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HomeMy WebLinkAboutStaff Report 5.E 08/07/2017Agenda Item #5.E . F DATE: August 7, 2017 TO: Honorable Mayor and Members of the City Council through City Manager FROM: (Dan It/ CE — Director, Public Works and Utilities La y Zi er, P.E. — Capital Projects Manager SUBJECT: Resolution Authorizing the City Manager to Execute an Agreement for Partial Funding of the Petaluma River Flood Management Denman Reach Phase 4 Project with the Sonoma County Water Agency and Revising the Project Budget RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute an Agreement for Partial Funding of the Petaluma River Flood Management Denman Reach Phase 4 Project with the Sonoma County Water Agency and Revising the Project Budget. BACKGROUND Completing flood mitigation projects within the Petaluma Watershed in concert with the development of a river and creek front trail system was envisioned in the 1996 River Access and Enhancement Plan and was adopted as a policy in the General Plan 2025 in 2008. There are three vacant parcels located on the west side of Industrial Avenue that were originally sought to be acquired by the City so terracing could be completed along the Denman Reach of the Petaluma River to lower flood waters and construct a river front access trail. During the Denman Reach Phase 3 project, due to funding limitations, only two of the three properties were acquired. In the fall of 2016, the Sonoma County Water Agency (Agency) approached the City of Petaluma with an opportunity for $1.9 million' in California Department of Water Resource (DWR) proposition lE grant funding for a flood prevention project. The proposed "Phase 4" project was developed to compete for these funds and to acquire the third vacant parcel on Industrial Ave of 5.47 acres, create a flood detention basin, and remove a sediment plug in the Petaluma River at the Corona Road Bridge. The project would also protect river corridor open space, create additional river access trails, and increase riparian habitat in the Denman Reach area. In May 2017, DWR approved an amendment to an existing Prop 1E grant agreement to allow the Agency to complete the Petaluma River Flood Management Denman Reach 4 project in lieu of a previously approved project in Sonoma Valley. DISCUSSION A draft agreement between the Agency and the City of Petaluma is included as Attachment 2. The final agreement will be substantially based on this draft and set a funding level of $2,634,624 with $1,754,322 coming from the DWR Prop lE Grant and $880,302 from the Agency Zone 2A District budget. Under the agreement, the City will contribute $29,165 of in- kind services as a fund match, perform project management, and provide perpetual maintenance of the newly acquired property and the constructed flood control measures. A draft agreement was prepared to address issues related to the acquisition of the real property interests, and the respective rights and obligations of the Agency and the City concerning construction and maintenance of the project. Authorization is sought from Council to execute an agreement with the Agency for the project, subject to final approval by the City Attorney and City Manager of the final agreement after confirmation that it is in substantial conformance with Attachment 2 and the needs and interests of the City are met. Delegation of authority to the City Manager will help advance the project within the tight deadlines that apply to the project funds. It is recommended that the City Council authorize the City Manager to execute an agreement for of the Petaluma River Flood Management Denman Reach Phase 4 Project with the Sonoma County Water Agency to secure up to $2,635,000 in funding from a DWR Prop lE grant and the Agency Zone 2A. FINANCIAL IMPACTS The project is currently in the FY 17/18 CIP budget; however, the proposed action will require a budget adjustment to increase the total project budget by $131,600 and to commit $29,000 in City "in- kind" match of staff resources for the project. The project is primarily funded by the State Department of Water Resources and the Agency Zone 2A. No General Fund dollars are being used for this project. Petaluma River Flood Management Denman Reach 4 C16307122 Uses (Dollars in $ 000) Proposed Budget FY17- 18/FY18 -19 Revised Budget FY17- 18/FY18 -19 Planning/Enviromnental 102 166 Land/Easements 1,125 Design 37 54 Legal Services Administration 29 47 Construction Contracts 2,233 1,140 Construction Management 132 132 Contingency CIP Overheads Total Uses 2,533 