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HomeMy WebLinkAboutStaff Report 3.B 05/02/2005CITY OF PETALUMA, CALIFORNIA 3.B AGENDA BILL May 2, 2005 Aeenda Title: Approval of Cooperative Agreement with County Meetine Date: May 2, 2005 of Sonoma for Development, Use and Maintenance of the Petaluma Transit Mall. Meetine Time: ® 3:00 PM ❑ 7:00 PM Cateeory (check one): ® Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation 1 Deaartment: Director: Contact Person: Public Facilities & Genes B James Ryan Services Cost of Pronosal: Total $2,250,692 City's Match $ 360,000 TDA funds 250,373 (3400) Amount Budeeted: $ 610,373 Attachments to Aeenda Packet Item, 1. Location Map (Exhibit A) 2. Project Financial Plan (Exhibit B) 3. Cooperative Agreement (Exhibit C) 4. Resolution Summary Statement: Phone Number: 778-4421 Account Number: 3399 C500102 Name of Fund: Transit (TDA) Redevelopment (3400) Since the early 1990's, the City and the County of Sonoma have jointly pursued grant funds to develop a transit mall in the City of Petaluma, from which Petaluma Transit can focus its service and to provide a location where convenient transfers between systems can be accommodated. Along with Petaluma Transit, Sonoma County Transit and Golden Gate Transit operate in Petaluma. In addition, each operator provides ADA paratransit service which will also use the transit mall to facilitate transfers. Since February 2001, Bay Area Air Quality Management District (BAAQMD) and two Federal Transit Administration grants have been received by the County to construct the Petaluma Transit Mall. These grants originated as ISTEA and "Federal Earmarks" programmed for Sonoma County in the 1990's. Local matching funds for the project are provided by the City and include Transportation Development Act (TDA) and Redevelopment funds. The Petaluma Transit Mall Cooperative Agreement provides for the development, use and maintenance of the facility. Basically, as a recipient of federal funds associated with this project, the County will be responsible for construction bidding, contractor selection and construction inspection. The City, having funded design of the project, will maintain the facility following completion. Reviewed by Administrative Services Directo : C (��tiNlti�ti Date1I2- ) Todav's Date: 4/27/05 Review b� C' nev: AnprF City Manaeer: e: Date: Revision # and Date Revised: File Code: # s\pf&s\transit\agenda\copeland st coop agree CITY OF PETALUMA, CALIFORNIA MAY 2, 2005 AGENDA REPORT for APPROVAL OF COOPERATIVE AGREEMENT WITH COUNTY OF SONOMA FOR DEVELOPMENT, USE AND MAINTENANCE OF THE PETALUMA TRANSIT MALL 1. EXECUTIVE SUMMARY: Since the early 1990's, the City and the County of Sonoma have jointly pursued grant funds to develop a transit mall in the City of Petaluma, from which Petaluma Transit can focus its service and to provide a location where convenient transfers between systems can be accommodated. Along with Petaluma Transit, Sonoma County Transit and Golden Gate Transit operate in Petaluma. In addition, each operator provides ADA paratransit service which will also use the transit mall to facilitate transfers. Since February 2001, Bay Area Air Quality Management District (BAAQMD) and two Federal Transit Administration grants have been received by the County to construct the Petaluma Transit Mall. These grants originated as ISTEA and "Federal Earmarks" programmed for Sonoma County in the 1990's. Local matching funds for the project are provided by the City and include Transportation Development Act (TDA) and Redevelopment funds. The Petaluma Transit Mall Cooperative Agreement provides for the development, use and maintenance of the facility. Basically, as a recipient of federal funds associated with this project, the County will be responsible for construction bidding, contractor selection and construction inspection. The City, having funded design of the project, will maintain the facility following completion. 2. BACKGROUND: Currently, transfers between fixed -route systems are accommodated at 4`h and "D" Streets in downtown Petaluma. While a downtown bus stop will remain after development of the transit mall, buses will no longer lay over for extended periods of time there. In 2000, the City Council determined that the Petaluma Transit Mall would be constructed on Copeland Street between East "D" and East Washington Streets. This location places the transit mall along existing transit routes and immediately adjacent to the historic Petaluma Depot. It also lies in an area which the City is currently focusing on for redevelopment. A transit -oriented development is planned for at least one side of Copeland Street where the transit mall will be constructed. The Petaluma Depot is currently undergoing renovation by the City's Redevelopment Department in cooperation with the Sonoma Marin Area Transit District (SMART). With the potential development of future passenger rail services along the SMART corridor, the transit mall will provide a convenient location for rail/transit connections and a location where future rail/feeder bus connections can be focused. In addition to rebuilding Copeland Street, (street, curb, gutter and sidewalk) the proposed project calls for providing passenger shelters, bicycle