HomeMy WebLinkAboutStaff Report 4.B 02/01/2016Agenda Item #4.B
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DATE: February 1, 2016
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Dan St , L5ASCE — Director, Public Works and Utilities
Larry Zimmer, P.E. — Deputy Director, Public Works and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute the Agreement for Partial
Funding of the Petaluma River Flood Control Project with the Sonoma County
Water Agency
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute the Agreement for Partial Funding of the Petaluma River Flood Control
Project with the Sonoma County Water Agency.
BACKGROUND
The City and the US Army Corps of Engineers (USACE) have been working together since 1988
to reduce or prevent a recurrence of flooding. The Petaluma River Flood Control Project
included an earthen trapezoidal channel starting near Lynch Creek which transitions to a steel
sheet - pile -lined U- shaped channel that extends from a point about 200 feet upstream of the
Lakeville Street Bridge down to the downstream end of the project. The project was 95%
complete in 2006.
Timing of the last section of the sheet -pile wall upstream of the Lakeville Street railroad trestle
was delayed during the initial construction period due to timing of the trestle replacement. The
remaining work, approximately 5% of the project, was further delayed due to funding
reallocation by the Corps. The remaining work included completing the sheet -pile wall on both
sides of the River, channel excavation to remove sediment in the vicinity of the sheet -pile wall
construction, minor embankment stabilization, and resetting the San Carlos outfall structure,
which failed during the 2005/06 storm event.
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." The City, as the state Lead Agency, certified, approved and adopted the Environmental
Impact Report by City Council Resolution No. 95 -242 N.C. S. The City then 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. The Corps, as the federal Lead Agency, filed a
Record of Decision, dated June 1996, in accordance with NEPA. The environmental compliance
documents from 1995 addressed the environmental impacts of the final portion of the flood
control project in the vicinity of Lakeville Street.
The Sonoma County Water Agency (Water Agency) Zone 2A Advisory Committee committed
matching funds of up to $490,000. The proposed action would approve the funding agreement,
attachment 2, with the Water Agency for the recommended budget of up to $490,000, which
represents one -half of the local match needed to finalize the project. Zone 2A financial
participation in this project during the initial funding effort included $1,518,000 for the U- shaped
channel portion through a Reimbursement Agreement executed in 1999 and $3 million for the
Trapezoidal Channel through a second Reimbursement Agreement, also in 1999. Discussion
with the Water Agency during the design phase of the remaining portion of the project resulted
in a verbal commitment by the management staff to work with the City to ensure maintenance of
the project in perpetuity through the SCWA stream maintenance program.
The USACE executed the construction contract this past July; construction began in August and
was completed by mid - December 2015. The City is not aware of any construction claims
associated with the project and record documents will be provided by the USACE approximately
60 days from construction completion.
The proposed action meets Council Goals and Priorities as follows:
Goal: Maintain a Safe Petaluma
Priority: Complete Flood Control Projects — Petaluma River Flood Control Project
DISCUSSION
It is recommended that the City Council approve the funding agreement to secure up to $490,000
in funding from the Water Agency through Zone 2A to close out the subject project. Once
approved by Council, the Water Agency Board is expected to take final action to authorize the
Funding Agreement.
FINANCIAL IMPACTS
The project is funded by the US Department of the Army, the City of Petaluma and the Water
Agency through Zone 2A. The local cost allocation is established in the Project Cooperation
Agreement, executed with the USACE on July 5, 1996. Resolution No. 99 -199 N.C.S. authorized
the Agreement with the Sonoma County Water Agency for funding a portion of the original
project costs. The spreadsheet within the adopted FY 15 -16 CIP budget reflects the SCWA
portion of the remaining local share as follows:
Project Number
C16301307
FY 15/16 CIP Budget
Construction Contracts
$2,780,000
Construction Management
$ 20,000
Project Cost
$2,800,000
2
Funding Sources and Status
Storm Drainage Impact Fees
$ 490,000
Sonoma County Water Agency,
Zone 2A (approved)
$ 490,000
US Army Corps of Engineers
$1,820,000
Total
$2,800,000
If the cost share agreement were not approved, the City would be responsible for the entire local
match of approximately $980,000.