2,664 2 Sources (Dollars in $000) Proposed CIF Budget FY17- 18/FY18 -19 Revised CIP Budget FY17- 18/FY18 -19 Storm Drainage Fees 29 SCWA Zone 2A Assessments 1,542 881 Dept. of Water Resources Grant 991 1,754 Total Funds 2,533 2,665 ATTACHMENTS 1. Resolution 2. Sonoma County Water Agency Draft Funding Agreement 3. Location Map Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PARTIAL FUNDING OF THE PETALUMA RIVER FLOOD MANAGEMENT DENMAN REACH PHASE 4 PROJECT WITH THE SONOMA COUNTY WATER AGENCY AND REVISING THE PROJECT BUDGET WHEREAS, the City of Petaluma has adopted policies calling for the development of flood terraces and a riverfront trail system in the 1996 River Access and Enhancement Plan and the 2008 General Plan 2025; and WHEREAS, the Sonoma County Water Agency has been awarded an initial grant from the State Department of Water Resources in the amount of $1,754,322 for land acquisition and flood control management in the Denman Reach area of the Petaluma River; and WHEREAS, the Sonoma County Water Agency (Agency) has approved $750,000 in funding for the project; and WHEREAS, the Agency Zone 2A committee is expected to recommend to the Agency governing board addition funding in the amount of $131,600 for the project; and WHEREAS, the Agency provided a draft agreement to provide $2,635,000 in funding to the City to execute a flood protection project to acquire a vacant 5.47 -acre parcel on Industrial Avenue, create a flood detention basin, create additional river front trails, and remove a sediment plug in the Petaluma River at the Corona Road Bridge. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Petaluma hereby: 1. Authorizes the City Manager to Execute an Agreement for Partial Funding of the Project with the Sonoma County Water Agency in an amount of up to $2,635,000 based on the draft included as Attachment 2 to the staff report for this item (which attachment made a part of this resolution by reference) subject to approval by the City Manager of the final agreement terms and confirmation by the City Attorney that the agreement terms appropriately address the needs of the project and the City's interests. 2. The Council approves the amendment to the existing project, Petaluma River Flood Management Denman Reach Phase 4 C16301722, to adjust the budget during the next available quarterly budget adjustment cycle to reflect the revised project budget of $2,665,000, including $29,000 in "in- kind" project staff resources as presented. n W 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). js: s: \techw \agreements \1617- 163.docx version: 7 /17/2017 2:16:00 PM TW 16/17 -163 DRAFT Agreement for Funding of the Petaluma River Flood Management and.Enhancement Project This agreement ( "Agreement ") is by and between Sonoma County Water Agency ( "Water Agency ") and City of Petaluma ( "City "). RECITALS A. The Petaluma River Flood Management and Enhancement Project is described in Exhibit 1 and is hereinafter referred to as "Project." Project is located within the city limits of Petaluma, California. Exhibit 2 provides a location map of the Project. B. City and Water Agency have evaluated the serious flood and storm damage which occurs to existing residential and commercial structures within the Denman Reach and Payran Reach area in the City of Petaluma. Sonoma County Water Agency's Zone 2A Advisory Committee recommends 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. Estimated Project costs are shown on Exhibit 3. A total of $2,634,624 from two sources (state grant and Water Agency flood control funds) will fund the City's work on this Project. City is requesting $880,302 from Sonoma County Water Agency's Flood Control Zone 2A fund for the design and construction of the Project during the 2017 -2019 construction season. Pursuant to the California Department of Water Resources Proposition 1E, Stormwater Flood Management. Grant Agreement No. 4600010376, the City shall receive $1,754,322 in state funding as administered by the Water Agency. D. City will be responsible for providing a total of $29,165 in funding match. $25,000 in funding match will be for Denman Reach Enhancement, and $4,165 in funding match will be for Payran Flood Reduction Improvements 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._ City shall comply with the grant agreement Term D.19 regarding Easements. City shall be responsible for all appraisal, site evaluations, property purchase agreements and related work associated; with the acquisition of 5.47 acre parcel on Industrial Avenue, Petaluma. The City