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[/FpRN,P^ City Council Staff Report
Date. April 15, 2009 CONSENT CALENDAR
Subject: PALM SPRINGS STORM DRAIN LINE 22, STAGE 2
CITY PROJECT NO. 07-15
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City and Riverside County Flood Control have coordinated on the design of the final
extension of Palm Springs Storm Drain Line 22 through the Wastewater Treatment
Plant. Approval of the various actions will allow staff to proceed with this project that
provides flood control protection of the City's wastewater treatment plant.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, TAKING CERTAIN ACTIONS RELATED TO PALM
SPRINGS STORM DRAIN LINE 22, STAGE 2, CITY PROJECT NO. 07-15."
STAFF ANALYSIS:
The City, in cooperation with the Riverside County Flood Control & Water Conservation
District (RCFC), developed a Master Plan of Drainage for Palm Springs, which was
adopted in the 1980's. The Master Plan of Drainage has major flood control facilities
identified throughout the City, with most of them aligned along the City's major streets.
Several of these facilities were previously installed by RCFC or by the City, however,
much of the Master Plan of Drainage is yet to be installed.
Previously, as part of the Mesquite Avenue Widening project constructed several years
ago, a portion of Storm Drain Line 22 of the City's Master Plan of Drainage was installed
to collect the storm water runoff from the area north of Mesquite Avenue. At the time,
only the portion exterior of the Wastewater Treatment Plant, ending at the south end of
Vella Road, was installed. Historically, the Wastewater Treatment Plant has been
subject to flooding during large storms, as the surface stormwater runoff flows in the
streets to Mesquite Avenue, to Vella Road, where the runoff has been directed to an
unimproved area of the Wastewater Treatment Plant, into a future percolation pond.
ITEM NO.
City Council Staff Report
April 15, 2009- Page 2
Storm pram Line 22, Stage 2 (CP 07-15)
This project will extend Storm Drain Line 22 through the Wastewater Treatment Plant to
the Tahquitz Creek Golf Course, with a new outlet structure located immediately
upstream of the Gene Autry Trail bridge extending under Golf Course Tee #3. The
Public Works Department is coordinating the construction with the Director of Parks &
Recreation, and the Golf Course management company, to ensure construction of this
project does"not impact golf course play.
This project is being constructed to protect the Wastewater Treatment Plant from
flooding; as such, it is considered a Sewer Capital Improvement Project. A preliminary
estimate of $1,500,000 was used for budgeting purposes and is included in the
2008/2009 Wastewater Treatment Plant fiscal year budget. However, during final
design RCFC required a concrete access road with turn-around maneuvering area at
the storm drain outlet which requires construction of retaining walls and other
improvements not originally included in the preliminary budget estimate and increased
the final engineer's estimate to $2,600,000. The final engineer's estimate used what
were then the latest construction bid prices for related storm drain work, and it was
unknown how the current highly competitive construction market would affect bid prices.
As can be seen from the bid results, the current construction market has dramatically
decreased construction costs, and the low bid is less than 40% of the final engineer's
estimate.
The plans and specifications were prepared by the City's consultant, DMC Design
Group, and on January 7, 2009, the City Council approved the plans and specifications
and authorized construction bidding. On February 20 and 27, 2009, the project was
advertised for bids, and at 3:00 P.M. on March 31, 2009, the Procurement and
Contracting Division received twenty-seven (27) construction bids from the following
contractors:
1. Cass Construction, Inc.; El Cajon, CA; $1,052,275
2. Southern California Pipeline Construction, Inc.; Tustin, CA; $1,121,870
3. KIP, Incorporated; Murrieta, CA; $1,130,885
4. Weka, Inc.; Redlands, CA; $1,148,110
5. Genesis Construction; Hemet, CA; $1,192,510
6. Bert W. Salas, Inc.; Santee, CA; $1,300,500
7. Beador Construction Co., Inc.; Corona, CA; $1,307,300
8. F.B.U., Inc.; Beaumont, CA; $1,332,350
9. R.C.C., Inc.; Montrose, CA; $1,375,000
10. Alcorn Colorado Engineering, Inc.; Temecula, CA; $1,393,710
11. Paulus Engineering; Anaheim, CA; $1,414,082
12. James A. Shirley Construction, Inc.; Yucca Valley, CA; $1,416,500
13. KZC Construction, Inc.; Mira Loma, CA; $1,433,780
14. L.B. Civil Construction, Inc.; San Diego, CA; $1,446,330
16. Ross A. Guy& Son General Engineering Contractor, Inc.; Murrieta, CA; $1,477,960
16. Utah Pacific Construction Company; Murrieta, CA; $1,555,455
17. SRD Engineering, Inc.; Anaheim, CA; $1,617,760
City Council State Report
April 15, 2009- Page 3
Storm Drain Line 22, Stage 2 (CP 07-15)
18. Bonadiman — McCain, Inc.; San Bernardino, CA; $1,640,081
19. G&M Construction; Palm Springs, CA; $1,655,026.95
20. Jones Bros. Construction Co.; Coachella, CA; $1,746,890
21, Mountain Cascade, Inc.; Livermore, CA; $1,779,625
22. Superior Construction Specialties, Inc.; Mentone, CA; $1,787,000
23. Mocon Corporation; Indio, CA; $1,888,410
24. LL Brown's Engineering, Inc.; El Cajon, CA; $1,950,610
25, LG Engineering; Yucaipa, CA; $1,979,696
26. Ken Thompson, Inc.; Corona, CA; $2,147,180
27. Doug Wall Construction, Inc.; Bermuda Dunes, CA; $2,865,954.71
The Bid Summary is on file with the Public Works Department and posted on the
Procurement Department webpage.
