04-SON 101 PM 11.9/12.7
FREEWAY MAINTENANCE AGREEMENT WITH
CITY OF COTATI
THIS AGREEMENT is made and entered into in duplicate, effective this Ath _day of - 2016, by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE", and the City of Cotati, a Calitornia municipal corporation, hereinafter referred to as "CITY", and collectively referred to as "PARTIES."
SECTION I
RECITALS:
• County of Son a COUNT and inter ate one est as been on the south of Wilfred Avenue, and Railroad Avenue; and
B. WHEREAS, CITY has annexed portions of the area covered by the above referenced Freeway Maintenance Agreement and, therefore, assumed the obligations of COUNTY to maintain these CITY roads now, and
C. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and 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:
SECTION II
AGREEMENT
1. CITY agrees to continue its control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, as Exhibit A, and made a part hereof by this reference.
2. STATE agrees to continue its control and maintenance of those portions adopted as a part of SR 101 Freeway proper as shown on 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 thereafter supersede the attached original Exhibit A and become part of this AGREEMENT.
4. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event the jurisdictional 1 04-SON 101 PM 11.9/12.7
boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes.
5. 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. Such permits will be issued at no cost to CITY.
CITY contractors will be required to obtain an Encroachment Permit from STATE prior to start of any work within STATE's right of way.
6. ROUTE 101/116 INTERCHANGE
CITY, at CITY'S expense, will maintain landscaping in the median island, and plants, street trees, tree wells and grates, irrigation crossovers, and irrigation lines on Route 116 as shown on Exhibit A.
CITY, at CITY's expense, also will maintain other CITY irrigation system appurtenances including CITY's electrical service to serve CITY's irrigation system as shown on Exhibit A.
If sidewalks need repair or replacement due to CITY's planting or irrigation system, tree grates, etc., CITY will repair or replace sidewalks at no expense to STATE. If CITY fails to perform repair or replacement of sidewalks, STATE, at its sole option and upon 30- day written notice to CITY, except in cases of an emergency, may do so at CITY's expense. In that event, STATE shall recover its costs from CITY.
7. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
A. STATE will maintain the structure proper of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways while the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing will be maintained by CITY.
B. CITY will request STATE's District Transportation Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between the traveled way portion of the under roadway surface and the structure that results from modifications to the under roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's District Transportation Permit Engineer prior to starting work. Upon completion of that work, a clearance diagram will be furnished to STATE's District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 2 04-SON 101 PM 11.9/12.7
8. SOUNDWALLS & RETAINING WALLS
Responsibility for debris removal, cleaning and painting to keep STATE right of way and wall surfaces on CITY's side of any soundwall and retaining wall structures free of debris, dirt and graffiti shall lie with CITY.
9. MUSICAL NOTES ON SOUNDWALLS AND RETAINING WALLS
ClY, at CITY's expense, will maintain, and repair as needed, the musical note motif on the retaining walls, and the musical note panels on the soundwalls.
10. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Responsibility for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area, reserved for exclusive freeway use, shall lie with CITY and not with STATE.
11. INTERCHANGE OPERATON
It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.
Timing of traffic signals which shall be coordinated with CITY, shall be the sole responsibility of STATE.
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 Freeway and CITY streets and roads and at ramp connections or SR 101 and CITY facilities shall be shared by the PARTIES as shown in Exhibit B which, by this reference, is made a part of this Agreement.
CITY will own and maintain all emergency vehicle pre-emption equipment installed at intersections indicated on Exhibit B, at CITY's expense.
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 shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, 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 fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind 3 04-SON 101 PM 11.9/12.7
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 with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.
C. Neither STATE not any officer or employee thereof shall be 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. PREVAILING WAGES:
A. Labor Code Compliance- If the work performed pursuant to this AGREEMENT 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, or repair; or maintenance work under Labor Code section 1771. CITY shall comply with the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. 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.
B. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded under this AGREEMENT when the work to be performed by the
subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
E. INSURANCE
A. CITY is self insured. CITY agrees to deliver evidence of self-insured coverage in a form satisfactory to STATE, along with a signed copy of the AGREEMENT.
B. If the work performed under this Agreement is done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liabilit insurance, including coverage of bodily injury liability and propert damage liability, naming the STATE, its officers, agents and 04-SON 101 PM 11.9/12.7
employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess liability. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement.
F. TERMINATION - This Agreement may be terminated by mutual consent upon a 60-day written notice by PARTIES. CITY's or STATE failure to comply with the provisions of this AGREEMENT may be grounds for a Notice of Termination for cause by the offending PARTY.
13. EFFECTIVE DATE
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 or until terminated by STATE or CITY for cause. The execution of this 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 another agreement, except as provided in Article 16 of this Agreement.
