2006/05/09 City Council Resolution (6)RESOLUTION NO. 2006-122
A RESOLUTION OF THE CITY COUNCIL OF ROHNERT PARK
AUTHORIZING AND APPROVING FUNDING AGREEMENT WITH
SONOMA COUNTY WATER AGENCY FOR FUNDING OF
COLEMAN CREEK STORM DRAIN EXTENSION PROJECT,
PROJECT NO. 2005-07
WHEREAS, the City of Rohnert Park and the Sonoma County Water Agency
determined the need to expedite a project to alleviate periodic flooding in the City's "G
Section" area; and
WHEREAS, the Coleman Creek Storm Drain Extension Project to address said
flooding was added to the Sonoma County Water Agency's FY 2005 -06 through FY
2009 -10 Capital Projects Plan, and the Zone I Advisory Committee allocated funding
from the Laguna -Mark West Zone lA fund for the project.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of
the City of Rohnert Park that it does hereby authorize and approve the Agreement for
Funding of Coleman Creek Storm Drain Extension Project, by and between Sonoma
County Water Agency, a body corporate and politic of the State of California, and the
City of Rohnert Park.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and
directed to execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of
Rohnert Park this 9`}' day of May, 2006.
CITY OF ROHNERT P.
Mayor Tim
ATTEST: 7®104 NERT
t
City Clerk
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TW 05/06 -66
Agreement for
Funding of Coleman Creek Storm Drain Extension Project
This Agreement is between the Sonoma County Water Agency, on behalf of its Zone 1A, a
body corporate and politic of the State of California (hereinafter "Agency'), and City of Rohnert Park
(hereinafter "City ").
RECITALS
A. The Coleman Creek Storm Drain Extension Project is described in Attachment A and is hereinafter
referred to as "Project." Attachment A is an integral part of this Agreement. Attachment B
provides a location map of the Project. Attachment B is an integral part of this Agreement.
B. City and Agency have evaluated the serious flood and storm damage which occurs to existing
residential and commercial structures within the Coleman Creek area in the City. Agency's Zone
1A 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. Funding for the Project is available from allocation in the category of "Coleman Creek Storm Drain
Extension," within Agency's Laguna -Mark West Zone 1A fund (Account No. 673202 -7221) of the
2005/06 budget.
D. Estimated Project costs are shown on Attachment C. Attachment C is an integral part of this
Agreement. City is requesting $528,000 from Agency's Zone 1A fund for the design and
construction of the Project during the 2006 construction season.
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.
F. 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 will prepare all appropriate environmental documents for the Project under the California
Environmental Quality Act (CEQA).
AGREEMENT
City and Agency agree as follows:
1. RECITALS
A. The above recitals are true and correct.
Agreement for Funding of Coleman Creek Storm Drain Extension Project
2. COORDINATION
A. City shall coordinate the work with Agency's Project Manager. Contact information:
Agency
city
Project Manager: Victor Swift
Contact: E die Tacata
PO Box 11628
6750 Commerce Blvd.
Santa Rosa, CA 95406
Rohnert Park, CA 94928 -2486
Phone: 707- 547 -1975
Phone: 707 - 588 -2232
Fax: 707 -524 -3782
Fax: 707 - 588 -2238
Email: vhs@scwa.ca.gov
Email: etacata@rpcity.org
3. CITY'S RESPONSIBILITIES
City shall complete the following at its cost and expense, except to the extent of Agency funding
provided for in Sections 4 and 5 below.
A. General: City agrees to perform all work in accordance with the requirements of applicable
federal, state, and local laws.
B. 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 copy of the draft
environmental document to Agency during public review process, and a final copy within
30 calendar days of approval of the document.
C. Permits: City shall obtain any permits that may be necessary from utilities or regulatory
agencies for construction of the Project.
D. Right -of -Way: City shall acquire any and all additional land or easements as necessary for
the construction of the Project.
E. Design and Surveying: City shall design the Project including all design surveying and
construction staking.