racks, benches, water fountain, information kiosk, etc., as well as improved lighting and new landscaping. All buses using the transit mall will serve the facility from the east side of Copeland Street. The project calls for installing a new traffic signal at Copeland Street and East Washington Street to permit a safe crossing for pedestrians, as well as buses departing the transit mall and traveling west on East Washington Street. When complete, Copeland Street will remain open for vehicular traffic. In 2002, the City contracted with DKS Associates to design and develop construction plans for the project. The plans have recently been completed and are awaiting configuration into standard County construction plans and the approval of this agreement. The key terms of the proposed Petaluma Transit Mall Cooperative Agreement are as follows: ■ The term of the agreement is twenty (20) years from project completion. ■ BAAQMD funds received are specifically designated for the Petaluma Transit Mall Project, as illustrated in Exhibit `B" of the agreement. ■ City will provide local match in the form of TDA and Redevelopment funds to maximize the use of funds provided by the County. ■ City will permit development of the Petaluma Transit Mall on Copeland Street, a city -owned street, between East "D" Street and East Washington Street. ■ The City will maintain the facility following completion. ■ City and County agree that the facility will be available for use by public transportation providers seven days a week. ■ The City and County shall maintain, throughout the term of the agreement, polices for bodily injury and property damage liability coverage in the amount of $2,000,000. Similar agreements have been established by the County with other cities for development of transit type projects. The facility is planned for construction in Summer 2005, with completion in early 2006. 3. ALTERNATIVES: Development of the Petaluma Transit Mall may be delayed, or not built at all, due to possible loss of funding source time constraints. 4. FINANCIAL IMPACTS: No funds taken from General Fund. A $2,250,692 project will be built for $610,373 of the City's TDA and Redevelopment funds. The Redevelopment funds will be the last monies spent. 5. CONCLUSION: City has design and construction plans completed. Sonoma County is ready to go out to bid, construct and inspect the project, with completion expected for early 2006. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESSOR, COMPLETION: When the first passenger makes inter or intra -system transfer on Copeland Street in early 2006. 7. RECOMMENDATION: Authorize City Manager to execute the Cooperative Agreement with the County of Sonoma for development, use, and maintenance of the Petaluma Transit Mall. 4 ky, Exhibit "A" Petaluma Transit Center Exhibit "B" Petaluma Transit Center Project, -Sources Design and Source Grant No. Recepitent Total - Paid for by City of Petaluma, outside this agreement $0 FTA - Section 3 (Earmark) CA -03-0557 Sonoma County $995,984 - Other 0 FTA - Section 9 CA -09-Y023 Sonoma County 349,751 - Other 0 AB434-TFCA 04SON05 Sonoma County 294,584 - Other 0 City of Petaluma - match 610,373 - Other 0 Other — — 0 - Other 0 Other — — 0. Total $0 Total $2.250,692 Construction (includes street improvements, passenger amenities, information panels/kiosks, lighting, landscaping, etc.) - Construction Contract $1,685,148 - Construction Contingency (15%) 252,772 - Mobilization Contingency (5%) 84,257 - Traffic Handling Contingency (5% 84,257 - Demolition Contingency (5%) 84,257 - Construction Administration and Inspection 60,000 - Other 0 Total $2,250,692 EXHIBIT C Revised 04-26-05 PETALUMA TRANSIT CENTER COOPERATIVE AGREEMENT FOR DEVELOPMENT, USE, AND MAINTENANCE The following is an Agreement dated as of . 2005, by and between the County of Sonoma, hereinafterrefe€red to as "COUNTY," and the City of Petaluma, hereinafinr referred to as "CITY," with reference made to the following facts: A. This Agreement concerns development of the Petaluma Transit Center ("PROJECT") on lands owned by CITY, as more particularly shown in Exhibit "A" attached hereto and incorporated by reference ("PROPERTY"). B. COUNTY is eligible to receive federal transit funds for capital improvements for Transportation Facility projects within its jurisdiction. C. The parties to this Agreement wish to cooperate to use the available federal funds to develop PROJECT and to maintain and use PROPERTY as the Petaluma Transit Center. NOW, THEREFORE, the parties hereto agree as follows: Term of Agreement. This Agreement shall commence upon execution and remain in force for a period of twenty (20) years from the date of PROJECT completion. No later than one year prior to the final year of the twenty (20) year period, CITY and COUNTY agree that a superceding agreement defining the Ownership, Use and Maintenance of the Petaluma Transit Center shall be developed; or, if no such agreement is reached, (2.) this agreement will be extended for an additional 10 years. This Agreement shall automatically terminate if PROJECT is not substantially completed within three (3) years after execution of this Agreement. 