The low bid was submitted by Cass Construction, Inc. In accordance with the City's
Local Business Preference Program (Ordinance No. 1756, and Palm Springs Municipal
Code Section 7.09.030), the low bidder made good faith efforts to solicit local
businesses; four of the five sub-contractors listed by the low bidder are businesses
located in the Coachella Valley. The company is a California corporation, and its
officers are: Kyle P. Nelson, President; Jim P. Nelson, Chairman; Werner Fisher, Vice
President/COO; Jerry Gaeir, Vice President of Business Development, and Laura M.
Nelson, Secreta'ry/Treasurer.
This project impacts the wastewater treatment plant percolation ponds; timing the
construction of this project during the summer months is critical as during the summer
most if not all of the effluent from the plant is delivered to Desert Water Agency to meet
their reclaimed water demands. During the summer, most if not all of the percolation
ponds are dry. However, during the fall and winter, DWA's reclaimed water demands
decrease and the plant is required to use more percolation ponds for discharge of
effluent. Therefore, to ensure that the project construction proceeds without delay, it is
recommended that special authority be granted to the City Manager to approve contract
change orders for this project up to 10% of the project awarded construction contract
amount. This will allow the City Manager, upon the recommendation of the City
Engineer, to authorize up to an additional $105,227.50 in cumulative change orders, to
allow this project to proceed without delay in the event changes in the work, or extra
work, are necessary.
As this project will construct a master-planned storm drain facility, the improvements will
be inspected by RCFC, and upon acceptance, will be operated and maintained by
RCFC. A 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, and is required in order to facilitate RCFC's acceptance of the
improvements.
r `?
City Council Staff Report
April 15, 2009- Page 4
Storm Drain Line 22, Stage 2 (CP 07-15)
FISCAL IMPACT:
This project is identified as part of the Wastewater Fund 2008/2009 Capital
Improvement Plan. Sufficient funds are available in account 420-6800-55008. This
project is being funded entirely from the Wastewater Fund; no General Funds are being
used-
SUBMITTED.-
David J. Barakian Thomas J. W son
Director of Public Works/City Engineer Assistant City Manager
David H. Ready, City er
ATTACHMENTS:
1. Resolution
2. Agreements (2)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, TAKING CERTAIN
ACTIONS RELATED TO PALM SPRINGS STORM DRAIN
LINE 22, STAGE 2; CITY PROJECT NO. 07-15
WHEREAS, the City Council of the City of Palm Springs (hereinafter "City"), by
Resolution, originally adopted a Master Plan of Flood Control and Drainage on
December 11, 1967; and
Whereas, by Resolution adopted March 18, 1981, in cooperation with the Riverside
County Flood Control and Water Conservation District (hereinafter "District'), began the
implementation of the Master Plan of Flood Control and Drainage for the Palm Springs
Area (hereinafter "Master Plan of Drainage"); and
WHEREAS, the implementation of the Master Plan of Drainage serves an important
public purpose by providing flood control protection of public and private property, and
promotes the public health, safety and welfare by maintaining effective access along
public streets during floods; and
WHEREAS, the City has identified Storm Drain Line 22 as a priority facility to implement
from the Master Plan of Drainage; and
WHEREAS, Storm Drain Line 22 extends through and within the Palm Springs
Wastewater Treatment Plant (WWTP), and provides flood control protection for the
WWTP; and
WHEREAS, on January 7, 2009, the City Council approved the plans, specifications,
and working details for the Palm Springs Storm Drain Line 22, Stage 2, City Project 07-
15, and authorized staff to advertise and solicit bids; and
WHEREAS, on March 31, 2009, bids were received for Palm Springs Storm Drain Line
22, Stage 2, City Project 07-15.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby determines that Cass Construction, Inc., is the
lowest responsive bidder, and hereby approves Agreement No. in the amount of
$1,052,275.00 with Cass Construction, Inc., for the Palm Springs Storm Drain Line 22,
Stage 2, City Project 07-15.
