HomeMy WebLinkAboutStaff Report Item 16 05/03/1993 (2)M°ria n
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AGENDA ITEM #
KEY WORD: Reimbursement
Agreement
Sonoma County
Water Agency
DATE: 5/3/93
DEPARTMENT:
Engineering Department
Thomas S. Hargis, Director of Engineering
REOUESTED COUNCIL ACTION:
Pass resolution authorizing Mayor or City Manager to enter into an
agreement with Sonoma County Water Agency for reimbursement for
Jefferson/Payran Street Storm Drain Improvements to be constructed by
Petaluma Ecumenical Projects Vallejo Street Senior Apartments.
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Approve
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The Petaluma Ecumenical Projects Vallejo Street Senior Apartments is
obligated to construct public improvements across their property frontage
including the installation of storm drains on Vallejo Street and Payran
Street (see attached drawing).
PEP has approached the Sonoma County Water Agency Citizens Advisory
Committee requesting that the Sonoma County Water Agency Zone 2A
participate in the construction cost of those storm drain improvements for a
non-profit housing project.
The PEP storm drain improvements are a portion of the County's proposed
Wilson/Lakeville Street Project, Phase 3.
The Board of Supervisors has accepted the Committee's recommendation
and will support participating in the cost for those improvements up to
$53,000.
This agreement would allow for the transfer of funds between the Sonoma
County Water Agency and the City of Petaluma. The City, by separate
action, will be entering into a storm drain reimbursement agreement with
PEP which is the mechanism for the transfer of funds from the City to PEP.
ALTERNATIVES;
N/A
CONSEOUENCES OF NOT ACTING:
Would delay County participation in PEP project.
ACTION FOLLOWING AUTHORIZATION:
After City Attorney and County Council's concurrence in the form of
agreement, it would be signed by both parties. Reimbursement would be
after construction and acceptance of the storm drain improvements by the
City.
xc: de file
Bonne Gaebler
Dick Lieb
Lieb & Quaresma
#1 Bodega Avenue
Petaluma, CA 94952
Randy Poole
Sonoma County Water Agency
P. O. Box 11628
Santa Rosa, CA 95406
Craig Meltzner
1916 Diamond Court
Santa Rosa, CA 95404
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April 22, 1993
Tom Hargis, City Engineer
City of Petaluma
P.O. Box 61
Petaluma, CA 94953
FILE:CED/PROD/WILSON/LAKEVILLE STREET, PRASE 3;
#2-1132/003/001/002/000-7; TW 92/93-40
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FOR FUNDING OF WILSON/LAREVILLE STREET PROJECTr PHASE 3
Enclosed please find four copies of the subject Agreement. If the
Agreement is satisfactory, please have the appropriate city of
Petaluma representatives sign and return three copies to the
attention of Diane Palmer. One fully executed copy of the
Agreement will be returned to you after it has been signed by the
Agency's representative.
The Agency's County Counsel has reviewed and approved the Agreement
as to form.
Inquiries regarding the project should be directed to Randy Poole.
ROBERT F. BEACH - GENERAL MANAGER
Encs.
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P 0. BOX 11628 - SANTA ROSA, CA 95406 - 2150 W. COLLEGE AVENUE - SANTA ROSA, CA 95401 - (707) 526-5370 - FAX (707) 544-6123
DEP: \U\TECHH\AGRENNTS\NILS LK3.EN0 4/21/93
AGREEMENT
FOR
TW 92/93-40
FUNDING OF WILSON/LAREVILLE STREET PROJECTo PHASE 3
The City of Petaluma, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and the Sonoma
County Water Agency, a body corporate and politic, hereinafter
referred to as "AGENCY," do enter into the following Agreement:
WHEREAS, AGENCY anticipated and budgeted for future Petaluma
Basin Zone 2A construction of the Wilson/Lakeville Street Project,
Phase 3, as shown in Exhibit A, which is approximately 1,357 feet
of underground storm drain in Jefferson, Vallejo, and Payran
Streets in the city of Petaluma, and includes manholes, inlets, and
appurtenances, and is hereinafter referred to as "Project"; and
WHEREAS, the Project is scheduled for construction in the
summer of 1993; and
WHEREAS, CITY wishes to expedite construction of said Project;
and
WHEREAS, CITY owns and is willing to retain ownership of land
wherein such Project will be constructed and is willing to operate
and maintain said Project in perpetuity; and
WHEREAS, AGENCY and CITY do mutually desire to cooperate in
the construction and financing of said Project;
NOW, THEREFORE, it is agreed as follows:
SECTION I
For and in consideration of the covenants and conditions to be
kept and performed by AGENCY as set forth in this Agreement, CITY
agrees:
1. CITY shall be the lead agency for the Project under the
requirements of the California Environmental Quality Act
(CEQA).