2. Funding and Develonment of Petaluma Transit Center. a. COUNTY will act as the lead agency for procurement of available public transit funding, including federal grant(s). All parties to this Agreement understand that COUNTY intends to use available State, Federal and Air District fiords for PROJECT, and that COUNTY's contribution is limited to such funds. Under no circumstances shall COUNTY's General Fund, or any other non -transit COUNTY funds, be called upon to contribute to PROJECT. COUNTY has no expectation that CITY will use CITY's General Fund. b. COUNTY and CITY agree to cooperate mutually in the funding ofPROJECT. Exhibit "B" shall serve as the proposed financial plan with final funding subject to the decisions of the funding support agencies and each respective party to this Agreement. In consultation with project engineers, CITY and COUNTY agree to include areasonabie PROJECT contingency fund in Exhibit "B," to cover unanticipated project costs. Should (1) available project funds materially diminish from the anticipated fiords described in Exhibit "B," or (2) the bids for PROJECT construction exceed the engineer's estimate, either CITY or COUNTY may elect to terminate this Agreement at any time prior to COUNTY's award of the construction contract for PROJECT by giving written notice of termination to the other party. c. CITY shall fund and procure all design, planning and engineering services for PROJECT, and shall be responsible for conducting any required environmental review and producing environmental documents. COUNTY shall be provided with an opportunity to comment, provide input on and anorove the design of PROJECT. 17 COUNTY will provide construction contractor solicitation and documentation, construction of PROJECT, and construction inspection and administration for implementation of PROJECT. CITY will be provided an opportunity to review and provide input on construction documentation, including bid solicitation documents and contract documents. COUNTY agrees to include in such documents a requirement of a five-year warranty on contractor's work, and standard bond requirements included by COUNTY in construction contracts for similar types of work. COUNTY shall comply with all CITY planning and permit processes. CITY will waive all fees associated with planning and permit processes. e. PROJECT shall include all necessary and appropriate informational and traffic control signage approved by all parties. Fencing, provision for disabled access, bicycle racks, public phones, access to adjacent parcels, drainage, information kiosks, landscaping, and lighting shall be included in PROJECT. 3. Use of Petaluma Transit Center. a. The facility shall be available seven days a week for use by local public transit providers. CITY may impose rules on facility use to improve operational efficiency, accessibility, public safety, etc. Signage will be installed as part of PROJECT to regulate this accessibility, enforcement of which shall be the responsibility of CITY. Enforcement is defined as those controls determined by CITY police for proper public safety and maintenance of operation of the Petaluma Transit Facility. b. During any time of public emergency, PROPERTY will be made available for such emergency purposes. CITY and/or COUNTY shall be responsible for determining what constitutes an emergency situation. c. CITY shall not lease PROPERTY or violate section 3a above without approval of COUNTY, emergencies excepted. d. All parties to this Agreement understand that federal transit money is being used for PROJECT. CITY and COUNTY promise that each will refrain from taking any action with respect to PROJECT that would be contrary to any federal requirement(s) governing the continual use of PROJECT as the Petaluma Transit Center for the term of this Agreement. After PROJECT is constructed, CITY agrees to consult with, and obtain approval from, COUNTY s Transit Systems Manager before taking any action with respect to PROPERTY. CITY has been provided any documents it requested to familiarize itself with the requirements of such federal requirements. 4. Maintenance. a. COUNTY shall construct PROJECT per CITY -approved plans and specifications. Upon acceptance of the PROJECT by COUNTY and issuance of a Notice of Completion, COUNTY agrees to assign all rights under the construction contract to CITY, and CITY agrees to release COUNY from any further obligations under that contract. At project completion, CITY shall be responsible for all short - and long -tern maintenance and repair of PROJECT. This will include, but is not limited to, periodic sweeping and cleaning, landscape care, pavement management and maintenance, drainage system maintenance, lighting and street furniture maintenance, passenger shelter maintenance and signage maintenance. b. CITY shall provide police services for the facility as CITY, in its sole discretion, deems necessary. CITY will budeet for this expense. 0 c. CITY shall be responsible for all maintenance and utility expenses. CITY will budget for this expense. 