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HomeMy WebLinkAbout4/2/2008 - STAFF REPORTS - 2.M. O�pRLM Spy Al .y u m o.r.o <,F°R N City Council Staff Repo April 2, 2008 CONSENT CALENDAR Subject: APPROVAL OF THREE COOPERATIVE AGREEMENTS WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (RCFC) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The Public Works and Engineering Department is moving forward with the design and construction of master-planned flood control improvements identified as "Palm Springs Line 6A", "Line 8", and "Line 20C and 20CA" 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) Approve 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 Lateral 6A and Lateral 4", Project No. 6-0 00223; and 2) Approve 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 8 and Lateral 8A", Project No- 6-0-00302 and 6- 0-00226; and 3) Approve 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 Laterals 20C and 20CA", Project No. 6-0-00224; and Item No. 2 . M • City Council Staff Report April 2, 2008 - Page 2 RCFC Cooperative Agreements 4) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Public Works and Engineering Department is advancing plans for construction of the flood control improvements identified as "Palm Springs Line 6A", "Line 8", and "Line 20C and 20CA" on the Master Drainage Plan for the Palm Springs Area, administered by the Riverside County Flood Control and Water Conservation District (RCFC). Line 6A will extend storm drain improvements in Sunrise Way from Vista Chino to Via Escuela; Line 8 will extend storm drain improvements in Sunrise Way from the Baristo Channel to Tahquitz Canyon Way; and Line 20C and 20CA will extend storm drain improvements in El Cielo Road from Ramon Road to Baristo Road, and in Baristo Road from El Cielo Road to Compadre Road. 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 6, 8 and 20 are all 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. FISCAL IMPACT: None. David J. Barakian Thomas J. W' on Director of Public Works/City Engineer Assistant Cit Manager David H. Ready, City Ma r ATTACHMENTS: 1. Cooperative Agreements (3) Y / 1182573 1 COOPERATIVE AGREEMENT 2 PALM SPRINGS MDP LATERAL 6A AND LATERAL 4 (Project No. 6-0-00223) 3 4 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 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 "LATERAL 6A" and "LATERAL 4" to provide continued flood protection for CITY'S roads 11 12 and adjacent properties LATERAL 6A and LATERAL 4, hereinafter altogether called 13 "DISTRICT DRAINAGF. 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. 6-299, Sheet 15 of 50; and 16 B. The MDP facilities work includes construction of(i) approximately 1,202 17 lineal feet of underground storm drain system, hereinafter called "Lateral 6A", as shown in 18 19 concept in blue on Exhibit "A" attached hereto, and made a part hereof, and (ii) approximately 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 connector pipes that will be located 24 within C1TY'S rights of way, hereinafter called "APPURTENANCES"_ DISTRICT 25 DRAINAGE FACILITIES and APPURTENANCES are hereinafter altogether called 26 27 "PROJECT"; and 28 D. The proposed PROJECT includes integral and critical segments of - 1 - 000003 118257_3 1 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 with respect to the PROJECT; and 6 7 F. CITY desires DISTRICT to ultimately accept ownership and 8 responsibility for operation and maintenance of DISTRICT DRAINAGE FACILITIES. 9 Therefore, DISTRICT must review and approve plans (as shown in District Drawing No. 6-353) 1p 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 13 operation and maintenance of APPURTENANCES. Therefore, CITY must review and approve 14 IS the PLANS and SPECIFICATIONS and subsequently inspect the construction of 16 APPURTENANCES; and 17 14. 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 21 completion of PROJECT construction; and 22 23 I. CITY is willing to: (i) prepare PLANS and SPECIFICATIONS, (ii) 24 secure all right 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) 28 - 2 - i i xzs�_s 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 6 J_ DISTRICT and CITY acknowledge that it is in the public interest to 7 8 proceed with the construction of PROJECT which is necessary to minimize flooding within 9 street rights of way, reduce the har,,irds caused by flooding, and preserve the ability of the 10 traveling public to safely use CITY'S street rights of way. I I NOW, THEREFORE, the parties hereto mutually agree as follows: 12 SECTION I 13 CITY shall: l4 1. Pursuant to CEQA, act as the sole Lead Agency for preparation, circulation 15 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. 