HomeMy WebLinkAbout2006-01-18 STAFF REPORTS 2H iy
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C'441FORe�P City Council Staff Report
CITY COUNCIL JANUARY 18, 2006
CONSENT CALENDAR
Subject: APPROVAL OF A COOPERATIVE AGREEMENT WITH RIVERSIDE
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(RCFC) RELATED TO CONSTRUCTION OF PALM SPRINGS LINES 21
AND 22, RCFC PROJECT NO. 6-0-0321 AND 6-0-0322, FOR THE
MESQUITE AVENUE IMPROVEMENT PROJECT, CITY PROJECT 94-17
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City Council awarded a construction contract to Yeager Skanska, Inc., on January
4, 2006, for the Mesquite Avenue Improvement Project. The project includes
construction of master-planned flood control improvements identified as "Palm Springs
Line 21 and Line 22" on the Master Drainage Plan for the Palm Springs Area,
administered by the Riverside County Flood Control and Water Conservation District
(RCFC). Upon completion of the project, RCFC will operate and maintain some of the
flood control improvements 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 Springs Line 21 and Palm Springs
Line 22", Project No. 6-0-0321 and 6-0-0322; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
Construction of the flood control improvements identified as "Palm Springs Lines 21 and
22" are included as part of the construction contract awarded to Yeager Skanska, Inc.,
Item No. 2 . 1__I .
City Council Staff Report
January 18, 2006 - Page 2
Palm Springs Lines 21 and 22 Cooperative Agreement
for the Mesquite Avenue Improvement Project, City Project 94-17. These flood control
improvements will intercept all stormwater runoff from the adjacent neighborhood north
of Mesquite Avenue and convey the runoff into the Demuth Park and the City's
wastewater treatment plant. Ultimately, a future project is planned that will extend these
flood control improvements in a manner that will convey the runoff to the Tahquitz Creek
channel, away from Demuth Park and the wastewater treatment plant.
Riverside County Flood Control and Water Conservation District (RCFC) operates and
maintains the master planned flood control improvements within the City of Palm
Springs. Palm Springs Lines 21 and 22 are identified on the Master Plan of Drainage
for the Palm Springs Area, subject to operation and maintenance by RCFC. 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.
0/FISCAL IMPACT: Finance Director Review: ° '
None.
David J. Barakian Thomas J. Wilson
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City Marrag`er
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ATTACHMENTS:
1. Cooperative Agreement
2. Minute Order
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COOPERATIVE AGREEMENT
(PALM SPRINGS MDP LINES 21 &22)
(Project Nos. 6-0-00321 & 6-0-00322)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, hereinafter called "DISTRICT" and the CITY OF PALM
SPRINGS, hereinafter called "CITY", hereby agree as follows:
RECITALS
A. CITY has budgeted for and plans to construct, certain stormwater
management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP)
including a partial segment of"Line 21" and a segment of"Line 22". Line 21, hereinafter called
"LINE 21", consists of approximately 160 lineal feet of underground storm drain system as
shown in concept in blue on Exhibit "A" attached hereto and made a part hereof. Line 22,
hereinafter called "LINE 22", consists of approximately 1,250 lineal feet of underground stonn
drain system as shown in concept in red on Exhibit "A". Associated with the construction of
LINE 22 is construction of storm drain lateral Line 22-A, hereinafter called "LINE 22-A",
consisting of approximately 135 lineal feet of underground storm drain system as shown in
orange on Exhibit "A". LINE 22 and LINE 22-A are hereinafter altogether called "PROJECT'
and
B. The proposed PROJECT includes integral and critical segments of
DISTRICT'S Palm Springs Master Drainage Plan and continues the orderly development of
CITY'S drainage and stonnwater management infrastructure. CITY and DISTRICT anticipate
that the remaining downstream segment of LINE 21, consisting of approximately 2,600 lineal
feet of underground stonn drain, and the remaining downstream segment of LINE 22, consisting
of approximately 2,000 lineal feet of underground stonn drain, will be constructed at a later date
pursuant to a separate Cooperative Agreement(s) by and between CITY and DISTRICT; and
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C. Acting as Lead Agency pursuant to the California Environmental Quality
Act (CEQA), CITY has prepared a Mitigated Negative Declaration analyzing PROJECT'S
impact upon the environment and identifying those mitigation measures necessary to minimize
the extent of those impacts; and
D. CITY desires DISTRICT to ultimately accept ownership and
