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FORS, Citv Council Staff Report
CONSENT CALENDAR OCTOBER 4, 2006
Subject: APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(RCFC) RELATED TO CONSTRUCTION OF THE PALM CANYON
WASH FLOODWALLS, CITY PROJECT 90-06, RCFC PROJECT NO. 6-
0-00040
From: David H. Ready, City Manager
Onitiated by: Public Works and Engineering Department
SUMMARY
The project includes construction of flood control improvements identified as "Palm
Canyon Wash Floodwalls", on existing flood control levees adjacent to the Palm Canyon
Wash, which are operated and maintained by the Riverside County Flood Control and
Water Conservation District (RCFC). Upon completion of the project, RCFC will operate
and maintain the flood walls constructed by the City. The Cooperative Agreement
between the City and RCFC is a standard agreement for construction of flood control
improvements that will ultimately be operated and maintained by RCFC.
RECOMMENDATION:
1) Adopt Minute Order No. , approving a Cooperative Agreement between the
Riverside County Flood Control and Water Conservation District and the City of
Palm Springs, associated with the construction, operation, and maintenance of
flood control improvements identified as "Palm Canyon Wash Floodwalls",
Project No. 6-0-00040, and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
In 1992, the City began coordination efforts to prepare for the design of the expansion
of the City's municipal golf course in the Tahquitz Creek floodway. The expansion of
the golf course within the Tahquitz Creek required extensive cooperation with the Army
Corps of Engineers, the Federal Emergency Management Agency (FEMA), Riverside
County Flood Control District (RCFC), and a variety of other state and federal agencies.
ITEM NO. 2 , 4' .
City Council Staff Report
October 4, 2006 - Page 2
Palm Canyon Wash Floodwalls Cooperative Agreement
The City selected the services of John M. Tettemer & Associates, LTD., in 1992 to
provide the extensive technical services that were necessary for the City to receive the
state and federal approvals required to construct the expansion of the Tahquitz Creek
golf course that exists today.
The original contract with Tettemer, approved as Agreement No. 3157 on October 7,
1992, provided the City with the initial design services and coordination efforts between
the City and the Army Corps of Engineers, FEMA, and RCFC. Their work resulted in
completion of hydraulic analysis of the proposed Tahquitz Creek golf course and other
work that allowed the City to receive a "Conditional Letter of Map Revision" (CLOMR)
dated April 18, 1994, Case No. 94-09-495R (see Attachment 1).
FEMA's CLOMR required a number of items relevant to the City's golf course
expansion, in order to provide for continued flood control protection of adjacent
properties. The intent of the CLOMR was to provide the City with guidance on what
would be required by FEMA to ensure that the City's construction within the Tahquitz
Creek floodway would not reduce the capacity of the floodway and raise the depth of
floodwaters during a 100-year storm. One of the relevant issues was the fact that some
of the golf course construction within the Tahquitz Creek included placement of fill within
the floodway, which would in fact increase the base flood elevations. In order to provide
flood control protection of adjacent properties, flood control levees were required, and in
some cases, floodwalls on top of the levees were required to provide additional
"freeboard" to meet FEMA's requirement.
On June 16, 2004, City Council approved a contract with Tettemer & Associates to
complete the design services necessary to provide civil engineering plans,
specifications and estimates (PS&E) for construction of the required floodwalls along
the Palm Canyon Wash/Tahquitz Creek levees. These floodwalls will consist of various
height (3-4 feet high) masonry block walls constructed along the top of the existing
levees within the RCFC levee maintenance roads. These plans have been reviewed
and approved by RCFC, and the floodwalls will eventually be owned and maintained by
RCFC as part of the City's regional flood control improvements.
RCFC has prepared a Cooperative Agreement to facilitate the design, construction and
maintenance of the Palm Canyon Wash floodwalls. The Cooperative Agreement
outlines the requirements of the City and RCFC with respect to the project, which
requires the City to construct the flood control improvements, requires RCFC to inspect
and approve the construction of the flood control improvements, and requires the City to
provide access rights and easements to RCFC for operation and maintenance of the
flood control improvements.
