The URL can be used to link to this page

Home My WebLink AboutResolution 2010-054 N.C.S. 04/19/2010Resolution No. 2010-054 N.C.S. of the City of Petaluma, California Ai1'I'HORIZING 'I'~IE C'ITY MANAGER TO EXECUTE AIVIENI)1VI~NT NO. 1'I'O TI3E COOPERATIVE AGREEMENT BETWEEN T~IE SONOMA COUNTY TI2ANSPORTATION AiJ'I'HORITY (SCTA) AND 'I'~IE CI'TY OF PETALUMA FOR THE EAST WASI-~INGTON IN'TERC~IANGE PItOJECT RDA100280 S~GIVI~NT C-1 COMPONENT OF THE MARIN SONOMA NARROWS SEGMENT C(MSN-C) PROJ~CT WHEREAS, at its meeting of December 29, 2005, the Petaluma Community Development Commission authorized allocation of $4M from PCDC account undesignated fund balance to the East Washington Interchange~ component (Project RDA 100280) of the MSN-C Project for right-of-way acquisition and construction of the ramp improvements to the East Washington Interchange component of the MSN-C Project; and, W~IER~AS, on January 26, 2009, the Petaluma Community Development Commission adopted the findings, made in accordance with California Health and Safety Code Section 33445, for expenditure of these tax increment funds to pursue right-of-way acquisition, construction of the East Washington Interchange component, and full design of the MSN-C Project; and, WHEREAS, the City Council consented to the expenditure of said funds to undertake these Public Improvements; and, W~IEREAS, in order to proceed, the City of Petaluma and the Sonoma County Transportation Authority entered into a cooperative funding agreement, dated October 26, 2009, for contribution of construction funding. WHEREAS, the constraining features and the requirement to relocate existing PG&E facilities out of the new Caltrans right-of-way will increase the cost of utility engineering and utility facilities relocation. Additional easements will also need to be acquired. The increased cost of utility relocation has increased the estimates for right-of-way support and right-of-way capital. Resolution No. 2010-054 N.C.S. Page 1 NOW 'THEREFORE, BE I'T RESOLVED, that the Petaluma City Council authorizes the City Manager to execute Amendment No. 1 to the Cooperative Agreement between the City of Petaluma and Sonoma County Transportation Authority, attached to this resolution as Exhibit A and incorporated herein by reference. 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 Council of the City of Petaluma at a Regular meeting on the 19`h day of April, 2010, by the Pollowing vote: AYES: I3arrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ~ ABSENT: None ABSTAIN: None ~,..e.~ --..~-... .._ ~ ATTEST: City Clerk M or 35 IO ttorney N ~ ~~ ~ ,: ~ ~ ~' '; Resolution No. 2010-054 N,C.S. Page 2 EXo-91~IT A'~O 9tESOLIJTEOId Agreement Number SCTA10008-AI AMENDMENT NUMBER 1 TO COOP~RATIVE FUNDTNG AGREEM~NT 6ETWE~N THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND CITY OF PETALUMA This Agreement is tnade and entered into as of , 2010 ("~ffective Date") by and between the City of Netaluma hereinafter referred to as "CITY" and the SONOMA COUNTY TRAiVSPORTATION AUTHORITY hereinafter referred to as "AUTHOWTY." RECITALS l. AUTfIORITY and C1TY entered inta a Cooperative Punding Agreement SCTA] 0008 to define a franiework to enable the two parties to work caoperatively in developing transportation improvements on tl~e Highway l Ol / East Washiiigton Interchange in Sonoma County. 2. The Cooperative Funding A~~reement included a Project Plan consisting of a fnancial plan, a schedule, and roles and responsibilities for campletion of the Project. 3. AUTfIORITY and C1TY desire to modiFy the Project Plan to update schedules and budgets to cun•ent estimates, redistribute funding responsibilities, and re-define roles and responsibilities. IT IS THEREFORE MUTUALLY AGRE~D: 1. Exhibit B, Project Pinancial 1'lan, of Agreement SCTA ] 0008 is l~ereby replaced in its entirety wiU~ Amendment 1 to Lxhibit B, Project Financial Plan. 2. Exhibit C, Project Sdiedule, of Agreement SCTA l 000R is hereby replaced in its entirety with Amendment l to Exhibit C, Project Schedule. 3. Exhibit D, Responsibilities of [he Parties, of Abreement SGTA10008 is hereby replaced in its entirety with Amendment I to Lxllibit D, Responsibilities of the Parties. 