responsibility for operation and maintenance of PROJECT and LINE 21; however, it is mutually
understood and agreed that DISTRICT will not assume ownership and responsibility for the
operation and maintenance of LINE 21 until such time as construction of the downstream
segment(s) is completed and accepted by DISTRICT pursuant to the terms of one or more
separate Cooperative Agreements; and
E. DISTRICT desires CITY to accept ownership and sole responsibility for
PROJECT'S associated overflow structures, dry wells, catch basins, inlets and connector pipes
and laterals, hereinafter called "APPURTENANCES". Additionally, it is mutually understood
and agreed that CITY shall assume ownership and sole responsibility for the operation and
maintenance of PROJECT until such time as PROJECT is accepted by DISTRICT as set forth
herein; and
F. DISTRICT is willing to: (i) review and approve, at its own expense,
PROJECT, LINE 21 and APPURTENANCES plans and specifications, hereinafter called
"IMPROVEMENT PLANS", in accordance with DISTRICT and CITY standards, (ii) perform,
at its own expense, periodic inspections of LINE 21 and PROJECT construction for quality
control purposes, (iii) grant CITY the necessary rights to operate and maintain
APPURTENANCES within DISTRICT'S right of way and (iv) accept ownership and
responsibility for the operation and maintenance of PROJECT improvements upon (i)
completion of PROJECT construction and (ii) transfer to DISTRICT of all necessary rights of
way and engineering documentation as set forth herein; and
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G. CITY is willing to: (i) prepare "IMPROVEMENT PLANS", (ii) secure all
right of way and regulatory permits necessary to construct, inspect, operate and maintain
PROJECT and LINE 21, (iii) advertise and administer PROJECT and LINE 21 construction
contract, (iv) pay all costs associated with PROJECT'S and LINE 21's design and construction,
(v) perform all required environmental studies and obtain all necessary regulatory permits, (vi)
accept ownership and sole responsibility for the operation and maintenance of LINE 21 and
APPURTENANCES, and (vii) accept ownership and sole responsibility for the operation and
maintenance of PROJECT until such time as DISTRICT accepts PROJECT for ownership,
operation and maintenance as provided herein; and
H. DISTRICT and CITY acknowledge that PROJECT and LINE 21 are public
improvements ancillary, complementary, and necessary to CITY'S street rights-of-way in that
such public improvements minimize flooding along CITY'S street rights-of-way, reduce the
hazards caused by flooding, and preserve the ability of the traveling public to safely use CITY'S
street rights-of-way; and
I. It is in the best interest of the public to proceed with the construction of
PROJECT at the earliest possible date.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I
CITY shall:
1. Pursuant to CEQA, assume Lead Agency role and responsibility for
preparation, circulation and adoption of all necessary and appropriate CEQA documents
pertaining to the construction, operation and maintenance of PROJECT.
2. Prepare, or cause to be prepared, IMPROVEMENT PLANS in accordance
with CITY and DISTRICT standards.
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3. Obtain all necessary rights of way, rights of entry and temporary
construction easements necessary to construct, operate and maintain PROJECT.
4. Obtain all necessary permits, approvals or agreements required by any
Federal or State resource or regulatory agencies pertaining to the construction, operation and
maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS",
may include, but are not limited to, a Section 404 permit issued by USACOE, a Section 401
Water Quality Certification issued by the California Regional Water Quality Control Board
(CRWQCB), a Section 1601 Streambed Alteration Agreement issued by the California
Department of Fish and Game and National Pollutant Discharge Elimination System Pen-nits
issued by the State Water Resources Control Board or CRWQCB.
5. Prior to advertising for bids, provide DISTRICT an opportunity to review
and approve all REGULATORY PERMITS.
6. Prior to awarding a public works construction contract for PROJECT,
provide DISTRICT an opportunity to review and approve IMPROVEMENT PLANS.
7. Construct PROJECT, LINE 21 and APPURTENANCES pursuant to a
CITY administered construction contract, in accordance with IMPROVEMENT PLANS
approved by CITY and DISTRICT, and pay all costs associated therewith.
8. Furnish, or cause its construction manager to furnish, all construction
survey and materials testing services necessary to construct PROJECT, LINE 21 and
APPURTENANCES.
9. Provide DISTRICT with written notice that CITY has awarded a
construction contract for PROJECT and LINE 21.