6C F
Resolution No.
Page 2
Section 2. The City Council hereby grants the City Manager special contract and
purchase order authorization, and hereby authorizes the City Manager to approve
cumulative change orders of up to 10% of the awarded construction contract amount, or
$106,227.50.
Section 3. The City Council hereby approves 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 22, Stage 2", Project No. 6-0-00322-02.
ADOPTED THIS 15th day of April, 2009.
David H. Ready, City Manager
ATTEST:
James ,Thom son City Clerk
p y
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on April 15, 2009, by the
following vote:
AYES:
NOES:
ABSENT-
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
o��
AGREEMENT
THIS AGREEMENT made this day of 200 by and
between the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, under and by virtue of the laws of the State of California, hereinafter
designated as the City, and Cass Construction, Inc., hereinafter designated as the
Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 --THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid
Schedule(s) of the City's Contract Documents entitled:
PALM SPRINGS STORM DRAIN LINE 22, STAGE 2
CITY PROJECT NO. 07-15
The Work comprises the construction of major storm drain and flood control
improvements, consisting of various size reinforced concrete structures ranging in size
from 66" to 84" reinforced concrete pipe (RCP), manhole structures, transition structure,
outlet structure; relocation of existing 48" diameter wastewater effluent line; removal and
replacement of existing asphalt concrete pavement and crushed miscellaneous base;
earthwork and grading to reshape the existing wastewater treatment percolation ponds,-
construction of Portland cement concrete curbs and pavement; construction of reinforced
concrete retaining walls; removal of existing and installation of new chain link fencing and
gates; and all appurtenant work.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the City if the Work is not completed on time. Accordingly, instead of
requiring any such proof, the City and the Contractor agree that as liquidated damages or
delay (but not as a penalty), the Contractor shall pay the City the sum of $4,875 for each
calendar day that expires after the time specified in Article 2, herein. In executing the
Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard
Specifications, as modified herein, related to liquidated damages, and has made itself
aware of the actual loss incurred by the City due to the inability to complete the Work
within the time specified in the Notice to Proceed. ry
PALM SPRINGS STORM DRAIN LINE 22.STAGE 2 AGREEMENTrORM 67
CITY PROJECT NO.07-15 AGREEMENT AND BONDS-PAGE 1
1129/09
ARTICLE 3 -- CONTRACT PRICE $1,052,275.00
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
and Bid Schedule(s)-
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit,
Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's
Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,
Special Provisions, the Drawings, Addenda numbers 01 to 04 , inclusive, and all
Change Orders and Work Change Directives which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto.
ARTICLE 5 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written
Notice, it shall be deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the
last business address known to the giver of the Notice.
ARTICLE 7 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests
in the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
PALM SPRINGS STORM DRAIN LINE 22,STAGE 2
AGREEMENT FORM
CITY PROJECT NO 07-15
AGREEMENT AND BONDS-PAGE 2
1/29l09
W WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
ATTEST: APPROVED BY THE CITY COUNCIL:
CITY OF PALM SPRINGS,
CALIFORNIA
Date
By
City Clerk Agreement No.
APPROVED AS TO FORM:
By
City Attorney
Date
CONTENTS APPROVED:
By
City Engineer
Date
By
City Manager
Date
PALM SPRINGS STORM DRAIN LINE 22T STAGE 2 AGREEMENT FORM :r GIB
CITY PROJECT NO 07-15 AGREEMENT AND BONDS-PAGE 3
1/29109
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any
Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.
