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HomeMy WebLinkAboutStaff Report Item 14 06/05/2000CITY OF PETALUMA, CALIFORNIA AGENDA BILL Aeenda Title: Resolution Declaring the Existence of a Temporary Summer -time Impairment of Water Supply and Requesting Customers to Voluntarily Reduce Water Consumption, with a City- wide Goal of up to 15% Reduction Department: Water Director: Contact Person: Resources &\argls Tom Hargis/ Conservation P9 Steve Simmons Cost of Proposal: N/A Amount Budeeted: N/A Attachments to Agenda Packet Item: Meetine Date: 6/5/0 Phone Number: 778-4304 Account Number: N/A Name of Fund: N/A 1. Resolution Declaring the Existence of a Temporary Summer -time Impairment of Water Supply and Requesting Customers to Voluntarily Reduce Water Consumption with a City-wide Goal of 15% Reduction 2. City of Petaluma Water Shortage Contingency Plan 3. Assembly Bill No. 797 4. Municipal Code, Chapter 15.12.070, Page 1523, Water and Sewage 5. Sonoma County Water Agency (SCWA) Press Release of 11/5/99 Summary Statement: On December 7, 1999, the Board of the Sonoma County Water Agency (SCWA) declared that a temporary impairment of the SCWA transmission system exists during the months of June, July, August and September. The SCWA Board action requested that all water contractors implement a voluntary program of water use reduction, consistent with Stage One of their Water Shortage Contingency Plans, for the summer months to reduce peal: water demand. Council Prioritv: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18, 2000. Priority(s): 43, Complete Wastewater Facility Plan process. Water conservation supply issues. Recommended Citv Council Action/Suggested Motion: It is management's recommendation that the Council of the City of Petaluma, by resolution, declare the existence of a temporary summer -time impairment of the water supply brought on by Sonoma County Water Agency's transmission system limitations, and request water customers to voluntarily reduce consumption this summer. with a city-wide goal of up to a 15% reduction. Reviewed by Finance Director: Date: Todav's Date: 5/9/00 Reviewedl3v 'tv Attornev: ae Revision # and Date Revised: Approved by City Manaeer ^r) Date: File kNde: S/WR&C/AGENDA/YEAR 2000/TEMP WATER SUPPLY IMPAIRMENT/SB CITY OF PETALUMA, CALIFORNIA JUNE 5, 2000 AGENDA REPORT FOR RESOLUTION DECLARING THE EXISTENCE OF A TEMPORARY SUMMER -TIME IMPAIRMENT OF WATER SUPPLY AND REQUESTING CUSTOMERS TO VOLUNTARILY REDUCE WATER CONSUMPTION, WITH A CITY-WIDE GOAL OF UP TO 15% REDUCTION EXECUTIVE SUNINIARY: On December 7, 1999, the Board of the Sonoma County Water Agency (SCWA) declared that a temporary impairment of the SCWA transmission system exists during the months of June, July, August and September. The SCWA Board action requested that all water contractors implement a voluntary program of water use reduction, consistent with Stage One of their Water Shortage Contingency Plans, for the summer months to reduce peak water demand. 2. BACKGROUND: Demand on the SCWA water transmission system has been increasing according to anticipated increase in demand, about 2 million gallons per day (mgd) annually. SCWA's plan to build additional capacity to withdraw water from the Russian River has been delayed by litigation and requirements of the Endangered Species Act to fully study the impact of the project. Though the water supply is in storage in Lake Sonoma, the ability to withdraw it from the Russian River and move it to the points of use is not adequate at this time for high use months. During the summer of 1999, peak demand on the SCWA system reached 81 mgd that is very close to their reliable demand of 84 mgd. In November of 1999, the State Department of Health Services requested that SCWA formally declare that the reliable water production capacity of their water transmission system is limited, and that SCWA ask all water contractors to implement water conservation measures to assure reliable supply of water for essential uses during peak demand months. On December 7, 1999, the SCWA Board declared a state of impairment on the water transmission system, and adopted several measures to assure continued water supply throughout the summer, including the request that water contractors adopt conservation measures targeting peak water use. Petaluma's Water Shortage Contingency Plan at the Stage One level prescribes a voluntary effort, emphasizing increased efficiency and elimination of water waste, with a service -area wide goal of up to a 15% reduction. Because SCWA's need is for reduction in peal: use only, water contractors' efforts are targeting landscape irrigation that is responsible for the majority of summer water use. ALTERNATIVES: Do not declare a temporary water supply impairment. 4. FINANCIAL IMPACTS: Some decrease in water sales revenue. 5. CONCLUSION: On December 7, 1999, the Board of the Sonoma County Water Agency (SCWA) declared that a temporary impairment of the SCWA transmission system exists during the months of June, July, August and September. The SCWA Board action requested that all water contractors implement a voluntary program of water use reduction, consistent with Stage One of their Water Shortage Contingency Plans, for the summer months to reduce peak water demand. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: Analysis of water consumption date after the summer months to compare with goal of up to 15% voluntary reduction. RECOMMENDATION: It is management's recommendation that the Council of the City of Petaluma, by resolution, declare the existence of a temporary summer -time impairment of the water supply brought on by Sonoma County Water Agency's transmission system limitations, and request water customers to voluntarily reduce consumption this summer, with a city-wide goal of up to a 15% reduction. RESOLUTION DECLARING THE EXISTENCE OF A TEMPORARY SUMMER -TIME IMPAIRMENT OF WATER SUPPLY AND REQUESTING CUSTOMERS TO VOLUNTARILY REDUCE WATER CONSUMPTION WITH A CITY-WIDE GOAL OF 15% REDUCTION Cr c CPTY OF PETALUMA WATER SHORTAGE CONTINGENCY PLAN SEPTEMBER 1996 Predicted Water Demand Highest historic total annual water demand 1995 calendar year - 3,100,826,000 gallons divided by 49,657 persons divided by 365 days/year = 171 gpcpd. Projected highest water demand (increase based on a growth of 1,200 persons per year X 171 gpcpd water demand X 365 days/year = 74,898,000 gallons/year). Year Demand 1996 3,175,724,000 1997 3,250,622,000 1998 3,325,520,000 Estimated Worst Case Water SuDDly 1996 through 1998 Aqueduct: 17 million gallons per day 6,205,000,000 million gallons per year Wells: 5.8 million gallons per day 2,117,000,000 million gallons per year DS/sb/wtrdmnd/water/a: 9/24/96 6-29 Stages of Action Stage 1 Volun - achieve a 15% reduction in water use by implementation of the following: a. Encourage voluntary rationing b. Pursue vigorous enforcement of water wasting regulations C. Request customers to make conscience efforts to conserve water d. Request other governmental agencies to demonstrate leadership and implement restrictive water use programs e. Distribute water saving kits f. Enact regulations requiring water saving devices for new construction g. Encourage private sector to use alternate water sources such as reclaimed wastewater h. Encourage washing cars out of buckets L Encourage night time irrigation j. Request restaurants to serve water only upon request Stage 2 Mandatory - achieve a 30% reduction in water use by implementation of all appropriate Stage 1 actions, plus the following: a. Enact by Council Resolution Chapter 15.18 "Water Shortage Emergency Regulations" of the Petaluma Municipal Code b. Outside irrigation to be by hand held hose only (exceptions only for drip irrigation systems) C. No new or expanded water service facilities except as provided by Chapter 15.18 d. Require restaurants to serve water only upon request e. Meet with industrial users or other large users of water on a case by case basis and seek to achieve a 30% reduction in their water use. L Defer installation of landscaping for all development g. Prohibit draining and filling swimming pools except for make-up water h. Require construction industry to use alternate water sources such as treated wastewater for construction purposes i. Prohibit use of five hydrants for other than fire fighting purposes Stage 3 Mandatory - achieve 50% reduction in water use by implementation of all appropriate Stage 1 and Stage 2 actions, plus the following: a. Eliminate all outside irrigation b. Implement additional cuts in commercial, industrial and residential water use as necessary to maintain minimum needs for domestic sanitation and fire protection C. Establish a water connection moratorium for all new building permits Specific Trioeers Stage 1 Trigger: When the Sonoma County Water Agency adopts a Stage 1 Water Emergency Stage 2 Trigger: When the Sonoma County Water Agency adopts a Stage 2 Water Emergency Stage 3 Trigger: When the Sonoma County Water Agency adopts a Stage 3 Water Emergency Consumption Limits Stage 1: (15% Reduction) Residential: 145 gallons per day Commercial and 15 % reduction in water use from prior year Industrial: (exceptions may be granted in order to preserve jobs) Stage 2: (30% Reduction) Residential: 120 gallons per day Commercial and 30% reduction in water use from prior year Industrial: (exceptions may be granted in order to preserve jobs) 6-31 Stage 3: (50% Reduction) Residential: 86 gallons per person per day Commercial and 50% reduction in water use from prior year Industrial: (exceptions may be granted to preserve jobs) Plan Preparation This plan has been coordinated with the Sonoma County Water Agency and the other prime contractors which utilize the Sonoma County Water Agency Aqueduct System. This plan has been coordinated with the City of Petaluma Public Safety Department, the Sonoma County Disaster Planning Department, and the State and Federal Emergency Services Offices. Adoption of Plan This plan will be enacted after public hearing under Chapter 15.18 of the City of Petaluma Municipal Code (see attached) with plan implementation becoming effective upon adoption of a Water Emergency Resolution. Monitorine of Actual Water Use Monitoring of water use will be by meters. Mandatory Prohibitions Wasting of water is prohibited under Chapter 15.18 of the City of Petaluma's Municipal Code. Revenue and Expenditure Analvsis Assessment of potential revenue losses will be made as each stage is implemented and rate adjustments thereafter will, be made in a timely manner to guarantee continued operation of the water system with reduced water sales. DS/sb/wtrdemnd/water/a: 9/24/96 6-32 NatCy_y0 ii1 6WU WATER SHORTAGE EMERGENCY REGULATIONS 15.18.010 Purpose of provisions. The city council has, by Resolution No. 7558 NCS, dated February 7, 1977, found and determined that the ordinary demands and requirements for water consumers of the city cannot be satisfied without depleting the water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection and declared a water shortage emergency. This chapter is intended to prohibit any additional demands on the existing mater supply, to prohibit all nonessential uses as defined herein, and to allocate, consistent with the city's ability to administer and enforce, the available water supply during the water shortage emergency to the end that sufficient water will be and remain available for human consumption, sanitation, and fire protection. (Ord. 1233 NCS 41, 1977: Ord. 1211 NCS 41, 1976.) 15.18.020 Definitions. For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section. The word "shall" is always mandatory and never directory. A. "City" means the city of Petaluma. B. "Customer" means the person using water supplied by the city. C. "Director" means the director of water utility, operations of the city, or his designated representative. D. "Department" means the water department of the city. E. "Hand -watering" means water supplied to a customer or person which is used for exterior water use only.and is being conveyed through a hose connected to the customer's or person's interior piping system while such hose is hand-held. 1 6-33 F. "Irrigate" means to water land or landscaping of any kind, whether by channels, by flooding, by sprinkling, or any other means whatsoever. G. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. H. "Wastewater" means effluent from the city water pollution control plant which has been treated to secondary treatment standards as defined by the Regional Water Quality Control Board I. "Water" means all water, except wastewater, supplied by the city unless expressly provided otherwise or required by the context. (Ord. 1246 NCS 41, 1977: Ord. 1233 NCS .2, 1977: Ord. 1211 NCS ®2, 1976.) 15.18.030 Prohibition on new water service facilities. No new additional, further expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any kind shall be made, allowed, approved, installed, or accepted by the city after February 14, 1977, except as expressly provided in this chapter. (Ord. 1233 NCS ®3, 1977: Ord. 1211 NCS ®3, 1976.) 15.18.040 Prohibition of nonessential water use. It is unlawful for any person to use water for any nonessential use as defined in Sections 15.18.040 and 15.18.050. (Ord. 1233 NCS 44, 1977: Ord. 1211 NCS 44, 1976.) 15.18.050 Nonessential uses defined. On and after March 1, 1977, the following uses of water are nonessential: A. Use of water from public or .private hydrants for any purpose other than fire fighting or such other uses as the director may approve; -2 6-34 15.12.210 PETALUMA MUNICIPAL CODE B. Use of water through any meter when the consumer has been given notice by the director to repair one or more leaks and has failed to complete such repairs within five days of such notice; C. Use of water by a carwash in excess of seventy percent of the prior water use for the period November 1, 1976, to February 14, 1977, as determined by the department from its records. Where no such records exist, prior water use shall be deemed to be the average water use of similar existing services for such period as shall be determined by the department from its records, except where the director has determined pursuant to this chapter that any such use is nonessential and written notice of such determination has been provided; D. Use of water by a golf course to irrigate any portion of its grounds except those areas designated as tees and greens; except where the director has determined that any such use is nonessential and written notice of such determination has been provided; E. Use of water to irrigate grass, lawns, ground cover, shrubbery, vegetable gardens, trees, or other outdoor vegetation, except: 1. Hand -watering and other irrigation in reasonable amounts on odd -numbered dates east of U.S. Highway 101, and on even -numbered dates west of said freeway, and throughout the city on the thirty-first of any month; 2. Nothing in subsection 1 above shall be deemed to supersede or render invalid any other section or subsection of this chapter; F. Use of water for the construction of any structure, including such use in dust control, except for construction pursuant to a building permit issued on or before February 14, 1977. In no event shall water be used for dust control; G. Use of water to wash any sidewalk, walkway, driveway, street, parking lot, tennis court, or other hard -surfaced area by hand -watering or by other direct use of water from faucets or other outlets; H. Use of water to wash any motor vehicle, trailer, airplane, or boat by hand -watering or otherwise using water directly from a faucet or other outlet; 3 6-35 15.12.210 PETALUMA MUNICIPAL CODE I. Use of water to fill or refill any swimming pool, except make-up water. (Ord. 1258 NCS 41, 1977: Ord. 1256 NCS 41, 1977: Ord. 1246 NCS 42, 1977: Ord. 1245 NCS 41, 1977: Ord. 1244 NCS 41, 1977: Ord. 1233 NCS 45, 1977: Ord. 1211 NCS 45, 1976.) 