10. Prior to commencing PROJECT construction, furnish DISTRICT with the
original IMPROVEMENT PLANS and assign their ownership to DISTRICT.
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11. Not permit any change to or modification of the IMPROVEMENT PLANS
without the prior written permission and consent of DISTRICT.
12. Prior to commencing PROJECT construction, CITY shall schedule and
conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager,
CITY'S construction contractor(s), DISTRICT and other affected entities. CITY shall notify
DISTRICT (Attention: Dale Anderson) in writing at least twenty (20) days prior to conducting
the pre-construction meeting.
13. Require its PROJECT construction contractor(s) to procure and maintain
comprehensive liability insurance which shall protect DISTRICT and County of Riverside from
claims for damages for personal injury, including accidental or wrongful death, as well as from
claims for property damage, which may arise from CITY'S construction of PROJECT or the
performance of its obligations hereunder, whether such construction or performance be by CITY,
the aforementioned construction contractor(s), or any subcontractors to said construction
contractor(s), or by anyone employed directly or indirectly by said construction contractor(s) or
subcontractors. Such insurance shall provide for coverage limits of not less than two million
dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as
additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said
insurance coverage shall be provided by an insurance company licensed to transact insurance
business in the State of California, and shall be evidenced by a certificate (or certificates) of
insurance indicating that the insurance is in full force and effect and that DISTRICT and County
of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the
covenant of the insurance carrier(s) that thirty (30) days written notice shall be provided to CITY
and DISTRICT prior to any modification, cancellation, or reduction in coverage of said
insurance.
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Prior to CITY issuing a Notice to Proceed to its construction contractor(s)
to begin construction of PROJECT, an original certificate of insurance evidencing the required
insurance coverage shall be provided to DISTRICT.
14. [This Section Intentionally Left Blank.]
15. Require its construction contractor(s) to comply with all Cal/OSHA safety
regulations, including regulations concerning confined space, and maintain a safe working
environment for all CITY and DISTRICT employees on the site.
16. Require its construction contractor to furnish DISTRICT a confined space
procedure specific to PROJECT. The procedure shall comply with requirements contained in
California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section
5157, Permit Required Confined Space and DISTRICT confined Space Procedures, SOM-18.
The procedure shall be provided to DISTRICT no less than 20 days prior to requesting that
DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall be
reviewed and approved by DISTRICT prior to conducting the final inspection.
17. Upon completion of construction of PROJECT but prior to DISTRICT
acceptance of PROJECT, convey, or cause to be conveyed to DISTRICT, flood control
easement(s), including ingress and egress, in a form approved by DISTRICT, to the rights of way
as shown in concept cross-hatched in red on Exhibit "B" attached hereto and made a part hereof.
18. At the time of recordation of the conveyance document(s) as set forth in
Section LIT, furnish DISTRICT with policies of title insurance, each in the amount of not less
than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each
easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said
property as being free and clear of all liens, encumbrances, assessments, easements, taxes and
leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are
acceptable.
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19. Upon completion of PROJECT construction but prior to DISTRICT'S
acceptance of PROJECT for ownership, operation and maintenance, provide DISTRICT with
appropriate engineering documentation necessary to establish that PROJECT was constructed in
accordance with the CITY and DISTRICT approved IMPROVEMENT PLANS.
20. Assume ownership and sole responsibility for the operation and
maintenance of LINE 21 and APPURTENANCES.
21. Assume ownership and sole responsibility for the operation and
maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility
for the operation and maintenance of PROJECT as set forth herein.
22. Within two weeks of completing PROJECT construction, provide
DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT
construction is substantially complete and requesting that DISTRICT conduct a final inspection
of PROJECT.
23. Upon completion of construction of PROJECT, but prior to acceptance of
PROJECT for ownership, operation and maintenance, CITY'S civil engineer of record or
construction civil engineer of record, duly registered in the State of California, shall provide
DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval
of the redlined "as-built" drawings, CITY'S engineer shall schedule with DISTRICT a time to
transfer the redlined changes onto DISTRICT'S original mylars at DISTRICT'S office, after
which the engineer shall review, stamp and sign IMPROVEMENTS PLANS "AS-BUILT".
