HomeMy WebLinkAboutStaff Report Item 3.G 10/7/2013 A got/ a/ ltemv. 3 .Q
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DATE: October7 -2013'
TO: Honorable Ma or and of the City Council Through City Manager
FROM: D.®J. ' ,-F:ASCE=Director, Public Works and Utilities
SUBJECT: Resolution Approving Sole Source Purchase of Ten Stream Level and
Precipitation Gauges'for Installation in the Petaluma Watershed for the Petaluma
River Stream and Precipitation Gauges;Project;Approving the CIP Project
Budget Amendment; and Authorizing,theCity Manager to Execute the
Agreement for Funding of the Project with`the Sonoma County Water Agency.
RECOMMENDATION
It is recommended that the City Council adopt the attached`Resolution Approving Sole Source
Purchase of Ten Stream Level and Precipitation Gauges for.Installation.in the Petaluma
. Watershed for the Petaluma.Rivef'Streain and Precipitation-Gauges Project; Approving the.
• Project.Budget;and Authorizingthe City Manager to Execute'the Agreement for Funding of the
Project with the Sonoma County Water Agency (SCWA).
BACKGROUND
In cooperation With SCWA, and USGS (US Geological Service), the City"tnaintains.and operates
a series of stream level gauges as parfof the regional flood,alett system. These gauges send
water level and precipitation data to theweb based!computers system to allow public safety
managers to monitor in real,time during periods of potential flooding. Several years ago, the
City proposed a project to the SCWA Zone2A Committee for the installation of up to 10
additional stream gauges within the Petaluma Watershed. In,a,previous fiscal year, SCWA
approved•the project for'$81.000 to cover;the:cost.ofpurchasingand;installing four gauges.
Earlier this calendar year, the Zone 2A committeeapproved an additional $77,400 to bring the
funding total to $158,400`to cover both acquisition and installation costs of up to ten'gauges. As
a result of the additional funding, staff recommends amending the subject CIP project entitled,
"Stream and Precipitation Gauges", within-the:Surface Wate`tCIP Proojectsisection of the current
Annual Budget.
The capital projects are authorized and funded through the SCWA Zone 2A Committee and
requires execution of a formal Funding Agreement between the City and SCWA. A copy of the
draft agreement is included as Attachment 3.
The proposed action meets Council Goal: "Plan for and implement priority capital projects as
funding permits-.
Agenda Review:
City Attorney Finance Director _ City Manager
DISCUSSION
The-selected locations for the ten new gauges will provide the mostuseful information for
operating the City's Flood AlertSystem,.maintaining the City's XP-SWMM (Surface Water
Management Model) and assisting=in`the identification and prioritization of capital improvement
projects to.address and reduce therimpacts of localized and regional flooding events. The City,
County, or Sonoma County Water Agency owns the various properties for the proposed gauge
locations, with one exception. The-exception is along the Petaluma,River, south of the
confluence of Capri Creek, next to.the SMART railroad trestle but outside of the SMART right-
of-way. This location will require further investigation.
Petaluma Municipal Code Section 4:04:050 allows that formal purchasing procedures may be
dispensed with when the commodity can be obtained from only one vendor. Staff recommends a
sole source purchase of the gauges because the gaugesshould be of the same manufacturer and
functionality as the existing gauges already in use. As well, keeping with the same make and
model of gauges will simplify and support spare parts'inventory,.consistent maintenance, and
assures compatibility with`exi`sting software and web-based reporting. Staff obtained a quotation
to purchase the ten gaugesfor$55,149:75 from the company who built the City's existing nine
stream gauges. A Request for Bids is:now being prepared to solicit construction services for the
gauge installation at the locations°indicated on Attachment-2:
The project is categorically exempt=from'-CEQA, pursuant to Section 15303, New Construction
of Small Structures, and the appropriate Notice of Exemption.wilibe:filed with the County Clerk
upon approval of the Project.
FINANCIAL IMPACTS
The project does not impact any Cityaccounts since it is 100%:funded by the SCWA through
Zone 2A. City staff will provideinianagement and construction oversight services to complete
the project within existing budgets for'wages and benefits.