4. Articles 4, 5, and 6 of Agreement SCTA10008 are hereby completelydeleted. 5. The total estimated Right of Way capital cost, excluding environmental mitigation, is $2,700,000. 6. SCTA agrees to provide up [o $770,D00 (28.5%) in Measure M funds for Right ~f Way Capital, e;cduding environmental mitigation: Page 1 of 5 Resolution No. 2010-054 N.C.S. Page 3 Agreement Number SCTA1 ~008-A] 7. City agrees to provide up to $1,930,000 (71.5%) in City funds tor Right of Way Capital, excluding environmental mitigation. 8. Ciry agrees to be implementinb agency for Right of Way Capital, excluding environmental mitigation, and to invoice SCTA for their pro-raca share of the actual cost. 9. SCTA agrees to promptly provide payment of all Right of Way Capital invoices, within 30-days of receipt of each invoice. 10. T1ie other terms and conditions of the original Agreement (SCTA Agreement SCTA090008) shall remain in full Force and effect. IN WITNESS WHEREOF, tl~e parties have executed this Amendment ta Agreement as of the Effective Date. C]TY OF PETALUMA SONOMA COUNTY TRANSPOR"I'ATION AUTHORITY F3y: City Manager ATTEST: By: City Clerlc APPROVED AS TO LEGAL FORM FOR CITY: By: City Attorney APPROVED By: _ Department Director By: Risl: Manager By: Finance Director By: SCTA Chair APPROVED AS TO SUBSTANCE: By: Executive Director By: Legal Counsel Authority Page 2 of 5 Resolution No. 2010-054 N.C.S. Page 4 Agreement Number SCTA 10008-A 1 ANIENDMENT NUMBER 1 TO COOP~RATIV~ TUNDING AGREEMENT BETWEEN THE SONOIVLA COUNTY TRANSNORTATION AUTHORITY AND CITY OP' PETAI,,UMfA ANIENDMENT l TO EXNIBI7' B PRO.TECT FIIVANCIAL PLAN Funding Plan bv Fund So~u~ce and Development Phase (Funds in Thousandsl FUND PS&E ROW ROW CON CON TOTAL SOURCE SUP CAP SUP CAP CITY $1,700 $ ]50 $1,930 $ 220 $ 0 $4,0~0 Measure M $ 0 $ 100 $I,270 $ 250 $ 1,230 $2,850 (101) Federal $ 0 $ 0 $ 0 ~ 70U $ 12,800 $13,500 SAFETEA-LU Federal $ 0 $ 0 $ 0 $1,000 $ 0 ~ 1,000 a ro riation TOTAL ~1,700 ~250 ~3,200 $2,170 ~14,030 ~21,350 Notes: Measure M funding for ROW CAP of $500,000 is for off=site Environmental Mitigatioa SCTA is implementing abency for oFf-site Environmental Mitigation. Measure M funding for ROW SUP of $] OU,000 is far final right-of-way engineering. SCTA t~ enter into cooperative agreement ~vith Caltrans for Fna] right-of-way engineering. City funding for CON 5UP of $220,000 is for design seivices during construction. City is implementing agency for design serviees during construction. Amendment ] [o Exhibit [3 Page 3 of ~ Resolution No. 2010-054 N.C.S. Page 5 Agreement Number SCTA l 0008-A 1 AM~NDMENT NUMB~R 1 'TO COOPERATIVE FUNDING AGRE~MENT I3~TW~EN THG SONOMA COUNTY TKANSPORTATION AUTHORITY AND CITY OF P~TALUMA AM~NDMENT 1 TO EXHIBIT C PR~JEC7'SCHEDUL~ Pro'ect Develo ment Phase Be in End Environmentai PAED Com lete Com tete Desi n PS&E Feb 2009 Oct 2010 Ri ht of Wa Ac uisition ROW A r 2009 Nov 2010 Advertise, Award, A rove AAA Oct 2010 A r 2011 Construction CON Ma 2011 A r 2012 Amendment I [o Exhibit C Page 4 of 5 Resolution No. 2010-054 N.C.S. Page 6 Agreement Number SCTA10008-AI AM~NDMENT NUMBLR 1 TO COOP~RATIVE FUNDING AGR~GMENT BETWEEN TH~ SONOMA COUNTY TRANSPORTATION AUTHORITY AND CITY OF PETALUMA AMENDM~NT 1 TO ~XHIBIT D R~SPONSIBILITIES OF THE PARTIES 7'able C-1: Additional Cooperative A re~ ements between Parties by Development Phase ' Coo erative A reement roject Activity 1 Caltrans Authority Ci Environmental PAED) X X llesign (PS&E) X X Right of Wa Engineering and Su ort X X Ki !~t of Way Ca ital X X Advertise, Award, A rove (AAA) X X Construction Sup ort X X Construction Ca ital & Final ROW Engineering X X Table C-2: Res,ponsibie Implementin~A~,enc~y Development Phase i i Im l ementin A enc v Project Act ty Cnltrans Authori Cit Envirorunental (PAED) X Design (P5&E) X Right of Way Engineering and Support, excluding Pinal Ri ht oF Wa En 'neerina X Pinal Ri ht of Wa En ineering (CT Activi 300) X Right of Way Ca ital (Utilities and Ac uisition) X Right of Way Capital (Off Site Enviromnenta] Miti ~ation) X Advertise, Awazd, A rove (AAA) X Constn~ctian Su ort X Construction Su ort (Desi n Services) X Construction Ca ital X Amendment I to Exliibit D Page 5 of 5 Resolution No. 2010-054 N.C.S. Page 7