15_18.060 Further nonessential uses defined. In addition to the nonessential uses set forth in Section 15.18.050, the following additional uses are determined to be nonessential on and after August 1, 1977, or such other date as the council may determine by resolution: A. Use of water in excess of the daily usage allotment hereinafter set forth: Residential Units For each permanent resident, fifty gallons per day; B. For all other uses not expressly set forth in subsection A hereof: Fifty percent of the average daily prior water use for the period November 1, 1976, through February 14, 1977, as determined by the department from its records. Where no such records exist, prior water use shall be deemed to be the average prior water use of similar existing services for such period as shall be determined by the department from its records; C. Use of water to irrigate, the provisions of Section 15.16.050 above to the contrary notwithstanding; D. Use of water for hand -watering; E. Use of water to wash any sidewalk, walkway, driveway, street, parking lot, tennis court, or other hard -surfaced area or any motor vehicle, airplane, or boat. (Ord. 1246 NCS 43, 1977: Ord. 1244 NCS 42, 1977: Ord. 1233 NCS ®6, 1977: Ord. 1211 NCS 46, 1976.) 15.12.210 PETALUMA MUNICIPAL CODE 15.18.070 Number of permanent residents. Each customer in whose name water is supplied to a residence shall, upon request of the director, advise him under penalty of perjury the number of permanent residents using water supplied to that residence. If such a residential customer shall fail to so advise the director, such residence shall be permitted the water allocation provided in this chapter for one permanent resident. (Ord. 1233 NCS 47, 1977: Ord. 1211 NCS 47, 1976.) 15.18.080 Tampering with water meters prohibited. It is unlawful for any person to remove, replace, alter, damage, bypass, or otherwise tamper with any water meter or components thereof, including but not limited to the meter face, dials, or other water usage indicators, and any flow -restricting device installed thereon. (Ord. 1233 NCS 48; 1977: Ord. 1211 NCS -8, 1976.) 15.18.090 Draining swimming pools prohibited. It shall be unlawful to drain any swimming pool. (Ord. 1233 NCS -49, 1977: Ord. 1211 NCS 49, 1976.) 15.18.100 variances. A. The director may: 1. Grant temporary variances for uses of water otherwise prohibited; or 2. Adjust temporarily any consumer's allotment if he finds and determines that due to unusual circumstances to fail to grant such a variance would cause an emergency condition affecting health, sanitation, or fire protection of the applicant or the public; further, he may grant such adjustment in the case of a mixed residential/nonresidential use if he finds that such adjustment is necessary to place an equivalent allotment burden on said applicant. The city council shall ratify, modify, or revoke any such variance or adjustment at its next scheduled meeting. Any such variance or adjustment ratified may be revoked at any time by the city council upon a finding and determination of changed conditions; ME 3. Grant variances for new or increased -in -size water connections for commercial or industrial construction where he finds that such variance will not materially impair the city's ability to provide water for human consumption, sanitation and fire protection or the builder thereof has provided a well or other alternative source of water as provided in Section 15.18.150. No such variance or adjustment shall be retroactive or otherwise justify any violations of the ordinance codified in this chapter accruing prior to issuance of said temporary variance or adjustment. An applicant for a variance under this subsection and the mayor or any councilman may apply for review of the director's decision by the entire city council if said application is made within five days from the date of the director's decision. The council shall hear the matter at its next regular meeting and shall ratify, modify or revoke the decision of the director, and provide such relief, consistent herewith, which is reasonable. The council's decision shall be final. (Ord. 1258 NCS 42, 1977: Ord. 1233 NCS <10, 1977: Ord. 1211 NCS 411, 1976.) 15.18.110 Wasting water prohibited. It is unlawful for any person or customer to cause or permit any water to run to waste in any gutter or otherwise at any time (Ord. 1233 NCS 411, 1977: Ord. 1211 NCS 412, 1976.) 15.18.130 Purpose and intent - Statutory construction. It is the purpose and intent of this chapter to prohibit an increase in the water demand.on the city's available water supply, to eliminate all nonessential water usage, and to provide for allocation of existing water recourses to insure sufficient water for human consumption, sanitation, and fire protection. This chapter shall be liberally construed to effectuate such purpose and intent. (Ord. 1233 NCS ®13, 1977.) 5 6-38 15.12.210 PETALUMA MUNICIPAL CODE 15.18.140 Replacement and repair of existing facilities. Notwithstanding any other provisions of this chapter, no restriction or prohibition is imposed upon the repair or replacement of existing water service facilities in a manner which the director determines will not materially increase the consumption of water. (Ord. 1233 NCS 414, 1977.) 15.18.150 Alternative sources - Effect on water connections. Notwithstanding any other provisions of this chapter, new additional or increased -in -size water connections may be permitted where the city council finds: A. A reliable well or other source of water meeting state health requirements provided by the applicant will supply potable water in excess of that required for human consumption, sanitation, and fire protection, as determined by the director, for any development proposed by the applicant; and B. Such well or alternative source can be connected to the city's water supply system without endangering existing customers or the system itself; and C. The owner of such well or alternative source has developed and conveyed to the city such well or other source and appurtenant easements and equipment as required to the city. The council shall be the sole judge as to the easements and equipment to be required. (Ord. 1233 NCS 415, 1977.) 15.18.160 Additional exceptions - When water connection. A. Notwithstanding any other provision of this chapter, new, additional, or increased -in -size water connections may be permitted for residential development where the city council finds either of the following: 1. Such residential development fewer residential units. The total units permitted under this exception calendar year 1977. 7 6-39 is made up of four or number of residential shall not exceed fifty in 2. Such residential development is a subdivision of fifteen or fewer parcels, the final map for which has been submitted to the city by February 14, 1977. B. For purposes of this section, "residential unit" means a single-family dwelling, apartment, or condominium unit. Any building permit issued for any residential unit hereunder shall be subject to a surcharge to be established by the city council by resolution: (Ord. 1233 NCS 416, 1977.) 15.18.170 Ordinance controlling. The provisions of the ordinance codified in this chapter shall prevail and control in the event of any inconsistency between this chapter and any other rule, regulation, ordinance, or code of the city. (Ord. 1233 NCS ,17, 1977.) 15.18.180 Water service to be disconnected. Water may be shut off and the meter removed by the department without notice whenever the director determines there has been a failure to comply with the provisions of this chapter, any other provisions of this code to the contrary notwithstanding. Charges for reconnection or restoration of service which has been terminated pursuant to this section shall. be at the rates and on the conditions set by the city council by resolution. (Ord. 1233 NCS ®18, 1977.) 15.18.190 Enforcement - Designated persons. A. Each police officer and police service aide of the city shall, in connection with his duties imposed by law, diligently enforce the provisions of this chapter. B. The director and all employees of the city's water utility operations, sewer utility operations, public works department, building inspectors, and fire department shall have the duty and are authorized to enforce the provisions of this chapter and shall have all the powers and authority permitted under California Penal Code Section 8736.5, including the power to issue written notice to appear. (Ord. 1233 NCS 419, 1977.) 15.12.210 PETALUMA MUNICIPAL UU1J1u 15.18.200 Director may prohibit irrigation and other uses. Whenever the director determines that the water available to the city's water department is insufficient to permit any irrigation, watering, or sprinkling and that all water then available to said department should be used solely for human consumption, sanitation, and fire protection, he may order and direct that irrigation, watering, or sprinkling shall not be permitted by any person or customer. While such order is in effect, no person or customer shall irrigate, sprinkle, or water any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers, or any other vegetation, or engage in such other use as the director may prohibit. Violations shall be punished as provided in Section 15.18.120. The director shall use every reasonable means under the circumstances to advise customers that such order is in effect. (Ord. 1244 43, 1977.) ' 15.18.210 Abatement of chapter. Notwithstanding any other provisions of this chapter, the city council may by resolution suspend the effectiveness of this chapter, or any part thereof, for a fixed period or indefinitely, upon making a finding that the water supply available to the city is adequate to insure that .the resulting increased usage will leave sufficient water available for human consumption, sanitation and fire protection. (Ord. 1273 NCS 41, 1977.) 0 f � APPENDIX A ASSEMBLY BILL Na. 797 Assembly Bill No. 797 CHAPTER 1009 An act to add and repeal Part 2.6 (commencing with Section 10610) to Division 6 of the Water Code, relating to water conserva- tion. lApproved by Governor September 21. 19&7. Filed with S,rrrtary of Stute September = 19MI LEGISLATIVE COUNSEL'S DICEST AB 797, Klehs. Water: management planning. (1) Under existing law, local water suppliers may, but are not required to, adopt and enforce water conservation plans. This bill would require every urban water supplier providing "later for municipal purposes to more than 3,000 customers or supplying more than 3,0W acre-feet of water annually to prepare and adopt, in accordance with prescribed requirements, an urban water management plan containing prescribed elements. The bill would require the plan to be Bled with the Department of Water Resources, and would require the department to annually prepare and submit to the Legislature a report summarizing the status of the plans. The bill would require each supplier to periodically review its plan in accordance with prescribed requirements, would specify requirements for actions or proceedings arising under the bill, and would specify related matters. The bill would make legislative findings and declarations in this connection. The provisions of the bill would remain in effect only until January 1. 1991. (2) Article XIII B of the California Constitution and Sections 9_231 and 2.234 of the Revenue and Taxation Code require the state to reimburse local agencies and school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases; for making claims to the State Board of Control for reimbursement. This bill would impose a state mandated local program as its requirements would be applicable to local public agencies. However, the bill would provide that no appropriation is made and no reimbursement is required by this act for a specified reason. The people ofthe State ol'Ctlifornhi do enact as follows: SECTION 1. Part 2.6 (commencing "ith Section 10610) is added to Division 6 of the Water Code. to read: .ti 011-1W Rrpnnted LO -19-M SW sKt 60 Ch. 1009 —2— PART 2.6. URBAN WATER MANAGEMENT PLANNING CHAPTER 1. GENERAL DECLARATION AND POLICY 10610. This part shall be known and may be cited as the "Urban Water Management Planning Act." 10610.2. The Legislature finds and declares as follows: (a) The waters of the state are a limited and renewable resource subject to ever increasing demands. (b) The conservation and efficient use of urban water supplies are of statewide concern: however, the planning for that use and the implementation of those plans can best be accomplished at the local level. 10610.4. The Legislature Finds and declares that it is the policy of the state as follows: (a) The conservation and efficient use of water shall be actively pursued to protect both the people of the state and their water rebources. (b) The conservation and efficient use of urban water supplies shall be a guiding criterion in public decisions. (c) Urban water suppliers shall be required to develop water management plans to achieve conservation and efficient use. CHAPTER 2. DEF'INMONS 10611. Unless the context otherwise requires, the definitions of this chapter govern the construction of this part. 10611.5. "Conservation' means those measures that limit the amount of water used only to that which is reasonably necessary for the beneficial use to be served. 10612. "Customer" means a purchaser of water from a water supplier who uses the water for municipal purposes, including residential, commercial, governmental, and industrial uses. 10613. "Efficient use" means those management measures that result in the most effective use of water so as to prevent its waste or unreasonable use or unreasonable method of use. 10614. "Person" means any individual, firm, association, organization. partnership, business, trust, corporation, company, public agency, or any agency of such an entity. 