CITY OF FAIRFIELD
RESOLUTION NO. 2025-48
APPROVING AMENDMENT #1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF FAIRFIELD AND THE CITY OF BENICIA FOR COST-SHARING OF THE LOPES ROAD AND
WATER PIPELINE RECONSTRUCTION PROJECT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
WHEREAS, a portion of Lopes Road within the City of Fairfield and a 30 -inch City of Fairfield potable water pipeline were damaged by heavy rainstorms and a subsequent landslide beginning on March 28, 2023; and
WHEREAS, the City of Benicia’s 36-inch raw water transmission pipeline along Lopes Road in the City of Fairfield was also damaged by the same landslide; and
WHEREAS, on April 4, 2023 , the City Council ratified a Proclamation Existence of a Local Emergency issued by the city manager on March 31, 2023, as the director of emergency services in accordance with Government Code Section 8558(c) after finding that conditions of extreme peril to the safety of persons and property had arisen in the city, caused by severe hillside slope failure along Lopes Road caused by storm event flooding and stormwater runoff; and
WHEREAS, Lopes Road was closed to all traffic and remains closed until permanent repair of the roadway, water pipelines, and appurtenances are complete; and
WHEREAS, permanent reconstruction of the roadway and water pipelines is the next step to ensure the safety, functionality, and well-being of the community; and
WHEREAS, the City of Fairfield will collaborate with the City of Benicia on the Lopes Road and Water Pipeline Reconstruction Project (Project), as both Cities experienced water pipeline damage in the same area and have a shared need for repair of the roadway, hillside slope, and water pipelines; and
WHEREAS, on February 6, 2024, the council approved a Memorandum of Understanding (MOU) between the City of Fairfield and the City of Benicia to provide for collaboration in sharing costs and resources in accordance with California law and leveraging Federal Emergency Management Agency (FEMA) grant opportunities; and
WHEREAS, an amendment to the MOU is recommended to amend project cost-sharing between the cities . The cost sharing for soft costs (design, environmental clearance/permitting, construction engineering/inspection) and shared construction items are allocated 75% to be paid by the City of Fairfield and 25% to be paid by the City of Benicia; and
RES. NO. 2025-48
WHEREAS, the City of Fairfield will be the lead agency and will administer contracts for design and construction, including permitting, environmental and geotechnical; and
WHEREAS, the City of Fairfield will submit invoices to the City of Benicia for reimbursement based upon the cost-sharing ratio generally set at 75% to be paid by Fairfield and 25% to be paid by Benicia unless specifically modified as provided in Amendment #1 to the MOU; and
WHEREAS, the City of Fairfield and the City of Benicia will submit reimbursement requests to FEMA for their respective expenses, as outlined in the MOU.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The city manager is hereby authorized and directed to execute Amendment #1 to the MOU between the City of Fairfield and the City of Benicia for cost-sharing of the Project costs on behalf of the City of Fairfield.
Section 2. The city manager is hereby authorized to do all things necessary to implement the above-mentioned Amendment #1 to the MOU.
PASSED AND ADOPTED this 1st day of April 2025, by the following vote:
AYES: MEMBERS: MOY / BERTANI / CARR / PANDURO / TONNESEN / SANDHU / WILLIAMS
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
______________________________________________________
MAYOR
ATTEST:
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CITY CLERK