The amendment to the CIP project.budget will be included among mid-year budget adjustments
and is summarized below. The revised project budget also includes the increase in funding from
SCWA from $81,000 to $158,400:;
FY 13-14 CIP Budget Existing Budget($1,0001s1 Proposed Budget Amendment(1,000's)
Planning/Environmental 2.0
Land.& Easements.
Design
Legal Services 5.0 2.0
Administration 5.0 5.0
Materials 56.0
Construction Contracts 51:0 80.0
Construction Management 5':0 5:0
Salaries/Benefits 10 0 3.4
Contingency 5.0'
CIP Overheads 5.0
TOTAL 81.0 158.4
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ATTACHMENTS
1. Resolution
2. Location Map
3. Draft.Funding Agreement with Sonoma County WatenAgency+for Funding of the
Petaluma River Streit-1i Gauge Installation Project
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Attachment I
RESOLUTION APPROVING SOLE SOURCE PURCHASE'OF'TEN STREAM LEVEL
AND PRECIPITATION,GAUGES FOR INSTALLATION IN THE
PETALUMA WATERSHED FOR THE PETALUMA RIVER STREAM AND
PRECIPITATIONG'AUGES AMENDMENT PROJECT;
APPROVING.THE`CIP.PROJECTBUDGET; AND'
AUTHORIZING THE CITY:MANAGER TO EXECUTE THE AGREEMENT FOR
FUNDING OF THE'PROJECT WITHTHE'SONOMA.COUNTY WATER AGENCY
WHEREAS,the City of Petaluma operates a°Flood Alert System and maintains stream
flow and rainfall data for the Petaluma Watershed; and
WHEREAS, the City of Petaluma property owners contribute to the Zone 2A funding for
surface water maintenance,and-capital improvements within the Petaluma Watershed; and,
WHEREAS, the City has approved a capital improvement project in the amount of
$81,000 for augment the existing stream flow and precipitation data collection system by the
addition of four additional gauges;+and
WHEREAS, the Zone; 2A Committee has recommended approval of a revised project
and'associated budget to increase the number of new ,gauges from four to ten and increase
funding to $158,400; and
WHEREAS, the City has received a price:proposal from`Hydrolinx for ten stream level
and precipitation gauges fora total price with taxes and delivery (055,149.75; and
WHEREAS, Petaluma Municipal Code Section 4.04.050 allows that formal purchasing
procedures maybe dispensed with when the commodity can be:obtained from only one vendor;
and
WHEREAS; the same .company, Hydro Lynx, that manufactured the existing gauges
should supply the new gauges to assure compatibility of use and interfacing with the existing
computerized communication and reporting system and to allow efficiency in providing spare
parts inventory and.standardized 'maintenance practices; and
WHEREAS;,the project'has?been found to be Categorically Exempt-from the California
Environmental Quality Act (CEQA) pursuant to Section 1 5303,_New'Construction of Small
;Structures, more specifically installation of small new equipment and facilities in small
structures.
NOW; THEREFORE BE IT' RESOLVED, that the City :Council of the City of
Petaluma hereby:
A. Approves the-sole source purchase of ten'stream and precipitation gauges for installation
in the Petaluma Watershed for the Petaluma, River Stream and Precipitation Gauges
Installation Project from Hydrolinx for a total price$55,149.75; and
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B. Approves the project'budget.,,as,'summarized in the,staff memo, with no impact on City
funds; and
C. Authorizes the City Manager to execute an agreement for funding the Project with the
Sonoma County Water Agency substantially in accordance with the agreement entitled
`Draft' Agreement. for Funding of Petaluma, River Stream Gauge Installation Project,'
which draft agreement''isincorporated into this resolution by reference, subject to further
negotiation;and revision as may be recommended by the City Attorney and approved by
the City Manager.
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DRAFT AGREEMENT FOR
FUNDING'-OF`PETALUMARIVER STREAM GAUGE INSTALLATION PROJECT
This,Agreement isLbetween;the Sonoma County Water Agency, a-body-corporate and
politic Of the State of California,("Water Agency"),and.,Ciiy of Petaluma("City").
RECITALS
A. The,Petaluma,kiver Sireain Gauge Installation Project ("Project') consists of installation of
ten gauges to measure and record stream depth:and precipitation,,and appurtenances;Project
• is located in Petaluma River watershed within the city limits of Petaluma, orin•the
unincorporated area.ofSonom&County.