F. 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
Agency for review and comment. The 10 -year hydraulic grade line shall be drawn on the
draft Project profile drawing.
G. Final Plans and Specifications: City shall prepare and provide Agency with a final complete
set of all Project construction documents. The 10 -year hydraulic grade line shall be drawn
on the final Project profile drawing.
H. Insurance and Indemnification: City shall require its contractor to insure and indemnify
Agency and City using the language identified in Attachment D as the language for
insurance and indemnification requirements in the Bidding Documents and shall provide
evidence of such insurance and indemnification to Agency and City in a form satisfactory to
Agency and City. Attachment D is an integral part of this Agreement. In addition, City
shall require its consultants, if any, to indemnify, defend and insure Agency to the same
extent City requires its consultants to indemnify, defend, and insure City.
I. Bidding: City shall let Project to bid.
J. Award: City shall award construction contract to the lowest responsive and responsible
bidder unless circumstances exist that would prevent such award. Such award shall be
made on or before August 1, 2006.
Agreement for Funding of Coleman Creek Storm Drain Extension Project 2
K. Construction: City shall construct the Project in accordance with the Final Plans and
Specifications.
L. Contract Administration: City shall administer the contract for construction of the Project.
M. Inspection: City shall inspect the Project.
N. Notice of Completion and Record Drawings: City shall file the Notice of Completion for
construction and provide a copy to Agency within 30 calendar days of its filing. City shall
prepare record drawings showing any changes, deletions, or additions to the Project and
provide a reproducible set to Agency within 45 calendar days of filing the Notice of
Completion.
O. Title: All title to all Project facilities constructed pursuant to this Agreement shall vest with
City.
P. Operation and Maintenance: City shall accept ownership and shall operate and maintain
Project in perpetuity.
Q. 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 Agency at all reasonable times for
inspection and analysis.
R. 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 Agency a statement of complete
accounting of City's Project costs for the following categories:
1) Design
2) Inspection and contract administration
3) Construction costs
4) Change orders
S. Indemnification: City agrees to defend, indemnify, hold harmless, reimburse and release
Agency, its officers, agents, and employees, from and against any and all actions, claims,
damages, disabilities, liabilities and expense, including but not limited to attorneys' fees and
the cost of litigation incurred in the defense of claims as to which this indemnity applies or
incurred in an action by Agency to enforce the indemnity provisions herein, whether arising
from personal injury, property damage or economic loss of any type, that may be asserted
by any person or entity, including City, arising out of or in connection with the performance
of City hereunder, whether or not there is concurrent negligence on the part of Agency, but,
to the extent required by law, excluding liability due to the sole or active negligence or due
to the willful misconduct of Agency. If there is a possible obligation to indemnify, City's
duty to defend exists regardless of whether it is ultimately determined that there is not a
duty to indemnify. Agency shall have the right to select its own legal counsel at the expense
of City, subject to City's approval, which approval shall not be unreasonably withheld. This
indemnification obligation is not limited in any way by any limitation on the amount or
type of damages or compensation payable to or for City or its agents under workers'
compensation acts, disability benefit acts, or other employee benefit acts.
T. Invoices: City shall invoice Agency for costs authorized under this Agreement. All invoices
submitted to Agency by City shall be clearly marked with "City of Rohnert Park, Funding of
Coleman Creek Storm Drain Extension Project, Project /Task No. 7030 -2 and Account No.
673202 - 7221."
Agreement for Funding of Coleman Creek Storm Drain Extension Project 3
A
. AGENCY'S RESPONSIBILITIES
A. Initial Payment: Upon execution of this Agreement and receipt of an invoice thereof,
Agency will deposit with City $100,000, which is to finance Agency's share of Project design
costs.
B. Review of Plans and Specifications: Agency will review and comment on draft Project Plans
and Specifications within thirty days of receipt.
C. Subsequent Payment: Upon award of the construction contract, receipt of an invoice
thereof, and receipt of evidence of insurance and indemnification required in paragraph
3.H. Agency will deposit with City $428,000, which is to finance Agency's share of Project
construction, inspection, and contract administration costs.
