2012/06/26 City Council Resolution 2012-71RESOLUTION NO. 2012- 71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT WITH THE
STATE OF CALIFORNIA FOR ROHNERT PARK GOLF COURSE DRIVE UNDERCROSSING
AND STATE HIGHWAY ROUTE 101 IMPROVEMENTS
WHEREAS, State Project EA 04- 129654 will widen State Highway Route 101 ( "SR 101 ") from 4 to
6 lanes from Rohnert Park Expressway Overcrossing to Santa Rosa Avenue On -Ramp Overcrossing,
including constructing a new undercrossing at Golf Course Drive and a new Golf Course Drive Off -Ramp
Viaduct, replacing the Commerce Boulevard Viaduct, and modifying the ramps and local streets,
collectively "PROJECT ";
WHEREAS, on June 11, 1957, and on June 30, 1958, separate freeway maintenance agreements
were executed between STATE and County of Sonoma for SR 101 from PM 10.6 to 14.8, and from PM
14.8 to 19.5, respectively;
WHEREAS, on August 21, 2000, a Freeway Maintenance Agreement was executed between STATE
and CITY to cover the reconstructed Rohnert Park Expressway Interchange, PM 13.7 to 14.1; and
WHEREAS, the PARTIES hereto mutually desire to clarify the division of maintenance
responsibility, as defined in section 27 of the California Streets and Highway Code, and their respective
responsibilities as to PROJECT upon completion of PROJECT construction, as to separation structures,
and CITY streets or portions thereof and landscaped areas, within and outside the freeway limits.
WHEREAS, the City Council determined that the Project is exempt from the requirements of the
California Quality Act (CEQA) pursuant to the following authority:
Section 15301 of the State CEQA Guidelines, the repair and maintenance of existing public or
private structures, including existing highways, streets, and similar facilities, is Categorically
Exempt from the provisions of CEQA (Class 1 — Existing Facilities). The project involves no
expansion of an existing use. There are no federally listed or candidate species, or suitable habitat,
or Critical Habitat within the construction area. There is no substantial evidence that there would be
a significant adverse environmental impact associated with the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it
does hereby authorize and approve an agreement by and between the State of California, acting by and
through the Department of Transportation, and the City of Rohnert Park, a municipal corporation, for the
freeway maintenance of the Rohnert Park Golf Course Drive Undercrossing and State Highway Route 101
Improvements.
BE IT FURTHER RESOLVED that said agreement, when executed, together with the above said
August 21, 2000, Agreement will cover SR 101 in the CITY from south to north city limits, and supersede
the affected portions of the above said Freeway Maintenance Agreements (dated June 1, 1957, and June 30,
1958).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all
actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if
necessary, in substantially similar form to the agreement attached hereto as Exhibit "A," subject to minor
modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 26t1i day of June, 2012.
CITY OF ROHNERT PARK
cJ
Mayor
ATTEST:
0
ity Clerk v
AHANOTU: � �� BELFORTE: ; r -C , 'C- STAFFORD: ij: �L MACKENZIE: YI�
AYES: ( tj ) NOES: ( d ) ABSENT: ( j ) ABSTAIN: ( C,) )
Exhibit A
04 -SON - 101 -1'M 13.9/15.3
FREEWAY MAINTENANCE AGREEMENT WITH
CITY OF ROHNERT PARK
TIIIS AGREEMENT, made and entered into in duplicate, effective this
, day of , 20, is by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
,,S1,ATE ", and the City of Rohnert Park, hereinafter referred to as "CITY ", together referred to
as "PARTIES ".
WITNESSETH:
WHEREAS, STATE Project LA 04- 129654 will widen State Highway Route 101 ( "SR
101 ") from 4 to 6 lanes from Rohnert Park Expressway Overcrossing to Santa Rosa Avenue
On -Ramp Overcrossing, including constructing a new undercrossing at Golf Course Drive
and a new Golf Course Drive Off -Ramp Viaduct, replacing the Commerce Boulevard
Viaduct, and modifying the ramps and local streets, collectively "PROJECT ", more fully
described in Exhibit A, attached to and made a part of this agreement; and
2. WHEREAS, on June 11, 1957 and on June 30, 1958 separate freeway maintenance
agreements were executed between STATE 1=E and County of Sonoma for SR 101 from PM
10.6 to 14.8, and from PM 14.8 to 19.5 respectively.
3. WHEREAS, on August 21, 2000, a freeway Maintenance Agreement was executed between
STATE and CITY to cover the reconstructed Rohnert Park Expressway Interchange, PM
13.7 to 14.1.
4. This Agreement when executed, together with the above said August 21, 2000 Agreement
will cover SR 101 in the CITY from south to north city limits, and supersede the affected
portions of the above said freeway Maintenance Agreements (dated June 11, 1957 and June
30, 1958).
