HomeMy WebLinkAbout05649 - RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT COOP AGR LATERAL 6A & 4 Sabrina Kaye
From: Carrie Rovney
Sent: Monday, November 03, 2014 2:22 PM
To: Kathie Hart; Dave Barakian
Cc: Savat Khamphou; Tabitha Richards;Jay Thompson
Subject: RE:A5649 - Riverside County Flood
YES,you may close this agreement
From: Kathie Hart
Sent: Thursday, October 23, 2014 4:23 PM
To: Dave Barakian
Cc: Savat Khamphou; Carrie Rovney; Tabitha Richards; ]ay Thompson
Subject: A5649 - Riverside County Flood
This agreement is for Lateral 6A& Lateral 4 Project No. 6-0-00223--Storm Drain Lines CP 05-20.
Has this project been completed? May I close the agreement file?
Please advise.
Thank you.
eooa
Kathie Hart, Mme
Chief Deputy City Clerk
City of Palm 5prings (760)323-8206
3200 E rahquitz Canyon Way A(760)322-8332
Palm Springs, CA 92262 0 Kathie.HartEPalm5XinosCA.gov
Please note that 0i y Hall is open R a.m. to 6 pm,.Monday through Thursday,and closed on Fridays at this time.
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118257_3
COOPERATIVE AGREEMENT
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PALM SPRINGS MDP LATERAL 6A AND LATERAL 4
p Lil, r�R
(Project No. 6-0-00223)
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 plans to construct certain stormwater
9 management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) as
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"LATERAL 6A" and "LATERAL 4" to provide continued flood protection for CITY'S roads
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12 and adjacent properties LATERAL 6A and LATERAL 4, hereinafter altogether called
13 "DISTRICT DRAINAGE FACILITIES" drain into an existing DISTRICT maintained storm
14 drain system known as Farrell Basin and Palm Springs Lines 5 and 6 Stage 1, Project No. 6-0-
15 00300, Drawing No. 6-298, Sheet 15 of 50; and
16 B. The MDP facilities work includes construction of(i) approximately 1,202
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lineal feet of underground storm drain system, hereinafter called "Lateral 6A", as shown in
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concept in blue on Exhibit "A" attached hereto, and made a part hereof, and (ii) approximately
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20 77 lineal feet of underground storm drain system, hereinafter called "Lateral 4", as shown in
21 concept in red on Exhibit A".
22 C. Associated with the construction of DISTRICT DRAINAGE
23 FACILITIES is the construction of certain catch basins and connectoz pipes that will be located
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within CITY'S rights of way, hereinafter called "APPURTENANCES". DISTRICT
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DRAINAGE FACILITIES and APPURTENANCES are hereinafter altogether called
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27 "PROJECT"; and
28 D. The proposed PROJECT includes integral and critical segments of
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1182573
I DISTRICT'S Palm Springs MDP and continues the orderly development of CITY'S drainage
2 and stormwater management infrastructure; and
3 E. CITY will act as the sole CEQA lead agency for the PROJECT and, as
4 such will have the corresponding responsibility to fulfill the obligations of a CEQA lead agency
5 wilh respect to the PROJECT; and
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F. CITY desires DISTRICT to ultimately accept ownership and
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8 responsibility for operation and maintenance of DISTRICT DRAINAGE FACILITIES.
9 Therefore, DISTRICT must review and approve plans (as sbown in District Drawing No. 6-353)
10 and specifications, hereinafter called "PLANS and SPECIFICATIONS" and subsequently
I I inspect the construction of DISTRCT DRAINAGE FACILITIES; and
12 G. DISTRICT desires CITY to accept ownership and responsibility for the
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operation and maintenance of APPURTENANCES- Therefore, CITY must review and approve
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the PLANS and SPECIFICATIONS and subsequently inspect the construction of
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16 APPURTENANCES; and
17 H. DISTRICT is willing to: (i) review and approve the PLANS and
18 SPECIFICATIONS, in accordance with DISTRICT and CITY standards, (ii) inspect the
19 construction of DISTRICT DRAINAGE FACILITIES, and (iii) accept ownership and
20 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon
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completion of PROJECT construction; and
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I. CITY is willing to: (i) prepare PLANS and SPECIFICATIONS, (ii)
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24 secure all tight of way and regulatory permits, licenses and rights of entry necessary to
25 construct, inspect, operate and maintain PROJECT, (iii) advertise and administer PROJECT and
26 construction contract, (iv) pay all costs associated with PROJECT'S design and construction, (v)
27 perform all required environmental studies and obtain all necessary regulatory permits, (vi)
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1 accept ownership and responsibility for the operation and maintenance of APPURTENANCES,
2 and (vii) accept ownership and sole responsibility for the operation and maintenance of
3 PROJECT following completion of PROJECT until such time as DISTRICT accepts ownership
4 and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITEIS;
5 and
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J. DISTRICT and CITY acknowledge that it is in the public interest to
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8 proceed with the construction of PROJECT which is necessary to minimize flooding within
9 street rights of way, reduce the hazards caused by flooding, and preserve the ability of the
10 traveling public to safely use CITY'S street rights of way.