14. Notices. Except as otherwise specified in this AGREEMENT, all notices to be sent pursuant to this AGREEMENT shall be made in writing, and sent to the PARTIES at their respective addresses specified below or to such other address as a PARTY may designate by written notice delivered to the other PARTY in accordance with this Section. All such notices shall be sent by:
A. Personal delivery, in which case notice is effective upon delivery; B. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; 5 04-SON 101 PM 11.9/12.7
C. Nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
CITY: Atto: City Engineer
City of Cotati
201 West Sierra Avenue
Cotati, California 94931-4217
Telephone: 707.792.4600
STATE: Attn: Office of Maintenance Services
District 4 Division of Maintenance
Department of Transportation
P.O. Box 23660, MS 4A
Oakland, CA 94623-0660
15. Severability. If any term or portion of this AGREEMENT is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the PARTIES. 04-SON 101 PM 11.9/12.7
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on their behalf. to the PARTIES have followed all necessary legal requirements to validly execute this AGREEMENT.
IN WITNESS WHEREOF, the PARTIES have set their hands and seals the day and year first above written.
CITY OF COTATI STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Mess
Damien O'Bid
City Manager MALCOLM DOUGHERTY
Director
ATTEST:
By Made Ul 8/4/16
3y Jamara NADER ESHGHIPOUR Date
lamara Taylor, CM( Deputy District Director
Deputy City Clerk Maintenance
District 4
APPROVED AS TO FORM: APPROVED AS TO FORM & PROCEDURE
By. RolinaizeDonoghne in Denise gini
Robin Donoghue
City Attorney Attorney
Department of Transportation
EXHIBIT "A"
LOCATION MAP
SONOMA GoUnTy
"RETAINING PATES
ROGAT TO IS SEPARATION Exp
5r. No. 20-0290 ROHNERT PARK
BOUTE 116 CITY LIMIT
1 Croot HERED WESTERN
TRUCK BRAKE IARDSON
INSPECTION AREA ATT AVe BUSINESS • PACIFIC RAILROAD NORTH
DEBBIE HILL WALSRAE
REOHOOD.
WATER BAST SANTA ROSA
IOSERTS LAKE Rd
BENEL frame CASCADE,
REDWOOD COURSE!
ROHNERT PARK
COTATIO
_LOCATION I ROHNERT PARK EXPRESSHAY OC
SIERRA AVENUE UC F. No. 20-235
-Br. No: 20-0167- LAGUNA DE SANTA ROSA. CREEK-BRIDGE
RAILROAD AVENUE LC
5r. No. 20-0289
SHEET 1 OF 7:
MAINTENANCE AGREEMENT WITH THE CITY
04-SON-101. POST MILES COTATI
DATE: 12-14-2011
EXHIBIT "A"
-R/W
SIERRA AVENUE UC
Br. No. 20-0167
MAINTAINED BY THE CITY
DIRT
•E8T
ASPH
84 WEST SCHOOL St
DENSE TREES
ASPH_
ROUTE 101- SON-iDI
ASPH
SON-I01
•DENSE TREES
DENSE TREES
ASPH
LEGEND:
T77 MAINTAINED BY CITY SIERRA AVENUE UC
IRRIGATION CROSSOVER MAINTAINED BY CITY LOCATION 1
SHEET 2. OF 7
RETAINING WALL MAINTAINED BY CITY
MAIN SAC AGREEMENT WITH THOST MILES G2TATI
DATE: 12-13-2011
EXHIBIT "A"
SCHOOL STREET PUC Br No. 0-0188
MAINTAINED BY THE CITY
CONC
ENSE TREES DIRT
- ASPH _ WEST SCHOOL ST _ # SCHOOL ST
DENSE TREES
DENSE TREES
ASPH
- ROUTE 105 SON-IOI
89 ASPH
SON-TO!
ASPR
DENSE TREES
R/ W
DENSE TREES
DENSE TREES
тОДні
LEGEND:
MAINTAINED BY CITY SCHOOL STREET PUC
RRIGATION CROSSOVER MAINTAINED BY CITY LOCATION 2
RETAINING WALL MAINTAINED BY CITY SHEET 3 OF 7
MAIN SONNE AGREEMENT WITH THOSTMILES GOTATI 04-SON-101
POST MILES
DATE: 12-13-2011
EXHIBIT "A"
CC
REDWOOD Or SISE TREES
RO" LINE
ROUTE 118 (GRAVENSTEIN Hwy)
MAINTAINED BY CITY
TS
CROSSOVE
TREES, TREE WELLS- TREE GRATES:
RRIGATION CROSSOVERS AND IRRIGATION LINES
(MAINTAINED BY CITY)
CONC
LEGEND:
MAINTAINED BY CITY
ROUTE 101/116 SEPARATION
IRRIGATION CROSSOVER MAINTAINED BY CITY LOCATION 3
RETAINING. WALL MAINTAINED BY CITY SHEET 4 OF. 7
MAINTENANCE AGREEMENT WITH THOST MILES 92JATI
04-S0N-101
DATE: 12-13-2011
EXHIBIT "A"
1$1.37)
37.83 / W
837 85
TREES,. TREE GRATES.