106I5. "Plan" means an urban water management plan prepared pursuant to this part. A plan shall describe and evaluate reasonable and practical efficient. uses and conservation activities. The components of the plan may vary according to an individual community or area's characteristics and its. capabilities to efficiently use and conserve water. The plan shall address measures for residential, commercial, governmental, and- industrial water management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for -3— Ch. 1009 implementation shall be included in the plan. 10616. "Public agency" means any board, commission, county, city and county, city, regional agency, district, or other public entity. 10617. "Urban water supplier" means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 7 (commencing with Section 4010) of Part 1 of Division 5 of the Health and Safety Code. CH4MR 3- URBAN WATER MANACEM£*7T PIANS Article 1. General Provisions 10620. (a) Every urban water supplier serving water directly to customers shall, not later than December 31,1985, prepare and adopt an urban water management plan in the manner set forth in Article 3 (commencing with Section 10640). (b) Every person that becomes an urban water supplier after December 31, 1984, shall adopt an urban water management plan within one year after it has become an urban water supplier. (c) An urban water supplier indirectly providing water to customers may adopt an urban water management plan or participate in areawide, regional, watershed, or basinwide urban water management planning; provided, however, an urban water supplier indirectly providing water shall not include planning elements in its water management plan as provided in Article 2 (commencing with Section 10630) that would be applicable to urban water suppliers or public agencies directly providing water, or to their customers, without the consent of those suppliers or public agencies. (d) An urban water supplier may satisfy the requirements of this part by participation in areawide, regional, watershed, or basinwide urban water management planning where those plans will reduce preparation costs and contribute to the achievement of conservation and efficient water use. (e) The urban water supplier may prepare the plan with its own staff, by contract, or in cooperation with other goverrunental agencies. Each urban water supplier shall periodically review its plan at east once every five years. After the review, it shall make any amendments or changes to its plan which are indicated by the review. Amendments or changes in its plan shall be adopted and filed in the manner set forth in Article 3 (commencing with Section 10640). 90 110 A -A8 Ch. 1009 —4— Article 4— Article 2. Contents of Plans 10630. It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied. 10631. A plan shall include all of the following elements: (a) Contain an estimate of past, current, and projected water use and, to the extent records are available, segregate those uses between residential, industrial, commercial, and governmental uses. (b) Identify conservation measures currently adopted and being practiced. (c) Describe alternative conservation measures, if any, which would improve the efficiency of water use with an evaluation of their costs and their environmental and other significant impacts. (d) Provide a schedule of implementation for proposed actions as indicated by the plan. (e) Describe the frequency and magnitude of supply deficiencies, including conditions of drought and emergency, and the ability to meet short-term deficiencies. 10632. In addition to the elements required pursuant to Section 10631, a plan projecting a future use which indicates a need for expanded or additional water supplies shall contain an evaluation of the following: (a) Waste water reclamation. (b) Exchanges or transfer of water on a short-term or long-term basis. (c) Management of water system pressures and peak demands. (d) Incentives to alter water use practices, including fixture and appliance retrofit programs. (e) Public information and educational programs to promote wise use and eliminate waste. (l) Changes in pricing, rate structures, and regulations.. 10633. The plan shall contain an evaluation of the alternative water management practices identified in Sections 10631 and 10632, taking into account economic and noneconomic factors, including environmental, social, health, customer impact, and technological factors. Evaluation of the elements in Section 10632 shall include a comparison of the estimated cost of alternative water management practices with the incremental costs of expanded or additional water supplies, and in the course of the evaluation first consideration shall be given to water management practices, or combination of practices, which offer lower incremental costs than expanded or additional water supplies, considering all the preceding evaluation factors. 90 130 =1 -5— Ch. 1009 Article 3. Adoption and Implementation of Plans 10640. Every urban water supplier required to prepare a plan pursuant to this part shall prepare its plan pursuant to Article 2 (commencing with Section 10610). The supplier shall likewise periodically review the plan as required by Section 10621, and any amendments or changes required as a result of that review shall be adopted pursuant to this article. 10641. (a) An urban water supplier required to prepare a plan may consult with, and obtain comments from, any public agency or state agency or any person who has special expertise with respect to water conservation and management methods and techniques. (b) In order to assist urban water suppliers in obtaining needed expertise as provided for in subdivision (a), the department, upon request of an urban water supplier, shall provide the supplier with a list of persons or agencies having expertise or experience in the development of water management plans. 10642 Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. A privately owned water supplier shall provide an equivalent notice within its service area. After the hearing, the plan shall be adopted as prepared or as modified after the hearing. 10643. An urban water supplier shall implement its plan adopted pursuant to this chapter in accordance with the schedule set forth in its plan. 10644. An urban water supplier shall file with the department a copy of its plan no later than 30 days after adoption. Copies of amendments or changes to the plans shall be filed with the .department within 30 days after adoption. The department shall annually prepare and submit to the Legislature a report summarizing the status of the plans adopted pursuant to this part. CHAPTER 4. MISCM-LI.NEOUS PROVISIONS 10650. - Any actions or proceedings to attack, review, set aside, void, or annul the acts or decisions of an urban water supplier on the grounds of noncompliance with this part shall be commenced as follows: . (a) An action or proceeding alleging failure to adopt a plan shall be commenced within 18 months after that adoption is required by this part, or within 18 months after commencement of urban water service by a supplier' commencing that service after January 1, 1984. (b) Any action or proceeding alleging that a plan, or action taken pursuant to the plan, does not comply with this part shall be 90 130 M Ch. 1009 —6— commenced 6— commenced within 90 days after filing of the plan or amendment thereto pursuant to Section 10644 or the taking of that action. 10651. In any action or proceeding to attack, review, set aside, void, or annul a plan, or an action taken pursuant to the plan by an urban water supplier on the grounds of noncompliance with this part, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the supplier has not proceeded in a manner required by law or if the action by the water supplier is not supported by substantial evidence. 10652. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to the preparation and adoption of plans prepared and adopted under this part. Nothing in this part shall be interpreted as exempting projects for implementation of the plan or for expanded or additional water supplies from the provisions of the California Environmental Quality Act. 10653. The adoption of a plan shall satisfy any requirements of state law, regulation, or order, including those of the State Water Resources Control Board. for the preparation of water management plans or conservation plans; provided, that if the State Water Resources Control Board requires additional information concerning water conservation to implement its existing authority, nothing in this part shall be deemed to limit the board in obtaining that information. The requirements of this part shall be satisfied by any water conservation.plan prepared to meet federal laws or regulations after the effective date of this part, and which substantially meets the requirements of this part, or by any existing water management or conservation plan which includes the contents of a plan required under this part. 10654. All costs incurred by an urban water supplier in developing or implementing its plan shall be home by it unless otherwise provided for by statute. 10655. If any provision of this part or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application thereof. and to this end the provisions of this part are severable. 10656. This part shall remain.in effect only until January 1, 1991, and as of that date is repealed, unless a later enacted stafute, which is chaptered before January 1, 1991, deletes or extends that date. SEC. 2. No appropriation is made and no reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution or Section 2231 or 2234 of the Revenue and Taxation Code because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. 0 90 180 OM F,Amy; FAmyo i Vol BILI11IFI WATER AND SEWAGE paid within thirty days after the billing date. B. A consumer's water service may also be discontinued for nonpayment of a bill for water service furnished at a previous or different location served by the city, if such bill is not paid within forty-five days after the billing date at the new location. C. No service will be discontinued under this section until at least ten days after a delinquent notice is mailed to such consumer and stating the city's intention to discontinue service. The consumer may be charged for such delinquent notice. Such charges shall be set according to Chapter 15.16. (Ord. 1940 NCS §2 (part), 1993: Ord. 544 NCS §8: prior code §27.27.) 15.12.070 Discontinuance under cer- tain conditions without notice. The city may refuse to furnish water and may discontinue service without notice to any premises where apparatus, appliances or equipment using water is found by the man- ager to be dangerous or unsafe or where the use of water on such premises is.found by the manager to be detrimental or -injurious to the water service furnished by the city to other consumers; or where the manager finds that negligent or wasteful use of water exists on .any `premises which affect's the city's water service. The city shall have the right to refuse or discontinue water service to any premises if necessary to protect itself against fraud or abuse. (Ord. 544 NCS §8: prior code §27.28.) 15.12.080 Discontinuance for viola- tions of article — Abatement by man- ager. In the event of violation of any terms of this chapter (except under Sections 15.12.060 15.12.090 and 15.12.070) the water department may disconnect the premises to which such viola- tion relates from the water system after first notifying in writing the person causing, allowing or committing such violation, spec- ifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the manager will exercise his authority to disconnect the premises from the water system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Petaluma, Sonoma County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the manager may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation. (Ord. 544 NCS §8: prior code §27.29.) 15.12.090 Request for discontinu- ance by consumer — Reconnection charges. Any consumer may have his water service discontinued by giving notice to the water department requesting discontinuance not less than two days prior to the requested date of discontinuance. Each such consumer shall pay all water charges up to and including the date of discontinuance stated in such notice. In any case where such notice is not given, the consumer shall be required to pay for water service until two days after the water department has knowledge that the consumer has vacated the premises or otherwise discontinued water service. The city shall make a reconnection charge for restoring water service to any consumer whose water service 1523 Rev. Ord. Supp. 4194 Sir PRESS RELEASE OF 11/5/99 November 5, 1999 Sonoma County Water Agcncy I ouncilContact: Ellen Dowling (707) 521-1808 u®��i�^���� Heather Tardel (707) 521-1839 FOR IMMEDIATE REA r a SF On November 2, 1999, the Sonoma County Water Agency notified the California Department of Health Services, as required under the Agency's water supply permit, that the maximum month demand on the Water Agency's water supply system during 1999 was within 10 percent of the Agency's total water supply capacity. The highest 30 -day average demand recorded by the Agency during this summer (hoe 1 — September 30) was approximately 81 million gallons per day (mgd). The Agency's total production capacity on a sustained basis is approximately So mgd_ ' The Sonoma County Water Agency provides wholesale water supplies to a majority of the cities and water districts in Sonoma and Marin Counties, including: City of Santa Rosa, City of Petaluma, City of Rohnert Park, City of Sonoma, City of Cotati, City of Wmdsor, North Marin Water District (City of Novato area), Valley of the Moon Water District, Forestville Water District and Marin Municipal Water District The Agency is preparing a report for its Board of Directors' consideration to define and determine a temporary impairment of the Agency's water transmission system's capacity during futum summer periods (June 1 through September. 