11 NOW, THEREFORE, the parties hereto mutually agree as follows:
12 SECTION 1
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CITY shall:
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1. Pursuant to CEQA, act as the sole Lead Agency for preparation, circulation
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16 and adoption of all necessary and appropriate CEQA documents pertaining to the construction,
17 operation and maintenance of PROJECT and as such, will have the corresponding responsibility
18 to fulfill the obligations of a CEQA lead agency with respect to the PROJECT_
19 2. Prepare, at its sole cost and expense, or cause to be prepared, PLANS and
20 SPECIFICATIONS in accordance with CITY and DISTRICT standards.
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3. Secure, at its sole cost and expense all necessary rights of way, rights of
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entry and temporary construction easements necessary to construct, operate and maintain
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24 PROJECT.
25 4. Secure, at its sole cost and expense all necessary permits, approvals and/or
26 agreements, licenses, and rights of entry as required by any Federal or State resource or
27 regulatory agencies pertaining to the constriction, inspection, operation and maintenance of
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1 PROJECT. Such documents, hereinafter called "REGULATORY PERMITS", include but are
2 not limited to, a Section 404 permit issued by USACOE, a Section 401 Water Quality
3 Certification issued by the California Regional Water Quality Control Board (CRWQCB), a
4 Section 1601 Streambed Alteration Agreement issued by the California Department of Fish and
5 Game and National Pollutant Discharge Elimination System Permits issued by the State Water
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Resources Control Board or CRWQCB. Furnish DISTRICT with copies of all permits,
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8 approvals, and/or agreements required by any Federal, State Resources, and/or regulatory
9 agency for the construction, operation and maintenance of DISTRICT DRAINAGE
10 FACILITIES. Such documents include but are not limited to those issued by the U.S. Army
II Corps of Engineers, California Regional Water Quality Control Board, California State
12 Department of Fish and Game and State Water Resources Control Board.
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5. Prior to advertising for bids, provide DISTRICT an opportunity to review
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15 and comment on all REGULATORY PERMITS prior to submittal to regulatory agencies.
16 6. Prior to awarding a public works construction contract for PROJECT,
17 provide DISTRICT an opportunity to review and approve PLANS and SPECIFICATIONS.
18 7. Construct PROJECT pursuant to a CITY administered construction
19 contract, in accordance with PLANS and SPECIFICATIONS approved by CITY and
20 DISTRICT.
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8. Furnish or cause its construction manager to furnish, all construction
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23 survey and materials testing services necessary to construct PROJECT.
24 9. Provide DISTRICT with written notice that CITY has awarded a
25 construction contract for PROJECT.
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1 10. Prior to commencing PROJECT construction, furnish DISTRICT with
2 final mylar of PLANS and assign their ownership to DISTRICT prior to the start of PROJECT
3 construction.
4 11. Not permit any change to or modification of the PLANS and
5 SPECIFICATIONS without the prior written permission and consent of DISTRICT.
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12. Prior to commencing PROJECT construction, CITY shall schedule and
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8 conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager,
9 CITY'S construction contractor(s), DISTRICT and other affected entities. CITY shall notify
10 DISTRICT (Attention: Design and Construction Division — Contract Administration) in writing
11 at least twenty (20) days prior to conducting the pre-construction meeting.