shall grant an appropriate easement or other title restriction providing for floodplain preservation and habitat conservation for the subject property in perpetuity. F. Water Agency and City do mutually desire to cooperate in the design, construction, and financing of said Project. G. City wishes to expedite design and construction of said Project. H. City has prepared appropriate environmental documents for the Denman Reach, Component 1 project work under the California Environmental Quality Act (CECIA). A Mitigated Negative Declaration was adopted and the Denman Reach Phase 3 project was approved by the City Council on September 10, 2012 (Resolution No. 2012 -138 N.C.S.). A Notice of Determination for the Denman Reach Phase 3 project was filed with the Sonoma County clerk on September 12, 2012. Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 1 V 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 1: Project Description b. Exhibit 2: Location Map c. Exhibit 3: Estimated Project Costs d. Exhibit 4: Insurance Requirements 3. COORDINATION 3.1. City shall coordinate the work with Water Agency's Project Manager. Contact information and mailing addresses: Water Agency City Project Manager: Susan Haydon Contact: Jason Beatty 404 Aviation Boulevard 202 North McDowell Boulevard Santa Rosa, CA 95403- 9019 Petaluma, CA 94954 Phone: 707- 547 -1937 Phone: 707- 778 -4514 Email: susan.haydon @scwa.ca.gov Email: ibeatty @ci.petaluma.ca.us Remit invoices to: Remit payments to: Susan Bookmyer Same as above Same address as above or Email: susan.bookmyer @scwa.ca.gov 4. CITY'S RESPONSIBILITIES City 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 agrees to perform all work in accordance with the requirements of applicable federal, state, and local laws. 4.2. Environmental Documentation: 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. City shall. provide a Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 2 copy of the draft environmental document to Water Agency during public review process and a final copy within 30 calendar days of approval of the document. 4.3. Permits: City shall obtain any permits that may be necessary from utilities or regulatory agencies for construction of the Project. 4.4. Rights -of -Way: City shall act as Water Agency's agent for acquiring any and all property rights as necessary for construction of the Project. 4.5. Design and Surveying: City shall design the Project including all design surveying and construction staking. 4.6. Draft Plans and Specifications: City shall prepare a draft of the Project plans and specifications and shall submit one set, along with hydrology and hydraulic calculations, to Water Agency for review and comment. The 10 -year hydraulic grade line shall be drawn on the draft Project profile drawing. 4.7. 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 prepared by and signed and stamped, by, or under the responsible charge of, appropriately registered professionals. 4.8. Insurance Requirements and Indemnification Obligations: [To be determined] 4.9. Bidding: City shall let Project to bid. 4.10. Award: City shall award construction contract to the lowest responsive and responsible bidder unless circumstances exist that would prevent such award. Such award will be made on or before [To be determined] 4.11. Construction: City shall construct the Project in accordance with the Final Plans and Specifications. 4.12. Contract Administration: City shall administer the contract for construction of the Project. 4.13. Prevailing Wages: -City understands that use of Water Agency funds for any "public work, as defined by Labor Code sections 1720 etseq., triggers prevailing wage compliance obligations under the California Labor Code, and that the Project contemplated hereunder qualifies as a "public work" for this purpose. City agrees to comply with all obligations of an "awarding body" as defined by Labor Code section 1722 with respect to any public works contract it may enter into pursuant to this Agreement. Without limiting the generality of the foregoing, City agrees to (1) confirm that all contractors and subcontractors engaged to work on the Project are registered and qualified pursuant to Labor Code section 1725.5; (2) require all such contractors and subcontractors to pay prevailing wages to all workers on the Project in accordance with the California Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 3 Labor Code and applicable DIR regulations; (3) require all such contractors and subcontractors to furnish the records specified in Labor Code section 1776 (e.g. electronic certified payroll records) directly to the Labor Commissioner in a format prescribed by the Labor Commissioner at least monthly pursuant to Labor Code section 1771.4(a)(3); and (4) provide all notices required pursuant to 1771.1, 1771.4 and 1771.3. 