30).' The report, along with additional recommendations for reducing water demands during the summer period, is expected to be brought before the Agency's Board of Directors on December 7. Under the Agency's Water Supply Agreement with its wbolesale customers, a temporary impairment of the system requires the Agency to deliver to the respective wholesale customers no more than a percentage of the quantities of water to which each entity is generally entitled under the agreement during times of the temporary impairment. Human consumption, sanitation needs, and fire protection are of priority use with all other uses, such as irrigation, considered secondary in nature. Consideration of all other sources of potable water available to these cities and districts is also part of the evaluation. To address those periods of excessive demands on the water supply and transmission system, the Sonoma County Water Agency will be asking each of its contractors to activate the Stage 1 voluntary rationing measures identified in their respective water shortage contingency plans. These voluntary measures are expected to result in a 15% water saving with activities including increasing customer awareness of water conservation, reducing all non-essential uses of water, requesting restaurants to serve water only upon request, and itrstitutatg more irrigation programs using recycled water programs to offset potable use. Many measures have already been voluntarily adopted by the water contractors, as a result of significant investments on the part of the conttactors and the Sonoma County Water Agency. On December 7, the Board of Directors will be requested to provide $40 million of funds to be invested over the next 10 years in infrastructure and research to develop recycled water distribution programs, for a savings of between 6-8 mgd (a 10% reduction in summertime demands). An additional $2 million is being invested each year for ten years for water conservation programs administered by the Agency directly or in cooperation with its wholesale water customers. This program is in its second year and has already produced 2 mgd of water savings, with another 2 mgd expected over the next 8 years. Cities and districts are also making improvements to their existing groundwater wells, which will result in a water savings of approximately 4-8 mgd. "We expect that the voluntary measures that we are requesting of our wholesale water customers, and the aggressive water conservation programs that we are implementing are sufficient to provide adequate summertime water for the next 5 years, with minimal impacts — ifthey are fully implementer. We are asking our wholesale water customers to get out in front on this issue and work with us to ensure a safe and reliable water supply for Sonoma and Marin County residents," said Supervisor Mike Kerns, Sonoma County Board of Supervisors. — Tn June, 1999, the Sonoma County Water Agency adopted a Peak Water -Use Reduction Campaign, designed to reduce demands on the Agency's Water Supply and Transmission system dining sustained periods of high water use. ne program consists of numerous components, including developing contingency plans for transmission shortages up to and beyond the year 2003; developing and implementing a public outreach and education campaign to address peak use reduction needs and water conservation measures; exploring the use of advanced wastewater 'treatment technologies to increase useable water supplies; and developing plans with the Agency's affected wholesale water customers to provide additional storage within the transmission system. To assist in the development of contingency plans, the Agency had requested information from each of its water customers regarding their current and near-term peak -&y water supply needs for human consumption, sanitation,and fire protection; the amount of potable water available from local sourcts; and the amount of storage provided by each individual system. Tit December 1998, the Sonoma County Water Agency's Board of Directors certified a Water Supply and Transmission System Project designed to develop additional water supply and expand the Agency's emsting transmission system in an effort to meet the contractors' needs it rouagh the year, 2015. The project has been the subject of litigation since its approval, and resolution is not expected for three to five years. Tine Agency is also currently consulting with the U.S_ National Marine Fisheries Service and the U.S. Army Corps of Engines regarding the Agency's operations and potential affects on threatened salmonid populations along the Russian River. Toe results of this consultation could potentially farther reduce the Agency's ability to expand its operations for the next 5-7 years. I JrP z 2 yo98 CITY OF PETALUMA, CA AGENDA SUMMARY Agenda Subiect Meetine Date: Sonoma County Water Agency funding of U-shaped Channel September 22, 1998 Denartmen Contact Person Engineering�� Thomas S. Hargis Cost of Proposal $1,518,000.00 Phone Number 778-4304 Amount Budgeted $1,518,000.00 Account Number 9724 Attachments to Agenda Packet Item Sonoma County Water Agency (SCWA) draft agreement Resolution Summary Statement The SCWA, through its Zone 2A, is funding significant portions of the U.S. Army Corps of Engineers Payran Reach property. This agreement provides $1,518,000 towards the U-shaped channel currently under construction. Recommended Citv Council action Approve. Submitted to Finance Director: Todav°s Date 8/24/98 ushaped/sb/agenda #21998 Submitted to Citv Manager: File Code I AGENDA ITEM # 2 KEY WORD: SCWA Funding 3 U-shaped Channel 4 DATE: September 22, 1998 5 6 DEPARTMENT: 7 8 Engineering Department 9 Thomas S. Hargis, Director of Engineering 10 11 REQUESTED COUNCIL ACTION: 12 13 Pass resolution authorizing the City Manager to sign agreement with the Sonoma County Water 14 Agency (SCWA) for funding of the construction costs for the City's portion of the Army Corps of 15 Engineers U-shaped Channel. 16 17 RECOMMENDATION: 18 19 Pass resolution. 20 21 BACKGROUND: 22 23 The Sonoma County Water Agency, through Zone 2A Drainage Fees, is funding the construction 24 costs for the U-shaped Channel currently under construction by the Corps of Engineers. This 25 agreement provides for the transfer of funds between the Water Agency and the City of Petaluma. 26 27 The Sonoma County Water Agency, by future agreements, will also be providing for construction 28 of the trapezoidal channel up to a maximum of approximately $6.7 million dollars. The Sonoma 29 County Water Agency is also funding an additional pump station and storm drain improvements in 30 the Madison/Vallejo area. The City of Petaluma will be providing the coordination for the design 31 and construction of those improvements as part of the total Payran Reach Flood Improvement 32 Project. The City has been funding the right-of-way acquisition and either full or partial design 33 and construction inspection costs. (The agreement being prepared by the SCWA will be 34 transmitted to the Council separately.) 35 36 ALTERNATIVES: 37 38 NIA 39 40 CONSEQUENCES OF NOT ACTING: 41 42 Require the City of Petaluma to cash flow the construction of the U-shaped Channel. 43 44 ACTION FOLLOWING AUTHORIZATION: 45 46 Signed agreement will be sent to the Sonoma County Board of Directors (Board of Supervisors) 47 for approval. 48 49 50 xc: de file 51 52 Susan Kuehn, Technical Writing, Sonoma County Water Agency, Capricorn Way Office, 53 P.O. Box 11628, Santa Rosa, CA 95406 54 55 sb/ushaped/agenda/hd/a:3 mbb, IuMvbwleprtr Ipetuvl [Ind eoc w3c 0911SMS810AM TW 97/98-114 AGREEMENTFOR FUNDING OF PETALUMA RIVER FLOOD CONTROL PROJECT, U -SHAPED CHANNEL This agreement is between the Sonoma County Water Agency, on behalf of its Zone 2A, a body corporate and politic of the State of California (hereinafter "Agency"), and City of Petaluma (hereinafter "City"). RECITALS A. The Petaluma River Channel Improvement Projects consists of several phased projects including the U -Shaped Channel Project (hereinafter "Project"), described in Attachment A. Attachment B provides a location map of the Project. B. City and Agency have evaluated the serious Flood and storm damage which occurs to existing residential and commercial structures within the Petaluma River area in the City of Petaluma_ City. Agency, and Agency's Zone 2A Advisory Committee recommend that the Project be undertaken and expedited to help alleviate the potential damage to existing residential and commercial structures from flood or storm waters. C. Funding for the design and construction of this project is included in allocation in the category of "Petaluma River Channel Improvements," Sub -object 7272, within the Agency's Petaluma Zone 2A fund (Account No. 673301) of the 1998/99 budget. D. City has entered into an (cost-sharing) agreement with the U.S. Corps of Engineers ("Corps") for design. NEPA documentation, and construction, dated July 5, 1995 and entitled "Project Cooperation Agreement Between the Department of the Army and the City of Petaluma, California for the Construction of the Petaluma River Project." E. it was the intent of the City and the Agency to enter into a standard funding agreement for design and construction of the Project prior to commencement of work,- however, the agreement was never executed due to delays experienced by the City associated with the Corps design and bidding procedure. When the Corps completed its design process, the City was under tremendous time constraints to begin the project and consequently the funding agreement with the Agency was inadvertently not completed prior to commencement of construction of the Project. F. In accordance with National Environmental Policy Act ("NEPA") the U.S. Corps of Engineers ("Corps") filed a Notice of Determination and the City, as the responsible State Agency, also filed a Notice of Determination in accordance with Section 21152 of the Public Resources Code, dated September 6, 1995 entitled, "Petaluma River Section 205 Flood Control Improvements." G. in accordance with its agreement with the City, the Corps completed design of the Project, including all construction documents, let the Project to bid, awarded the Project to the lowest responsible bidder, administered the construction contract, and inspected the Project. H. The City and the Corps obtained all necessary permits, easements and right-of-way for construction of the project. I. City is requesting $1,518,000 from the Agency's Zone 2A fund for City's reimbursement for a portion of the design, construction, and inspection of the Project during the 1998 construction season. J. City owns or will acquire, and is willing to retain ownership of, any property or easements wherein said Project will be constructed. K Agency and City do mutually desire to enter into an agreement for reimbursement of a portion of the design, construction, and inspection of said Project. Pu., A@na .te, Pw.W.i., C1 eYnpmvvmeMe. U-SbeveU Channel L. To the extent that funding is available, Agency will consider providing the City with additional Zone 2A funds for hydraulic maintenance of the Project. AGREEMENT The City and Agency agree as follows: 1. CITY S RESPONSIBILITIES City shall ensure completion of construction of the Project at its cost and expense, except to the extent of Agency reimbursement is provided for in Section 2 below. In so doing: A, City shall provide Agency with a final complete set of all Project plans and specifications, including hydrology and hydraulic calculations for the Project. B. City shall file the Notice of Completion and shall prepare record drawings showing any changes, deletions, or additions to the Project. City shall provide copy of Notice of Completion to Agency within 30 days of its filing and a final complete set of reproducible Project record drawings within 60 days of filing the Notice of Completion. C. All title to all Project facilities constructed pursuant to this Agreement shall vest with the City. D. City shall accept ownership of the Project. E. City shall be responsible for all maintenance (including hydraulic maintenance) of the Project in perpetuity. F. City shall maintain complete and accurate records of all transactions in compliance with generally accepted 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 the Agency at all reasonable times for inspection and analysis. G. Within 60 days of filing Nofice of Completion, City shall submit to Agency a statement of complete accounting of Project costs for the following categories: • Design costs • Inspection and contract administration • Construction costs H. City agrees to defend, indemnify, hold harmless, and release Agency, its officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including City, arising out of or in connection with the execution of this agreement or the performance of City hereunder, excluding liability due to the sole active negligence or willful misconduct of Agency. 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 City or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. In addition, City shall be liable to Agency for any loss or damage to Agency property arising from or in connection with City's performance hereunder. I. City shall invoice the Agency for costs authorized under this agreement. All invoices submitted to Agency by City shall be clearly marked with "City of Petaluma, Funding of Petaluma River Channel Improvements, U -Shaped Channel, ProjectiTask No. 3227-4, Account No. 673301-7272," unless otherwise instructed in writing by Agency Project Manager. J. City shall require its contractor to insure and indemnify the Agency using the language identified in Attachment C as the language for Agency insurance and indemnification requirements in the bid package and shall provide evidence of such insurance and indemnification to Agency in a form satisfactory to Agency. Fm•ng Rgramner,lrw PNnWma MmrC�n,m;lmpmvc mV US�epeC C��•+n91 2. AGENCY'S RESPONSIBILITIES A. Upon receipt of an invoice and evidence of insurance and indemnification, Agency will deposit with City $1,518,000, which is to reimburse City for Agency's share of Project's design, construction, and inspection costs. B. Agency shall consider providing Zone 2A funds, to the extent such funds are available and subject to annual approval of Agency's Board of Directors, for the hydraulic maintenance of the Project 3. ADDITIONAL REQUIREMENTS If the Project cost accounting statement submitted under Section 1 item G of this agreement demonstrates that Project costs are less than the amounts paid to City, City shall refund difference to Agency within 30 days of submitting said statement to Agency. F„ ,, Aol".O for "WV -0 111aor Cannel kr ol.VS�C redo 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement as set forth below. Reviewed as to substance by Agency Department Head Approved as to funds by Agency: Administrative Services Officer Reviewed as to form by County Counsel: County Counsel City of Petaluma By: (Please print name here) Title: Sonoma County Water Agency A Chair, Board of Directors Date: Attest: County Clerk, and ex -officio Clerk of the Board of Directors FW4M Agmomam Iw PsMh a Rwr Chantal MTaxmrnu. U -Shy dCha l ATTACHMENT A DESCRIPTION OF PROJECT The Project consists of constructing approximately 24,900 square feet of steel sheet pile flood wall with anchor piles and approximately 2,400 square yards of gravel service road. Additional features of the Project include dredging and disposal of approximately 5,300 cubic yards of soil within the new channel to -5 feet MLLW plus 1 foot allowable overdepth, fabrication and installation of approximately 745 linear feet of concrete pile cap with steel handrail, and miscellaneous concrete work, chain link fencing, riprap, and storm drain modifications. FwdnaAp,pNllptl[ Pptpl. fiNOf(:tIB(RRl lmp(WpMp ,U -S PW Chan A-1 PROJECT SITE PETALUMA SONOMA COUNTY WATER AGENCY 2150 West College Avem,c Santa Rosa, CA, 95441 / n/ NOT TO SCALE PETALUMA BASIN WATERSHED ZONE 2A PETALUMA RIVER FLOOD CONTROL PROJECT U -SHAPED CHANNEL PROJECT VICINITY MAP SHEET 1 ATTACHMENT C WORDING FOR CONSTRUCTION CONTRACT INDEMNIFICATION Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release Sonoma County Water Agency, its agents and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including Contractor, arising out of or in connection with the performance of Contractor hereunder, whether or not there is concurrent negligence on the part of Sonoma County Water Agency, but excluding liability due to the sole active negligence or sole willful misconduct of Sonoma County Water Agency. 