2007/09/25 City Council Resolution 2007-160RESOLUTION NO. 2007 -160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE
COUNTY OF SONOMA AND THE CITY OF ROHNERT PARK
FOR INTERIM PUBLIC WASTEWATER SERVICE TO THE
CANON MANOR WEST AREA PENDING COUNTY'S
ACCEPTANCE OF THE IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve an Agreement between the County of Sonoma and the City of Rohnert
Park for Interim Public Wastewater Service to the Canon Manor West Area Pending County's
Acceptance of the Improvements.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to execute this agreement in substantially similar form to the attached agreement for and on
behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 25"' day of September, 2007
ATTEST:
A At-
City C
CITY OF ROHNERT PARK
Mayor
BREEZE: AYE MACKENZIE: NO SMITH: NO STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (3) NOES: (2) ABSENT: (0) ABSTAIN: (0)
AGREEMENT BETWEEN THE COUNTY OF SONOMA
AND THE .CITY OF ROHNERT PARK .
FOR INTERIM PUBLIC WASTEWATER SERVICE
TO THE CANON MANOR WEST AREA PENDING COUNTY'S
ACCEPTANCE OF THE IMPROVEMENTS
This Agreement for Interim Public Wastewater Service to the Canon Manor West Area
(subsequently referred to as the "Interim Agreement "), . dated as of
2007 ( "Effective Date ") is by and between the County of
Sonoma (hereinafter "County "), and the City of Rohnert Park (hereinafter "City")-
RECITALS
WHEREAS, the County is constructing a public wastewater collection system to serve
the Canon Manor West Area, (the "Sewer System "); and
WHEREAS, the Canon Manor West Area is located in the unincorporated area of
Sonoma County near the intersection of Petaluma Hill Road and East Cotati Avenue and
depicted on the map attached as Exhibit "A" to this Agreement; and
WHEREAS, the County and City entered into an "Agreement to Provide Public
Wastewater Service to the Canon Manor West Area" in 2001 (the "2001 Agreement ").
WHEREAS, the 2001 Agreement provides that the City will operate and maintain the
Sewer System after the County has completed and accepted the improvements.
WHEREAS, although the Sewer System is not yet complete or accepted, the County
wishes to provide wastewater .services for new and current residents of the Canon Manor West
Area and has requested that the City operate the Sewer System on an interim basis.
WHEREAS, the County represents that the Sewer System is sufficiently complete to be
operated safely and in accordance with all applicable laws, regulations and permits.
WHEREAS, the County and City wish to agree that for the duration of this Agreement
the County will reimburse the City for its costs so that City residents do not subsidize sewer
service in Canon Manor.
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NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
contained herein, the parties hereto agree as follows:
AGREEMENT
1. County arrangements. County will make all necessary arrangements, including but
not limited to obtaining all required permits, licenses and other authorizations from agencies
having jurisdiction, for City to operate the Sewer System in accordance with all applicable
federal, state and local laws, regulations, and ordinances ( "Applicable Laws ").
2. County warranty. Before City commences operation of any part of the Sewer
System, County will warrant to City that the Sewer System is sufficiently complete to be
operated in accordance with the Applicable Laws.
3. City operation. City will begin operating the Sewer System described above on a
mutually agreeable date. When City begins operating the Sewer System, City will undertake to
perform routine maintenance on the equipment it is operating, in accordance with the Sewer
System Operation and Maintenance Manual. City will not be responsible for any incomplete or
nonconforining parts of the Sewer System, .or for damage to the Sewer System resulting from
events or causes other than City's sole or gross negligence, including operation of the Sewer
System prior to its completion and acceptance.
4. County training. County will be solely responsible for training the City in operation
and maintenance of the Sewer System, and will provide this training prior to the date the City
begins operation of the Sewer System.
5. County equipment and supplies. County will provide necessary equipment and
supplies to operate Sewer System during interim operation and compensate City for the interim
operation.