4.14. Inspection: City shall inspect the Project. 4.15. 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 prepare record drawings showing any changes, deletions, or additions to the Project and provide reproducible set to Water Agency within 45 calendar days of filing the Notice of Completion. 4.16. Title: All title to all Project facilities constructed pursuant to this Agreement shall vest with City. 4.17. Operation and Maintenance: City shall accept ownership and shall operate and maintain Project in perpetuity, except for maintenance of the Petaluma River channel at the Corona Road project area shall remain the responsibility of the SCWA. 4.18. 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. 4.19. Statement of Costs: Within 60 days of filing Notice of Completion, or within 60 days of decision to not award the contract, City shall submit to Water Agency a statement of complete accounting of City's Project costs for the following categories: a. Design and other pre- construction costs b. Environmental document preparation costs c. Inspection and contract administration d. Construction costs e. Change orders 4.20. 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 the Petaluma River Flood Management and Enhancement Project, Project- Activity Code F0175- A002." Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 4 ;, 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 $2,634,624. 5.2. Initial Payment: Upon execution of this Agreement and receipt of an invoice thereof, Water Agency shall deposit with City [to be determined], which is to finance [to be determined] percent of City's share of Project's costs. 5.3. Subsequent Payment: Upon award of the construction contract, and receipt of an invoice thereof, and receipt of evidence of insurance and indemnification required in Paragraph 4.8, Water Agency will deposit with City [to be determined], which is to finance [to be determined] percent of City's share of Project's costs. 5.4. Review of Plans and Specifications: =Water Agency will review and comment on draft Project Plans and Specifications. Water Agency is not responsible for engineering decisions and Water Agency's review is not a substitute for review and approval by the engineer in responsible charge of the Project. 6. ADDITIONAL REQUIREMENTS 6.1. Term of Agreement: This Agreement shall expire on September 30, 2019. 6.2. Excess Costs: If the Project costs exceed the total amount authorized under this Agreement, City shall: a. not award the Project; or b. fund Project costs in excess of the authorized amounts without additional contribution from Water Agency; or c. 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 Sonoma County Water Agency's General Manager determines that the revised costs are reasonable and that additional funds are available in Water Agency Flood Control Zone 2A account(s), 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 or 6.2.b above. 6.3. Authority to Amend Agreement: Changes to the Agreement may be authorized only by written amendment to this Agreement, signed by both parties. Changes to lengthen time schedules or make minor modifications to the scope of work, which do not increase the amount paid under the Agreement, may be executed by the Water Agency's General Manager in a form approved by County Council. Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 5 6.4. Contract not Awarded: If contract is not awarded, Paragraphs 4.10 through 4.16 shall not apply. 6.5. Authority to Terminate: At any time and without cause, Water Agency has the right, in its sole discretion, to terminate this Agreement by giving five calendar days' written notice to City. In the event of such termination, Water Agency will pay City for services satisfactorily rendered to the date of termination. In addition, should City fail to perform any of its obligations hereunder, within the time and in the manner herein provided, or otherwise violate any of the terms of this Agreement, Water Agency may immediately terminate this Agreement by giving City written notice of such termination, stating the reason for termination. In the event of such termination, Water Agency will pay City for services satisfactorily rendered to the date of termination. However, Water Agency will deduct from such amount the amount of damage, if any, sustained by Water Agency by virtue of the breach of the Agreement by City. Water Agency's right to terminate may be exercised by Sonoma County Water Agency's General Manager. 