5. ADDITIONAL REQUIREMENTS
A. Excess Costs: If the Project costs exceed the total amount authorized under this Agreement,
City shall:
1) not award the Project; or
2) fund Project costs in excess of the authorized amounts without additional contribution
from Agency; or
3) request additional funding from Agency. In such event, City shall submit a revised
Project cost estimate to Agency's General Manager/ Chief Engineer with a written
request, including reasons for cost overruns.
Agency is under no obligation to approve such requests. If Agency's General
Manager /Chief Engineer determines that the revised costs are reasonable and that
additional funds are available in Agency's Zone 1A accounts, Agency may, in its
discretion, amend this Agreement to increase Agency's contribution to Project pursuant
to paragraph 5.13 below. If Agency's General Manager/ Chief Engineer does not so
determine, City shall proceed pursuant to paragraph 1)5.A.1) or 5.A.2) above.
B. Authority to Amend Agreement: Changes to the Agreement may be authorized only by
written amendment to this Agreement, signed by both parties. Agency's General
Manager /Chief Engineer and City's Mayor, or City Manager if so delegated by resolution,
are authorized to amend the Agreement provided amendments do not cumulatively
increase the total cost to the Agency by more than $25,000 and do not substantially change
the scope of work. Agency's Board of Directors must authorize any amendments or series
of amendments that exceed this authority.
C. Contract not Awarded: If contract is not awarded, paragraphs 3.j through 3.P shall not
apply.
D. Refund of Remaining Funds: If the Project cost accounting statement submitted under
paragraph 3.R of this Agreement demonstrates that Project costs are less than the amounts
paid to City, City shall refund difference to Agency within 30 calendar days of submitting
said statement to Agency.
E. No Waiver of Breach: The waiver by 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.
Agreement for Funding of Coleman Creek Storm Drain Extension Project 4
F. 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 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 Agency acknowledge that they have each had an adequate opportunity to consult
with counsel in the negotiation and preparation of this Agreement.
G. 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.
H. 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.
I. 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.
J. 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. No
modification of this Agreement shall be effective unless and until such modification is
evidenced by a writing signed by both parties.
K. Time of Essence: Time is and shall be of the essence of�lhis Agreement and every provision
hereof.
L. Zone Liability: Work under this Agreement is being performed on behalf of the residents of
Sonoma County Water Agency's Laguna /Mark West Zone 1A ( "Zone "). City shall be paid
exclusively from Zone funds. City agrees that City shall make no claim for compensation
for City's services against other funds available to Agency and City expressly waives any
right to be compensated from other funds available to Agency. Iri addition, City
acknowledges that West's Annotated California Codes Water Code Appendix Chapter 53 -8
provides that certain judgments or claims against Agency based on causes of action arising
from Zone activities may be made only from funds of that Zone.
/
Agreement for Funding of Coleman Creek Storm Drain Extension Project 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
Reviewed as to substance:
Agency's Department Head
Reviewed as to funds:
Agency's Division Manager -
Administrative Services
Reviewed as to form:
r
County C sel
Approved as to form:
City Attorney
Attest:
City Clerk
Attest:
County Clerk and ex- officio Clerk of the
Board of Directors
Agreement for Funding of Coleman Creek Storm Drain Extension Project
City of Rohnert Park
a
Mayor
Sonoma County Water Agency
In
Chair, Board of Directors
ATTACHMENT A
Project Description
The upper Cook Creek watershed above Petaluma Hill Road is diverted to an Agency 66- inch /72-
inch /84 -inch storm drain that discharged to Coleman Creek near the intersection of Gavin Way and
Golf Course Drive. Cook Creek downstream of Petaluma Hill Road drains to a City - maintained 48-
inch storm drain at Baumgardner Lane that runs northerly on Gavin Way, draining to City streets, and
discharging into Coleman Creek at an 84 -inch storm drain outlet.