5. Insurance and Self Insurance & C000eration in Defense. a. CITY and COUNTY shall maintain, throughout the term of this Agreement, either (1) self insurance programs or (2) insurance liability policies for bodily injury and property damage liability coverage in the amount of at least $1,000,000. b. During PROJECT construction, COUNTY shall require the contractor to maintain at least $2,000,000 comprehensive contractor's general liability and automotive coverage. Both COUNTY and CITY will be named as additional insureds on that construction contractor's policy. c. COUNTY and CITY shall mutually cooperate in the defense of any claim or lawsuit in which both COUNTY and CITY are sued and the charging allegations involve the claim of negligence related to PROJECT or dangerous or defective condition of PROPERTY or otherwise arises out of PROJECT or PROPERTY. The required mutual cooperation shall include but not be limited to the following: 1. Mutual exchange of all relevant non -privileged documents without the need for subpoena or formal discovery. 2. When considered by the parties to be in their mutual best interest, access to all employees with relevant knowledge of the subject matter for the purpose of interviewing those employees without the need for subpoena or formal discovery. 3. Early discussion between COUNTY and CITY and an attempt to reach an agreement as to the most cost-effective strategy for defense. 4. Early discussion as to whether it would be cost-effective for one of the parties to assume the defense of the other party in the action and an effort to avoid duplication of attorney fees. Factors to be considered would include, but not be limited to, the possibility of a conflict of interest; whether an agreement can be reached as to apportionment of liability; whether the allegations against one entity are insubstantial in comparison to the allegations against the other entity and there is only a remote risk of recovery against the former entity. 5. Early discussion of sharing the expense of experts; and 6. Early discussion of the appropriateness of jointly filing motions in order to expeditiously terminate the case and avoid expense. COUNTY and CITY will make every effort to reach an early agreement resolving these issues. 6. Miscellaneous. a. Assignment: No party to this Agreement shall assign or transfer its interest in this Agreement without the prior written consent of the other party to this Agreement, which consent shall not be unreasonably withheld. The proposed assignee must be willing to, in writing, assume all of the obligations hereunder. In the event that either party to this Agreement, in writing, approves any assignment or subletting of this Agreement, the proposed assignor shall provide to the other party to this Agreement, a copy of the assignment agreement prior to the execution thereof by the assignor and assignee. 9 b. Notices: All notices required to be given pursuant to this Agreement shall be deemed given upon deposit in the United States mail, with postage prepaid, addressed to the following parties: CITY: City of Petaluma Attention: City Manager P.O. Box 61 Petaluma, CA 94953-0061 COUNTY: Sonoma County Transit Attention: Transit Systems Manager 355 West Robles Avenue Santa Rosa, CA 95407 c. Attomeys' Fees: If any suit is brought by any party to this Agreement arising out of� or to enforce this Agreement or any of its terms, then the prevailing party in such litigation shall be entitled to recover its reasonable attorneys' fees and costs incurred in such action. d. Agreement Binding: The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, and administrators or to any approved successor, as well as to any assignee or legal successor to any party to this Agreement. e. Merger: This writing is intended both as the final expression of the Agreement between 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. f. Cooperation: Both parties pledge cooperation in order that a mutually satisfactory PROJECT is achieved. This Agreement shall serve as CITY Right -of -Entry for COUNTY and COUNTY s contractors to develop PROJECT. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first set forth above. CITY OF PETALUMA By: City Manager ATTEST: By: City Clerk RECOMMENDED BY: By: City Manager By: City Attorney COUNTY OF SONOMA: 0 Chairman, Board of Supervisors ATTEST: By: Clerk of the Board APPROVED AS TO FORM FOR COUNTY: to County Counsel Date: REVIEWED AS TO SUBSTANCE FOR COUNTY: I= Director of Transportation and Public Works Date: APPROVAL OF COOPERATIVE AGREEMENT WITH COUNTY OF SONOMA FOR DEVELOPMENT, USE AND MAINTENANCE OF THE PETALUMA TRANSIT MALL WHEREAS, since the early 1990's, the City of Petaluma and the County of Sonoma have jointly pursued grant funds to develop a transit mall in the City of Petaluma; and WHEREAS, in 2000, the Petaluma City Council determined that a transit mall would be constructed on Copeland Street; and WHEREAS, since February 2001, the City of Petaluma and the County of Sonoma have received two Federal Transit Administration grants and a Bay Area Air Quality Management grant to develop and construct the Petaluma Transit Mall; and WHEREAS, in 2002, the City of Petaluma contracted with DIES Associates to design and develop construction plans for the project, which they have recently completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of Petaluma approves the Cooperative Agreement with the County of Sonoma for development, use and maintenance of the Petaluma Transit Mall, and authorizes the City Manager to execute the Cooperative Agreement.