CONTRACTOR: Name Cass Construction Inc. Check one,_Individual_Partnership X Corporation
Address: 1100 Wagner Or
El Cajon, CA 92020
By: By
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title-
(This Agreement must be signed in the above This Agreement must be signed In the above
space by one of the following: Chairman of the space by one of the fallowing: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of 11 State of R
County of ❑ss County of 78S
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(.$) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(1es), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf
1 of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing laws of the State of California that the foregoing
paragraph Is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature. Notary Signature:
Notary Seal: Notary Seal:
PALM SPRINGS STORM DRAIN LINE 22,STAGE 2 AGREEMENT FORM
CITY PROJECT NO,07-15 AGREEMENT AND BONDS-PbGE 4 L
1129/09
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1 COOPERATIVE AGREEMENT
2 (PALM SPRINGS MDP LINE 22, STAGE 2)
(Project No. 6-0-00322-02)
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 plans to construct, certain stormwater
9 management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) as
10
Line 22-Stage 2 hereinafter called "LINE 22", consisting of approximately 2270 lineal feet of
11
12 underground storm drain system and a certain outlet structure as shown in concept in green on
13 Exhibit "A". At the upstream terminus, LINE 22 will connect to an existing segment of Line 22
14 (Stage 1) constructed by CITY pursuant to the terms of a separate agreement between CITY and
15 DISTRICT executed on February 7, 2006.
16 B. CITY will act as the sole Lead Agency pursuant to the California
17
Environmental Quality Act (CEQA). As such, CITY will have the corresponding responsibility
18
to fulfill the obligations of CEQA lead agency with respect to the PROJECT; and
19
20 C. CITY desires DISTRICT to ultimately accept ownership and
21 responsibility for operation and maintenance of LINE 22,
22 D. DISTRICT desires CITY to accept ownership and sole responsibility for
23 (i) the line and grade of all slopes, and (ii) ownership and sole responsibility of all access roads,
24 retaining walls, fences, public use cart paths and a certain catch basin and PVC outlet. together
25
and collectively the slopes, retaining walls, roads, fencing, cart paths, and the catch basin are
26
27 hereinafter called "ACCESS ROAD". Togetber ACCESS ROAD and LINE 22 are hereinafter
28 called "PROJECT." Additionally, it is mutually understood and agreed that CITY shall assume
_ 1 _
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1 ownership and sole responsibility for the operation and maintenance of PROJECT until such
2 time as LINE 22 is accepted by DISTRICT as set forth herein; and
3 E. CITY wishes to allow the public to access and utilize ACCESS ROAD.
4 CITY is willing to assume maintenance responsibilities with regard to ACCESS ROAD as set
5 forth herein. In addition, CITY is willing to indemnify and hold DISTRICT harmless from any
6
claims arising from public's use of ACCESS ROAD or within DISTRICT'S Palm Springs MDP-
7
8 Line 22 right of way as set forth herein; and
9 F. DISTRICT is willing to: (i) review and approve, at its own expense,
10 PROJECT plans and specifications (District Drawing No. 6-362), hereinafter called
I "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY standards, (ii) perform,
12 at its own expense, periodic inspections of LINE 22 and ACCESS ROAD construction for
13
quality control purposes, and (iii) accept ownership and responsibility for the operation and
14
maintenance of LINE 22 improvements upon (i) completion of PROJECT construction and (ii)
15
16 transfer to DISTRICT all necessary rights of way and engineering documentation as set forth
17 herein; and
18 G. CITY is willing to, at its sole expense: (i) prepare "IMPROVEMENT
19 PLANS", (ii) secure all right of way and regulatory permits necessary to construct, inspect,
20 operate and maintain PROJECT, (iii) advertise and administer PROJECT construction contract,
21
(iv) pay all costs associated with PROJECT'S design and construction, (v) perform all required
22
environmental studies and obtain all necessary regulatory permits, (vi) grant DISTRICT the right
23
24 to inspect, operate and maintain LINE 22, (vii) consent to the recordation and conveyance of
25 required easement(s) furnished by CITY as provided herein, and (viii) accept ownership and sole
26 responsibility for the operation and maintenance of PROJECT until such time as DISTRICT
27 accepts LINE 22 for ownership, operation and maintenance as provided herein; and
28 H. DISTRICT and CITY acknowledge that it is in the public interest to proceed
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12
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1 with the construction of PROJECT which is necessary to minimize flooding within street rights
2 of way, reduce the hazards caused by flooding and preserve the ability of the traveling public to
3 safely use CITY'S street rights of way; and
4 I. It is in the best interest of the public to proceed with the construction of
5
PROJECT at the earliest possible date.
6
NOW, THEREFORE,the parties hereto mutually agree as follows:
7
8 SECTION I
9 CITY shall:
10 1. Pursuant to CEQA, assume Lead Agency role and responsibility for
11 preparation, circulation and adoption of all necessary and appropriate CEQA documents
12 pertaining to the construction, operation and maintenance of PROJECT.
13
2. Prepare, or cause to be prepared, at its own expense, IMPROVEMENT
14
PLANS in accordance with CITY and DISTRICT standards, and submit to DISTRICT for
15
16 review and approval.