Nilson/Lakeville Phase 3 Rrding
2-1132/003/001/002/000-7 1
2. CITY shall obtain any permits that may be necessary from
utilities or regulatory agencies for construction of the
Project.
3. CITY shall submit one set of the final Project plans and
specifications to AGENCY, for AGENCY's review and
approval.
4. CITY shall acquire any and all additional land or
easements as necessary for the construction of the
Project.
5. CITY shall be responsible for the design, construction,
and inspection of the Project and shall ensure that
construction is consistent with AGENCY -approved plans and
specifications.
6. All title to all Project facilities constructed pursuant
to this Agreement shall vest with the CITY.
7. CITY shall own, operate, and maintain said Project in
perpetuity;
8. CITY shall return all funds to AGENCY should CITY not
award the contract for the Project by June 30, 1994, and
complete construction in accordance therewith.
9. CITY shall require any contractor hired to construct the
Project to insure and indemnify AGENCY to the same extent
it requires the contractor to insure and indemnify CITY.
10. CITY shall defend, indemnify and hold AGENCY harmless
from any actions, claims, damages or expenses arising out
of or in connection with this Agreement or with
construction, maintenance and operation of said Project.
SECTION II
For and in consideration of the covenants and conditions to be
kept and performed by CITY, as set forth in this Agreement, AGENCY
agrees:
1. AGENCY shall deposit with CITY, promptly upon receipt of
billing thereof, the amount of 553.000.00, which figure
represents AGENCY's entire share of financing said
Project pursuant to this Agreement.
Wilson/Lakevitle Phase 3 Funding
2-1132/003/001/002/000-7 2
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officers, duly
authorized:
REVIEWED AS TO SUBSTANCE
BY AGENCY:
Department Head
REVIEWED AS TO FORM
BY COUNTY COUNSEL:
County Counsel
APPROVED:
CITY OF PETALUbW
Mayor
City Engineer
City Attorney
Date
ATTEST:
City Clerk
APPROVED:
SONOMA COUNTY WATER AGENCY
Chair of the Board
Date
ATTEST:
County Clerk, and ex -officio
Clerk of the Board of Directors
Wilson/Lakeville Phase 3 Funding
2-1132/003/001/002/000-7 3
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NOTE THIS DIAGRAM IS SCHEMATIC ONLY
AND NOT TO BE USED FOR CONSTRUCTION
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LEGEND
PROPOSED EXISTING DESCRIPTI01
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Resolution No. N.C.S.
1 of the City of Petaluma, California
2
3
4
5
6 RESOLUTION TO AUTHORIZE THE MAYOR OR CITY
7 MANAGER
8 TO SIGN AN AGREEMENT WITH SONOMA COUNTY WATER
9 AGENCY FOR REIMBURSEMENT FOR
10 JEFFERSON/PAYRAN STORM DRAIN IMPROVEMENTS
11 TO BE CONSTRUCTED BY PETALUMA ECUMENICAL
12 PROJECTS
13 VALLEJO STREET SENIOR APARTMENTS
14
15 WHEREAS, City passed Resolution stating its intent to enter into a
16 storm drain payback agreement with Petaluma Ecumenical Projects Vallejo
17 Street Senior Apartments; and,
18
19 WHEREAS, the Sonoma County Water Agency anticipated and budgeted
20 for the Wilson/Lakeville Street Project Phase 3; and,
21
22 WHEREAS, the Jefferson/Payran Street storm drain improvements are a
23 portion of said Wilson/Lakeville Street Project, Phase 3; and,
24
25 WHEREAS, the Sonoma County Water Agency is willing to reimburse the
26 City of Petaluma for the Jefferson/Payran Storm Drain Improvements to be
27 constructed by Petaluma Ecumenical Projects Vallejo Street Senior
28 Apartments from proposed 1992-93 budget funds; and,
29
30 WHEREAS, Petaluma Ecumenical Projects will cause construction of
31 those improvements and City will inspect installation of the underground
32 concrete pipe and appurtenances to assure compliance with approved plans,
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2 NOW, THEREFORE BE IS RESOLVED, that the Major or City Manager
3 is authorized to enter into an agreement for reimbursement from the
4 Sonoma County Water Agency for the aforesaid construction.
5
6 rascwa/a/slh
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 Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form
onthe .......................... day of ...................... - ....... ..... ....................... 19......... by the
following vote: . . ....................... .
City Attorney
AYES:
NOES:
ABSENT:
ATTEST: ........................
City Clerk
('d 10 83
Co mcU File..._.__ ..... _......... _
Res. No . ..NCS.
Mayor