12 13. Require its PROJECT construction contractor(s) to procure and maintain
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comprehensive liability insurance which shall protect DISTRICT and County of Riverside from
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claims for damages for personal injury, including accidental or wrongful death, as well as from
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16 claims for property damage, which may arise from CITY'S construction of PROJECT or the
17 performance of its obligations hereunder, whether such construction or performance be by
18 CITY, the aforementioned construction contractor(s), or any subcontractors to said construction
19 contractor(s), or by anyone employed directly or indirectly by said construction contractor(s) or
20 subcontractors. Such insurance shall provide for coverage limits of not less than two million
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dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as
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23 additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said
24 insurance coverage shall be provided by an insurance company licensed to transact insurance
25 business in the State of California, and shall be evidenced by a certificate (or certificates) of
26 insurance indicating that the insurance is in full force and effect and that DISTRICT and County
27 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the
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I covenant of the insurance carrier(s)that sixty (60) days written notice shall be provided to CITY
2 and DISTRICT prior to any modification, cancellation, or reduction in coverage of said
3 insurance.
4 Prior to CITY issuing a Notice to Proceed to its construction contractor(s)
5 to begin construction of PROJECT, an original certificate of insurance evidencing the required
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insurance coverage shall be provided to DISTRICT.
7
8 14_ [This Section Intentionally Left Blank.]
9 15. Require its construction contractor(s) to comply with all Cal/OSHA safety
10 regulations, including regulations concerning confined space, and maintain a safe working
I 1 environment for all CITY and DISTRICT employees on the site.
12 16. Require its construction contractor to lurnislr DISTRICT a confined space
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procedure specific to PROJECT. The procedure shall comply with requirements contained in
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California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations,
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16 Section 5157, Permit Required Confined Space and DISTRICT confined Space Procedures,
17 SOM-18. The procedure shall be provided to DISTRICT prior to start of construction.
18 17. Grant, by execution of this Agreement the right to inspect, operate and
19 maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way.
20 19. [This Section Intentionally Left Blank.]
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19. Upon completion of PROJECT construction but prior to DISTRICT'S
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23 acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance,
24 provide DISTRICT with appropriate engineering documentation necessary to establish that
25 DISTRICT DRAINAGE FACILITIES were constructed in accordance with the CITY and
26 DISTRICT approved PLANS and SPECIFICATIONS.
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1 20. Assume ownership and sole responsibility for the operation and
2 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility
3 for the operation and maintenance of DISTRICT DRAINAGE FACILITIES as set forth herein-
4 21. Within two weeks of completing PROJECT construction, provide
5 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT
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construction is substantially complete and requesting that DISTRICT conduct a final inspection
7
of PROJECT.
8
9 22. Upon completion of construction of PROJECT, but prior to acceptance of
10 PROJECT for ownership, operation and maintenance, CITY'S civil engineer of record or
11 construction civil engineer of record, duly registered in the State of California, shall provide
12 DISTRICT a redlined "as-built" copy of PLANS_ After DISTRICT approval of the redlined
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"as-built" drawings, CITX'S engineer shall schedule with DISTRICT a time to transfer the
14
redlined changes onto DISTRICT'S original mylars at DISTRICT'S office, after which the
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16 engineer shall review, stamp and sign PLANS "AS-BUILT".
17 23. Accept sole responsibility for the adjustment of all PROJECT manhole
18 rings and covers located within CITY rights of way which must be performed at such time(s)
19 that the finished grade along and above the underground portions of PROJECT is improved,
20 repaired, replaced or changed. It being further understood and agreed that any such adjustments
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shall be performed at no cost to DISTRICT.
22
SECTION II
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24 DISTRICT shall:
25 1. Act as a Responsible Agency under CEQA and take all necessary and
26 appropriate actions to comply with CEQA.
27 2. Review and comment on all necessary REGULATORY PERMITS prior to
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118257 3
1 CITY advertising for bids-
2 3. Review and approve PLANS and SPECIFICATIONS prior to CITY'S
3 award of PROJECT construction contract.
4 4. Inspect DISTRICT DRAINAGE FACILITIES construction for quality
5
control purposes.
6
5. Accept sole responsibility for ownership, operation and maintenance of
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8 DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT acceptance of DISTRICT
9 DRAINAGE FACILITIES as being complete, (ii) receipt of appropriate engineering
10 documentation as set forth in Section 1.19., (iii) receipt of"as-built" construction drawings as set
I I forth in Section 122, and (iv) CITY acceptance of APPURTENANCES.