17 3. Obtain all necessary rights of way, rights of entry and temporary
18 construction easements necessary to construct, operate and maintain PROJECT.
19 4. Obtain all necessary permits, approvals or agreements required by any
20 Federal or State resource or regulatory agencies pertaining to the construction, operation and
21
maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS",
22
may include, but are not limited to, a Section 404 permit issued by USACOE, a Section 401
23
24 Water Quality Certification issued by the Califomia Regional Water Quality Control Board
25 (CRWQCB), a Section 1601 Streambed Alteration Agreement issued by the California
26 Department of Fish and Game and National Pollutant Discharge Elimination System Permits
27 issued by the State Water Resources Control Board or CRWQCB.
28
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1 5. Prior to advertising for bids, provide DISTRICT an opportunity to review
2 and approve all REGULATORY PERMITS.
3 6. Prior to awarding a public works construction contract for PROJECT,
4 provide DISTRICT an opportunity to review and approve IMPROVEMENT PLANS.
5
7. Construct PROJECT pursuant to a CITY administered construction
6
contract, in accordance with IMPROVEMENT PLANS approved by CITY and DISTRICT, and
7
8 pay all costs associated therewith.
9 8. Furnish, or cause its construction manager to Cornish, all construction
10 survey and materials testing services necessary to construct PROJECT..
11 9. Provide DISTRICT with written notice that CITY has awarded a
12 construction contract fox PROJECT.
13
10. Prior to commencing PROJECT construction, furnish DISTRICT with the
14
final mylar IMPROVEMENT PLANS and assign their ownership to DISTRICT.
15
16 11. Not permit any change to or modification of the IMPROVEMENT PLANS
17 without the prior written permission and consent of DISTRICT.
18 12. Prior to commencing PROJECT 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: Administrative Services Section) in writing at least twenty (20) day
22
23 prior to conducting the pre-construction meeting.
24 13_ Require its PROJECT construction contractor(s) to procure and maintai
25 comprehensive liability insurance which shall protect DISTRICT and County of Riverside fro
26 claims for damages for personal iniury, including accidental or wrongful death, as well as fro
27 claims for property damage, which may arise from CITY'S construction of PROJECT or the
28
performance of its obligations hereunder, whether such construction or performance be by CITY
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1 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 County of Riverside as
5
additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said
6
7 insurance coverage shall be provided by an insurance company licensed to transact insurance
8 business in the State of California, and shall be evidenced by a certificate (or certificates) o
9 insurance indicating that the insurance is in full force and effect and that DISTRICT and County
10 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the
I 1 covenant of the insurance carrier(s) that thirty (30) days written notice shall be provided to CITY"
12 and DISTRICT prior to any modification, cancellation, or reduction in coverage of said
13
insurance.
14
Prior to CITY issuing a Notice to Proceed to its constriction contractor(s)
15
16 to begin construction of PROJECT, an original certificate of insurance evidencing the required
17 insurance coverage shall be provided to DISTRICT.
18 14. Obtain and provide DISTRICT, at the time of providing written notice to
19 DISTRICT of the start of construction of PROJECT with duly executed easements(s) to the
20 public for flood control and drainage purposes, including ingress and egress, for the rights o
21
way deemed necessary by DISTRICT for the construction, inspection, operation an
22
23 maintenance of LINE 22, as shown in concept cross-hatched in red on Exhibit "B" attache
24 hereto and made a part hereof. The easement(s) shall be in a form approved by DISTRICT an
25 shall be executed by all legal and equitable owners of the property described in the offer(s).
26 15. Pumish DISTRICT, when submitting the easement(s) as set forth in Sectio
27 1.14., with Preliminary Reports on Title dated not more than thirty (30) days prior to date o
28
submission of all the property described in the easement(s).
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1 16, Accept responsibility for the operation and maintenance of ACCESS
2 ROAD and its public access amenities as set forth herein, provided ACCESS ROAD is
3 constructed in accordance with DISTRICT and CITY approved plans-
4 Upon DISTRICT'S acceptance of LINE 22 for ownership, operation and
5
maintenance, accept sole responsibility for the operation and maintenance of ACCESS ROAD
6
for public use purposes-
7
8 17. Within DISTRICT'S easement(s), as shown in concept cross-hatched in red
9 on Exhibit "B", assume sole responsibility for ensuring the public's safety and enjoyment thereof,
10 including but not limited to (i) performing necessary repairs to ACCESS ROAD, (ii) performing
I I routine removal of litter and debris associated with CITY'S use of ACCESS ROAD and (iii)
12 assuming all liability associated with the recreational use of ACCESS ROAD and easement,
13
including claims of third persons for injury or death or damage to property. Said obligation shall
14
not include any inverse condemnation liability of DISTRICT by reason of the location o