24. Accept sole responsibility for the adjustment of all PROJECT manhole
rings and covers located within CITY rights of way which must be performed at such time(s) that
the finished grade along and above the underground portions of PROJECT is improved, repaired,
replaced or changed. It being further understood and agreed that any such adjustments shall be
performed at no cost to DISTRICT.
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102142_13
SECTION II
DISTRICT shall:
1. Acting as a Responsible Agency under CEQA and take all necessary and
appropriate action to comply with CEQA.
2. At its sole cost and expense, review and approve all necessary
REGULATORY PERMITS prior to CITY advertising for bids.
3. At its sole cost and expense, review and approve IMPROVEMENT PLANS
prior to CITY'S award of the PROJECT construction contract.
4. At its sole cost and expense, conduct periodic inspections of PROJECT for
quality control purposes.
5. Accept sole responsibility for ownership, operation and maintenance of
PROJECT upon (i) completion of PROJECT construction, (ii) transfer of the rights of way as set
forth in Section LIT, (iii) receipt of appropriate engineering documentation as set forth in
Section I.19., and (iv)receipt of"as-built" construction drawings as set forth in Section I.23.
6. Upon DISTRICT'S acceptance of PROJECT construction as being
complete, provide CITY with a reproducible duplicate copy of the "as-built" IMPROVEMENT
PLANS.
SECTION III
It is further mutually agreed:
1. Except as otherwise provided herein, all construction work involved with
PROJECT shall be inspected by CITY and shall not be deemed complete until approved and
accepted as complete by CITY.
2. DISTRICT personnel may observe and inspect all work being done on
PROJECT, but shall provide any comments to CITY personnel who shall be solely responsible
for all conummications with its construction contractor(s).
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3. Each party, as to any claim or liability arising out of any act or omission
with reference to any work to be performed by or authority delegated to such party as a result of
this Agreement, shall save, defend, indemnify and hold harmless the other party and its officers
and employees from all liability for death or injury to person, or damage to property, or claim
therefore. CITY shall require its prime contractor to include DISTRICT as an additional insured
under the liability insurance coverage required by CITY'S construction contract for PROJECT.
4. Any notices sent or required to be sent to either party shall be mailed to the
following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
AND WATER CONSERVATION DISTRICT Post Office Box 2743
1995 Market Street Palm Springs, CA 92263-2743
Riverside, CA 92501 Attn: David J. Barakian
5. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
6. This Agreement is to be construed in accordance with the laws of the State
of California.
7. This Agreement is the result of negotiations between the parties hereto and
with the advice and assistance of their respective counsel. No provision contained herein shall
be construed against DISTRICT solely because, as a matter of convenience, it prepared this
Agreement in final form.
8. Any waiver by DISTRICT or CITY of any breach by the other of any one or
more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or
other breach of the same or of any other tern thereof. Failure on the part of DISTRICT or CITY
to require from the other exact, full and complete compliance with any terns of this Agreement
shall not be construed as in any manner changing the terns hereof, or estopping DISTRICT or
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CITY from enforcement hereof.
9. This Agreement is intended by the parties hereto as their final expression
with respect to the matters herein, and is a complete and exclusive statement of the ternls and
conditions thereof. This Agreement shall not be changed or modified except by the written
consent of both parties hereto.
10. This Agreement may be executed and delivered in any number of
counterparts or copies, hereinafter called "COUNTERPART", by the parties hereto. When each
party has signed and delivered at least one COUNTERPART to the other parties hereto, each
COUNTERPART shall be deemed an original and, taken together, shall constitute one and the
same Agreement, which shall be binding and effective as to the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By
WARREN D. WILLIAMS MARION ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
JOE S. RANK NANCY ROMERO
County Counsel Clerk of the Board
By By
NEAL KIPNIS
Deputy Deputy
Dated: (SEAL)
RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS
By
DAVID J. BARAKIAN DAVID H. READY
Director of Public Works/City Engineer City Manager
APPROV S TO FO ATTEST:
By By
DOU AS C. HOLLAND JAMES THOMPSON
City Attorney City Clerk
(SEAL)
Cooperative Agreement: Palm Springs MDP Line 21, Line 22
JPS:MHW:blj
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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 SPRINGS LINE 21 AND PALM SPRINGS
LINE 22", PROJECT NO. 6-0-0321 AND 6-0-0322
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 Springs Line 21 and Palm Springs Line
22", Project No. 6-0-0321 and 6-0-0322, was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 18th day of
January, 2006.
James Thompson, City Clerk