6.6. Refund of Remaining Funds: If the Project cost accounting statement submitted under Paragraph 4.19 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. 6.7. 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. 6.8. 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. 6.9. 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. Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 6 6.10. 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. 6.11. 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. 6.12. 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. Each Party acknowledges that, in entering into this Agreement, it has not relied on any representation or undertaking, whether oral or in writing, other than those which are expressly set forth in this Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 6.13. 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. 6.14. Time of Essence: Time is and shall be of the essence of this Agreement and every provision hereof. Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last signed by the parties to the Agreement. Reviewed as to funds: Bv• Water Agency Division Manager - Administrative Services Approved as to form: By: Adam Brand, Deputy County Counsel Insurance Documentation is on file with Water Agency Date /TW Initials: Sonoma County Water Agency By: Grant Davis Water Agency General Manager< City of Petaluma By: Authorized per Water Agency's Board of (Please print name here) Directors Action on [To be determined] Date: Title: Date: TW 16/17 -163 Agreement for Funding of the Petaluma River Flood Management and Enhancement Project 8 r';` Exhibit 1 Project Description The Petaluma River Flood Management and Enhancement Project (Project) is a large scale, series of projects with the City of Petaluma serving as the local sponsor and Sonoma County Water Agency acting as the Grantee. The project is broken up into two components: 1) Denman Reach Enhancement; 2) Payran Reach Flood Reduction Improvements. Component 1- Denman Reach Enhancement DESCRIPTION: Acquire a 5.47 acre flood -prone parcel located on the Denman Reach and create up to 9.3 acre feet of additional flood water storage in a detention basin and /or terracing on same parcel. Remove 8,000 cubic yard sediment plug from the Petaluma River in the vicinity of the Corona Road bridge crossing to restore flow- carrying capacity of the original bridge cross section design. Task 1 Direct Project Administration: Budget Category (a) Task 1.1 Project Management City will be responsible for providing $25,000 in match funds towards this task. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants /contractors. Deliverable Due Date Environmental Information Form (EIF) [To be determined] Financial Statements [To be determined] Invoices [To be determined] Other Applicable Project Deliverables [To be determined] Task 1.2 Labor Compliance Take all measures necessary to ensure compliance with applicable California Labor Code requirements, including preparation and implementation of a labor compliance program or including any payments to the Department of Industrial Relations under Labor Code Section 1771.3. Deliverable I Due Date Proof of labor compliance upon request I [To be determined] Task 1.3 Reporting Reports will meet generally accepted professional standards for technical reporting and the required terms of the contract with DWR outlined in Exhibit F of this agreement. For example, Quarterly Progress Reports will explain the status of the project and will include the following information: summary of the work completed for the project during the reporting period; activities and milestones achieved; and accomplishments and any problems encountered in the performance of work. Project Completion Report will include: documentation of actual work done, changes and amendments to each project, a final schedule showing actual progress versus planned progress, and copies of final documents and reports generated during the project. Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -1 Deliverable Due Date Project Progress Reports [To be determined] Draft and Final Project Completion Report [To be determined] Task 2 Land Purchase: Budget Category (b) Task 2.1 Property Acquisition City of Petaluma will purchase a 5.47 acre vacant parcel (Lot 033) in the Denman Reach on Industrial Drive in the city limits. Assessor parcel number: 007 - 412 -033. The parcel is contiguous to City -owned property and fulfills the City's flood acquisition plan to prevent building /development on flood prone parcels. Deliverable Due Date Documentation supporting property value 10/1/2017 All relevant documentation regarding property 5/1/2018 ownership transfer to City, including final recorded deed, title report 2/1/2018 Task 3 Planning /Design /Engineering and Environmental Documentation: Budget Category (c) Task 3.1 Flood Benefit Evaluation and Site Assessment Complete a hydraulic analysis using modeling to evaluate and quantify the flood benefits between creating a detention basin or additional flood terracing on the newly acquired parcel. The effects of removing the sediment plug on river at Corona Road bridge- crossing vicinity and changes in roughness coefficients along the channel will also be modeled, including effects both upstream and downstream. Complete an Environmental Site Assessment (ESA) of the subject parcel prior to purchase. Deliverable Due Date Hydraulic analysis report 5/1/2018 ESA report 5/1/2018 Task 3.2 CEQA Documentation and Permitting Prepare a Revised Initial Study to support approval of a Supplemental Mitigated Negative Declaration (MND) for Denman Reach. CEQA compliance includes preparation of a modified Biological Resources Assessment with reference to the Hydraulic Analysis Report. File a Notice of Determination with State Clearinghouse. Obtain all necessary federal, state, and local permits. Permits may include: • U.S. Army Corps of Engineers Pre - Construction Notification (PCN) • San Francisco Bay Regional Water Quality Control Board Application for Section 401 Water Quality Certification • California Department of Fish and Wildlife Section 1602 Notification of Lake, or Streambed Alteration (LSA) • With the following additional support documents: • Wetland Delineation Report • Habitat and Wetland Mitigation and Monitoring Plans Additi )nal permits may be requirea ana will ae oatainea as necessary. Deliverable Due Date Hydraulic analysis report 5/1/2018 Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -2 g g g 1 ESA report 5/1/2018 Final Supplemental MND 5/1/2018 Biological Resources Assessment 5/1/2018 Notice of Determination 5/1/2018 No Legal Challenges letter 5/1/2018 Task 3.3 Design Develop preliminary and final design plans, construction specifications, and cost estimate for Denman Reach. Deliverable Due Date Topographic Survey 5/1/2018 Basis of Design Report 5/1/2018 Construction Project Cost Estimate 5/1/2018 100% Design Documents 5/1/2018 Task 3.4 Project Monitoring Plan for Denman Reach Develop a Project Monitoring Plan. Consistent with the Project Performance Measures, the Project Monitoring Plan will include baseline conditions, a brief discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and location of monitoring points. Deliverable Due Date Project Monitoring Plan 5/1/2018 Task 4 Construction /Implementation: Budget Category (d) Task 4.1 Construction Contracting Develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre -bid meeting, bid opening and evaluation, select contractor, award contract, and issue notice to proceed. Deliverable Due Date Bid documents 7/1/2018 Proof of advertisement 7/1/2018 Award of contract 8/1/2018 Notice to proceed 9/1/2018 Task 4.2 Construction Administration and Implementation Activities Activities include: • Review contractor submittals, answer requests for information, issue work directives, and oversee and inspect all construction elements. • Contractor mobilization • Tree and vegetation removal, as needed • Soil excavation for detention basin or flood terrace (approx. 12,000- 15,000 CY) • Weir and /or pathway construction on acquired parcel • Temporary construction access road at Corona Road bridge vicinity Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -3 �'' • Excavation of sediment plug at Corona Bridge (approx. 