B. City"and Water:Agency have:evaluated the,serious:floodand storm damage, which occurs to
-existing=residentialand coinmercial;structures'•within the;Petaluma.River watershed area in
the City of Petaluma: Water.Agency's Zone 2A Advisory+Committee recommends that the
Project undertaken.and.expedited'to help alleviatethe potential damage to existing
• • residential and commercial structuresfrom flood or storm waters.
C. Estimated Project costs are shown on Attachment B.. Attachment B is an integral part;of this
Agreement.; City is?requesting $158,400,from Water Agency's=Zone 2A fund for the design
and construction-of the Project during the 2013-14 construction season.
-D. City owns or will acquire,landlisiwilling to retain ow'nership-of,any property or easements
'wherein said Project will be`,""constructed and is°willing to'operate and maintain said Project in
perpetuity.
E. Water Agency and City do'mutually,desire to cooperate in thedesign and construction and
financing,of said Project::
. F: City wishes to expedite design and construction of said.Project.
G. City has prepared-all apprr opriateenvironment al,documents;for=the Project under the
California Environmental;Quality Act (CEQA), A Notice:of Exemption Pursuant to Section
15303, Construction of Small Structures ("installation of small new equipment:and facilities
'in small structures")'was filed on
FI.. City hasrcompleted determination:of locations of proposed,stream and precipitation gauges,
,obtained quotation fdr purchase of gauges, and beg un work toward":solicitation of bids for
installation of gauges:
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AGREEMENT.
City and;Water,Agency.agree'as follows:
1. :RECITALS
Ther above recitals'are:triie•and.correct:
2. COORDINATION'
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2:1. City shall coordinate the work with Water Agency's Project Manager Contact
information: •
Water Agency City
Project`Manager: Susan Haydon Contact: Pamela Tuft
404:Aviation Boulevard 202,North McDowell Ave.
Santa Rosa, CA,95403 9019 Petaluma, CA, 94954
Phone: 707-547-1937 Phone: 707-778-4514
Email: Susan HaydonOscwa:ca:gov Email: PTUFT@ci.petaluma.ca:us.
3. CITY'S.RESPONSIBILITIES.
City shall complete4he following,at its cost and expense;• except to the extent of Water
Agency funding provided for in;Sections4 arid'5-below.
General; City, agrees to perform all work;in,accordance with the requirements of
applicable federal„state, and local laws:
3.2. Environmental Documentation: Cityshall.be theLead.Agency.forthe-Project
under the requirements;of the California Environmental Quality Act(CEQA) and
shalliprepare;all;appropriate environmental doetiinents. City shall provide a
copyof the:draft;environmental dectiment to Water Agency.during the public
review processitand a final copy within'30'calendar days of approval of the
'document.
PermitstCity,shaltobtain.any permits,that+may,be necessary from vutilities or
regulatory agencies for construction{of.the Project:
3:4 Right-of-Way: City shall acquire any anihalltadditional land,-or easements'as
necessary,forahe construction•of theProject.
3:5. Design.andiSurveying: City shall design the;Project•includirigalfdesign•
surveying'and construction staking. •
3`6., Insurance Requirements,and-lndemnification,Obligations:
:A. Insurance:;Requirements:
1) City sh all.maintain and;shall.require:all of its contractors, consultants,
and other agents to maintain,.insurance,asRdescribed in Attachment
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A. Evidence of insurance shall belsubmitted as specified`.m
Attachment A.
B. •Ind'emnificatiibn,Obligatiion of City:
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1) City agrees to accept,all responsibility foraoss:ordarnage to any
person or entity, including Water Agency,and to indemnify, hold
harmless, and.release Water Agency, its officers,agents, and
employees,from and against any,actions, claims, damages, liabilities,
disabilities, or;expenses, that may be'asserted.by any person or entity,
including City, that arise out of,:pertain'to, or relate to City's or its
agents',:employees',contractors', subcontractors', or invitees'
performance or obligations'under'this.Agreement. City agrees to
provide a complete defense for any claim or action brought.against
Water Agency based upon a claim=relating:to City's or its agents',
employees', contractors', subcontractors', or invitees' performance or
obligations under this Agreement. City's'obligations under this
Paragraph;,C apply whether or not there is concurrent negligence on
the part of Water Agency but to the extent required by law, excluding
liability:due to conduct of Water Agency. Water Agency shall have
the righttcrselect its legal counsel at City's expense, subject to City's
approval, which shall not be•urireasonably-withheld. This
indemnification obligation is not limited'in anyway by any limitation
on the-amount or type of_damages'or compensation payable to or for
City or its agents, employees, contractors, subcontractors, or invitees
under workers' compensation acts, disability benefits acts, or other
employee benefit acts.