TREI TREE ROSSOVERS AND IARIGATION LINES
RATTATION CROSSOVERS RRIGATION LINES BY CITY)
32. (MAINTAINED BYAT 0189
137.94
IRRIGATION CROSSOVERS
FREES rAINTAINED BY CITY
2.28. STS /CURB RETAINING WALL
138.081 38.06
ASPH SON-116
32.37 ROUTE 116] (GRAVENSTEIN Hayl, 32,77
32,K8
EONC CONC 3213
"GSN" LINE *
TS RRIGATION CROSSOVER
HAINTAINED BY CITY
32.2472
32.30 3x17
S338
WELLS.
MAINTAINED, BY CITY) V REED TREE WENS. TREE RATES
130. (MAINTAINED BY CITY7
PRRIGATION CROSSOVI 38,31 $32.40
32.74 \MAINTAINED 1367
38:30
LEGEND:
MAINTAINED BY CITY ROUTE : 101/116 SEPARATION
IRRIGATION CROSSOVER MAINTAINED BY CITY LOCATION 3
FL.26 SHEET 5 OF 7
RETAINING WALL MAINTAINED BY CITY 77 tr.
MAIN SONOT AGREEMENT WITH THE POST MILES
DATE: 12-13-2011
EXHIBIT "A"
CONG OLD REDWOOD HwY
3471 180,
CURB RETAINING
Q
CONC
ASPH
(GRAVENSTEIN Hwy)
ASON
335
FOR CHANE LINES S
IRRIGATIOH, CROSSOVERE
SANTANE BORE CITY ELECTRICAL
LEGEND:
ROUTE 101/116 SEPARATION
IRRIGATION CROSSOVER MAINTAINED BY CITY TRA ONE OVER A RATION LINES U LOCATION 3 - RETAINING WALL MAINTAINED BY CITY MAINTAINED • SHEET 6 OF 7
AGREEMENT WITH THE CITY DES GOTATI
POST MILES
DATE: 12-13-2011
EXHIBIT "A"
пр/L
AND WAI NO. 00
REPAINING WALL NO. 98
REDWOOD, Dr
-R/W
3... "GSE" LINE
SON-1QI
1A LINE GO ROUTE 101
98 99
SON-TOI ASPH,
99 08.
COMI
ASPH
SATAN AN NAMING WALTNO SE
COMMERCE.
LEGEND:
MAINTAINED BY CITY
IRRIGATION CROSSOVER MAINTAINED BY CITY RETAINING
RETAINING WALL MAINTAINED BY CITY SHEET
MAINT SO AGREEMENT WITH THOST MILES GOTATI
DATE: 12-14-2011
EXHIBIT B
Basis of Cost Distribution for Operation, Maintenance & Electrical Energy of ELECTRICAL FACILITIES CITY Owned and Maintained Operations, Maintenance and Electrical Energy by CITY.
Post Signal % Cost
No Rte Mile Location Description Signs Distribution
Lights STATE/CITY
1 116 34.91 Redwood Drive Emergency 100
Vehicle
Pre-emption
Equipment
Rte 101 SB Off- Emergency 0 100
2 116 35.03 Ramp & SB On- Vehicle
Ramp Pre-emption
Equipment
3 Rte 101 NB Off- Emergency 0 100
116 35.04 Ramp Vehicle
Pre-emption
Equipment
RESOLUTION NO. 2016 - 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
THE FREEWAY MAINTENANCE AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WHEREAS, on June 11, 1957, a Freeway Maintenance Agreement was executed between the County of Sonoma ("County") and California Department of Transportation ("State") for State Route 101, between 0.5 mile south of Wilfred Avenue, and Railroad Avenue; and WHEREAS, the City of Cotati subsequently was incorporated and therefore assumed the maintenance obligations of the County within the City limits; and WHEREAS, recent adjustments to said freeway have now been completed, or are nearing completion, and the City and State 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 structures and local City streets and roads, or portions thereof, and landscaped areas lying within or outside those modified freeway limits; and WHEREAS, the action of executing the Freeway Maintenance Agreement does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378, therefore, no further environmental review is required.
NOW THEREFORE BE IT RESOLVED THAT the City Council hereby:
1. Approves the attached Freeway Maintenance Agreement with the State, and authorizes the City Manager to execute the agreement.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular joint meeting of the City Council of the City of Cotati and the Successor Agency to the Former Cotati Community Redevelopment Agency held on the 9th day of February, 2016 by the following vote, to wit:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mark Landman, Council Member
SECONDER: Susan Harvey, Council Member
AYES: Wendy Skillman, John C. Moore, Susan Harvey, Mark Landman ABSENT: John A. Dell'Osso
Approved:
Jami Vaul Mayor/Chair
Attest:
Tami Taylor, City Cierk
Aproved as to form: CERTIFICATION
I hereby certify that the foregoing is a full, true, and correct Rulinbaige Donoghue copy of acresaution (orcimaco) duly and regularly adopted City Attorney and passed by the City Council of the City of Cotati, California on the date indicated on said copy.
DATED: July 12, 20K Jama
Bepuly City Clerk, Cib at Colati