ATTACHMENTS
1. Resolution
2. Sonoma County Water Agency Funding Agreement
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT FOR PARTIAL FUNDING OF THE
PETALUMA RIVER FLOOD CONTROL PROJECT WITH THE
SONOMA COUNTY WATER AGENCY
WHEREAS, the Petaluma River Project was approved for construction by the US Army
Corps of Engineers for the South Fn 1 pursuant authority
contained in Section 205 of t e Flood Control A t of 1948 as amended, 33 U.S.C. U S C701s; and
WHEREAS, the City of Petaluma has adopted goals, policies and programs calling for
the provision of surface drainage and flood protection facilities to meet the community's needs
of reducing flood hazards and potential property damage; and
WHEREAS, the City has approved a capital improvement project in the amount of
$2,800,000 for the completion of the Petaluma River Flood Control Project; and
WHEREAS, the US Army Corps of Engineers has received authorized funding to
complete the capital project originally approved, authorized, and agreed upon in 1996; and
WHEREAS, the Sonoma County Water Agency has approved $490,000 in funding for
the project; and
WHEREAS, the original project was approved through a joint Environmental Impact
Report/Environmental Impact Statement Federal Lead Agency, which was certified,iapproved and
the US Army Corps of Engineers as the and adopted by the City through Resolution
impacts of the final environmental portion of the flood
documents from 1995 addresse d he environmental
control project in the vicinity of Lakeville Street.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute the Agreement for partial funding of the
Petaluma River Flood Control Project with the Sonoma County Water Agency in the amount of
up to $490,000.
rd
Attachment 2
For accessibility assistance with this document, please contact the Sonoma County Water Agency Technical Writing Section at (707) 547 -1900,
Fax at (707) 544 -6123, or TDD through the California Relay Service (by dialing 711).
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TW 15/16 -027
AFB' Agreement for Partial Funding of Petaluma River Flood Control
Project, Lakeville Street Vicinity
This agreement ( "Agreement ") is by and between Sonoma County Water Agency, on behalf
of Petaluma Flood Control Zone 2A ( "Water Agency ") and City of Petaluma ( "City ").
RECITALS
A. The Petaluma River Project consists of several phased projects concluding with this final
phase entitled "Petaluma River Flood Control Project, Lakeville Street Vicinity" (Project).
The Project includes construction of a sheetpile wall extension and various enhancements in
the Lakeville Street vicinity described in Exhibit A. Exhibit B provides a location map of the
Project.
B. The City and The Water Agency have evaluated the serious flood and storm damage which
occurs to existing residential and commercial structures within the City's Petaluma River
area. The Water Agency's Petaluma Flood Control Zone 2A Advisory Committee
recommends that the Project be undertaken and expedited to help alleviate potential
damage to existing residential and commercial structures from flood or storm waters.
C. Partial funding for the construction of the Project is available from allocation in the category
of "Petaluma River Channel Improvement," within the Water Agency's Petaluma Zone 2A
fund of the 2015/2016 budget.
D. The 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, 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.
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 Agency, ral Lead A , filed a Record of Decision, dated June 1996, in
Y
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.
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity
H. The City owns or will acquire, and is willing to retain ownership of, any property or
easements, with the exception of lands owned by the Water Agency, wherein said Project
was constructed and is willing to operate and maintain said Project in perpetuity.
I. 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, administered the construction contract, and inspected the
Project.
J. The Corps has completed the hydrology and hydraulics calculations and has provided the
Water 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.
K. The City is requesting up to $490,000 from the Water Agency's Zone 2A Flood Control fund
for design and construction of the Project during the 2015 construction season.
L. The Water Agency and the City do mutually desire to enter into an agreement for
reimbursement of a portion of the construction of said Project.
In consideration of the foregoing recitals and the mutual covenants contained herein, the
parties hereto agree as follows:
AGREEMENT
The City and Water Agency agree as follows:
1. RECITALS
1.1. The above recitals are true and correct.
2. LIST OF EXHIBITS
2.1. The following exhibits are attached hereto and incorporated herein:
a. Exhibit A: Project Description
b. Exhibit B: Location Map
3. COORDINATION
3.1. City shall coordinate the work with Water Agency's Project Manager. Contact
information and mailing addresses:
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity (a
Water Agency
Project Manager: Susan Haydon
404 Aviation Boulevard
Santa Rosa, CA 95403 -9019
Phone: 707 - 547 -1937
Email: Susan. Haydon @scwa.ca.gov_
Remit invoices to:
Susan Bookmyer
Same address as above or
Email: susan bookmyer @scwa
Contact: Erica Ahmann Smithies
202 No. McDowell Boulevard
Petaluma, CA 94954
Phone: 707 - 776 -3673
Email: eahmann @ci petaluma.ca.us
Remit payments to:
Attn: Accounts Receivable
Same address as above
4. CITY'S RESPONSIBILITIES
City has completed or shall complete the following at its cost and expense, except to the
extent of Water Agency funding provided for in Sections 5 and 6 below.