C. Indemnification Obligation of City's Consultants.and Contractors:
1) Consultant/,Contractor agrees to,acceptall responsibility for loss or
damage to any person or entity, including Water Agency, and to
indemnify,hold harmless, and release Water Agency, its officers,
agents,.and employees, from andlagainst any actions, claims,
darnages,;liabilities, disabilities, orlexpenses, that may be asserted by
any person or entity, including Consultant/'Contractor, that arise out
of, pertain to, or relate to Consultant's/Contractor's or its agents',
employees',contractors', subcontractors', or invitees' performance or
obligations under this Agreement. Consultant/Contractor agrees to
provide a,.complete defense.for,any,claiin or action brought against
Water Agency based upon.a.claim relating to
Consultant's/Contractor's or agents', employees', contractors',
subcontractors', or invitees' perforrance or obligations,under this
Agreement. Consultant's/Contractor's:obligations under this
Paragraph C apply whether or not there is concurrent negligence on
the part of Water Agency, but to the extent required by law,
excluding liability due to;conduct'of+Water.Agency. Water Agency
shall have the right to select its legal counsel at
Consultant's/Contractor's expense, subject to
Consultant's/Contractor's approval, which shall not be unreasonably
withheld. This indemnification obligation is not limited in any way
by any limitation on the amount or type of damages or compensation
payable to or for Consultant/Contractoror its agents,employees,
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contractors/subcontractors, or invitees under.workers' compensation
acts, disability,benefits acts, or other employee benefit acts.
D. Documentation: City shall provide evidence of such insurance and
indemnification to Water Agency ina form satisfactory to Water Agency.
3.7. Title:All title;:to all Project facilities constructed pursuant to this Agreement shall
vest with.City.
3:8: Installation, Operation, and Maintenance: City shall complete Project, accept
ownership, and'sshalloperate and maintain Project in perpetuity.
3.9. Records: City shall maintain complete and accurate records of all transactions in
compliance:With gerierallyaccepted accounting principles for enterprise
accounting;as promulgated by the American Institute of Certified Public
Accountants and the Governmental Accounting Standards Board. Such records
shall be available to Water Agency at all reasonable'times for inspection and
analysis.
3.10. Statement of Costs:,Within 60.days of completion of Project, or within 60 days of
decision to not proceed:with the Project,City sh'all submit to Water Agency a
statement of complete accounting of City's Project costs.
341. Invoices:' City shall,invoice Water Agency for costs authorized under this
Agreement. Invoices'submitted to Water Agency by City shall be clearly marked
with"City of Petaluma, Funding of Petaluma-River Stream Gauge Installation
Project, Project/Task,Ne. 7228-B2 and Account No. 673301-7228."
3.12. Report: Prepare.a report that includes the following:
A. Contents:
i. Table of Contents
ii. A detailed description of the work performed, including,date(s) of
installation and activation
iii. A,map of gauge locations
iv. Other information as requested
B. First-Draft: Prepare,tlie report in draft form and submit•to Water Agency
for review and approval within 60 calendar days of completion of the
Project Water Agency will return 1 copy of the draft report to the City
With continent's'br,approval in writing.
C. Subsequent Draft(s): If Water•Agei cy requests revisions; revise the draft
report and resubmit 1 copy of the report for Water Agency.approval.
D. Final report: Submit the final approved report-to Water Agency within 30
calendardays:of Water Agency approval.
4. WATER AGENCY'S RESPONSIBILITIES
44 Initial Payment: Upon-receipt of an invoice, Water Agency will deposit with City
$56,000, which is to finance Project's costs'for purchase of ten stream gauges.
4.2. Subsequent`Payment: Upon selection of a qualified sub-contractor, receipt of an
invoice thereof;_and receipt of evidence of:insurance and indemnification
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required in paragraph-3.6, WaterAgencyvvill deposit with.City$102,400, which
is to finance the!remaining share of Project's"costs.