15
16 ACCESS ROAD easement(s) unless such liability is the result of CITY'S operations or use o
17 DISTRICT'S right of way by the public pursuant to CITY'S actual or tacit consent.
18 18. Prior to constructing any improvements or performing any physical
19 modifications within easement(s) (i) submit plans and specifications to DISTRICT for review
20 and approval, ri a DISTRICT for its cost of reviewing said plans and specifications and iii
PP C ) pay g P P (� )
21
obtain an encroachment permit from DISTRICT, pursuant to its rules and regulations.
22
23 19. Within easement(s), promptly remove any unauthorized structures or
24 improvements constructed by CITY, upon receipt of a written notification from DISTRICT in
25 the event DISTRICT'S General Manager-Chief Engineer determines that such structures or
26 improvements in any way interfere with LINE 22's primary purpose and function.
27 20. Within DISTRICT'S easement(s), cease any interfering use upon receipt o
28
a written notification from DISTRICT in the event DISTRICT'S General Manager-Chief
- 6 -
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1 Engineer determines that such use of DISTRICT'S easement in any way interferes with LINE
2 22's primary purpose and function.
3 21. Within DISTRICT'S easement(s), ensure the safety of the public who may
4 utilize DISTRICT'S easement by conducting periodic safety inspections and promptly making
5 such repairs as are necessary to safeguard the public and its use thereof.
6
22. In its use of DISTRICT'S easement under the rights herein granted, CITY
7
8 agrees to promptly repair any damage to ACCESS ROAD, unless such damage is caused by
9 DISTRICT'S customary operation, maintenance or improvements to its facilities.
10 23. If in the opinion of the General Manager-Chief Engineer, the public's use o
I DISTRICT'S easement(s) results in a public hazard, a public nuisance, degradation of water
12 quality, or any other matter of substantial concern to DISTRICT, DISTRICT reserves the right to
13
require remediation, and, if remediation is unsuccessful, to terminate this Agreement.
14
24. Require its construction'contractor(s) to comply with all Cal/OSHA safety
15
16 regulations, including regulations concerning confined space, and maintain a safe working
17 environment for all CITY and DISTRICT employees on the site.
18 25. Require its construction contractor to furnish DISTRICT a confined space
19 procedure specific to PROJECT. The procedure shall comply with requirements contained in
20 California Code of Regulations, Title 8, Section 5158, other Confined Space Operations, Section
21
5157, Permit Required Confined Space and DISTRICT confined Space Procedures, SOM-18.
22
23 The procedure shall be provided to DISTRICT no less than 20 days prior to requesting that
24 DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall b
25 reviewed and approved by DISTRICT prior to conducting the final inspection.
26 26. Upon completion of construction of PROJECT but prior to DISTRICT
27 acceptance of LINE 22, convey, or cause to be conveyed to DISTRICT, flood control
28
7 - "l
122415
I easement(s), including ingress and egress, in a form approved by DISTRICT, to the rights of way
2 as shown in concept cross-hatched in red on Exhibit "B" attached hereto and made a part hereof.
3 27. At the time of recordation of the conveyance document(s) as set forth in
4 Section I.14., furnish DISTRICT with policies of title insurance, each in the amount of not less
5 than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each
6
easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said
7
8 property as being free and clear of all liens, encumbrances, assessments, easements, taxes and
9 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are
10 acceptable.
11 28. Upon completion of PROJECT construction but prior to DISTRICT'S
12 acceptance of LINE 22 for ownership, operation and maintenance, provide DISTRICT with
13
appropriate engineering documentation necessary to establish that PROJECT was constructed in
14
accordance with the CITY and DISTRICT approved IMPROVEMENT PLANS.
15
16 29. Assume ownershp and sole responsibility for the operation and
17 maintenance of ACCESS ROAD.
18 30. Assume ownership and sole responsibility for the operation and
19 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility
20 for the operation and maintenance of LINE 22 as set forth herein.
21
31. Within two weeks of completing PROJECT construction, provide
22
23 DISTRICT with written notice (Attention: Contract Administration Section) that LINE 22
24 construction is substantially complete and requesting that DISTRICT conduct a final inspection
25 of LINE 22 and ACCESS ROAD.
