HomeMy WebLinkAboutResolution 2010-054 N.C.S. 04/19/2010Resolution No. 2010-054 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT
BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA)
AND THE CITY OF PETALUMA FOR THE
EAST WASHINGTON INTERCHANGE PROJECT RDA100280
SEGMENT C-1 COMPONENT OF THE
MARIN SONOMA NARROWS SEGMENT C (MSN-C) PROJECT
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,
WHEREAS, 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,
WHEREAS, 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 TT 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 I9`h day of April, 2010,
by the following vote:
AYES: Barrett, Vice Mayor Glass, Harris, Healy, Rabbitt, Renee, Mayor Torhatt
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
aAe6���
City Clerk M
as to
ttorney
Resolution No. 2010-054 N.C.S. Page 2
EXHIBIT A TO
RESOLUTION
Agreement Number SCTA 10008-AI
AMENDMENT NUMBER I TO
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
This Agreement is made and entered into as of 12010
("Effective Date") by and between the City of Petaluma hereinafter referred to as "CITY"
and the SONOMA COUNTY TRANSPORTATION AUTHORITY hereinafter referred to
as "AUTHORITY."
RECITALS
1. AUTHORITY and CITY entered into a Cooperative Funding Agreement
SCTA10008 to define a framework to enable the two parties to work cooperatively in
developing transportation improvements on the Highway 101 / East Washington hiterchange
in Sonoma County,
2. The Cooperative Funding Agreement included a Project Plan consisting of a
financial plan, a schedule, and roles and responsibilities for completion of the Project.
3. AUTHORITY and CITY desire to modify the Project Plan to update schedules
and budgets to current estimates, redistribute funding responsibilities, and re -define roles and
responsibilities.
IT IS THEREFORE MUTUALLY AGREED:
1. Exhibit B, Project Financial Plan, of Agreement. SCTA 10008 is hereby replaced in
its entirety with Amendment 1 to Exhibit B, Project Financial Plan.
2. Exhibit C, Project Schedule, of Agreement SCTA 10008 is hereby replaced in its
entirety with Amendment l to Exhibit C, Project Schedule.
3. Exhibit D, Responsibilities of the Parties, of Agreement SCTA10008 is hereby
replaced in its entirety with Amendment I to Exhibit D, Responsibilities of the Parties.
4. Articles 4, 5, and 6 of Agreement SCTA 10008 are hereby completely deleted.
5. The total estimated Right of Way capital cost, excluding environmental mitigation,
is $2,700,000.
6. SCTA agrees to provide up to $770,000 (28.5%) in Measure M funds for Right of
Way Capital, excluding environmental mitigation.
Page 1 of 5
Resolution No. 2010-054 N.C.S. Page 3
Agreement Number SCTA10008-AI
7. City agrees to provide up to $1,930,000 (71.5%) in City funds for Right of Way
Capital, excluding environmental mitigation.
8. City agrees to be implementing agency for Right of Way Capital, excluding
environmental mitigation, and to invoice SCTA for their pro-rata 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. The other terms and conditions of the original Agreement (SCTA Agreement
SCTA090008) shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement
as of the Effective Date.
CITY OF PETALUMA SONOMA COUNTY
TRANSPORTATION AUTHORITY
By:
City Manager
ATTEST:
By:
City Cleric
APPROVED AS TO LEGAL FORM
FOR CITY:
By:
City Attorney
APPROVED
By: _
Department Director
By:
Risk Manager
By:
Finance Director
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
AMENDMENT NUMBER 1 TO
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
AMENDMENT l TO EXHIBIT B
PROJECT FINANCIAL PLAN
Funding Plan by Fund Source and Development Phase (Funds in Thousands)
FUND
PS&E
ROW
ROW
CON
CON
TOTAL
SOURCE
SUP
CAP
SUP
CAP
CITY
$1,700
$ 150
$1,930
$ 220
$ 0
$4,000
Measure M
$ 0
$ 100
$1,270
$ 250
$ 1,230
$2,950
(101)
Federal
$ 0
$ 0
$ 0
$ 700
$ 12,800
$13,500
SAFETEA-LU
Federal
$ 0
$ 0
$ 0
$1,000
$ 0
$ 1,000
appropriation
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
Mitigation. SCTA is implementing agency for off -site Environmental Mitigation.
Measure M funding for ROW SUP of $100,000 is for final right-of-way engineering.
SCTA to enter into cooperative agreement with Caltrans for final right-of-way engineering.
City funding for CON SUP of $220,000 is for design services during construction. City is
implementing agency for design services during construction.
Amendment ] to Exhibit a
Page 3 of 5
Resolution No. 2010-054 N.C.S. Page 5
Agreement Number SCTA 10008-A 1
AMENDMENT NUMBER 1 TO
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
AMENDMENT 1 TO EXHIBIT C
PROJECTSCHEDULE
Project Development Phase
Begin
End
Environmental PAED
Complete
Complete
Design PS&E
Feb 2009
Oct 2010
Right of Way Acquisition ROW
A r 2009
Nov 2010
Advertise, Award, Approve AAA
Oct 2010
A r 2011
Construction CON
May 2011
A r 2012
Amendment I to Exhibit C
Page 4 of 5
Resolution No. 2010-054 N.C.S. Page 6
Agreement Number SCTA10008-Al
AMENDMENT NUMBER 1 TO
COOPERATIVE FUNDING AGREEMENT
BETWEEN
THE SONOMA COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF PETALUMA
AMENDMENT I TO EXHIBIT D
RESPONSIBILITIES OF THE PARTIES
Table C-1: Additional Cooperative Agreements between Parties by Development Phase
Project Activity
Cooperative A regiment
Caltrans
Authority
city
Environmental PAED)
X
X
Design (PS&E)
X
X
Right of Way Engineering and Support
X
X
Right of Way Capital
X
X
Advertise, Award, Approve (AAA)
X
X
Construction Support
X
X
Construction Capital & Final ROW Engineering
X
X
Table C-2: Responsible Implementing Agency y Development Phase
Project Activity
Imp
ementing Agency
Caltrans
Authority
city
Environmental (PAED)
X
Design (PS&E)
X
Right of Way Engineering and Support, excluding
Final Right of Way Engineering
X
.Final Right of Way Engineering (CT Activity 300)
X
Right of Way Capital (Utilities and Acquisition)
X
Right of Way Capital (Off Site Envirornmental
Mitigation)
X
Advertise, Award, Approve (AAA)
X
Construction Support
X
Construction Sup ort (Design Services)
X
Construction Capital +-X
Amendment I to Exhibit D
Page 5 of 5
Resolution No. 2010-054 N.C.S. Page 7