6. County payment. The County will pay the City $5,000 per month to operate and
maintain the Sewer System for up to 100 hookups. After more than 100 hookups have been
made, the County will. pay the City $10,000 per month to operate and maintain the Sewer
System. County will make payment within thirty (30) days of receipt of an invoice from City.
County's obligation to pay City shall not be conditioned upon County's collection of fees or other
payment from users or other sources.
7. County completion. County will pursue completion of the construction of the Sewer
System as provided for in the 2001 Agreement, and May 25, 2006, letter, attached as Exhibit "B"
to this Agreement, and pursue necessary regulatory agency operating permits in conjunction with
City at no cost to City during the interim operation of the Sewer System.
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8. 2001 Agreement. The parties mutually agree that this "Interim" Agreement does not
change, modify, or invalidate any provision of the 2001 Agreement except as expressly provided
herein. In the event of a conflict between this Agreement and the 2001 Agreement prior to
acceptance of the Sewer System, this Agreement controls.
9. Indemnification for City's performance. County will, to the fullest extent allowed by
law, hold harmless, defend (with counsel approved by the City) and indemnify the City and its
officers, officials, employees, agents, and volunteers from and against all claims (including all
litigation, demands, damages, liabilities, costs,. and expenses, and including court costs and
attorney's fees) arising out of, pertaining to, or relating to the City's maintenance and operation of
the Sewer .System or performance of its obligations under this Agreement or the 2001.
Agreement, including claims arising from, pertaining to, or related to the City's active negligence
with regard to Sewer System operation, and without regard to County's negligence, except where
caused by the sole or gross negligence or willful misconduct of the City. This indemnification
includes, but is not limited to, any claims filed by the County, Canon Manor property owners, or
contractors. The provisions of this section survive completion of the services or the termination
of this Agreement, but apply only to claims related to operation and maintenance of the Sewer
System or performance of City's obligations under this Interim Agreement, and apply only to
events occurring during the term of this Agreement as defined in Paragraph 20.
10. Independent contractors. The parties intend and agree that each of them, in
performing the obligations specified in this Agreement, shall act as independent contractors and
shall control the work and the manner in which it is performed. Neither party is an employee or
agent of the other. party.
11. Assignment. Neither party hereto shall assign, delegate, sublet, or transfer any
interest in or duty under this Agreement without the prior written consent of the other, and .no
such transfer shall be of any force or effect whatsoever unless and until the other party shall have
so consented.
12. Notice. All notices, bills, and payments shall be made in writing and may be given
by personal delivery or by U. S. Mail or courier service. Notices, bills, and payments shall be
addressed as follows:
TO COUNTY:
Sonoma County Director of Transportation & Public Works
2300 County Center Dr., Suite B -100
Santa Rosa, CA 95403
TO CITY:
City Manager
City of Rohnert Park
6750 Commerce Boulevard
Rohnert Park, CA 94928
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When a notice, bill or payment is given by a generally recognized overnight courier service, the
notice bill or payment shall be deemed received on the next business day. When a copy of a
notice, bill or payment is sent by facsimile or email, the notice, bill or payment shall be deemed
received upon transmission as long as (1) the original copy of the notice, bill or payment is
promptly deposited in the U. S. Mail and postmarked on the date of the facsimile or email (for a
payment, on or before the due date), (2) the sender has a written confinnation of the facsimile
transmission or email, and (3) the facsimile or email is transmitted before 5 p.m. (recipient's
time). In all other instances, notices, bills, and payments shall be effective upon receipt by the
recipient. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this paragraph.
13. Waiver. The waiver by either party of any .breach of any term or promise contained
in this Agreement shall not be deemed to be a waiver of such term or provision or any
subsequent breach of the same or any other term or promise contained in this Agreement.
14. Interpretation. City and County 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 County acknowledge that they have each had an adequate opportunity to consult
with counsel in the negotiation and preparation of this Agreement.
15. Third parties. Nothing contained in this Agreement shall be .construed to create and
the parties do not intend to.create any rights in third parties.