After verification of the construction of the required floodwalls and submittal to FEMA of
all necessary information, the City's CLOMR issued by FEMA will be finalized as a
"Letter of Map Revision" (LOMR), which will effectively formalize the removal of
properties adjacent to the Palm Canyon Wash and Tahquitz Creek from the designated
City Council Staff Report
October 4, 2006 - Page 3
Palm Canyon Wash Floodwalls Cooperative Agreement
Special Flood Hazard Area (see Attachment 2). Specifically, the Special Flood Hazard
Area will be reduced along the Palm Canyon Wash, from approximately 2,000 feet
upstream of the confluence with Tahquitz Creek to approximately 3,000 feet upstream
of the confluence, and along Tahquitz Creek, from approximately 2,000 feet upstream of
the confluence with Palm Canyon Wash to approximately 5,000 feet upstream of ffia
confluence.
-r,7 J _
FISCAL IMPACT: IFinance Director Review: Pl/
Approval of the RCFC Cooperative Agreement has no fiscal impact. Stairwill complete
preparation of final plans, specifications and estimate (PS&E) of the Palm Canyon
Wash floodwalls, and schedule approval of the PS&E by the City Council at a later date.
David J. Barakian Thomas J. Wi on
irector of Public Works/City Engineer Assistant City Manager
^David H. Ready, Clty MaDag6r�
ATTACHMENTS:
1. FEMA CLOMR dated April 18, 1994
2. Flood Insurance Rate Map
3. Cooperative Agreement
4. Minute Order
Federal Emergency Management Agency
Washington, D.C. 20472
APR 18 1994
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
The Honorable Lloyd Martanov
Mayor, City of Palm Springs
P.C. Box 2743
Palm Springs, California 92263-2743
Dear Mayor Martanov:
IN REPLY REFER T0:
Cape No.: 94-09-495R
Community: City Sf Palm
Springs, California
Community No.: 060257
104
IT
This is in regard to a telephone conversation an February 25, 1994, with
Mr. Alan A. Swanson, P.E., Vice President, Engineering, John M. Tettemer &
Aspociatcs, Ltd. (JTA), concerning a Conditional Letter of Map Revision
(CLOMR) issued on February 10, 1994, for the City of Palm Springs,
California. During the conversation, Mr. Swanson explained that all areas of
fill will be protected by the proposed levee improvements. Therefore, we are
reissuing the CLOMR to remove the requirement of fill compaction and to more
specifically state the data that will be required for the Federal Emergency
Management Agency (FEMA) to recognize the protection provided as a result of
the levee improvements.
The February 10 CLOMR was issued in response to a letter from Mr. R.W.
Pnrkina, City Manager, City of Palm Springs, dated July 21, 1993, and a
followup letter from Mr. Swanson dated December 7, 1993. Mr. Parkins
requested that FEMA evaluate the effects that the proposed expansion of the
City of Palm Springs municipal golf course would have on the effective Flood
Insurance Study (FIS) report, Flood Insurance Rite Map (FIRM), and Flood
Boundary, and Floodway Map (FEFM). The proposed project includes the
placement of fill and levee improvements along Palm Canyon Wash and Tahquitz
Creek.
All data required by FEMA to evaluate this request were submitted by
Mr. Parking with his letter dated July 21, 1993, and by Mr. Swanson with his
letter dated December 7, 1993, and during the February 25, 1994, telephone
conversation. All feea necessary to process the February 20, 1994, CLOHR (a
total of $3,730) have been received. No additional fees were required to
process this reissuance.