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 Contractor or its agents under Workers' Compensation acts, disability benefit acts, or other employee benefit acts INSURANCE The Contractor shall obtain insurance acceptable to City of Petaluma from a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract. The proper insurance shall be provided within ten (10) calendar days after the bidder has received the notice that the contract has been awarded and prior to the City executing the contract and issuing a notice to proceed The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to commence work until all insurance required hereunder has been submitted and approved and a notice to proceed has been issued. With respect to performance of work under this contract, Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below: A. Workers' Compensation Insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency. & Commercial General Liability Insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $1,000,000 combined single limit for each occurrence. Said commercial general liability insurance policy shall either be endorsed with the following specific language or contain equivalent language in the policy: f. The Sonoma County Water Agency, its officers and employees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this contract. z The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion or more than one insured shall not operate to increase the limits of the company's liability. F10M M7ae tfm PMI! . Pow' CDWm xnworUnwz. U- h Pw cne C'1 3. The insurance provided herein is primary coverage to the Sonoma County Water Agency with respect to any insurance or self-insurance programs maintained by the Sonoma County Water -Agency, 4. This policy shell not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency. C. Automobile Liability Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non -owned vehicles. Said policy shall be endorsed with the following language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency. Fvd,� Agr cnt lar PaaW &P er Old"I lmRrpVamWa V�$MWd Cha l C"Z I d_uc U1 CITY OF PETALUMA, CALIFORNIA UN 2 11099 AGENDA BILL Agenda Title: Resolution Authorizing the City Manager to Sign Meeting Date: Agreement with Sonoma County Water Agency (SCWA) for June 21, 1999 Funding of Design and Construction Costs for the "C" Street Storm Drain Conduit. Denartment Director: Contact Person: Phone Number: 778-4304 Engineering -T-yrg Hargis M. Evert Cost of Pr000sal: $609,000 1 Amount Budeeted: $609,000 I Account Number: 9746 Attachments to Au_enda Packet Item: Attachment 1 -Project Map Exhibit IA - Sonoma County Water Agency letter Exhibit 2A - Sonoma County Water Agency agreement Exhibit B - Sonoma County Water Agency 5 -year Capital Improvement Plan Summnry Statement: The Sonoma County Water Agency, through Zone 2A, is providing the funding to design and construct the "C" Street Storm Drain Conduit Project. The "C" Street Conduit Project is located in the southwest portion of the city limits. The project consists of installation of approximately 2,700 linear feet of 18 to 48 -inch diameter concrete pipe storm drain beginning at 6a` Street and continuing in a northeasterly direction along "C" Street, across Petaluma Blvd. South, to outlet into the Petaluma River. The complete project will provide a drainage system capable of conveying flow anticipated from a 10 -year frequency storm with the 37 -acre watershed developed to the commercial and urban densities designated in the General Plan, and thereby alleviate the frequent flooding of streets and property which now occurs. The agreement with the Sonoma County Water Agency specifies the award of the construction contract shall be made on or before June 30, 2001. Council Prioritv: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999. Priority(s): Implement and Revise General Plan. General Plan Implementation Section 11.4 Flood Hazards, Objective (d) Protect the community from risk of flood damage and the Central Petaluma Specific Plan Policy 1.8: Construct a storm drainage system adequate to collect flows consistent with the following criteria: All storm drainage pipes should be designed to convey the flows of a 10 -year storm occurrence with no surcharging (a 10 -year storm has an intensity that is equaled or exceeded on average once every 10 years). Recommended Citv Council Action: Approve and authorize the City Manager to sign Agreement with Sonoma County Water Agency for Funding of Design and Construction Costs for the "C" Street Storm Drain Conduit. Reviewed by Finance Director:, Dat �dav s D May 27, 19?9 Re wed tV3itvAttornev- Aaar6v-a by City Manager: Date: I Date: Revision # and Date Revised: ilk odC e: # S/sb/c-st-sd-agree-scwa-cc-agenda-5-5-9' CITY OF PETALUMA, CALIFORNIA JUNE 21,1999 AGENDA REPORT FOR "C" STREET STORM DRAIN CONDUIT PROJECT 9746 ExEcurrvE SUMMARY: The Sonoma County Water Agency, through Zone 2A, is providing the funding to design and construct the "C" Street Storm Drain Conduit Project. The "C" Street Storm Drain Conduit Project is located in the southwest portion of the city limits. The project consists of installation of approximately 2,700 linear feet of 18 to 48 -inch diameter concrete pipe storm drain conduit beginning at 6a' Street and continuing in a northeasterly direction along "C" Street, across Petaluma Blvd. South, to outlet into the Petaluma River. The complete project will provide a drainage system capable of conveying flow anticipated from a 10 -year frequency storm with the 37 -acre watershed developed to the commercial and urban densities designated in the General Plan, and thereby alleviate the frequent flooding of streets and property which now occurs. The agreement with the Sonoma County Water Agency specifies the award of the construction contract shall be made on or before June 30, 2001. BACKGROUND: The need for storm drainage improvements along "C" Street were identified by the Sonoma County Water Agency when they prepared the Master Drainage Plan for the City of Petaluma in March of 1986. The "C" Street storm drainage improvements were submitted to the Sonoma County Water Agency Zone 2A Citizens Advisory Committee for consideration, and was added to their list for future projects in the mid -1990's. Over time, the project has worked its way up the list, and is now funded in the County's fiscal year 1998/1999. The Sonoma County Water Agency and the City have evaluated the flood and storm damage which occurs to existing roadways, and residential and commercial properties within the "C" Street area and recommend that the improvements be done. In order to expedite the project, the Water Agency, through Zone 2A, has authorized funding and has requested that the City design and construct the project. 3. ALTERNATIVLs: ® Approve the Resolution and authorize the City Manager to sign the agreement with the Sonoma County Water Agency to design and construct the "C" Street Storm Drain Conduit Improvements. ® Do not approve the Resolution and request the Sonoma County Water Agency to design and construct the "C" Street Storm Drain Conduit Project. ® Do not approve the Resolution and do not construct the "C" Street Storm Drain Conduit Improvements. 4. FINANCIAL IMPACTs: The project design and construction will be funded by Sonoma County Water Agency Zone 2A funds. PROJECT COST Design $ 87,000 Construction $430,000 Citv Administration/Ins_nection $ 92.000 Project Cost Subtotal $609,000 SCWA Administration $ 5.000 TOTAL: $614,000 If, during design and development of construction cost estimate it appears that the construction cost could possibly exceed the funding, the City will discuss the project scope and/or increasing the project funds with Sonoma County Water Agency prior to going out to bid. Engineering staff has reviewed the project budget and feels the project can be designed and constructed within the funds allocated. CONCLUSION: The existing conduit in "C" Street between Petaluma Blvd. South and the Petaluma River is inadequate. In addition, the storm water inlet openings are too small, keeping flood runoff from entering the storm drain efficiently. Other than the short reach of 18" storm drainpipe in 4h Street, there are no underground drainage facilities in "C" Street upstream of Petaluma Blvd. South. The completed project would provide a drainage system capable of conveying the flow anticipated from a 10 -year frequency storm with the 37 -acre watershed developed to the commercial and urban residential densities designated in the General Plan, and thereby alleviate some of the frequent flooding of streets and property which now occurs. 6. Ri';COMbmNDATION: Approve and authorize the City Manager to sign Agreement with Sonoma County Water Agency for funding of design and construction costs for the "C" Street Storm Drain Conduit. Tentative Proiect Schedule ® Hire design consultant and complete project plans by fall of 2000. to. Award contract in early spring of 2001. to. Construction in mid -2001. to W o y.A��y \ e c 1 7 '�\V\.���`� e3'�a - +-� -.J a \• ° fJ _ - - 1 l{`�4J .. /i l t{11 5�'n$ • > t Ks �,,," t \iA}.;: i `dam' 2' w`^ �- r., �\ sts�. r ii is ,,\ 4 ,✓,5��\1 \' � �. �' `_ `,. � J. ' C3 '�' 1.\� �•. �t �=.\\\�. � S,tJ ��: '1 �',�^�� (rd ` �CP��n,47' �Pito s' l'Cl� J °' ��•.d '�s�- \`•, \`� i\.±`-a'�.,� 'i/ .r Pn aon [.hil l)rn��- CJ_ - •°p \�'.y; .:.- ti.�'S ` ..,.- -� V t�� <•, t ^r o 7 0� I`t3 -, ('( _.�__ t 4- )-.T`.V; s `• . SCI r W.l l] JD ❑ 11r •:, l: � ��t\... -("� r � �` :°'�<; ..i , �' ...• ,� �,,, 'tr.,�n ,1.1 ��7 r3-{} do{� .�o V' 5 „! : og, i6 Com` 1-311• `�C 13 �u �7-,'WtC7i _Ot77'�E L&t'!r' � HIO['^'DOCI(tja q ` - ���I-Ue� t�n 41 6pLJUU U oUUL- ' ss.: �q� .� _ �tl EiJo G"' -y f l� 0 o..� (�, (`I .' 'a tL--ri ya` t�, i7'h"_f { �] rLltl •'�3oJ� ❑ (MU = 1 �j aC� o'�`i y, U',/ I�1 "U C7 o a ;�iw;. k sem- o� ��:.11 �+� n � '=u'�'p EJ cn s3 D� ryr n J [y l�l1 c �� ' ❑•ctrl, CS1�' c; a aE —p'-� .. �❑ m 170CIQ L, r_ -:a cildd7 oa7�q ©oto aoa^r' ❑It',ot50� ��aC - e. LE i ^ ��°dy� � ., t,' ' { cl L tin ❑ t �I U °�n 7�J p r.c ��1 ,.r --c 1 \ - aoo.f��uc❑U—f�qs• ��• ,� s-1 `�� �. of �\)� �•}t n .t �Y SONOMA i EXHIBIT Al 1 C O U N T Y I WATER'; JAN 2119 61 rueuc WOPKS = ENGINEERING 8 A G G N C Y' FILE:PROJP"C" STREET CONDUIT/2-1119/000-7 (CITY OF PETALUMA) TW 98/99-35 January 15, 1999 Tom Hargis, P.E. City Engineer Public Works Department City of Petaluma 22 Bassett Street Petaluma, CA 94952 AGREEMENT FOR FUNDING OF "C" STREET CONDUIT PROJECT Dear Mr. Hargis: Enclosed please find five copies of the subject Agreement. The modifications you requested to the Recitals and Section 1.1 have been incorporated into the Agreement. If the Agreement is satisfactory, please sign four copies and return them to the attention of Michelle Boies of the Sonoma County Water Agency's staff. Questions regarding the Agreement may be directed to me at (707) 547-1975. Sincerely, A Victor Swift, P. E. Water Agency Engineer Encs C Mike Evert, City of Petaluma Michelle Boies, SCWA rs3/u/c1tthausman/c_st-sig 1t0. Bus 111)25 - Sand kuru. CA 45406 - '1 i(1 \C. Callcrc :lrcnuc - Sand Hasa, CA 95401 - (707) 52h--5370 - Fax (707).544-1)1-13 mbb: 1trs3scxe4r3W11erhwlegmmnWz st / dAmvemiom 11!031987:50 AM AGREEMENT FOR FUNDING OF "C" STREET CONDUIT PROJECT TW 98/99-35 This agreement is between the Sonoma County Water Agency, on behalf of its Zone 2A, a body corporate and politic of the State of California (hereinafter "Agency"), and City of Petaluma (hereinafter "City"). RECITALS A. The C Street Conduit Project is described in Attachment A and is hereinafter referred to as "Project" Attachment B provides a location map of the Project. B. City and Agency have evaluated the serious flood and storm damage which occurs to existing roadways and residential and commercial structures within the "C" Street area in the City of Petaluma. City, Agency, and Agency's Zone.2A Advisory Committee recommend that the Project be undertaken and expedited to help alleviate the potential damage to existing residential and commercial structures from flood or storm waters. C. Funding for this project is available from allocation in the category of "'C' Street Conduit," Sub -object 7263, within the Agency's Petaluma Zone 2A fund (Account No. 673301) of the 1998/99 budget. D. City is requesting $609,000 from the Agency's Zone 2A fund for the design and construction of the Project during the 2001 construction season. E. City owns or will acquire, and is willing to retain ownership of, any property or easements wherein said Project will be constructed and is willing to operate and maintain said Project in perpetuity. F. Agency and City do mutually desire to cooperate in the design and construction and financing of said Project G. City wishes to expedite design and construction of said Project AGREEMENT The City and Agency agree as follows: 1. CITY'S RESPONSIBILITIES City shall complete design and construction of the Project at its cost and expense, except to the extent of Agency funding provided for in Section 2 below. In so doing: A. City shall be the Lead Agency for the Project under the requirements of the California Environmental Quality Act (CEQA) and shall prepare all appropriate environmental documents. B. City shall obtain any permits that may be necessary from utilities or regulatory agencies for construction of the Project. C. City shall acquire any and all additional land or easements as necessary for the construction of the Project D. City shall design the Project including all design surveying and construction staking. E. City shall prepare a draft of the Project plans and specifications and shall submit one set, along with hydrology and hydraulic calculations, to Agency for review and comment Fu M Agreement for•C' Street Conbu6 F. City shall prepare and provide Agency with a final complete set of all Project construction documents and a final complete set of reproducible Project record drawings. The 10 -year hydraulic grade line shall be drawn on the final Project profile plan. G. City shall require its contractor to insure and indemnify the Agency using the language identified in Attachment C as the language for Agency insurance and indemnification requirements in the bid package and shall provide evidence of such insurance and indemnification to Agency in a form satisfactory to Agency. H. City shall let Project to bid. I. City shall award construction contract to the lowest responsible bidder unless circumstances exist that would prevent such award. Such award shall be made on or before June 30. 