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HomeMy WebLinkAboutStaff Report 4.D 01/22/2018Agenda Item #4.D � E DATE: January 22, 2018 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan St. John, F.ASCE — Director, Public Works & Utilities Jeff Stutsman, P.E. — Senior Civil Engineer SUBJECT: Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Measure M Cooperative Funding Agreement M70604 between the Sonoma County Transportation Authority and the City of Petaluma RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Measure M Cooperative Funding Agreement M70604 between the Sonoma County Transportation Authority and the City of Petaluma. BACKGROUND Sonoma County Transportation Authority (SCTA) and the City entered into a Measure M Cooperative Funding Agreement on May 1, 2006 to enable the two parties to work cooperatively in allocating funds for Petaluma's River Trail Project from Lynch Creek Trail to E. Washington Blvd. The original Cooperative Funding Agreement was adopted using SCTA's 2005 Strategic Plan. The agreement provided Measure M funding to construct a Classl multi -use pathway from the eastside urban limits to the Historic Downtown Area along the Petaluma River. The first phase, which extended the Lynch Creek Trail across Washington Creek along the Petaluma River towards Edith Street, was completed in 2005. The second phase of the project was completed in 2006, which replaced the floodwalls along the trail adjacent to East Washington Street. The third phase, which was completed in 2014, completed the gap from Lakeville Street to Water Street with the installation of a new pedestrian bridge. The fourth phase is the portion of Water St. north of E. Washington Blvd. to the bridge. It should be noted that the final section of the River Trail, connecting the class I bike path constructed by the Riverfront development with the City's Marina, was never included in the original project scope addressed by the Measure M agreement due to budget needs and is still currently unfunded. DISCUSSION The fourth and final phase of the defined Measure M project will complete the multi -use path along Water Street. In order to be eligible for reimbursement, it is necessary to amend the original Cooperative Funding Agreement to include the updated 2017 Strategic Plan, project plan, financial plan and schedule. The proposed amendment reflects these changes. The updates to the 2017 Strategic Plan incorporated increases in sales tax revenues due to the economic expansion in the three years following the writing of the 2014 Strategic Plan. The 2017 Strategic Plan also provides an explanation of how the Authority will allocate future resources based on expectation for the future growth. Although the changes to the 2017 Strategic Plan do not affect this project, it is necessary to amend the original agreement, as it has been over 11 years since the last update. The City is slated to receive 100% of the estimated funds needed for the subject project compared to the current average of 92% for all SCTA approved projects that rely on these funds. Prior to the economic expansion, it was estimated that only 80% of projected funds would be available for County agencies. The City is being rewarded for expending the funds early, in accordance with SCTA's policy, as an incentive for getting the projects done early. FINANCIAL IMPACTS There are no fiscal impacts from the proposed action. The 2017 Strategic Plan does not change the total financial obligation addressed in the original agreement. ATTACHMENTS 1. Resolution 2. Amendment No. 1 to the Cooperative Funding Agreement M2004 (Measure M) between the SCTA and City of Petaluma. 2 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. I TO THE MEASURE M COOPERATIVE FUNDING AGREEMENT M70604 BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND THE CITY PETALUMA WHEREAS, Sonoma County Transportation Authority and the City of Petaluma entered into a cooperative funding agreement on May 1, 2006 to enable two parties to work cooperatively in allocating funding for the Petaluma River Trail project as described in the 2005 Strategic Plan; and WHEREAS, the City completed phase I, II and III of the Petaluma River Trail Project; and WHEREAS, SCTA adopted the 2017 Strategic Plan, which updated the project implementation policies with regard to the use of funds; and WHEREAS, the City requested advancement of the design funds of $32,000 to start phase IV; and WHEREAS, City Council authorization is necessary to amend the existing agreement to include the updated contact information, and the revisions to the 2017 strategic plan, project plan, financial plan and schedule for the completion of phase IV of the Petaluma River Trail project; and WHEREAS, the City Council approval to amend the agreement allows the City to continue working on the Petaluma River Trail project that is funded by Measure M and allows reimbursement for the work performed on phase IV of the Petaluma River Trail Project, and NOW THEREFORE, BE IT RESOLVED, that the Petaluma City Council authorizes the City Manager to execute Amendment No. 1 to the Measure M Cooperative Funding Agreement M70604 between the City of Petaluma and Sonoma County Transportation Authority. 3 Attachment 2 — Exhibit A AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT M70604 BETWEEN THE SONOMA COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF PETALUMA This Amendment (the "Amendment ") is made and entered into as of 2018 (Effective Date) by and between the CITY OF PETALUMA, hereinafter referred to as "CITY" and the SONOMA COUNTY TRANSPORTATION AUTHORITY, hereinafter referred to as "AUTHORITY." RECITALS 1. AUTHORITY adopted that certain 2017 Strategic Plan that sets forth AUTHORITY's program and project implementation policies with regard to the use of funds provided under the 2004 Traffic Relief Act for Sonoma County Expenditure Plan and Ordinance approved by the voters of Sonoma County on November 2, 2004 (hereinafter referred to as "Measure M "). The 2017 Strategic Plan, as such plan may be amended from time to time, is hereinafter referred to as the "Strategic Plan." 2. Consistent with Measure M and the Strategic Plan, AUTHORITY and CITY previously entered into Cooperative Funding Agreement No M70406 (the "Original Agreement "). 