8,000 CY) • Final grading • Hauling and disposal (or placement outside of floodplain) of all excess excavated soil material • Replanting and habitat restoration for approximately 4.5 acres • Contractor demobilization • Implement landscape maintenance and mitigation monitoring plans Deliverable Due Date Contractor's Construction Schedule 11/1/2018 Pre, mid, and post construction photos Quarterly starting December 2018 Notice of Completion 8/1/2019 Component 2- Payran Reach Flood Reduction Improvements DESCRIPTION: Complete final activities associated with the Petaluma River Flood Control Project in the Payran Reach, constructing approximately 100 linear feet of sheet -pile floodwall in the vicinity of the Lakeville Street Sonoma Marin Area Rapid Transit (SMART) trestle; repair a small section of river embankment approximately 800 feet upstream of the sheet -file work; repair of the San Carlos outfall in Washington creek, 700 feet upstream of the creek's confluence with the Petaluma River; and floodwall concrete pile cap repairs at various locations throughout the Reach. This work is the final phase of this nearly 30 -year project, which provides substantial flood protection to properties within the City of Petaluma's Payran Reach neighborhood, and allowing the A99 area of this neighborhood to be remapped reflecting the full protection from the 100 -year flood event. Task 1 Direct Project Administration: Budget Category (a) Task 1.1 Proiect Management All work under this task is to be done by Water Agency. Manage grant agreement including compliance with grant requirements, and preparation and submission of supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and collecting documents from the United States Army Corp of Engineers (USACE). Deliverable Due Date Environmental Information Form (EIF) [To be determined] Financial Statements [To be determined] Invoices [To be determined] Other Applicable Project Deliverables [To be determined] Task 1.2 Labor Compliance Take all measures necessary to ensure compliance with applicable California Labor Code requirements, including preparation and implementation of a labor compliance program or including any payments to the Department of Industrial Relations under Labor Code Section 1771.3. Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -4 Deliverable I Due Date Proof of labor compliance upon request I [To be determined] Task 1.3 Reporting Reports will meet generally accepted professional standards for technical reporting and the required terms of the contract with DWR outlined in Exhibit F of this agreement. For example, Quarterly Progress Reports will explain the status of the project and will include the following information: summary of the work completed for the project during the reporting period; activities and milestones achieved; and accomplishments and any problems encountered in the performance of work. Project Completion Report will include: documentation of actual work done, changes and amendments to each project, a final schedule showing actual progress versus planned progress, and copies of final documents and reports generated during the project. Deliverable Due Date Project Progress Reports [To be determined] Draft and Final Project Completion Report [To be determined] Task 2 Land Purchase: Budget Category (b) No land purchase or easement acquisition is required for this project. Task 3 Planning /Design /Engineering and Environmental Documentation: Budget Category (c) Task 3.1 Flood Benefit Evaluation and Site Assessment Upon completion of the project submit a Letter of Map Revision (LOMB) to FEMA to remove areas designated with Flood Zone A99 in the Payran Reach neighborhood. City is responsible for providing $1,485 toward this task. Deliverable Due Date LOMR package 5/1/2018 Task 3.2 CEQA Documentation and Permittink The EIR /EIS Report for the Payran Reach was completed in March of 1995, and was approved and adopted by the Council of the City of Petaluma on September 5, 1995. These dates are outside of the agreement period; however, per Paragraph 8 of the Grant Agreement, they are required submittals. No reimbursement is being requested. Obtain copies of all necessary federal, state, and local permits. Permits may include: • U.S. Army Corps of Engineers Pre - Construction Notification (PCN) • San Francisco Bay Regional Water Quality Control Board Application for Section 401 Water Quality Certification • California Department of Fish and Wildlife Section 1602 Notification of Lake, or Streambed Alteration (LSA) • With the following additional support documents: o Wetland Delineation Report n Habitat and Wetland Mitigation and Monitoring Plans Deliverable Due Date Final EIR /EIS Report 8/1/2017 Resolution approving and adopting the EIR 8/1/2017 Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -5 Notice of Determination 10/1/2017 No Legal Challenges Letter 10/1/2017 Copies of all required permits 10/1/2017 Task 3.3 Design Submit final plans, construction specifications, and project cost estimate for Payran Reach. Per Paragraph 8 of the Grant Agreement, these are required submittals. No reimbursement is being requested. Deliverable Due Date