2001. J. City shall administer the contract for construction of the Project K. City shall inspect the Project. L. City shall file the Notice of Completion and shall prepare record drawings showing any changes, deletions, or additions to the Project City shall provide copy of Notice of Completion to Agency within 30 days of its filing. M. All title to all Project facilities constructed pursuant to Agreement shall vest with the City. N. City shall accept ownership and shall operate and maintain said improvements in perpetuity. O. City shall maintain complete and accurate records of all transactions in compliance with generally accepted 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 the Agency at all reasonable times for inspection and analysis. P. Within 60 days of filing Notice of Completion, or within 60 days of decision to not award the contract, City shall submit to Agency a statement of complete accounting of Project costs for the following categories: • Design and other pre -construction costs • Environmental document preparation costs • Inspection and contract administration • Construction costs • Change orders Q. City agrees to defend, indemnify, hold harmless, and release Agency, its officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including City, arising out of or in connection with the the project or the performance of City hereunder, excluding liability due to the sole active negligence or willful misconduct of Agency. 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 City or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. In addition, City shall be liable to Agency for any loss or damage to Agency property arising from or in connection with the Project or the City's performance hereunder. R. City shall invoice the Agency for costs authorized under this agreement All invoices submitted to Agency by City shall be clearly marked with "City of Petaluma, Funding of C Street Conduit, Project(Task No. 3577-02 and Account No. 673301-7263." 2. AGENCY'S RESPONSIBILITIES A. Upon execution of this agreement and receipt of an invoice thereof, Agency will deposit with City $87,000, which is to finance Agency's share of Project's design and other pre -construction costs. B. Upon award of the construction contract, receipt of an invoice thereof and receipt of evidence of insurance and indemnification, Agency will deposit with City $522,000, which is to finance Agency's share of Project's construction costs. FuMmg Agreement fw'C' Street Conduit 2 3. ADDITIONAL REQUIREMENTS A. If lowest responsible bid exceeds $430,000, or if the Project as constructed costs more than $430,000, City shall fund all Project costs in excess of that amount B. If contract is not awarded, items I through N under Section 1, and item B under Section 2 shall not apply. C. If the Project cost accounting statement submitted under Section 1 item N of this agreement demonstrates that Project costs are less than the amounts paid to City, City shall refund difference to Agency within 30 days of submitting said statement to Agency. F and Q Agm.� t -C' sit co.d.d 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement as set forth below. Reviewed as to substa nce Approved as to Form: bVaecn . City Attorney Dead Approved: Approved as to funds by Agency: v ency: t O o� � / Department Head Division Manager Ai 7µ nag`er--Adt/ministrative Services ✓ Approved: Reviewed as to form by County Counsel: Risk Manager County q9lun el Approved: Finance Director City of Petaluma By: City Manager Date: Attest City Clerk Sonoma County Water Agency By: Chair, Board of Directors Date: Attest: County Clerk, and ex -officio Clerk of the Board of Directors FurWng Arn:ement for -C- Street Conduit 4 ATTACHMENT A Project Description The "C" Street Conduit Project is located in the southwest portion of the city limits of Petaluma. The project consists of installation of approximately 2700 linear feet of 18 to 48 -inch diameter concrete pipe storm drain beginning at 6"' Street and continuing in a northeasterly direction along "C" Street, across Petaluma Blvd. South, to outlet into the Petaluma River. Project includes branch conduits in 2"d and 5"' Streets, connection of an existing conduit from 4' Street, and appurtenant structures including, but not limited to, 5 manholes, 17 inlets, and a rock riprap outlet into the river. The completed project will provide a drainage system capable of conveying the 22-cfs flow anticipated from a 10 - year frequency storm with the 37 -acre watershed developed to the commercial and urban densities designated in the General Plan, and thereby alleviate some of the frequent flooding of streets and property which now occurs. A 10 -year storm is one with a 10% chance of occurring in any year. Fundvg Agreement fw'C' Street Conduit A-1 M \ iinuNo3 j-33u.LS ED qODLi M n QLCLJ 12X _3HlS H 1-9 DD Dom 0 f WL L-3 - I SIX SIX IARHIS HIS 02( Ii s 0 z. m 171 n LOBrO8d Fol *Fl mm m ME F -I OfW H.lnOS -OMS VWnlvj-:3d,-- F� I_lquls ISL ISO . 0 dvW A-LIN131A (31MGMV110 1"x ..­ i ­.'.�.:z_�..... .. ... ...... ATTACHMENT C WORDING FOR CONSTRUCTION CONTRACT INDEMNIFICATION Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release Sonoma County Water Agency, its agents and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including Contractor, arising out of or in connection with the performance of Contractor hereunder, whether or not there is concurrent negligence on the part of Sonoma County Water Agency, but excluding liability due to the sole active negligence or sole willful misconduct of Sonoma County Water Agency. 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 Contractor or its agents under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. INSURANCE The Contractor shall obtain insurance acceptable to City of Petaluma from a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract The proper insurance shall be provided within ten (10) calendar days after the bidder has received the notice that the contract has been awarded and prior to the City executing the contract and issuing a notice to proceed. The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to commence work until all insurance required hereunder has been submitted and approved and a notice to proceed has been issued. With respect to performance of work under this contract, Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below: A. Workers' Compensation Insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency. B. Commercial General Liability Insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $1,000,000 combined single limit for each occurrence. Said commercial general liability insurance policy shall either be endorsed with the following specific language or contain equivalent language in the policy: 1. The Sonoma County Water Agency, its officers and employees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this contract. 2. The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. F.dg Agreement for •C Street C.dud C-1 3 The insurance provided herein is primary coverage to the Sonoma County WaterAgency with respect to any insurance or self-insurance programs maintained by the Sonoma County WaterAgency. 4. This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County WaterAgency. C. Automobile Liability Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non -owned vehicles. Said policy shall be endorsed with the following language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County WaterAgency. FurKkg Ngeam f 'C'Sh Cmdud C-2 SONOMA COUNTY WATER AGENCY FLOOD CONTROL PROJECTS FOR PETALUMA (ZONE 2A) CAPITAL IMPROVEMENT PLAN 10)V FISCAL YEARS 1997-98 to 2001-03 DRAINAGE IMPROVEMENTS ATTACHMENT ► 1 111 1 '.11'1 .1 R M WFIRIMMI-1 1 FLOOD CONTROL ZONE 2A (PETALUMA RIVER) Zone 2A Description Flood Control Zone 2A is the watershed area in Sonoma County that drains into and includes the Petaluma River, with the exception of the most southerly portion of the area consisting primarily of reclaimed tidelands. Zone 2A Obiectives Flood Control Zone 2A was created to reduce the frequency of flooding within the zone through construction of adequate facilities to safely handle projected storm flows. Scheduline ofProiects An appointed citizen's committee meets several times each year to make recommendations to the Board of Directors regarding priorities in the scheduling and construction of drainage facilities within the zone. Each proposed project is evaluated using criteria covering historical flooding problems, areas and number of people benefited, alternate funding available, special safety and health factors, coordination with other public projects, and environmental concerns. Projects normally proceed on schedule unless interrupted by one of higher priority or urgency. M o o O N M N 00 O O elf O N �y O O O O O O O O O O• O O O O C N O O O O O n o o N ^O M M m M: o O: N py, N Etj O o 0 0 0 0 00 0 0 o p U o 0 o O W V U N O O O � w o 0 0 0 00 00 0 0 o p py o 0 0 0 0 po' Q N N v cc M �- Q U a rn o 0 0 0 0 0 o A N ° Ncq. w H� /1 W '4'i.�f > 4�L,, O"'+'.c' o yy' oy fr�•oi e.o `+�v< o 0.4•;•�'^o wS:a ��;.i i'•tt. TIN �+ ^r�J f 1 V n '.}:.,•-..Yu i e.. F �'y "•� .� :; '^�" �lhV -%�' �f �^ `��,bi:`�+y,�! '2j•' �i} 1!.t`Auv'Q%'. OF L�-•�l�F :' `••1 rh W S '11 r Xuy��y f. GS'. i'�,-li(A^L i1 �I�•,+• � 01 �.(n Q Vi ¢r �MyO'1:J-ir'Y/' ..,..�, .�. .I ',li'�%(�j' i:1K��iV �•a.u,if;li �.. L! :'.1:,�� ~ S N� z d v ,7+ Z N �_ U ^, o u a rl a W u N N n U —' O �--� ba v Q F N OU U •t�' ?U .V� N T O L U> 00 9 Z 5 0 � 6n a .`c 3 �� � 0 5 c O C ❑. w O H an 4 C Q FI L ❑ a+ 0 0 0 O O O a+ a m 5 H v a o b w b " c F U o U r� •� •' •_ o s U v o a U U U > C O O a a X --. a c$c ••�� c� 6 U U Q a o m O ed d v al fA C aF U x vc En 3 i ,u Lf) 4 d + Cr1 Ln UY PROJECT NEEDS REPORT FILE NO.: 2-11191000-7 TITLE: "C" STREET CONDUIT DATE: December 1996 JURISDICTION: Sonoma County Water Agency (Zone 2A) DESCRIPTION: This project is located along "C" Street in the southwest portion of Petaluma within the city limits. The project consists of installation of approximately 2700 linear feet of 18 to 48 -inch diameter concrete pipe (cp) storm drain beginning at 6th Street and continuing in a northeasterly direction along "C" Street, across Petaluma Blvd. South, to outlet into the Petaluma River. Branch conduits from 2nd, 4th, and 5th Streets will connect to the proposed "C" Street Conduit. Appurtenances will include 5 manholes, 17 inlets, and a rock riprap protected outlet into the river. PURPOSE: The existing conduit in "C" Street between Petaluma Blvd. South and the Petaluma River is inadequate. In addition, the storm water inlet openings are too small, keeping flood runoff from entering the storm drain efficiently. Other than the short reach of 18 -inch cp in 4th Street, there are no underground drainage facilities in "C" Street upstream of Petaluma Blvd. South. The completed project would provide a drainage system capable of conveying the 22-cfs flow anticipated from a 10 -year frequency storm with the 37 -acre watershed developed to the Commercial and Urban Residential densities designated in the General Plan, and thereby alleviate some of the frequent flooding of streets and property which now occurs. A 10 -year storm is one with a 10% chance of occurring in any year. LAND OR RIW REQUIREMENTS: The project would be constructed within city streets and an encroachment permit would be required from the City of Petaluma's Public Works Department. RELATIONSHIP TO OTHER PROJECTS: This project would modify and expand the existing "C" Street cp storm drain. Until a project is constructed to alleviate flooding from the Petaluma River, there would still be flooding in "C" Street for a distance of several hundred feet from the river, since the 10 -year or greater flood elevations in the Petaluma River are higher than land surface elevations in and adjacent to "C" Street. Periodic dredging of the river combined with this project would temporarily alleviate flooding conditions along this lower end of "C" Street, however, flooding would return as the need to dredge the river increased. PROJECT COST ANNUAL OPERATING COST Design /CEQA $ 92,000 Labor $ 500 Right -of -Way -0- Materials 200 Construction 430,000 Equipment 300 Inspection 92,000 TOTAL: $ 614,000 TOTAL: $ 1,000` ' The completed project wilt be maintained by the City of Petaluma. dop' d.49wuuchvMmlc_3t1.p.t 12JIlM P i v e r DRAWSRID Elf Llnx L, El E IST STREET -.. z ❑ x10 2ND STREET r- I-" L -JL -J) 9 7___, VICINITY MAP K T: S. z7, f VI'k, I 8 mo El T7o � +f o :EC k Li LJL� il-lu 11 1-- 9 X9 x 9 X;PETALUMA BLVD. SOUTH &0 i } `❑ �j jNALNUT ��P R X14 4TH STREET tu w w r - CO - p = ST. 20 5TH STREET Auzzliallittla is xis aoa a EPCD 00 CE] Ell] Q ST. 6ffAj STREET o lu D lt 0 Do �ft�'Fo 0 M1 �wm d I x16 — rj� ❑OE] D0 U zg X2 i LOP X21 m NDUIT l CITY OF-+PETALUMA, CALIFORNIA . AGENDA BML _y Agenda Title: Resolution Authorizing the City Manager to Sign Meeting Date: Agreement with Sonoma County Water Agency (SCWA) for October 4, 1999 Funding Portion of Construction Costs for the U-shaped and Trapezoidal Channels of US Army Corps of Engineers Payran Reach Project 9724. Department Director: Contact Person: Phone Number: 7784304 Engineering Tom Hargis Tom Hargis Cost of Proposal: U-shaped Channel: $1,518,000 Amount Budgeted: $4,518,000 Trapezoidal Channel: $3,000,000 Account Number: 9724 Attachments to Agenda Packet Item: Exhibit IA— Sonoma County Water Agency Agreement — U-shaped Channel Exhibit 2A — Sonoma County Water Agency Agreement — Trapezoidal Channel Summary Statement: The Sonoma County Water Agency, through Zone 2A, is providing partial funding to construct portions of the US Army Corps of Engineers Payran Reach Project. The Payran Street Bridge was constructed utilizing $1.7 million of Zone 2A funds as part of a $2.9 million total cost. The Corps of Engineers has completed the U -Shaped Channel located downstream of the Lakeville Street Bridge and upstream of the Drill Line Railroad Bridge. The County budget includes $1,518,000 towards this project. One of the attached Agreements provides for reimbursement to the City for a share of the costs the City expended. The Zone 2A budget also includes $3,000,000 towards the trapezoidal channel which starts construction this month. The second Agreement provides for the transfer of funds prior to the completion of construction, An Agreement with legal wording acceptable to both the Sonoma County Water Agency and the City has been time consuming. Council Prioritv: THIS AGENDA ITEM Is CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR MORE OF THE 1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999. Priority(s): Implement and Revise General Plan. General Pian Section 11.4 Flood Hazards, Objective (d) Protect the community from risk of flood damage. Surface Water Management (Drainage) Plan. Recommended City Council Action: Approve and authorize the City Manager to sign Agreement with Sonoma County Water Agency for partial Funding of Design and Construction Costs for the U-shaped and Trapezoidal Channels. Reviewed by Finance Director- Reviewed by Citv Attorney: AlfpMved bV City Manager: Date: / 1� Date: Todav's Date: Revision to Revised: F le -Code: May 27, 1999 #1 Rev. 8/4/I�,°# Rev. 8/5/99, S/CIP/Drainage/9724/SCWA Agrmnt u- #3 Rev. 9/10/99 shaped & trapezoidal channels/cc-agenda- 6-21-99 CITY OF PETALUMA, CALIFORNIA SEPTEMBER 21,1999 AGENDA REPORT FOR i. , i,. i' 103131143 y4yd .. 