3. CITY and AUTHORITY desire to amend the recitals, project information (Exhibit A), financial plan and schedule (Exhibit B) in order to update terms and reflect programming changes. NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and CITY do hereby agree as follows: AGREEMENT I. AMENDMENTS Paragraph 7 of Recitals is amended to read as follows: 7. Pursuant to the Strategic Plan and Measure M, Authority is committed to make available up to $2,000,000 (two million dollars) to assist with the Project. Paragraph 1 of Section II is amended to read as follows: 1. Reimbursement of City Expenses. Consistent with its Strategic Plan, to make available Measure M funds, currently set at $2,000,000 in 2004 dollars to assist with the Project. Authority shall process City invoices within forty -five (45) days of receiving an invoice in a form reasonably acceptable to Authority's Executive Director. Paragraph 1 of Section III to read as follows: 1. Funding Availability and Needs. The funding available to the Project for expenditure is limited by the funds identified in Exhibit B -1 and to the approved appropriation by the SCTA Board. If additional funds beyond those identified in 11 Exhibit B -1 are necessary to complete the Project, Authority will cooperative with CITY to identify and secure new or increased fund commitments; however, completion of the Project remains the responsibility of City. Paragraph 5 of Section III is amended to read as follows: 5. Notices. Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such addresses which may be specified in writing to the parties hereto. To CITY: Dan St. John Public Works Director City of Petaluma 202 North McDowell Blvd Petaluma, CA 94954 707 -778 -4467 dstjohn @ci.petaluma.ca.us To AUTHORITY: Suzanne Smith Executive Director Sonoma County Transportation Authority 490 Mendocino Ave, Suite 206 Santa Rosa, CA 95401 707 - 565 -5373 suzsmith @scta.ca.gov Exhibits. The following Exhibits in the Original Agreement are replaced by the Exhibits attached hereto: Exhibit A is replaced with Exhibit A -1; and Exhibit B is replaced with Exhibit B -1. All references in the Original Agreement to Exhibit A shall be read to refer to Exhibit A -1, and all references in the Original Agreement to Exhibit B and shall be read to refer to Exhibit B -1. Except to the extent the Agreement is specifically amended or supplemented by the Amendment No 1, the Agreement, together with exhibits and schedules, is and shall continue to be, in full force and effect as originally executed, and nothing contained herein shall be construed to modify, invalidate or otherwise affect any provision of the Agreement or any right of AUTHORITY or CITY arising thereunder. COOPERATIVE FUNDING AGREEMENT NO. M70604 Between the SONOMA COUNTY TRANSPORTATION AUTHORITY And CITY OF PETALUMA EXHIBIT A -1: PROJECT INFORMATION DESCRIPTION The Petaluma River Trail, when completed, will be a Class 1 multi -use pathway from the Eastside urban limits to the Historic Downtown Area utilizing the creek and River natural corridors, including approximately 2 miles of the Petaluma River. This project carries out a portion of the Petaluma River Access and Enhancement Plan approved by City Council in 2000. Phase I In the summer of 2005, the first phase of this project was completed which extended the Lynch Creek Trail across Washington Creek, with a new ADA accessible prefabricated bike /pedestrian bridge, continuing downstream along the Petaluma River to just past Edith Street. Quarry fines were used on top of base rock for the pathway surface, which have proven to hold up very well. Lighting was installed along this portion as well as access points at main streets. This portion of the project was entirely funded by the Petaluma Community Development Commission (PCDC, the Economic Development and Redevelopment Agency). Phase II This phase replaced two failing retaining walls along the River near Washington Street to support the River Trail. The replacement wall was a sheetpile wall to match the floodwalls the Army Corps of Engineers installed upstream. Construction was completed in 2006. Phase III This phase of the project utilized Measure M Grant to continue the River Trail from Lakeville Street towards Washington Street. The work included the construction of an ADA accessible prefabricated bike /pedestrian across the Petaluma River. The project did not complete the pathway to Washington Street on the west side of the river due to access issues. Phase IV The final phase will utilize Measure M Grant to complete the River Trail from the prefabricated bridge at the Petaluma River to Washington Street. The work will include the installation of a new retaining wall, handrail, asphalt pathway and striping. D COOPERATIVE FUNDING AGREEMENT NO. M70604 Between the SONOMA COUNTY TRANSPORTATION AUTHORITY And CITY OF PETALUMA EXHIBIT B -1: PROJECT PLAN Phase I Completed Prior to Measure M Phase II Completed Prior to Measure M Phase III Project Development Phase Prior 17/18 18/19 19/20 20/21 Totals Phase I December 2004 Right of Way April 2006 March 2012 Plans Specs, Estimates (PSE) July 2005 Measure M Construction June 2012 September 2013 Local Match Phase II Measure M Local Match Phase 111 $1,637,000 $1,637,000 Measure M Local Match Phase IV $32,000 $331,000 $363,000 Measure M Local Match Totals $1,637,000 $32,000 $331,000 $2,000,000 Phase I Completed Prior to Measure M Phase II Completed Prior to Measure M Phase III Project Development Phase Begin End Scoping July 2002 December 2004 Project Approval /Env Doc (PAED) July 2002 December 2004 Right of Way April 2006 March 2012 Plans Specs, Estimates (PSE) July 2005 March 2012 Construction June 2012 September 2013 Phase IV Project Development Phase Begin End Scoping June 2017 September 2017 Project Approval /Env Doc (PAED) September 2017 July 2018 Right of Way September 2017 June 2018 Plans Specs, Estimates (PSE) September 2017 June 2018 Construction September 2018 December 2018 7