contracts. F. Insurance: CITY and their contractors shall maintain in force, during the tenn 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 7.118.1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF PETALUMA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By CITY MANAGER MALCOLM DOUGHERTY Director ATTEST; By BY NADER ESHGHIPOUR Date Deputy District Director CITY Clerk Maintenance District 4 APPROVED AS TO FORM; By CITY Attorney Resolution No. 2012-154 N.C.S. Page 6 h O o O Q w N I- O m p • S bdi 11 N 1 . V Z J o O ° "n I- m oq v ¢N o � F r x Z07e.- CI-- F- ,-I o s i 3 w . •o3� F: 0 zoo U, Z N' WUa sn W V / W W Hea +a, O w .E _1 �r i'd° \` J �w'I Q N so Q �__ ��o F O 0 0 0 + f c / Qg.° W W a s / w� wO I °`� z ° oo a °' , t QLL < 4I t w PI S 4 r Z�' o z.. lams of a ao /1° x GIs ' 2 o A o J •- 'St 1 4 Y } 9�-4 a 15 110]5 N N 0. 3 w JaP ; C z o0 w v ASP r II ,:5 sso8 OI'- W O Q IC 4 w s --= 0° I 5 CNtlB I DI, 4 vii 11 o _ Y: c . t O ,� J C U Q N F- O CO 4.11 1 t °; a 1 �u Resolntion_No.2012-154 N.C.S. 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