12 6. Upon DISTRICT'S acceptance of DISTRICT DRAINAGE FACILITIES
13
construction as being complete, provide CITY with a reproducible duplicate copy of the "as-
14
built" PLANS_
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16 SECTION III
17 It is further mutually agreed:
18 1. Except as otberwise provided herein, all construction work involved with
19 DISTRICT DRAINAGE FACILITIES shall be inspected by DISTRICT and shall not be
20
deemed complete until approved and accepted as complete by DISTRICT.
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2. CITY personnel may observe and inspect all work being done on
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23 DISTRICf DRAINAGE FACILITIES, but shall provide any comments to DISTRICT
24 personnel who shall be solely responsible for all quality control communications with CITY'S
25 construction contractor(s) during the construction of DISTRICT DRAINAOf FACILITIES.
26 3. Each party, as to any claim or liability arising out of any act or omission
27 with reference to any work to be performed by or authority delegated to such party as a result of
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I this Agreement, shall save, defend, indemnify and hold harmless the other party and its officers
2 and employees from all liability for death or injury to person, or damage to property, or claim
3 therefor. CITY shall require its prime contractor to include DISTRICT as an additional insured
4 under the liability insurance coverage required by CITY'S construction contract for PROJECT.
5 4. Any notices sent or required to be sent to either party shall be mailed to the
6
following addresses:
7
RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
s AND WATER CONSERVATION DISTRICT Post Office Box 2743
9 1995 Market Street Palm Springs, CA 92263-2743
Riverside, CA 92501 Attn: Marcus Fuller
10
5. If any provision of this Agreement is held by a court of competent
11
12 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
13 continue in full force without being impaired or invalidated in any way.
14 6, This Agreement is to be construed in accordance with the laws of the State
15 of California.
16 7. This Agreement is the result of negotiations between the parties hereto and
17
with the advice and assistance of their respective counsel. The fact that this Agreement was
is
prepared as a matter of convenience by DISTRICT' shall have no import or significance. Any
19
20 uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because
21 DISTRICT prepared this Agreement in its final form.
22 R. Any waiver by DISTRICT or CITY of any breach by the other of any one
23 or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent
24 or other breach of the same or of any other term thereof. Failure on the part of DISTRICT or
25
CITY to require from the other exact, full and complete compliance with any terms of this
26
27 Agreement shall not be construed as in any manner changing the terms hereof, or estopping
28 DISTRICT or CITY from enforcement hereof.
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1 9. This Agreement is intended by the parties hereto as their final expression
2 with respect to the matters herein, and is a complete and exclusive statement of the terms and
3 conditions thereof. This Agreement shall not be changed or modified except by the written
4 consent of both parties hereto-
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement
,MAY 1 8 2008
2 on
(to be filled in by Clerk of the Board)
3
RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL
4 AND WATER CONSERVATION DISTRICT
6J ARREN D. WILLIAMS MARION�ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water
7 Conservation District Board of Supervisors
8 APPROVED AS TO FORM: A1`rm:
9 7OE S. RANK NANCY ROMERO
10 Couniy ,o ns 1 (t Clerk oCthe `�oard
I I By By lQ 1_Y C/l7rL
NE L KIPNIS Deputy
12 Deputy County Counsel
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(SEAL)
14 3/18/08
TLC:b1j
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1 RECOMMEND FOR AP ROVAL: CITY OF PALM SPRINGS��
2 By
DAVID J. BARAKIAN DAVID 11. READY
3 Director of Public Works/City Engineer City Manager
4 APPROVS TO FORM: ATTEST:
$ By rey
6 DO GLLLAN-D /y�MES T14OMPSONCity Alt j f/J'C1ty Clerk
8 (SEAL) APPROVED BY MY COUNCIL
9 yjah �?M• >�5Gu9
10 3/18/08
TLC:bIj
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EXHIBIT A
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114
COOPERATIVE AGREEMENT CITY OF PALM SPRINGS
PALM SPRINGS MDP MASTER DRAINAGE PLAN
LATERAL GA AND LATERAL 6A AND LATERAL 4
LATERAL 4
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