26 32. Upon completion of construction of PROJECT, but prior to acceptance of
27 LINE 22 for ownership, operation and maintenance, CITY'S civil engineer of record or
28
construction civil engineer of record, duly registered in the State of California, shall provide
- 8 - �
M415
I DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval
2 of the redlined "as-built" drawings, CITY'S engineer shall schedule with DISTRICT a time to
3 transfer the redlined changes onto DISTRICT'S original rnylars at DISTRICT'S office, after
4 which the engineer shall review, stamp and sign IMPROVEMENTS PLANS "AS-BUILT".
5
33. Accept sole responsibility for the adjustment of all ACCESS ROAD
6
7 manhole rings and covers located within CITY rights of way which must be performed at such
8 time(s) that the finished grade along and above the underground portions of LINE 22 is
9 improved, repaired, replaced or changed. It being further understood and agreed that any such
10 adjustments shall be performed at no cost to DISTRICT.
11 SECTION II
12 DISTRICT shall:
13
1. Pursuant to CEQA, act as a Responsible Agency and as such will have th
14
is corresponding responsibility to fulfill the obligations of a CEQA Responsible Agency Witt
16 respect to the PROJECT.
17 2. At its sole cost and expense, review and approve all necessa
IS RE-GULATORY PERMITS prior to CITY advertising for bids.
19 3_ At its sole cost and expense, review and approve IMPROVEMENT PLAN
20
prior to CITY'S award of the PROJECT construction contxact.
21
4. At its sole cost and expense, conduct periodic inspections of PROJECT fo
22
23 quality control purposes.
24 5. Accept sole responsibility for ownership, operation and maintenance o
25 LINE 22 upon (i) completion of PROJECT construction, (ii) transfer of the rights of way as se
26 forth in Section 1.14., (iii) receipt of appropriate engineering documentation as set forth is
27 Section 1.28., and (iv) receipt of"as-built" construction drawings as set forth in Section I.32_
28
6. Upon DISTRICT'S acceptance of PROJECT construction as bein
- 9 -
122415
1 complete, provide CITY with a reproducible duplicate copy of the "as-built" IMPROVEMENT
2 PLANS.
3 SECTION III
4 It is further mutually agreed:
5
1. Except as otherwise provided herein, all construction work involved with
6
PROJECT shall be inspected by CITY and shall not be deemed complete until approved and
7
8 accepted as complete by CITY.
9 2. CITY personnel may observe and inspect all work being done on LINE 22,
10 but shall provide any comments to DISTRICT personnel who shall be solely responsible for all
11 quality control communications with CITY's construction contractor(s) during the construction
12 of LINE 22.
]3
3. Within DISTRICT'S easement(s), or as otherwise associated with this
14
Agreement, indemnify and hold DISTRICT, its Board of Supervisors, officers, agents,
15
16 employees and independent contractors free and harmless from any liability whatsoever, based
17 or asserted upon any act or omission of CITY, its officers, agents, employees, subcontractors,
18 independent contractors, guest and invitees for property damage, bodily injury or death (CITY
19 employees included) or any other element of damage of any kind or nature, related to or in any
20 manner connected with or arising from CITY' use and responsibilities in connection therewith o
21
DISTRICT'S easement(s) or the condition thereof, and CITY shall defend, at its expense,
22
including attorneys' fees, DISTRICT, its Board of Supervisors, officers, agents, employees and
23
24 independent contractors, in any legal action based upon such alleged acts or omissions.
25 4. CITY shall indemnify and hold harmless DISTRICT and COUNT
26 (including their agencies, districts, special districts and departments, their respective directors,
27 officers, Board of Supervisors, elected and appointed officials, employees, agents an
� 28
representatives) from any liability, claim, damage, proceeding or action, present or future, base
- to -
122415
1 upon, arising out of or in any way relating to CITY'S (including its officers, employees, elected
2 and appointed officials, subcontractors and agents) actual or alleged acts or omissions related to
3 1 this Agreement, performance under this Agreement, or failure to comply with the requirements
4 of this Agreement, including but not limited to: (a) property damage; ) bodil injury or death;
5
(c) liability or damage pursuant to Article 1, Section 19 of the California Constitution, the Fifth
6
Amendment of the United States Constitution or any other law, ordinance or regulation caused
7
8 by the diversion of waters from the natural drainage patterns or the discharge of drainage within
9 or from PROJECT; or (d) any other element of any kind or nature whatsoever, however, this
10 indemnification and hold harmless shall not include any claims arising from the sole negligent
11 or willful misconduct of DISTRICT, its officers, agents, employees or subcontractors.