21 3. Secure, at its sole cost and expense all necessary tights of way, rights of 22 23 entry and temporary construction casements necessary to construct, operate and maintain 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 construction, inspection, operation and maintenance of 28 - 3 - 0000r5 118257_3 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 Strewnbcd Alteration Agreement issued by the California Department of Fish and 5 Game and National Pollutant Discharge Elimination System Permits issued by the State Water 6 Resources Control Board or CRWQCB. Furnish DISTRICT with topics of all permits, 7 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 I Corps of Engineers, California Regional Water Quality Control Board, California State 12 Department of Fish and Game and State Water Resources Control Board. 13 5. Prior to advertising for bids, provide DISTRICT an opportunity to review 14 and comment on all REGULATORY PERMITS prior to submittal to regulatory agencies. 15 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 T Construct PROJECT pursuant to a CITY administered construction 19 contract, in accordance with PLANS and SPECIFICATIONS approved by CITY and 20 DISTRICT. 21 S. Furnish or cause its construction manager to furnish, all construction 22 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_ 26 27 28 cog 08G - 4 - I I8257 3 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 PROTECT 3 construction. 4 IL Not permit any change to or modification of the PLANS and 5 SPECIFICATIONS without the prior written permission and consent of DISTRICT. 6 12. Prior to commencing PROJECT construction, CITY shall schedule and 7 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 I I at least twenty (20) days prior to conducting the pre-constnuction meeting. 12 13_ Require its PROTECT construction contractor(s) to procure and maintain 13 comprehensive liability insurance which shall protect DISTRICT and County of Riverside from 14 claims for damages for personal injury, including accidental or wrongful death, as well as from 15 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 21 dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as 22 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 lull force and effect and that DISTRICT and County 27 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the 28 118257_3 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 6 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 11 environment for all CITY and DISTRICT employees on the site. 12 16_ Require its construction contractor to furnish DISTRICT a confined space 13 procedure specific to PROJECT. The procedure shall comply with requirements contained in 14 15 California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, 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 18_ [This Section Intentionally Left Blank.] 21 19. Upon completion of PROJECT construction but prior to DISTRICT'S 22 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. 27 28 - 6 - DOORS 118257_3 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 2L Within two weeks of completing PROJECT construction, provide 5 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 6 7 construction is substantially complete and requesting that DISTRICT conduct a final inspection 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 I 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 13 "as-built" drawings, CITY'S engineer shall schedule with DISTRICT a time to transfer the 14 15 redlined changes onto DISTRICT'S original mylars at DISTRICT'S office, after which the 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 21 shall be performed at no cost to DISTRICT. 22 23 SECTION 11 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 28 - 7 - 000003 119257_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 7 5. Accept sole responsibility for ownership, operation and maintenance of 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 I.22, 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_ 15 16 SECTION III 17 It is fiirther mutually agreed: 18 1. Except as otherwise provided herein, all construction work involved with 19 DISTRICT DRAINAGE FACILITIES shall be inspected by DISTRICT and shall not be zo deemed complete until approved and accepted as complete by DISTRICT. 21 2_ CITY personnel may observe and inspect all work being done on 22 23 DISTRICT 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 DRAINAGE 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 28 8 - � �t� � 118257_3 1 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 8 AND WATER CONSERVATION DISTRICT Post Office Box 2743 9 1995 Market Street Palm Springs, CA 92263-2743 Riverside, CA 92501 Attn: Marcus Fuller 10 11 5. If any provision of this Agreement is held by a court of competent 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 18 19 prepared as a matter of convenience by DISTRICT shall have no import or significance. Any 20 uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because 21 DISTRICT prepared this Agreement in its final form. 22 8. 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 tern thereof_ Failure on the part of DISTRICT or 25 CITY to require from the other exact, full and complete compliance with any terns of this 26 27 Agreement shall not be construed as in any manner changing the terns hereof, or estopping 28 DISTRICT or CITY from enforcement hereof. - 9 - 000011 118257_3 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- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 10 - Q� ® G 118257_3 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement 2 on (to be filled in by Clerk of the Board) 3 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL 4 AND WATER CONSERVATION DISTRICT 5 13 ..