We have reviewed the data submitted and the flood data used to prepare the
effective FIRM and FHFM for the City of Palm Springs, California. The
submitted existing conditions HEC-2 hydraulic computer model, dated
December 1993, based on updated topographic information, was used as the base
conditions model in our review of the proposed conditions model for this
CLOMR request. We believe that if the proposed project is constructed as
shown on the plans entitled "Palm Springs Golf Course, North Levee Plan and
Profile, Sta. 12+00 to Sta. 21+00," prepared by JTA, dated August 3, 1993;
"Palm Canyon Wash, Floodwall, North and South Levees," prepared by JTA,
undated; "City of Palm Springs, Plana for Construction of Palm Springs Colf
Course, Tahquitz Erosion protection," prepared by JTA, dated September 13,
1993; and "Palm Springs Calf Course, Gene Autry Trail & Tahquitz Creek, Palm
Springs, California, Construction ❑rawings," prepared by Mr. Theodore C.
Robinson, Golf Course Architect, dated April 12, 1993, the 300-year
floodplain boundaries will be delineated as shoran on the topographic work map
entitled "City of Palm Springs, Municipal Golf Course Expansion Project,
Conditional Letter of Map Revision Request Work Map," prepared by JTA, dated
December 1993.
As a result of the placement of fill, the base (100-year) flood elevations
(BFEs) will increase along palm Canyon Hash and Tahquitz Creek in the area of
the proposed project. However, as a result of the proposed levee
improvements, the 100--year flood will be contained within the levees. The
Special Flood Hazard Area will be reduced along Palm Canyon Wash, from
approximately 2,000 feet upstream of the confluence with Tahquitz Creek to
approximately 3,000 feet upstream of the confluence, and along Tahquitz
Creek, from approximately 2,000 feet upstream of the confluence with Palm
Canyon Wash to approximately 5,000 feet upstream of the confluence.
This CLOMR supersedes the CLOMR issued on February 10, 1994.
Upon completion of the project and receipt of the data listed below, we will
make a final determination on revising the effective FIS report, FIRM, and
FRYM.
Detailed application and certification forms, which were used in
processing this request, must be used for requesting final
revisions to the maps. Therefore, when the map revision request
for the area covered by this letter is submitted, Form 2, entitled
"Certification by Registered Professional Engineer and/or Land
Surveyor," moat be included and must provide certification of the
geotechnical aspects of the project. (A copy of this form is
enclosed.)
Please note that the National Flood Insurance Program (HFIP) is
non -taxpayer funded and its expenses are paid for by policyholders.
Therefore, to minimize the financial burden on the policyholders
while maintaining the NFTP as self-sustaining, FEMA has implemented
a procedure to recover coats associated with reviewing and
processing requests for modifications to published flood
information and maps. Therefore, an initial fee of $225, which
represents the minimum charges associated with a request of this
type, must be submitted before we can process your revision
request. Payment of this fee shall be made in the form of a check
or money order made payable in U.S. funds to the National Flood
Insurance Proeram, or by credit card payment. The payment is to be
forwarded to the following address:
Federal Emergency Management Agency
Revisions Fee -Collection System Administrator
P.O. Box 3173
Merrifield, Virginia 22116
r
3
• As -built plans, certified by a registered professional engineer, of
all proposed project elements
• Evidence that• freeboard requirements will be maintained, based on
engineering analyses, as required by Paragraph 65.10(b)(5) of the
NFIP regulations, that assess the potential and magnitude of future
losses of freeboard as a result of levee settlement for the portion
of the Palm Canyon Wash ❑outh Levee that is being raised
• Copy of the public notice distributed by the community stating the
community's intent to revise the floodway, or a statement- by the 7
commwnity that it has notified all affected property owners and
affected adjacent jurisdictions
• An officially adopted maintenance and operation plan, in accordance
with Paragraphs 65.10(c) and (d) of the NFIP regulations, for the
Palm Canyon Wash north and south levees. This plan, which may be
in the form of a written statement from the community Chief
Executive Officer, an ordinance, or other legislation, must
describe the nature of the maintenance activities, the frequency
with which they will be performed, and the title of the local
community official who will be responsible for ensuring that the
maintenance activities are accomplished. The plan must
specifically state the frequency of the removal of deposited
sediment from the improved channelB.