12 CITY shall defend, at its sole expense, including all costs and fee
13
(including but not limited to attorneys' fees, cost of investigation, defense and settlements o
14
15 awards) DISTRICT and the COUNTY OF RIVERSIDE (including their agencies, districts
16 special districts and departments, their respective directors, officers, Board of Supervisors
17 elected and appointed officials, employees, agents and representatives) in any claim, proceeding
18 or action for which indemnification is required.
19 With respect to any of CITY'S indemnification requirements, CITY shall, a
20
its sole cost, have the right to use counsel of their own choice and shall have the right to adjust
21
settle or compromise any such claim, proceeding or action without the prior consent o
22
23 DISTRICT or the COUNTY OF RIVERSIDE, provided, however, that any such adjustment
24 settlement or compromise in no manner whatsoever limits or circumscribes CITY'
25 indemnification obligations to DISTRICT or the COUNTY OF RIVERSIDE.
26 CITY'S indemnification obligations shall be satisfied when CITY h
27 provided to DISTRICT and the COUNTY OF RIVERSIDE the appropriate form of dismissal (o
28
similar document) relieving DISTRICT or the COUNTY OF RIVERSIDE from any liability fo
' 11 - r
122415
1 the claim, proceeding or action involved.
2 The specified insurance limits required in this Agreement shall in no way
3 limit or circumscribe CITY'S obligations to indemnify and hold harmless DISTRICT and the
4 COUNTY OF RIVERSIDE from third party claims-
5
In the event there is conflict between this section and California Civil Code
6
Section 2782, this section shall be interpreted to comply with Civil Code 2782. Such
7
8 interpretation shall not relieve the CITY from indennnifying DISTRICT or the COUNTY OF
9 RIVERSIDE to the fullest extent allowed by law.
10 5_ Any notices sent or required to be sent to either patty shall be mailed to the
11 following addresses:
12 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
13 AND WATER CONSERVATION DISTRICT Post Office Box 2743
1995 Market Street Palm Springs, CA 92263-2743
14 Riverside, CA 92501 Attn: Marcus Fuller
15 6. If any provision of this Agreement is held by a court of competent
16 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
17
continue in full force without being impaired or invalidated in any way_
is
7. This Agreement is to be construed in accordance with the laws of the State
19
20 of California.
21 8. This Agreement is the result of negotiations between the parties hereto and
22 with the advice and assistance of their respective counsel. No provision contained herein shall
23 be construed against DISTRICT solely because, as a matter of convenience, it prepared this
24 Agreement in final form_
25
9. Any waiver by DISTRICT or CITY of any breach by the other of any one or
26
27 more of the teens of this Agreement shall not be construed to be a waiver of any subsequent or
28 other breach of the same or of any other term thereof. Failure on the part of DISTRICT or CITY
- 12 - u
r�
122415
1 to require from the other exact, full and complete compliance with any terms of this Agreement
2 shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or
3 CITY from enforcement hereof.
4 10. This Agreement is intended by the parties hereto as their final expression
5 with respect to the matters herein, and is a complete and exclusive statement of the terms and
6
conditions thereof. This Agreement shall not be changed or modified except by the written
7
s consent of both parties hereto.
9 11
10
11 ��
12
13
14
15
16
17
is
19
20
21
22
23
24
25
26
27
28
13 -
L3
122415
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement
2 on
3 (to be filled in by Clerk of the Board)
4 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
5
6 By
WARREN D. WILLIAMS MARION ASHLEY, Chairman
7 General Manager-Chief Engineer Riverside County Flood Control and Water
8 Conservation District Board of Supervisors
9 APPROVED AS TO FORM: ATTEST:
10 PAMELA J. WALLS NANCY ROMERO
County Counsel Clerk of the Board
11 t
12 By � t(\�J By
13 NE KIPNIS Deputy
Deputy County Coven
14
15 (SEAL)
16 Cooperative Agreement: Palm Springs MDP-Line 22
17 KEC:rlp
3/24/09
18
19
20
21
22
23
24
25
26
27
28
- 14 -
122415
1
2
3 RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS
4
By
5 DAVID J. BARAKIAN DAVID II. READY
Director of Public Works/City Engineer City Manager
6
APPROVED AS TO FORM: ATTEST:
8
B BY
9 DO GLAS C. LI LL AND JAMES THOMPSON
Attomey City Clerk
10
11 (SEAL)
12
13
Cooperative Agreement: Palm Springs MDP-Line 22
14 KEC:rlp
15 3/24/09
16
17
I8
19
20
21
22
23
24
25 ,
26
27
28
- 15 -
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