5. ADDITIONAL REQUIREMENTS
5.1. Excess Costs: If the Project costsexceed,the total amount authorized under this
Agreement, City shall:
A. fund Proj'ect costs in=excess of the,authoriaed arnounts without additional
contribution from Water Agency;or
B. request additional+funding from Water Agency. In such event, City shall
• submit t a revised Project cost estimate Water Agency's General
Manager with a written request, including reasons for cost overruns.
Water Agency is under no obligation to approve such'requests. If Water Agency's
General'Manager determines that the revised costs arereasonable and that
additional funds:are available in WaterAgeneys Zone:2A accounts, Water
Agency may inats discretion; athend this Agreement to increase Water Agency's
contribution to Project pursuant to'paragraph:5.2 below. If Water Agency's
General Manager does not,so determine, City shall proceed pursuant to paragraph
A above.
5.2. Authority toAmend.Agreement: Changes to the Agreement may be authorized
only by written•amendment to this Agreement, signed.byboth parties. Minor
changes; which do not increase the amountpaid under the Agreement, and
which do not significantly change the scope of the agreement or significantly
lengthen time schedules may be executed by the Water Agency's General
Manager in a form approved,by County Counsel.
5.3. Refund of Remaining Eunds: If the Project cost accounting statement submitted
under paragraph 310 ofthis Agreement demonstrates that Project costs are less
than the amounts(paid to City, City Shall refund difference to Water Agency
within 30 calendar daysof'submitting said!statement to Water Agency.
5.4. No Waiver of Breach: The waiver by Water Agency of any breach of any term or
promise contained in this Agreement.shall not be.deemed to be a waiver of such
term or promise,or:any subsequent breach of'thesame or any other term or
promise contained in,this Agreement:
5:5:. Construction:: To the fullest extent allowed.bylaw,the provisions of this
Agreement:shalhbe construed and-given effect-in a manner that avoids any
violation of statute, ordinance, regulation, dr-law. The:parties covenant and
agree that in the event that any provision of this Agreement is held by a court of
competent jurisdiction:to:be invalid, void, or unenforceable,;the remainder of the
provisions hereof shall remain in full force and effect and shall in no be
affected, impaired, or invalidated thereby.
City and Water Agency acknowledge that they have each contributed to the
making of this Agreement and'that, in the event of a dispute over the
interpretation of this Agreement;the language of the Agreement will not be
construed against.oneparty in favor ofthe other. City,and Water Agency
acknowledge that-they have each had an adequate opportunity to consult with
counsel in the negotiation and preparation of this.Agreement.
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56. No Thir d Party Benefciari
esa Nothingontainedinthis Agreement shall be
construed to create and`theparties'do not"intend to create-any rightsin third
parties.
5.7. Applicable-Law andForum: This Agreement shall be'construed and interpreted
according to the;substantive law of California'excluding the law of conflicts.
Any action<taenforce,the`terrns of this Agreement or-for the breach thereof shall
be broughcand tried in the County of Sonoma.
518. Captions: Thercaptions'in'this Agreement,are solely for convenience of reference.
They are not a part of this,Agreement and;shall have no effect on its construction
or interpretation.
5:9. Merger: Thiswriting.is intended both as the final'expression of the Agreement
between the parties hereto With respect to the included terms and as a complete
and exclusive,statementbf the terms of the Agreement; pursuant to Code of Civil
Procedure Section.1856. No modification'of•this,Agreement shall be effective
unless and until'such modification is evidenced by a writing signed by both
parties.
5.10. Time.of Essence: 'Time is and shall be of the essence;of this Agreement and every
provisiOn`.hereof.
5.11. Zone.Liability:! Work-under this Agreement is being performed on behalf of the
residents of Sonoma'County Water Agency's PetalumarZone 2A ("Zone"). City
shall be paid exclu,sively from Zone funds: City agrees that City shall make no
claim for,compensation for City's;services against other funds available to Water
Agency and City expressly waives any,right to be compensated from other funds
available,to Water Agency. In.addition, City.acknowledges that West's
Annotated.California Codes Water Code Appendix Chapter 53-8 provides that
certain judgments or claims against Water Agency based on causes of action
arising from Zone,activities may be made only from funds of that Zone.
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