4.1. General: City performed all work in accordance with the requirements of
applicable federal, state, and local laws.
4.2. Final Plans and Specifications: City shall prepare and provide Water Agency with
a final complete set of all Project construction documents. Such documents shall
be "conformed" copies prepared by and signed and stamped by, or under the
responsible charge of, appropriately registered professionals of the Corps. The
10 -year hydraulic grade line shall be drawn on the final Project profile drawing.
4.3. Indemnification:
Indemnification Obligation of City:
i. City agrees to accept all responsibility for loss or damage to any person or
entity, including Water Agency, and to indemnify, hold harmless, and
release Water Agency, its officers, agents, and employees, from and
against any actions, claims, damages, liabilities, disabilities, or expenses,
that may be asserted by any person or entity, including City, that arise
out of, pertain to, or relate to City's or its agents', employees',
contractors', subcontractors', or invitees' performance or obligations
under this Agreement. City agrees to provide a complete defense for any
claim or action brought against Water Agency based upon a claim relating
to City's or its agents', employees', contractors', subcontractors', or
invitees' performance or obligations under this Agreement. City's
obligations under this Paragraph 4.3 apply whether or not there is
concurrent negligence on the part of Water Agency, but, to the extent
required by law, excluding liability due to conduct of Water Agency.
Water Agency shall have the right to select its legal counsel at City's
expense, subject to City's approval, which shall not be unreasonably
withheld. This indemnification obligation is not limited in any way by any
limitation on the amount or type of damages or compensation payable to
or for City or its agents, employees, contractors, subcontractors, or
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity 7
invitees under workers' compensation acts, disability benefits acts, or
other employee benefit acts.
4.4. Construction: City worked with the Corps to ensure construction of the Project
was completed in accordance with the Final Plans and Specifications.
4.5. Contract Administration: City administered the contract for construction of the
Project.
4.6. Inspection: City inspected the Project concurrently with inspections by the
Corps.
4.7. Notice of Completion and Record Drawings: City shall file the Notice of
Completion for construction and provide a copy to Water Agency within 30
calendar days of its filing. City shall provide record drawings prepared by the
Corps showing any changes, deletions, or additions to the Project and provide
reproducible set to Water Agency within 60 calendar days of completion of
record drawings.
4.8. Title: All title to all Project facilities constructed pursuant to this Agreement shall
vest with City.
4.9. Operation and Maintenance: City shall accept ownership and shall operate and
maintain Project, in coordination with the Water Agency, in perpetuity.
4.10. Records: 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 Water Agency at all reasonable times for inspection and
analysis.
Statement of Costs: Within 60 days of the City's receipt of a statement of final
accounting of Project costs from the Corps, the City shall submit to Water
Agency a statement of complete accounting of the Corps Project costs for:
a. Design and other pre- construction costs
b. Inspection and contract administration
c. Construction costs
d. Change orders
4.11. Invoices: City shall bill Water Agency for costs authorized under this Agreement,
with an invoice that is clearly marked with "City of Petaluma, Funding of
Petaluma River Flood Control Project, Lakeville Street Vicinity, Project- Activity
Code F0361M004."
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity
5, WATER AGENCY'S RESPONSIBILITIES
5.1. Total Amount to be Funded: The total amount payable by Water Agency under
this Agreement shall not exceed $490,000.
5.2. Initial Payment: Upon execution of this Agreement and receipt of an invoice
thereof, Water Agency will deposit with City $353,500.
5.3. Subsequent Payment: Upon receipt of an invoice Water Agency will deposit with
City no more than $136,500 to finance Water Agency's share of City's Project
costs for:
a. Inspection and contract administration
b. Construction costs
c. Change orders
6. ADDITIONAL REQUIREMENTS
6.1. Term of Agreement: This Agreement shall expire on December 31, 2017.
6.2. Excess s Costs: If the Project costs exceed the total amount authorized under this
Agreement, City shall:
a. Fund Project costs in excess of the authorized amounts without additional
contribution from Water Agency; or
b. Request additional funding from Water Agency. In such event, City shall
submit a revised Project cost estimate to Water Agency's General Manager
with a written request, including reasons for cost overruns. Water Agency is
under no obligation to approve such requests. If Water Agency's General
Manager determines that the revised costs are reasonable and that
additional funds are available in Water Agency Zone 2A Flood Control fund
account, Water Agency may, in its discretion, amend this Agreement to
increase Water Agency's contribution to Project pursuant to Paragraph 6.3
below. If Water Agency's General Manager does not so determine, City shall
proceed pursuant to Paragraph 6.2.a .