0.i PROJECT 9724 1. EXECU'T'IVE SUMMARY: The Sonoma County Water Agency, -through Zone 2A, is providing partial funding to construct portions of the U.S. Army Corps of Engineers Payran Reach Project. The Payran Street Bridge was constructed utilizing $1.7 million of Zone 2A funds as part of a $2.4 million total cost. The Corps of Engineers has completed the U -Shaped Channel located downstream of the Lakeville Street Bridge and upstream of the Drill Line Railroad Bridge. The County budget includes $1,518,000 towards this project: One of the attached Agreements provides for reimbursement to the City of a share of the costs the City expends. The Zone 2A budget also includes $3,000,000 towards the trapezoidal channel which starts construction this month. The second Agreement provides for the transfer of funds prior to the completion of construction_ An Agreement with wording acceptable to both the Sonoma County Water Agency and the City has been time consuming. 2. BACKGROUND: As part of the Sonoma County Water Agency's development of a master drainage plan for the Petaluma Watershed, a ballot measure was taken to the Electorate to create a benefit assessment to implement many of the physical recommendations included in the report. At the time there was a special emphasis on funding improvements proposed for the main Petaluma River Channel in conjunction with the U.S. Army Corps of Engineers. It was anticipated that approximately $4 million would be raised through the benefit assessment with the major portion to go toward the Corps of Engineers project. in 1996, a second election measure passed which continued the benefit assessments but at a reduced level. As a result of this taxation measure over $6 million are available towards the Corps of Engineers project. For those projects utilizing Sonoma County Water Agency Zone 2A funds, the City has been funding the design, construction management and ancillary costs. The Water Agency funds have gone directly to construction costs. The Sonoma County Water Agency Zone 2A funded the construction costs of the Payran Bridge. The next phase of construction for funding could have been either the Lakeville Street Bridge, or, the U -Shaped Channel, and eventually a decision was made to use Water Agency funds for the Channel improvement. 3. ALTERNATIVES: o Approve the Resolution and authorize the City Manager to sign the agreement with the Sonoma County Water Agency for funding of a portion of construction costs of the U.S. Army Corps of Engineers Payran Reach Project if the City Attorney and Sonoma County Water Agency have agreed to wording changes. ® Do not approve the Resolution and request the Sonoma County Water Agency to fund the Mainline Railroad Bridge Replacement. o Do not approve the Resolution and do not construct the "C" Street Storm Drain Conduit Improvements. ® Bridge replacements and use local funds. 4. Financial Imnacts: o Provides $4,518,000 towards costs of U.S. Army Corps of Engineers Payran Reach Project. Conclusion: ® Approval of the two agreements provides reimbursement for funds already expended by City for construction activities to date. 6. Recommendation: ® Approve the Resolution. ® After Agreements are signed, the documents will be presented to the Sonoma County Water District Board (Board of Supervisors) for approval. The City can then request a transfer of funds to the City. April 27, 1999 Tom Hargis, P.E. City Engineer City of Petaluma Public Works Department 22 Bassett Street Petaluma, CA 94952 SONONIA C O U N T Y WATER A G E N C Y - FILE:PROJIPETALUMA RIVER CHANNEL IMPROVEMENTS, U -SHAPED CHANNEL/2-1144-7(CITY OF PETALUMA) TW 97198-114 AND FILE:PROJIPETALUMA RIVER CHANNEL IMPROVEMENTS, TRAPEZOIDAL CHANNEI-2-1-7 (FUND AGREE WITH CITY OF PETALUMA) TW 9819949 REIMBURSEMENT AGREEMENT FOR FUNDING OF PETALUMA RIVER FLOOD CONTROL PROJECT, U -SHAPED CHANNEL AND AGREEMENT FOR FUNDING OF PETALUMA RIVER CHANNEL IMPROVEMENTS PROJECT, TRAPEZOIDAL CHANNEL Dear Mr. Hargis: Enclosed please find five copies of each of the subject Agreements, If the Agreements are satisfactory, please have four copies of each Agreement signed by the City of Petaluma's (City) representative and return them to my attention. Please note that in the "Agreement for Funding of Petaluma River Channel Improvements Project, Trapezoidal Channel," Recital G, and paragraph E in Section 1, and the insurance language in Attachment C have been modified to read as follows: RECITALS G. In accordance with its agreement with the City, the Corps completed design of the Project, including all construction documents, and let the Project to bid. The Corps will award the Project to the lowest responsible bidder, administer the construction contract, and inspect the Project. 1. CITY'S RESPONSIBILITIES E. City shall ensure that the contractor constructing the Project insures and indemnifies the Agency using the language identified in Attachment C as the language for Agency insurance and indemnification requirements in the construction contract and shall provide evidence of such insurance and indemnification to Agency in a form satisfactory to Agency. 1.0 Bi,\ I lh'h, ',ant.i R, -,a. CA 9541it, - 'liu'l. "alba Rosa. CA 41401 - i 7u-1 5'l, -i;71) . P.n 1-U'i 544-612: map1trs3scxa\rs31u\techwlagremnl5\oet-uchannel fmd Goa version 09117/59 530 Pfd TW 97/98-114 REIMBURSEMENT AGREEMENT FOR FUNDING OF PETALUMA RIVER FLOOD CONTROL PROJECT, U -SHAPED CHANNEL This Agreement is between the Sonoma County Water Agency, on behalf of its Zone 2A, a body corporate and politic of the State of California (hereinafter "Agency"), and City of Petaluma (hereinafter "City"). RECITALS A. The Petaluma River Channel Improvement Projects consists of several phased projects including the U -Shaped Channel Project (hereinafter "Project"), described in Attachment A. Attachment B provides a location map of the Project. B. City and Agency have evaluated the serious flood and storm damage which occurs to existing residential and commercial structures within the Petaluma River area in the City of Petaluma. City, Agency, and Agency's Zone 2A Advisory Committee recommend that the Project be undertaken and expedited to help alleviate the potential damage to existing residential and commercial structures from flood or storm waters. C. Partial funding for the design and construction of this Project is included in allocation in the category of "Petaluma River Channel Improvements," Sub -object 7272, within the Agency's Petaluma Zone 2A fund (Account No. 673301) of the 1998/99 budget. D. City has entered into a cost-sharing agreement with the U.S. Corps of Engineers ("Corps") for design, National Environmental Policy Act ("NEPA") documentation, construction, and operation and maintenance of the Project, dated July 5, 1996, and entitled "Project Cooperation Agreement Between the Department of the Army and the City of Petaluma, California for the Construction of the Petaluma River Project." E. The cost-sharing agreement between the City and the Corps requires the Corps, upon completion of the Project and upon resolution of all relevant claims and appeals, to conduct a final accounting of the Project and to furnish the City with the results of the final accounting (hereinafter "statement of final accounting"). F It was the intent of the City and the Agency to enter into a standard funding agreement for design and construction of the Project prior to commencement of work, however, the agreement was never executed due to delays experienced by the City associated with the Corps design and bidding procedure. When the Corps completed its design process, the City was under tremendous time constraints to begin the Project and consequently the funding agreement with the Agency was inadvertently not completed prior to commencement of construction of the Project. G. The Corps and the City jointly prepared a final Environmental Impact Statement/Environmental Impact Report dated March 1995, entitled "Final Environmental Impact Statement/Environmental Impact Report Petaluma River Flood Control Improvements Section 205." H. The Corps, as the federal Lead Agency, filed a Record of Decision, dated June 1996, in accordance with NEPA, and the City, as the state Lead Agency, filed a Notice of Determination in accordance with the California Environmental Quality Act (Section 21152 of the Public Resources Code), entitled "Petaluma River Section 205 Flood Control Improvements," and dated September 6, 1995. ' I. In accordance with its agreement with the City, the Corps completed design of the Project, 'including all construction documents, let the Project to bid, awarded the Project to the lowest responsible bidder, administered the construction contract, and inspected the Project. J. Corps has completed the hydrology and hydraulics calculations and has provided the Agency with a copy in a document entitled "Petaluma River, City of Petaluma, California, Section 205 Detailed Project Report for Flood Control, Appendix A, Basis of Design," dated November 1994. Funning Agreement for Petaluma Channel Improvements, U-shaped Channel 1 K. The City and the Corps obtained all necessary permits, easements and right-of-way for construction of the Project. L. City is willing to retain ownership of any property or easements wherein said Project is constructed. M. City is requesting $1,518,000 from the Agency's Zone 2A fund for City's reimbursement for a portion of the design, construction, and inspection of the Project during the 1998 construction season. N. Agency and City do mutually desire to enter into an agreement for reimbursement of a portion of the design, construction, and inspection of said Project. AGREEMENT The City and Agency agree as follows: CITY'S RESPONSIBILITIES City shall ensure completion of construction of the Project at its cost and expense, except to the extent of Agency reimbursement is provided for in Section 2 below. In so doing: A. City shall provide Agency with a final complete set of all Project plans and specifications. B. City shall file the Notice of Completion and shall ensure that record drawings are prepared showing any changes, deletions, or additions to the Project. City shall provide a copy of the Notice of Completion to Agency within 30 calendar days of its filing and a final complete set of reproducible Project record drawings within 60 calendar days of completion of record drawings. C. All title to all Project facilities constructed pursuant to this Agreement shall vest with the City. D. City shall accept ownership of the Project. F. City shall maintain complete and accurate records of all transactions in compliance with generally accepted 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 the Agency at all reasonable times for inspection and analysis. G. Within 60 Calendar days of the City's receipt of a statement of final accounting of Project costs from the Corps, the City shall submit to the Agency a copy of the Corps' statement of final accounting for the following categories: • Design costs • Inspection and contract administration • Construction costs H. City agrees to defend, indemnify, hold harmless, and release Agency, its officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including City, arising out of or in connection with the execution of this agreement, the performance of City hereunder, or the Project, excluding liability due to the sole active negligence or willful misconduct of Agency. 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 City or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. In addition, City shall be liable to Agency for any loss or damage to Agency property arising from or in connection with City's performance hereunder. Notwithstanding the provisions herein, the City is not obligated by this Agreement to defend, indemnify, hold harmless, and release the Agency, its officers, agents, and employees with respect to any actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including the City, arising out of or in connection with the design, maintenance, or other act or omission of the Agency with respect to any Agency property or other Agency project which is not part of or directly related to the Project. I. City shall invoice the Agency for costs authorized under this Agreement. All invoices submitted to Agency by City shall be clearly marked with "City of Petaluma, Funding of Petaluma River Channel Improvements, U -Shaped Channel, Project(Task No. 3227-4, Account No. 673301-7272," unless otherwise instructed in writing by Agency Project Manager. Funding Agreement tar Petaluma Channel Improvements, U-shaped Channel 2. AGENCY'S RESPONSIBILITIES Upon receipt of an invoice, Agency will deposit with City $1,518,000, which is to reimburse City for Agency's share of Project's design, construction, and inspection costs. 