WHEREAS, the PARTIES hereto mutually desire to clarify the division of maintenance
responsibility, as defined in section 27 of the California Streets and Highways Code, and
their respective responsibilities as to PROJECT upon completion of PROJECT construction,
as to separation structures, and CITY streets or portions thereof and landscaped areas, within
and outside the freeway limits.
NOW THEREFORE, IT IS AGREED:
EXHIBIT A
Exhibit "A ", consists of plan drawings that delineate the areas within the STATE
right of way which are CITY's responsibility to maintain in accordance with this
Agreement.
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 PAR'T'IES, which
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04- SON - 141 -PM 13.9/1.3
will thereafter supersede the attached original Exhibit "A" and become part of this
Agreement.
2. VEHICULAR AND BIKE PATH UNDERCROSSINGS
(Golf Course Drive UC; Commerce Boulevard Viaduct; Golf Course Drive Off-Ramp
Viaduct)
STATE will maintain the structure proper of all vehicular and bike path
undercrossings of STATE freeways while the roadway sections, including the
traveled way, shoulders, curbs, sidewalks, bike path pavement, metal beam guard rail,
crash wall, and, 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 at CITY expense. CITY, at CI'T'Y
expense, will be responsible for maintaining the surface appearance of surfaces of
column, slope paving, bridge abutment walls (including eliminating graffiti).
CITY will inform STATE District Transportation Permit Engineer and obtain the
necessary Encroachment Permit for any proposed change in minimum vertical
clearances as defined in Caltrans Highway Design Manual 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
District Transportation Permit Engineer prior to starting work. Upon completion of
that work, a clearance diagram will be furnished to STATE 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.
3. RETAINING WALLS
Responsibility for debris removal, cleaning and painting to keep CITY's side of any
retaining wall structure as shown on Exhibit A free of debris, dirt and graffiti shall not
lie with STATE and shall lie with the CII,Y.
4. REDWOOD DRIVE
CITY, at CITY expense, will be responsible for maintaining the portion of Redwood
Drive located within STATE right of way, in its entirety.
5. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Responsibility for the maintenance of any plantings or other types of roadside
development lying outside of the area reserved for exclusive freeway use shall lie
with CITY and not with STATE.
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04- SON - 101 -PM 13.9/1.3
6. INTERCHANGE OPERATION
A. It is the responsibility of the STATE to provide efficient operation of freeway
interchanges including ramp connections to local streets and roads. Timing of
traffic signals shall be the responsibility of STATE with the exception of site -
specific locations as agreed to by CITY and STATE. At these locations, CITY
will assume maintenance and operation responsibilities of the traffic signal,
cabinet, and controller, safety lighting, or other electrically operated traffic
control devices. CITY will furnish records and proposed subsequent timing
changes to the SPATE. CITY will await STATE approval before implementation.
B. The cost of maintenance and energy costs for traffic signals, safety lighting, or
other- electrically operated traffic control devices shall be shared between STA'T'E;
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. The cost -
sharing locations are as shown in Exhibit "B" which, by this reference, is made a
part of this Agreement
7. LEGAL RELATIONS AND RESPONSIBILITIES
A. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or affect the
legal liability of either party to the Agreement by imposing any standard of care
with respect to the operation and maintenance of State Highways different from
the standard of care imposed by law.
B. Neither SPATE 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 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 and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this Agreement.
C. 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
STATE under or in connection with any work, authority or jurisdiction conferred
upon STATE and arising under this Agreement. It is understood and agreed that
STATE shall fully defend, indemnify and save harmless CITY and all 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 and other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this Agreement.
D. Labor Code Compliance /Prevailing 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
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04- SON - 101 -PM 13.9/15.3)
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.
L. Prevailing Wage Requirements in Subcontracts:
CITY shall require its contractors to include prevailing wage requirements in all
subcontracts 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 CITY's contracts.
F. Insurance:
CITY and their contractors shall maintain in force, during the term 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 Department that shall be
delivered to Department with a signed copy of this Agreement.
8. 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.
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04- SON - 101 -PM 13.9/15.;
The PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter
into this Agreement and have delegated to the undersigned the authority to execute this
Agreement on behalf of the resI)ective agencies and covenants to have followed all the
necessary legal requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
CITY OF ROHNERT PARK STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
MALCOLM DOUGHERTY
Mayor Director
Attest:
By
City Cleric NADER ESHGHIPOUR Date
Deputy District Director
District 4 - Maintenance
Approved as to Form and Procedure
City Attorney
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Approved as to form:
Attorr ey
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BXHf BIT A (Sheet 2 of 7 )
GOLF COURSE DR -UC
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FREEWAY MAINTENANOEAGREEMENT
WI—fH CITY OF ROHRERT PARK
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FREEWAY MAINTEN ANCE AGREEMENT
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