Final Plans 10/1/2017 Construction Specifications 10/1/2017 Project Cost Estimate 10/1/2017 Task 3.4 Proiect Monitoring Plan Develop a Project Monitoring Plan. Consistent with the Project Performance Measures, the Project Monitoring Plan will include baseline conditions, a brief discussion of monitoring systems to be used, methodology of monitoring, frequency of monitoring, and location of monitoring points. City is responsible for providing $2680 toward this task. Deliverable Due Date Project Monitoring Plan 5/1/2018 Task 4 Construction /Implementation: Budget Category (d) Task 4.1 Construction Documents Submit final construction documents for the final phase of the USACE -City Project, Petaluma River Flood Control Project. Per Paragraph 8 of the Grant Agreement, these are required submittals. No reimbursement is being requested. Deliverable Due Date Final As -Built Drawings 10/1/2017 Engineer's Certification 10/1/2017 Task 4.2 Construction Administration and Implementation Activities Completed match work includes construction and construction administration for the final phase of the USACE -City Project, Petaluma River Flood Control Project, The USACE managed environmental permitting, design, and construction activities. The City provided assistance with obtaining property easements, public relations, monitoring of the construction activities, and some funding for the project. The construction activities included: mobilization, demobilization, earthwork, demolition, installation of 100 linear feet of sheet pile floodwall near Lakeville Street, 15 -foot wide maintenance road by the Lakeville Street Bridge and SMART rail trestle, a stream embankment repair, sheet pile wall extension and concrete cap, repairs to existing floodwall concrete pile cap, and repair to the San Carlos outfall structure. Grant funding includes the Water Agency's remaining local cost share associated with the above activities that has not been paid. This cost share is described in the Agreement between the City of Petaluma and the Water Agency. Deliverable I Due Date Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -6 Notice of Completion 10/1/2017 Copy of Agreement for Partial Funding of 10/1/2017 Petaluma River Flood Control Project (TW 15 -16 -027) Agreement for Funding of the Petaluma River Flood Management and Enhancement Project A -7� Exhibit 2 Location Map [To be determined] Agreement for Funding of the Petaluma River Flood Management and Enhancement Project B -1'' Exhibit 3 Estimated Project Costs Individual Project Title Requested Grant Amount Cost Share: Non-State Fund Source (Funding Match) Cost Share: Other Total Cost Water Agency City of Petaluma Water Agency City of Petaluma U.S. Army Corps Water Agency City of Petaluma (al Direct Project Administration $0 $0 $24,000 $25,000 $0 so so $49,000 (bi Land Acqu isit;on $0 so $0 so so so so so Planning / Design I Engineefing EnvIronmental Documentation $0 $0 $221,657— $0 $0 $0 5221,657 -0,trumin Reath Enhancement individual Project Title Requested Grant Amount Cost Share; Non-State Fund Source (Fumling Match) Cost Share� Other Total Cost Water Agency City of Petaluma Water Agency City of Petaluma U.S. Army Corps Water Agency City of Petaluma (al Direct Project Administration $0 $0 $24,000 $25,000 $0 so so $49,000 (bi Land Acqu isit;on $0 so $0 so so so so so Planning / Design I Engineefing EnvIronmental Documentation $0 $0 $221,657— $0 $0 $0 5221,657 lGranclTotal TRUE $1,754,322 1 $904,302 so $0 $0 $2,683,bZ4 Individual Project Title Requested Grant Amount Cost Share: Non-State Fund Source (Funding Match) Cost Share. Other Total Cost Water Agency City of Petaluma Water Agency City of Petaluma U.S. Army Corps WaterAgency City of Petaluma (a), Direct Project Administration- $0 $0 $1,000 so $0 50 so $Low (bi Land Acqu isit;on $0 so $0 so so so so so Grand Total $136,50. 1 Grant funds.passed through to the City of Pelatuma' $1,754,322 Funding Match p!id to the City of Petaluma Ly the Water Agency (Zone 2A)" S880,302 Total Agreement Amount $2, / �l \ Agreement for Funding of the Petaluma River Flood Management and Enhancement Project C' ,�'� Exhibit 4 Insurance Requirements [To be determined] Agreement for Funding of the Petaluma River Flood Management and Enhancement Project D -1 Attachment 3 PETALUMA RIVER FLOOD MANAGEMENT DENMAN REACH PHASE 4 LOCATION MAP � <Y R q � O 4 ti \ 0 � y�G � 0 S° ( °,r PROJECT SITE "04,,q� Gs� �`�� °otir q��qY !LO r CIO 'L° 410 7 Date : July 13, 2017 N L U City of Petaluma • PROJECT SITE w E Public Works and Utilities Department S -18 23