3. ADDITIONAL REQUIREMENTS If the Project cost accounting statement submitted under Section 1 item G of this Agreement demonstrates that Project costs are less than the amounts paid to City, City shall refund difference to Agency within 30 days of submitting said statement to Agency. Funding Agreemem lar P.Wu.m Channel Improvements, U-shaped Channel 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below. Reviewed as to substance Approved as to Form: by Agency: Department Head Approved as to funds by Agency: City Attorney Approved: Department Head Division Manager - Administrative Services Reviewed as to form Approved: by County Counsel: Risk Manager County Counsel Approved: Finance Director City of Petaluma By: City Manager Date: Attest: City Clerk Sonoma County Water Agency By: Chair. Board of Directors Date: Attest: County Clerk, and ex -officio Clerk of the Board of Directors Funding Agreement for Petaluma Channel Improvemems, U-shaped Channel M ATTACHMENT A 51:919:1129M09612:11zli"IM"I The Project consists of constructing approximately 24,900 square feet of steel sheet pile flood wall with anchor piles and approximately 2,400 square yards of gravel service road. Additional features of the Project include dredging and disposal of approximately 8,300 cubic yards of soil within the new channel to -5 feet MLLW plus 1 foot allowable overdepth, fabrication and installation of approximately 745 linear feet of concrete pile cap with steel handrail, and miscellaneous concrete work, chain link fencing, riprap, and storm drain modifications. Funning Agreement for Petaluma River Channel Improvements, U -Shaped Channel A-1 Attachment B h f V f1 "AL'jMA -CI�ICtv1- ,'J� v, >C�`•IC _ _ri __ _ -__ -`_ .a_'I,1- _ DEP'\Vs'isnvalr.,3WltemwlWgremrlsyet uapez_�and IndZd= version: MI M9616PM TW 98199-49 REIMBURSEMENT AGREEMENTFOR FUNDING OF PETALUMA RIVER CHANNEL IMPROVEMENTS PROJECT, TRAPEZOIDAL CHANNEL This Agreement is between the Sonoma County Water Agency, on behalf of its Zone 2A, a body corporate and politic of the State of California (hereinafter "Agency"), and City of Petaluma (hereinafter "City"). RECITALS A. The Petaluma River Channel Improvements Project consists of several phased projects including the Trapezoidal Channel (hereinafter "Project"), described in Attachment A. Attachment B provides a location map of the Project B. City and Agency have evaluated the serious flood and storm damage which occurs to existing residential and commercial structures within the Petaluma River area in the City of Petaluma. City, Agency, and Agency's Zone 2A Advisory Committee recommend that the Project be undertaken and expedited to help alleviate the potential damage to existing residential and commercial structures from flood or storm waters. C. Partial funding for the construction of this Project is available from allocation in the category of "Petaluma River Channel Improvements," Sub -object 7272, within the Agency's Petaluma Zone 2A fund (Account No.673301) of the 1998199 budget. D. City has entered into a cost-sharing agreement with the U.S. Department of the Army Corps of Engineers ("Corps") for design, National Environmental Policy Act ("NEPA") documentation, construction, and operation and maintenance of the Project, dated July 5, 1996, entitled "Project Cooperation Agreement Between the Department of the Army and the City of Petaluma, California for the Construction of the Petaluma River Project." E. The cost-sharing agreement between the City and the Corps requires the Corps, upon completion of the Project and upon resolution of all relevant claims and appeals, to conduct a final accounting of the Project and to furnish the City with the results of the final accounting (hereinafter "statement of final accounting"). F. The Corps and the City jointly prepared a final Environmental Impact Statement/Environmental Impact Report dated March 1995, entitled "Final Environmental Impact Statement/Environmental Impact Report Petaluma River Flood Control Improvements Section 205." G. The Corps, as the federal Lead Agency, filed a Record of Decision, dated June 1996, in accordance with NEPA, and the City, as the state Lead Agency, filed a Notice of Determination in accordance with the California Environmental Quality Act (Section 21152 of the Public Resources Code), entitled "Petaluma River Section 205 Flood Control Improvements," dated September 6, 1995. H. The City and the Corps obtained all necessary permits for construction of the Project. I. City owns or will acquire, and is willing to retain ownership of, any property or easements wherein said Project will be constructed. J. In accordance with its agreement with the City, the Corps completed design of the Project, including all construction documents, and let the Project to bid, awarded the Project to the lowest responsible bidder, and is administering the construction contract, and inspecting the Project. Fuw Amaement(m Peta ma RNK Channel impmvemems Tmoe ictal Channel K. Corps has completed the hydrology and hydraulics calculations and has provided the Agency with a copy in a document entitled "Petaluma River, City of Petaluma, California, Section 205 Detailed Project Report for Flood Control, Appendix A, Basis of Design," dated November 1994. L. City is requesting $3,000,000 from the Agency's Zone 2A fund for City's reimbursement for a portion of the construction of the Project during the 1999 construction season. M. Agency and City do mutually desire to enter into an agreement for reimbursement of a portion of the construction of said Project. AGREEMENT City and Agency agree as follows: 1. CITY'S RESPONSIBILITIES City shall ensure completion of construction of the Project at its cost and expense, except to the extent of Agency funding provided for in Section 2 below. In so doing: A. City shall provide Agency with a final complete set of all Project plans and specifications. B. City shall ensure that the contractor constructing the Project insures and indemnifies the Agency using the language identified in Attachment C as the language for Agency insurance and indemnification requirements in the construction contract and shall provide evidence of such insurance and indemnification to Agency in a form satisfactory to Agency. C. City shall file the Notice of Completion, and shall ensure that record drawings are prepared showing any changes, deletions, or additions to the Project. City shall provide a copy of the Notice of Completion to Agency within 30 calendar days of its filing and a final complete set of reproducible Project record drawings within 60 calendar days of completion of record drawings. D. All title to all Project facilities constructed pursuant to Agreement shall vest with the City. E. City shall accept ownership of the Project. F. City shall maintain complete and accurate records of all transactions in compliance with generally accepted 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 the Agency at all reasonable times for inspection and analysis. G. Within 60 calendar days of the City's receipt of a statement of final accounting of Project costs from the Corps, the City shall submit to the Agency a copy of the Corps' statement of final accounting for construction costs. K City agrees to defend, indemnify, hold harmless, and release Agency, its officers, agents, and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including City, arising out of or in connection with the execution of this Agreement, the performance of City hereunder, or the Project, excluding liability due to the sole active negligence or willful misconduct of Agency. 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 City or its agents under workers' compensation acts, disability benefits acts, or other employee benefit acts. In addition, City shall be liable to Agency for any loss or damage to Agency property arising from or in connection with City's performance hereunder. Notwithstanding the provisions herein, the City is not obligated by this Agreement to defend, indemnify, hold harmless, and release the Agency, its officers, agents, and employees with respect to any actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including the City, arising out of or in connection with the design, maintenance, or other act or omission of the Agency with respect to any Agency property or other Agency project which is not part of or directly related to the Project. F 01 9 Agreement tvr P.J.4 a R.e Chary i lmmwemems, T..,dd Ch .J City shall invoice the Agency for costs authorized under this Agreement. All invoices submitted to Agency by City shall be clearly marked with "City of Petaluma, Funding of Petaluma River Channel Improvements, Trapezoidal Channel, Projectffask No. 3578-2 and Account No. 673301-7272," unless otherwise instructed in writing by Agency Project Manager. 2. AGENCY'S RESPONSIBILITIES A. Upon receipt of an invoice thereof, and receipt of evidence of insurance and indemnification, Agency will deposit with City $3,000,000, which is to reimburse City for Agency's share of Project construction costs. 3. ADDITIONAL REQUIREMENTS A. Agency's General Manager/Chief Engineer is authorized to approve an amendment to this Agreement increasing Agency's contribution to Project construction costs by an additional amount not to exceed $200,000, but only upon his determination that the lowest responsible bid reflects reasonable costs and that additional funds are available in Agency's Zone 2A account B. If the Project cost final accounting statement submitted under Section 1 item G of this Agreement demonstrates that Project construction costs are less than the amounts paid to City, City shall refund difference to Agency within 30 calendar days of submitting said statement to Agency. Funang Agnaementtor Petaluma Rrver Channel lmpmveme , Tmnezemal Chamet IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below. Reviewed as to substance by Agency: Department Head Approved as to funds by Agency: Division Manager -Administrative Services Reviewed as to form by County Counsel: County Counsel Attest: City Clerk Attest: County Clerk, and ex -officio Clerk of the Board of Directors F..,N Agreement for Petaluma Rwe Channel Imwavemenrs, hac^_mitlal Charnel Approved as to form: Attorney, City of Petaluma Approved: Department Head, City of Petaluma Approved: Risk Manager, City of Petaluma Approved: Finance Director, City of Petaluma City of Petaluma By: Title: Date: Sonoma County Water Agency By: Chair, Board of Directors Date: 4 ATTACHMENT A DESCRIPTION OF PROJECT The Project consists of modifying approximately 3,000 lineal feet of the existing Petaluma River to a trapezoidal - shaped channel. The trapezoidal channel will have 2 feet horizontal to 1 foot vertical side slopes and a bottom that will vary in width from 45 feet to 70 feet at various locations. The Project includes construction of a concrete notched trapezoidal -shaped channel constriction intended to prevent erosion upstream of the Project; construction of approximately 4,100 linear feet of floodwall ranging in height from 0 to 6.5 feet; construction of various mitigation benches, two mitigation areas, 10,000 square yards of gravel service road; revegetation; excavation Of approximately 95,000 cubic yards of material, placement and compaction of approximately 25,000 cubic yards of the material, and disposal of approximately 70,000 cubic yards of the material; placement of riprap; and miscellaneous concrete work and storm drain modifications. The trapezoidal channel will begin in the vicinity of the railroad bridge located just upstream of the new Lakeville Street bridge and will continue upstream to end near the Petaluma River confluence with Lynch Creek. The floodwall will be constructed in the trapezoidal channel area along portions of both sides of the Petaluma River and approximately 1,050 feet along the south side of Washington Creek commencing from its confluence with the Petaluma River. The City of Petaluma is in the process of designing a Channel Improvement Transition project located between the upstream end of the U -Shaped Channel Improvements project and the downstream end of the Trapezoidal Channel Improvements project. The Channel Improvement Transition project and the Trapezoidal Channel Improvements project are both scheduled to be constructed during the 1999 construction season. The U -Shaped Channel Improvements and the new Lakeville Street bridge were constructed during the 1998 construction season. Funding Agreement for Petaluma River Channel lmprwememer TracemiCal Channel A-1 S I Y ?ETAL'JMA SONOMA ."II[Jll VTY sIWATER 1G£y CT PE AOJMA SA=iN NATE, SHED CNE _- E:TA.LUMA. RIVER CHANNEL MPROVEiEN- TRIPE_CIOAC C .^MME_ =cCJE: '`11CINI-Y M, aTTACHMPIT ATTACHMENT C WORDING FOR CONSTRUCTION CONTRACT INDEMNIFICATION Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release Sonoma County Water Agency and the City of Petaluma, their agents and employees, from and against any and all actions, claims, damages, liabilities, or expenses that may be asserted by any person or entity, including Contractor, arising out of or in connection with the performance of Contractor hereunder, whether or not there is concurrent negligence on the part of Sonoma County Water Agency or the City of Petaluma, but excluding liability due to the sole active negligence or sole willful misconduct of Sonoma County Water Agency or the City of Petaluma. 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 Contractor or its agents under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. INSURANCE The Contractor shall obtain insurance acceptable to City of Petaluma from a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City. With respect to performance of work under this contract, Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below: A. Workers' Compensation Insurance with statutory limits as required by the Labor Code of the State of California. Said policy shall be endorsed with the following specific language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency and the City of Petaluma. B. Commercial General Liability Insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount no less than $1,000,000 combined single limit for each occurrence. Said commercial general liability insurance policy shall either be endorsed with the following specific language or contain equivalent language in the policy: 1. The Sonoma County Water Agency and the City of Petaluma, their officers and employees, are named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this contract. Z The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured, but the inclusion of more than one insured shall not operate to increase the limits of the company's liability. 3. The insurance provided herein is primary coverage to the Sonoma County Water Agency and the City of Petaluma with respect to any insurance or self-insurance programs maintained by the Sonoma County Water Agency or the City of Petaluma. 4. This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency and the City of Petaluma. Feeing Agreemem for Petaluma River Channel ImPr emenle Raoexuial Channel C-1 C. Automobile Liability Insurance covering bodily injury and property damage in an amount no less than $1,000,000 combined single limit for each occurrence. Said insurance shall include coverage for owned, hired, and non -owned vehicles. Said policy shall be endorsed with the following language: This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the Sonoma County Water Agency and the City of Petaluma. Funding Agre_wnent for Petaluma R,,er Cnar llmvr amems Tmaa=cal Cha -s 2