• The report entitled "ApplicationiCertification Forms To Obtain a
Conditional Letter of Map Revision for the City of Palm Springs
Municipal Golf Course Expansion Project," prepared by JTA, dated
December 1993, states that sediment deposition occurs along Palm
Canyon Hash and Tahquita Creek. However, no sediment transport
analysis was provided. After completion of the project, please
submit a sediment transport analysis .for as -built conditions.
Also, please submit copies of the previously submitted Form 5,
entitled "Channelisation Form," revised to reflect the results of
the sediment transport analysis for each stream.
After receiving appropriate documentation to show that the project has been
completed, FBMA will initiate a revision to the FIS report, FIRM, and FBFM.
Because the BFSs would change as a result of this project, a 90-day appeal
Period would be initiated, during which community officials and interested
persons may appeal the revised BFBs based on scientific or technical data.
Because the existing floodway will need to be modified as part of the
revision, we would require a letter from you stating that the community would
adopt and enforce the modified floodway. If the State of California has
jurisdiction over either the floodway or its adoption by your community, we
would need a copy of your letter to the appropriate State agency notifying it
of the floodway modification and a copy of a letter from that agency stating
its approval of the modification.
«_ 4
The basis of this CLCMS is a proposed chaunel-modificati on project.
Paragraph 60.3(b)(7) of the NFIP regulations requires that communities
"assure that the flood -carrying capacity within the altered or relocated
portion of any watercourse is maintained." Thin provision is incorporated
into your community's existing flaodplain management regulations.
Consequently, your cos unity must agree to accept responsibility for the
maintenance of the modified channel before allowing its construction.
This response to Mr. Parking' request in based an minimum floodplain
management criteria established under the NFIP. Your community is
responsible for approving all proposed floodplain development, including this
request, and for assuring that the necessary permits required by Federal or
State law have been received. State and community officials, based on
knowledge of local, conditions and in the interest of human safety, may set
higher standards for construction or may limit development in floodplain
areas. If the State of California or the City of Palm Springs has adopted
more restrictive or comprehensive floodplain management criteria, those
criteria take precedence over the minimum NFIP requirements.
Should you have any questions regarding this matter, please contact the
Division Director, Mitigation Division of FEMA in San Francisco, California,
at (415) 923-7175, or Mr. John Magnotti of our staff in Washington, DC,
either by telephone at (202) 646-3932 or by facsimile at (202) 646-2577.
Sincerely,
ichae Z"Ruie0y, P.B., Chief
Bazard Identification Branch
Mitigation Directorate
Enclosure
cc: Mr. Kenneth L. Edwards
General Manager -Chief Engineer
Riverside County Flood Control
and Water Conservation District
Mr. B.W. Parkins
City' Manager
City of Palm Springs
Mr. Alan A. Swanson, P.E.
Vice President, Engineering
John M. Tettemer & Associates, Ltd.
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106943 10
COOPERATIVE AGREEMENT
1
2 (PALM CANYON WASH FLOODWALLS)
(Project No. 6-0-00040)
3
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
4
5 CONSERVATION DISTRICT, hereinafter called "DISTRICT" and the CITY OF PALM
6 SPRINGS, hereinafter called "CITY", hereby agree as follows:
7 RECITALS
8 A. CITY has budgeted for and wishes to construct parallel floodwalls atop
9 segments of DISTRICT'S existing Palm Canyon Wash levee. The 17oodwall to be constructed
10 atop the northerly levee, hereinafter called the "NORTId WALL", consists of four (4) sections
11
totaling approximately 2,875 lineal feet of concrete masonry wall as shown in concept in blue on
12
13 Exhibit "A" attached hereto and made a part hereof. The floodwall to be constructed atop the
14 southerly levee, hereinafter called the "SOUTH WALL", consists of two (2) sections totaling
15 approximately 4,180 lineal feet of concrete masonry wall as shown in concept in red on Exhibit
16 "A". NORTH WALL and SOUTH WALL are hereinafter altogether called "PROJECT'; and
Ill B. Upon completion of PROJECT construction, CITY desires DISTRICT to
18