16. Applicable law. This Agreement shall be construed and interpreted according to the
substantive law of California regardless of the law of conflicts to the contrary in any jurisdiction.
Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and
tried in Santa Rosa or the forum nearest to the city of Santa Rosa, in the County of Sonoma.
17. 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.
18. Final agreement. 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.
19. Time of the essence. Time is and shall be of the essence of this Agreement and every
provision hereof
20. Term. The term of this Agreement shall be from the date of its approval, until
acceptance of the Sewer System by the County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
Effective Date.
CITY: CITY OF ROHNERT PARK
By:
Name:
Title:
APPROVED AS TO FORM BY CITY:
City Attorney
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COUNTY: COUNTY OF SONOMA
By:
Director, Sonoma County Department of
Transportation and Public Works
ATTEST:
By:
Robert Deis, Clerk of the Board of
Supervisors
APPROVED AS TO FORM FOR
COUNTY:
By:
County Counsel
Date:
5 July 9, 2007
EAST RARROAU
LOCA -nON' MAP
NOT TO SCALE
BOUNDARIES OF
CANON MANOR WEST
ASSESSMENT DISTRICT
City Council
Tim Smith
. Mayor
Vicki Vdak- Martinez
vice-Mayor
Amie L. Breeze
Armando F. Flores
Jake Mackenzie
Council Members
Stephen R Donley
City Manager
Daniel Schwarz
Assistant City Manager
Judy Hauff
Cdy Clerk
Michelle Marchetta Kenyon
City Attorney
Gabrielle P. Whelan
Assistant City Attorney
Thomas R. Bullard
Director ofPubhc Safety
Ron Bendorff
Dkedor of Community Devetopment
Darrin W. Jenkins
Director of Public Works /
City Engineer
Sandra M. Lipitz
Director ofAdministrative Services
May 25, 2006
Dave Knight, Director
Department of Transportation and Public Works
Sonoma County.
2300 County Center Drive, Suite B -100
Santa Rosa, CA 95403
RE: Canon Manor Project
Dear Mr. Knight:
Plan Approval
As you know the City of Rohnert Park has been working closely with your staff
-and consultants to review and approve the. plans for the sewer
elements of the Canon Manor Assessment District Project. In effort to save
time the project was put out to bid before approved plans were available. A
contract was awarded by the Board of Supervisors and a preconstruction
meeting was held prior to approval of the construction plans. To avoid
delaying the contractor from beginning work on the project, County, staff has
requested that Rohnert Park approve the plans while there remain a few items
to be addressed to the. City's satisfaction. I am therefore approving the plans
for construction with the condition that those issues must be resolved prior to
the City's acceptance of the project for maintenance. As. a guarantee of this,
in order to protect the City's . interests, the County shall deposit with the City
$50,000 for the purposes of addressing any of the issues outlined below if they
remain unresolved at the end of construction. However, the County is
cautioned that $50,000 may not fully fund changes that would need to be
made in the future if they are not addressed early in the construction process.
Each of the remaining issues. was discussed in detail with John Kottage and
your consultants on May 24, 2006. The issues to be addressed prior to
acceptance are as follows:
1. Pump Station Drainage -- Provide depressed area near pump
station building to catch spilled diesel fuel. Design is to be in
accordance with 40 CFR 112 as applicable.
2. Hydrogen Sulfide Study Per City Standards, provide
calculations to determine the need for hydrogen sulfide
suppression in the force main_ The design is not complete
without this, unless the design includes hydrogen sulfide
suppression.
3. Trap- Primer - A sewer gas trap has been provided, however,
there is no way to keep this filed with clean water. It may serve
as a point for solids to collect as water evaporates. A trap
primer needs to be installed.
4. Process Instrumentation and Control System — Connect
pressure indicating transmitter on the discharge piping to the
SCADA computer and display value.
5. Coating Aluminum in Contact with Concrete - Please specify a
coating for the aluminum concrete interface.