The hydraulic grade line of the 84 -inch pipe is several feet higher than that of the 48 -inch pipe. During
periods of somewhat heavy rainfall (storms of approximately 1 -year frequency or more), water flows
out of the 84 -inch pipe, then flows backwards up the 48 -inch pipe, and out storm drain inlets on Gavin
Way. This causes flooding up to 5 feet deep on Garrett Court, including damage to homes and
vehicles.
Coleman Creek is a manmade channel in the reach that runs northerly from the outlets for
approximately 700 feet before turning westerly. Due to flat terrain and heavy sediment loads, this
reach has no fall and in fact has some reverse steep grades. Once the channel turns westward, the
channel slope becomes significantly steeper, approaching one percent.
The Project would extend the existing 48 -inch storm drain along the west bank of the channel under the
existing asphalt bike/ pedestrian train approximately 660 feet, so that water discharges into the channel
downstream of the flat grade.
The Project will help alleviate flooding on Garrett Court near the Coleman Creek Channel, reduce
backflow out of the existing outlets, and prevent storm water from entering private properties.
Agreement for Funding of Coleman Creek Storm Drain Extension Project A -1
ATTACHMENT B
Location Map
Agreement for Funding of Coleman Creek Storm Drain Extension Project B -1
ATTACHMENT C
Summary of Estimated Costs
Item
Cost
Estimated Environmental Costs
m
Estimated Design and Other Preconstruction Costs
• Right -of -Way
$ 0
• Design
$ 70,000
Subtotal: Estimated Design and Other
Preconstruction Costs
Estimated Construction Costs
• estimated bid amount, including change
$387,700
orders / contingencies
• inspection & contract administration
$ 40,300
Subtotal: Estimated Construction, Change Orders,
Inspection, and Contract Administration Costs
Total Amount to be Funded
Agreement for Funding of Coleman Creek Storm Drain Extension Project C -1
ATTACHMENT D
INSURANCE REQUIREMENTS FOR CONTRACTORS
(with Construction Risks)
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG
0001).
2. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability,
code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subsection (b) of Section 2782 of the Civil Code.
5. Course of Construction insurance covering for "all risks" of loss.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage including operations, products and completed operations. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit_
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: 51,000,000 per accident for bodily injury or disease.
4. Course of Construction: Completed value of the project with no co- insurance penalty
provisions.
Deductibles and Self Insured Retentions
Any deductibles or self - insured retentions must be declared to and approved by the City. At the option
of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
Agreement for Funding of Coleman Creek Storm Drain Extension Project D -1
1. The City and Agency, their officers, officials, employees, and volunteers are to be covered as
insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed
by or on behalf of the contractor; and with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including materials, parts or
equipment furnished in connection with such work or operations. General liability coverage
can be provided in the form of an endorsement to the Contractor's insurance, or as a separate
owner's policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City and Agency, their officers, officials, employees, and
volunteers. Any insurance or self - insurance maintained by the City and Agency, their
officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall
not be canceled by either party, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City and Agency.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subsection (b) of Section 2782 of the Civil Code.
Course of construction policies shall contain the following provisions:
1. The City shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish the City and Agency with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms provided by the City
or on other than the City's forms, provided those endorsements or policies conform to the requirements.
All certificates and endorsements are to be received and approved by the City before work commences.
The City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
Indemnification
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend,
indemnify, hold harmless and release City and Agency, their officers, agents, and employees, from and
against any and all actions, claims, damages, liabilities, or expenses that may be assorted by any person
or entity, including contractor, arising out of or in connection with the performance of Contractor
hereunder, whether or not there is concurrent negligence on the part of City or Agency, but excluding
liability due to City's or Agency's active negligence or willful misconduct. This indemnification
Agreement for Funding of Coleman Creek Storm Drain Extension Project D -2
obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for Contractor or its agent under Workers' Compensation acts, disability
benefit acts, or other employee benefit acts.
Agreement for Funding of Coleman Creek Storm Drain Extension Project D -3