accept ownership and responsibility for operation and maintenance of PROJECT. Therefore,
19
20 DISTRICT must review and approve CITY'S plans and specifications and subsequently inspect
21 the construction of PROJECT; and
22 C. DISTRICT is willing to: (i) take all appropriate actions necessary to
23 comply with the California Environmental Quality Act (CEQA), (ii) review and approve the
24 PROJECT plans and specifications, hereinafter called "IMPROVEMENT PLANS", in
25
accordance with DISTRICT and CITY standards, (iii) perfonn periodic inspections of PROJECT
26
construction for quality control purposes, and (iv) accept ownership and responsibility for the
27
28 operation and maintenance of PROJECT improvements provided CITY (i) complies with this
106943_10
Agreement, (ii) pays DISTRICT the amounts specified herein to cover DISTRICT'S plan review
2 and construction inspection costs, (iii) constructs PROJECT in accordance with plans and
3 specifications approved by DISTRICT and CITY, (iv) obtains all necessary permits, regulatory
4 permits, licenses and rights of entry as set forth herein, (v) accepts ownership and responsibility
5 for the operation and maintenance of PROJECT until such time as DISTRICT accepts
6 ownership and responsibility for the operation and maintenance of PROJECT as provided herein
7
and (vi) assumes sole responsibility for the removal of any graffiti from PROJECT; and
8
9 D. CITY is willing to: (i) take all appropriate actions necessary to comply
10 with CEQA, (ii) prepare "IMPROVEMENT PLANS", (iii) secure all right of way necessary to
II construct, inspect, operate and maintain PROJECT, (iv) provide DISTRICT an opportunity to
12 review and approve IMPROVEMENT PLANS prior to advertising for PROJECT construction
13 bids, (v) advertise and administer PROJECT construction contract, (vi) pay all costs associated
14
with PROJECT'S design and construction, (vii) perform all required environmental studies and
15
16 obtain all necessary regulatory permits, and (viii) accept ownership and sole responsibility for
17 the operation and maintenance of PROJECT until such time as DISTRICT accepts PROJECT for
IS ownership, operation and maintenance as provided herein; and
19 E. It is in the best interest of the public to proceed with the construction of
20 PROJECT at the earliest possible date.
21 NOW, THEREFORE, the parties hereto mutually agree as follows:
22
SECTION I
23
CITY shall:
24
25 1. Pursuant to CEQA, assume Lead Agency role and responsibility for
26 preparation, circulation and adoption of all necessary and appropriate CEQA documents
27 pertaining to the construction, operation and maintenance of PROJECT.
28
-2-
106943__10
2. Prepare, or cause to be prepared, IMPROVFMENT PLANS in accordance
2 with CITY and DISTRICT standards-
3 3. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
4 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by
5 DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS,
6
review and approval of right of way and conveyance documents, and with the processing and
7
administration of this Agreement-
8
9 4. Deposit with DISTRICT (Attention_ Business Office — Accounts
10 Receivable), at the time of providing written notice to DISTRICT of the start of PROJECT
11 construction as set forth in Section I.11., the estimated cost of providing construction inspection
12 for PROJECT in the amount of seven thousand five hundred dollars ($7,500.00). If at any time
13 DISTRICT'S costs exceed the deposit or are anticipated by DISTRICT to exceed the deposit.
14
CITY shall pay such additional amount(s), as deemed reasonably necessary by DISTRICT to
15
16 complete inspection of PROJECT, within thirty (30) days after receipt of billing from
17 DISTRICT.
18 5. Obtain all necessary rights of way, rights of entry and temporary
19 construction easements necessary to construct, operate and maintain PROJECT.
20 6. Obtain all necessary permits, approvals or agreements required by any
21
Federal or State resource or regulatory agencies pertaining to the construction, operation and
22
maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS",
23
24 may include, but are not limited to, a Section 404 permit issued by USACOE, a Section 401
25 Water Quality Certification issued by the California Regional Water Quality Control Board
26 (CRWQCB). a Section 1601 Streambed Alteration Agreement issued by the California
27 Department of Fish and Game and National Pollutant Discharge Elimination System Permits
28 issued by the State Water Resources Control Board or CRWQCB.