� Y 6 WARREN 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: ATTEST: 9 JOE S_ RANK NANCY ROMERO 10 County Counsel Clerk of the Board l I By 13y NEAL KJPNIS Deputy 12 Deputy County Counsel 13 (SEAL) 14 3/18/08 TLC:blj 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 ` 000aa 3 118257_3 1 RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS 2 By DAVID J. BARAKIAN DAVID I-l. READY 3 Director of Public Works/City Engineer City Manager 4 APPROVED AS TO FORM: ATTEST: 5 By By 6 DOUGLAS C. HOLLAND JAMES TIIOMPSON City Attorney City Clerk 7 8 (SEAL) 9 10 3/18/08 TLC:blj 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 12 - 06G�® EXHIBIT A INDEX MAP NTS C_rL .. CANYON 1 CFf"No 5m WkFAEL ROAD Rr r¢ PALM SPRINGS +++ ; COUNTRY CLUE a. RAQUE7 CLUB ROAD w 4Vi 'A U � VIA ESCUEL4 � o �z� L_ STA CHINO _I z U zz77Z PALM SPRIS _ O� INTERNATIONANGL zl, NRPORT m 7AMAR 4K 1/4 COOPERATIVE AGREEMENT CITY OF PALM SPRINGS PALM SPRINGS MDP MASTER DRAINAGE FLAN LATERAL 6A AND LATERAL 6A AND LATERAL 4 LATERAL 4. VICINITY MAP EXHIBIT Asin. n+oo.n❑ a� I F- OjjLRr PMK �71 C Q 0 or- T E' I Ncif � 1 Ito l0 � 41 Vui N[GpCiO !I r 1 1 LATERAL 6A 7 91 PLAN sl LLJ I �z �Ir � 1� 81 VISTA CHINO "_3II 'V Iu COOPERATIVE AGREEMENT PALM SPRINGS MDP LATERAL GA 214 EXHIBIT A n' FND Tn__24+30 00 el 3 „1 vW FSCUEU SEE EXHIBIT B ' LATERAL 4 1 42" RCP ` � z f � o I � s N � O nl (31 cn i sl Q 3z LATERAL 6A AND LATERAL 4 w � PLAN d1 li cn I 3j i MATCIi LINE ST +00.00 S4 40 COOPERATIVE AGREEMENT PALM SPRINGS MDP 314 LATERAL 6A AND LATERAL 4 009017 EXHIBIT A I o o qtl N I I 1 VIA ESCUELA 11+00 I 1D o0 -- --i --i--- — — i RAW o 0 6 N I 427' RCP STORM DRAIN I , w m I z 1 ccn M cl g Nt LATERAL 4 PLAN COOPERATIVE AGREEMENT PALM SPRINGS MDP LATERAL 4 414 118058_4 I COOPERATIVE AGRELMEN1' 2 PALM SPRINGS MDP LINE 8 AND LATERAL 8A 3 (Project Nos. 6-0-00302 and 6-0-00226) 4 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 5 CONSERVATION DISTRICT, hereinafter called "DISTRICT1"" 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 stonnwater 9 management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) as 10 "LINE 8" and "LATERAL 8A" to provide continued flood protection for CITY'S roads and 11 12 adjacent propertie. LINE 8 and LATERAL 8A are hereinafter altogether called "DISTRICT 13 .DRAINAGE FACILITIES" and drain into an existing DISTRICT maintained storm drain 14 system known as Baristo Wash Storm Channel, Project No. 6-00020, Drawing 6-135, Sheet 15 Number 6 of 8; and 16 B. The MDP facilities work includes construction of(i) approximately 4,215 17 lineal feet of underground storm drain system, hereinafter called "Line 8", as shown in concept 18 19 in blue on Exhibit "A" attached hereto, and made a part hereof, and (ii) approximately 109 lineal 20 feet of underground stone drain system, hereinafter called "Lateral 8A", as shown in concept in 21 red on Exhibit "A" attached hereto and made a part hereof. 22 C. Associated with the construction of DISTRICT DRAINAGE 23 FACILITIES is the construction of certain catch basins and connector pipes that will be located 24 within CITY'S rights of way, hereinafter called "APPURTENANCES". DISTRICT 25 DRAINAGE FACILITIES and APPURTENANCES are hereinafter altogether called 26 27 "PROJECT"; and 28 I IW5N_4 I D. The proposed PROJECT includes integral and critical segments of 2 DISTRICT'S Palm Springs Master Drainage Plan and continues the orderly development of 3 CITY'S drainage and storm water management infrastructure, and 4 E. CITY will act as the sole CEQA lead agency for the PROJECT and, as 5 such will have the corresponding responsibility to fulfill the obligations Ora CEQA lead agency 6 with respect to the PROJECT. 7 8 F. CITY desires DISTRICT to ultimately accept ownership and g responsibility for operation and maintenance of DISTRICT DRAINAGE FACILITIES. 10 Therefore, DISTRICT must review and approve plans (as shown on District Drawing No. 6- 11 355) and specifications, herein after called "PLANS and SPECIFICATIONS" and subsequently 12 inspect the construction of DISTRCT DRAINAGE FACILITIES; and 13 G. DISTRICT desires CITY to accept ownership and responsibility for the 14 15 operation and maintenance of APPURTENANCES. Therefore, CITY must review and approve 16 PROJECT PLANS and SPECIFICATIONS and subsequently inspect the construction of 17 APPURTENANCES; and 18 II_ DISTRICT is willing to: (i) review and approve PROJECT PLANS and 19 SPECIFICATIONS in accordance with DISTRICT and CITY standards, (ii) inspect the 20 construction of DISTRICT DRAINAGE FACILITIES, and, (iii) accept ownership and 21 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon 22 23 completion of PROJECT construction; and 24 I. CITY is willing to: (i) prepare PLANS and SPECIFICATIONS, (ii) 25 secure all right of way and regulatory permits, licenses and rights of entry necessary to 26 construct, inspect, operate