Exhibit B
Knight, Canon Manor, May 25, 2006, p. 2
6. TV Inspection of Sewer Lines — All gravity sewer pipelines shall
be TV inspected at the cost of the contractor with copies
provided to the City.
7. Building Structural Calculations/Detailing. - There remain some
questions on the structural assumptions, details and
calculations. These need to be addressed.
8. Unspecified Items - There are no specifications provided for the
"Pig Catcher" or the "Cover with Struts'. City will . review and
approve the submittals and have absolute right of refusal. Any
items installed not approved by the City .will be removed and
replaced..
9. Infiltration testing is required for all gravity sewers.
10. Landscaping will use recycled water if possible.
11. Irrigation controller electric powered and not battery operated.
12. Rohnert. Park needs copies of easements that provide the City
rights to maintain the sewer system on private property.
Construction Coordination
During construction Rohnert Park will utilize its Public Works Inspector, George Frostick and
Coastland Civil Engineering to review the work and submittals. They will make a
recommendation to me that the work either does or does not meet the construction contract
documents.
Yesterday we received a list of submittals on a copy of a Letter o€ Transmittal from North Bay
Construction, Inc. to Sonoma County. I have lined out the submittals Rohnert Park does not
need to review. The remaining submittals on the transmittal lists need to be sent to both
Rohnert Park and Patrick Barnes at Coastland as soon as possible to facilitate our review. It
may be most efficient for North Bay (or the County) to just include Rohnert Park and
Coastland in distribution of all submittals rather than provide lists for us to select from after
the fact. One of the transmittals was from May 4, 2006 and neither Rohnert Park nor
Coastland has received copies. Meanwhile, North Bay, is anxious to receive - approval of
these submittals.
Rohnert Park has received an application for an encroachment permit from the contractor.
Rohnert Park has yet to receive documentation of the appropriate insurance from the County.
We cannot issue the encroachment permit without said insurance documentation.
Additionally, prior to issuance of the encroachment permit, Rohnert Park needs to receive
$50,000 to fund the remaining construction plan and specification review, construction
oversight and encroachment permit administration. This is separate and apart from the
$50,000 good faith deposit outlined above.
Building Permit Coordination
At the preconstruction meeting on Tuesday and again on Wednesday of this week I raise the
concern about .coordination between Rohnert Park and Sonoma County on the building
permit processing in Canon Manor. While I recognize. that you are not responsible for the
building permit processing for Canon Manor, I am asking for any assistance you can provide
in encouraging the Permit and Resource Management Department to give this matter proper
attention. As you know the agreement between our agencies states:
6750 Commerce Boutevard • Rohnert Park CA • 94928 • (707) 588-2243 • Fax (707) 588 -2274
www.rpcity orci
Knight, Canon Manor, May 25; 2006, p. 3
"Sonoma County shall refer all applications for development within
Canon. Manor West to Rohnert Park for review, comment, and
consultation prior to taking action on such applications. Sonoma
County shalt issue a building permit for a single family residence
within Canon Manor only after receipt of a written certification from
the Rohnert Park City Engineer that the then applicable sewer
connection fee has been paid to the City."
Rohnert Park considers all building permits "applications for development" and as such they
need to be reviewed by Rohnert Park:
Thank you in advance for your attention to .these details to ensure the project goes smoothly-
1 .know we both look forward to a day when we can look back on the Canon Manor project and
consider it: a success.. Call or email me to discuss anything at daienkins(a)rpciiy.org or 588-
2243.
Sincerely,
Darrin Jenkins, PE
ec: Sonoma County: Steve Urbanek, John Kottage; John Maitland
Rohnert Park: Steve Donley, Rick Pedroncelli, George Frostick,
Warren Naumann, Mike Bracewell
Consultants Leroy Carlenzoli, Patrick Barnes, Matt McKamey
6750 Commerce Boulevard •Rohnert Park CA • 94328 • (707) 588 -2243 • Fax (707) 588 -2274
www.rpcAV_orq