-3-
10694310
1 7. Prior to advertising for bids, provide DISTRICT an opportunity to review
2 and approve all REGULATORY PERMITS.
3 8. Prior to awarding a public works construction contract for PROJECT,
4 provide DISTRICT an opportunity to review and approve IMPROVEMENT PLANS.
5 9. Construct PROJECT, pursuant to a CITY administered construction
6
contract, in accordance with IMPROVEMENT PLANS approved by CITY and DISTRICT and
7
8 pays all costs associated therewith.
9 10. Furnish, or cause its construction manager to furnish, all construction
10 survey and materials testing services necessary to construct PROJECT.
11 11. Provide DISTRICT with written notice that CITY has awarded a
12 construction contract for PROJECT.
13
12. Prior to commencing PROJECT construction, furnish DISTRICT with the
14
original IMPROVEMENT PLANS and assign their ownership to DISTRICT.
15
16 13. Not permit any change to or modification of IMPROVEMENT PLANS
17 without the prior written permission and consent of DISTRICT -
is 14. Prior to commencing PROTECT construction, CITY shall schedule and
19 conduct a mandatory pre -construction meeting between CITY, CITY'S construction manager,
20 CITY'S construction contractor(s), DISTRICT and other affected entities. CITY shall notify
21
DISTRICT (Attention: Contract Administration) in writing at least twenty (20) days prior to
22
23 conducting the pre -construction meeting.
24 15. Require its PROJECT construction contractor(s) to procure and maintain
25 comprehensive liability insurance which shall protect DISTRICT and the County of Riverside
26 from claims for damages for personal injury, including accidental or wrongful death, as well as
27 from claims for property damage, which may arise from C.ITY'S construction of PROJECT or
2s
the performance of its obligations hereunder, whether such construction or performance be by
-4-
106943_10
I CITY, the aforementioned construction contractor(s), or any subcontractors to said construction
2 contractor(s), or by anyone employed directly or indirectly by said construction contractor(s) or
3 subcontractors. Such insurance shall provide for coverage limits of not less than two million
4 dollars ($2,000,000) per occurrence and shall name DISTRICT and the County of Riverside as
5 additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said
6
insurance coverage shall be provided by an insurance company licensed to transact insurance
7
s business in the State of California, and shall be evidenced by a certificate (or certificates) of
g insurance indicating that the insurance is in full force and effect and that DISTRICT and the
10 County of Riverside are named as additional insureds. Said certificate(s) of insurance shall
I contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be
12 provided to CITY and DISTRICT prior to any modification, cancellation, or reduction in
13 coverage of said insurance.
14
Prior to CITY issuing a Notice to Proceed to its construction contractor(s)
is
16 to begin construction of PROJECT, an original certificate of insurance evidencing the required
17 insurance coverage shall be provided to DISTRICT -
is 16. Require its construction contractor(s) to comply with all Cal/OSHA safety
19 regulations and maintain a safe working environment for all CITY and DISTRICT employees on
20 the site_
21
17. Upon completion of construction of PROJECT but prior to DISTRICT
22
acceptance of PROJECT, convey, or cause to be conveyed to DISTRICT, non-exclusive flood
23
24 control easement(s), including ingress and egress, in a form approved by DISTRICT, to the
25 rights of way as shown in concept cross -hatched in red on Exhibit "B" attached hereto and made
26 a part hereof.
27 18. At the time of recordation of the conveyance document(s) as set forth in
28 Section I.17., furnish DISTRICT with policies of title insurance, each in the amount of not less
- 5 -
1069,13 10
I than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each
2 easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said
3 property as being free and clear of all liens, encumbrances, assessments, easements, taxes and
4 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are
5 acceptable.
6
19. Upon completion of PROJECT construction but prior to DISTRICT'S
7
8 acceptance of PROJECT for ownership, operation and maintenance, provide DISTRICT with
9 appropriate engineering documentation necessary to establish that PROJECT was constructed in
10 accordance with the CITY and DISTRICT approved IMPROVEMENT PLANS.