6.3. Authority to Amend Agreement: Changes to the Agreement may be authorized
only by written amendment to this Agreement, signed by both parties. Minor
changes, which do not increase the amount paid under the Agreement, and
which do not significantly change the scope of the agreement or significantly
lengthen time schedules may be executed by the Water Agency's General
Manager in a form approved by County Counsel.
6.4. Refund of Remaining Funds: If the Project cost accounting statement submitted
under Paragraph 4.10 of this Agreement demonstrates that Project costs are less
than the amounts paid to City, City shall refund difference to Water Agency
within 30 calendar days of submitting said statement to Water Agency.
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity
6.5. No Waiver of Breach: The waiver by Water Agency of any breach of any term or
promise contained in this Agreement shall not be deemed to be a waiver of such
term or promise or any subsequent breach of the same or any other term or
promise contained in this Agreement.
6.6. Construction: To the fullest extent allowed by law, the provisions of this
Agreement shall be construed and given effect in a manner that avoids any
violation of statute, ordinance, regulation, or law. The parties covenant and
agree that in the event that any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of
the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated thereby.
City and Water Agency acknowledge that they have each contributed to the
making of this Agreement and that, in the event of a dispute over the
interpretation of this Agreement, the language of the Agreement will not be
construed against one party in favor of the other. City and Water Agency
acknowledge that they have each had an adequate opportunity to consult with
counsel in the negotiation and preparation of this Agreement.
63. No Third -Party Beneficiaries: Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in third
parties.
6.8. Applicable Law and Forum: This Agreement shall be construed and interpreted
according to the substantive law of California excluding the law of conflicts. Any
action to enforce the terms of this Agreement or for the breach thereof shall be
brought and tried in the County of Sonoma.
6.9. Captions: The captions in this Agreement are solely for convenience of
reference. They are not a part of this Agreement and shall have no effect on its
construction or interpretation.
6.10. Merger: This writing is intended both as the final expression of the Agreement
between the parties hereto with respect to the included terms and as a
complete and exclusive statement of the terms of the Agreement, pursuant to
Code of Civil Procedure Section 1856. No modification of this Agreement shall
be effective unless and until such modification is evidenced by a writing signed
by both parties.
6.11. Survival of Terms: All express representations, waivers, indemnifications, and
limitations of liability included in this Agreement will survive its completion or
termination for any reason.
6.12. Time of Essence: Time is and shall be of the essence of this Agreement and
every provision hereof.
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity �. V
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last
signed by the parties to the Agreement.
TW 15/16 -027
Reviewed as to substance:
By:
Water Agency General Manager
Reviewed as to funds:
Rv-
Water Agency Division Manager -
Administrative Services
Approved as to form:
By:
Adam Brand, Deputy County Counsel
Sonoma County Water Agency
By:
Chair, Board of Directors
Date:
Attest:
By:
Clerk of the Board
Approved:
Rv•
Department Director
Approved:
By:
Finance Director
Approved as to form:
By:
City Attorney
Approved:
Rv
City's Risk Manager
City of Petaluma
Rv
City Manager
Date:
Attest:
By:
City Clerk
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity
Exhibit A
Project Description
Petaluma River Flood Control Project, Lakeville Street Vicinity
The Project is located within the city limits of Petaluma, and consists of construction of a series
of short, discreet enhancements, extensions, or repairs associated with the Petaluma River in
the vicinity of Lakeville Street. The work includes the completion of approximately 200 feet of
channel widening and transition; approximately 100 linear feet of sheet -pile floodwall with 15-
foot wide maintenance road by the Lakeville Street Bridge and SMART rail trestle; an
embankment repair; and excavation of sediment on the channel bottom to restore design
storm carrying capacity.
Project details include, but are not limited to, clearing and grubbing; earthwork; construction of
steel sheet pile wall extension, including anchor rods, anchor piles, metal guardrail, and
concrete cap; repair to existing floodwall concrete pile cap; repair to the San Carlos outfall
structure; and repair to an embankment slide.
1 '''
Agreement for Partial Funding of Petaluma River Flood Control Project, Lakeville Street Vicinity
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