11 20. Assume ownership and sole responsibility for the operation and
12 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility
13
for the operation and maintenance of PROJECT as set forth herein. Further, it is mutually
14
understood by the parties hereto that prior to DISTRICT acceptance of ownership and
15
16 responsibility for the operation and maintenance of PROJECT, PROJECT shall be in a
17 satis£actorily maintained condition as solely determined by DISTRICT.
is 21. Assume sole responsibility for removal of graffiti from PROJECT.
19 22, Within two weeks o1' completing PROJECT construction, provide
20 DISTRICT with written notice (Attention: Contract Administration Section) that PROTECT
21
construction is substantially complete and requesting that DISTRICT conduct a final inspection
22
of PROJECT.
23
24 23. Upon completion of construction of PROJECT, but prior to DISTRICT'S
25 acceptance of PROJECT for ownership, operation and maintenance, CITY'S civil engineer of
26 record or construction civil engineer of record, duly registered in the State of Califontia, shall
27 provide DISTRICT a redlined "as -built" copy of IMPROVEMENT PLANS. After DISTRICT
28
approval of the redlined "as -built" drawings, CITY'S engineer shall schedule with DISTRICT a
106943_10
I time to transfer the redlined changes onto DISTRICT'S original mylars at DISTRICT'S office,
2 after which the engineer shall review, stamp and sign IMPROVEMENTS PLANS "AS -BUILT"
3 SECTION 11
4 DISTRICT shall:
5 1. Acting as a Responsible Agency under CEQA, take all necessary and
6
appropriate action to comply with CEQA.
7
8 2. Review and approve all necessary REGULATORY PERMITS prior to
9 CITY advertising for bids.
10 3. Review and approve IMPROVEMENT PLANS prior to CITY'S award of
11 PROJECT construction contract.
12 4. Conduct periodic inspections of PROJECT for quality control purposes.
13
5. Keep an accurate accounting of all DISTRICT costs associated with the
14
review and approval of IMPROVEMENT PLANS, the review and approval of right of way and
15
16 conveyance documents and the processing and administration of this Agreement.
17 6. Keep an accurate accounting of all DISTRICT construction inspection costs,
18 and within forty-five (45) days after DISTRICT acceptance of PROJECT as being complete,
19 submit a final cost statement to CITY. If the deposit, as set forth in Section 1.4. exceeds such
20 costs, DISTRICT shall reimburse CITY the excess amount within sixty (60) days after
21
DISTRICT acceptance of PROJECT as being complete.
22
23 7. Accept sole responsibility for ownership, operation and maintenance of
24 PROJECT, except for graffiti removal services which shall be CITY'S sole responsibility as
25 provided in Section I.21., upon (i) completion of PROJECT construction, (ii) transfer of the
26 rights of way as set forth in Section 1.17., (iii) receipt of appropriate engineering documentation
27 as set forth in Section 1.19., and (iv) receipt of "as -built" construction drawings as set forth in
28
Section 123.
-7-
106943-10
1 8. Grant CITY, by execution of this Agreement the necessary rights to enter
2 upon DISTRICT'S Palm Canyon Wash right of way for purposes of performing graffiti removal
3 from PROJECT-
4 SECTION III
5 It is further mutually agreed:
6
1. Except as otherwise provided herein, all construction work involved with
7
8 PROJECT shall be inspected by CITY and shall not be deemed complete until approved and
9 accepted as complete by CITY.
10 2. DISTRICT personnel may observe and inspect all work being done on
11 PROJECT, but shall provide any comments to CITY personnel who shall be solely responsible
12 for all communications with its construction contractor(s).
13
3. Each party, as to any claim or liability arising out of any act or omission
14
with reference to any work to be performed by or authority delegated to such party as a result of
15
16 this Agreement, shall save, defend, indemnify and hold harmless the other party and its officers
17 and employees fTom all liability for death or injury to person, or damage to property, or claim
I8 therefore. CITY shall require its prime contractor to include DISTRICT as an additional insured
19 under the liability insurance coverage required by CITY'S construction contract for PROJECT_
20 4. Any notices sent or required to be sent to either party shall be mailed to the
21
following addresses:
22
RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
73 AND WATER CONSERVATION DISTRICT Post Office Box 2743
24 1995 Market Street Palm Springs, CA 92263-2743
Riverside, CA 92501 Attn: David J. Baralcian
25
5. If any provision of this Agreement is held by a court of competent
26
27 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
28 continue in full force without being impaired or invalidated in any way.
-s-
106943_10
1 6, This Agreement is to be construed in accordance with the laws of the State
of California.
3 7. This Agreement is the result of negotiations between the parties hereto and
4 with the advice and assistance of their respective counsel. No provision contained herein shall
5 be construed against DISTRICT solely because, as a matter of convenience, it prepared this
6
Agreement in final form-
7
8 8. Any waiver by DISTRICT or CITY of any breach by the other of any one or
9 more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or
10 other breach of the same or of any other term thereof. Failure on the part of DISTRICT or CITY
I I to require from the other exact, full and complete compliance with any terms of this Agreement
12 shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or
13
CITY from enforcement hereof.
14
9, This Agreement is intended by the parties hereto as their final expression
15
16 with respect to the matters herein, and is a complete and exclusive statement of the terms and
17 conditions thereof. This Agreement shall not be changed or modified except by the written
18 consent of both parties hereto.
19 10. This Agreement may be executed and delivered in any number of
20 counterparts or copies, hereinafter called "COUNTERPART", by the parties hereto. When each
21
party has signed and delivered at least one COUNTERPART to the other parties hereto, each
22
23 COUNTERPART shall be deemed an original and, taken together, shall constitute one and the
24 same Agreement, which shall be binding and effective as to the parties hereto.
25
26
27
28
-9-
106943_10
I IN WITNESS WHEREOF, the parties hereto have executed this Agreement
2 on
(to be tilled in by Clerk of the Board)
3
RECOMMENDED FOR APPROVAL:
4
5
6 WARREN D. WILLIAMS
General Manager -Chief Engineer
7
8 APPROVED AS TO FORM:
@]
10
11
12
13
14
115
16
17
18
19
20
21
22
23
24
25
26
27
28
JOE S. RANK
CouPAL
sel
By
PNIS�-�
Deputy
Dated: � Vv ' ' �
RECOMMEND FOR APPROVAL:
��
DAVID J_ BARAKIAN
Director of Public Works/City Engineer
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
ATTEST:
NANCY ROMERO
Clerk of the Board
By
Deputy
(SEAL)
CITY OF PALM SPRINGS
By
DAVID H. READY
City Manager
APPROV AS TO FO j ATTEST:
By � X �14 By
DOLPLAS C. HOLLAND JAMES TI-IOMPSON
CitylAtiorney City Clerk
(SEAL)
Cooperative Agreement: Palm Canyon Wash Floodwalls
JPS:blj
-10-
BLI
BLUE
Exhibit A
Cooperative Agreement
Project No. 6-0-00040
1/2
Exhibit A
Cooperative Agreement
Project No. 6-0-00040
2/2
Exbibit B
N
I IT
Q 4D N9
4\
Cooperative Agreement
Project No. 6-0-00040
1/1
RED
MINUTE ORDER NO.
APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION
DISTRICT AND THE CITY OF PALM SPRINGS,
ASSOCIATED WITH THE CONSTRUCTION,
OPERATION, AND MAINTENANCE OF FLOOD
CONTROL IMPROVEMENTS IDENTIFIED AS
"PALM CANYON WASH FLOODWALLS°, PROJECT
NO. 6-0-00040
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that
this Minute Order approving a Cooperative Agreement between the Riverside
County Flood Control and Water Conservation District and the City of Palm
Springs, associated with the construction, operation, and maintenance of flood
control improvements identified as "Palm Canyon Wash Floodwalls", Project No.
6-0-00040, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 4th day of October, 2006.
James Thompson, City Clerk