and maintain PROJECT, (iii) advertise and administer PROJECT and 27 construction contract, (iv) pay all costs associated with PROJECT'S design and construction, (v) 28 - 2 - 000020 118094 4 1 perform all required environmental studies and obtain all necessary regulatory permits, (vi) 2 accept ownership and responsibility for the operation and maintenance of APPURTENANCES, 3 and (vii) accept ownership and sole responsibility for the operation and maintenance of 4 PROJECT following completion of PROJECT until such time as DISTRICT accepts ownership 5 and responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITEIS; 6 and 7 8 J. DISTRICT and CITY acknowledge that it is in the public interest to 9 proceed with the construction of PROJECT which is necessary to minimize flooding within 10 street rights of way, reduce the hazards caused by flooding and preserve the ability of the 11 traveling public to safely use CITY'S street rights of way. 12 NOW, 'THEREFORE, the parties hereto mutually agree as follows: 13 SECTION I 14 CITY shall: 15 16 1. Pursuant to CEQA, act as the sole Lead Agency for preparation, circulation 17 and adoption of all necessary and appropriate CEQA documents pertaining to the construction, 18 operation and maintenance of PROJECT and as such, will have the corresponding responsibility 19 to fulfill the obligations of a CEQA lead agency with respect to the PROJECT. 20 2. Secure, at its sole cost and expense or cause to be prepared, PLANS and 21 SPECIFICATIONS in accordance with CITY and DISTRICT standards. 22 23 3. Secure, at its sole cost and expense all necessary rights of way, rights of 24 entry and temporary construction easements necessary to construct, operate and maintain 25 PROJECT_ 26 4. Secure, at its sole cost and expense all necessary permits, approvals and/or 27 agreements, licenses and rights of entry as required by any Federal or State resource or 28 3 Mon I I$g58_4 1 regulatory agencies pertaining to the construction, inspection, operation and maintenance of 2 PROJECT. Such documents, hereinafter called "REGULATORY PERMITS", include but are 3 not limited to, a Section 404 permit issued by USACOE, a Section 401 Water Quality 4 Certification issued by the California Regional Water Quality Control Board (CRWQCB), a 5 Section 1601 Streambed Alteration Agreement issued by the California Department of Fish and 6 Game, and National Pollutant Discharge Elimination System Permits issued by the State Water 7 8 Resources Control Board or CRWQCB. Furnish DISTRICT with copies of all permits, 9 approvals and/or agreements required by any Federal, State Resources, and/or regulatory agency 10 for the construction, operation and maintenance of DISTRICT DRAINAGE FACILITIES. 11 Such documents include but are not limited to those issued by the U.S. Army Corps of 12 Engineers, California Regional Water Quality Control Board, California State Department of 13 Fish and Game and State Water Resources Control Board. 14 15 5_ Prior to advertising for bids, provide DISTRICT an opportunity to review 16 and comment on all REGULATORY PERMITS prior to submittal to regulatory agencies. 17 6_ Prior to awarding a public works construction contract for PROJECT, 18 provide DISTRICT an opportunity to review and approve PLANS and SPECIFICATIONS. 19 7. Construct PROJECT pursuant to a CITY administered construction 20 contract, in accordance with PLANS and SPECIFICATIONS approved by CITY and 21 DISTRICT. 22 23 8. Furnish or cause its construction manager to furnish, all construction 24 survey and materials testing services necessary to construct PROJECT. 25 9. Provide DISTRICT with written notice that CITY has awarded a 26 construction contract for PROJECT. 27 28 - 4 - 090022 I IS055_q 1 10. Prior to commencing PROJECT construction, furnish DISTRICT with a 2 final set of mylars of PLANS and assign their ownership to DISTRICT prior to the start of 3 PROJECT 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. 6 7 12. Prior to commencing PROJECT construction, CITY shall schedule and 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 13 comprehensive liability insurance which sball protect DISTRICT and County of Riverside from 14 15 claims .for damages for personal injury, including accidental or wrongful death, as well as from 16 claims for properly 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 21 dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as 22 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 27 County of Riverside arc named as additional insureds. Said certificate(s) of insurance shall 28 5 090OZ3 i i soss_a I contain the covenant of the insurance carrier(s) that sixty (60) days written notice shall be 2 provided to CITY and DISTRICT prior to any modification, cancellation or reduction in 3 coverage of said 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 6 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 I environment for all CITY and DISTRICT employees on the site. 12 16. Require its construction contractor to furnish DISTRICT a confined space 13 procedure specific to PROJECT. The procedure shall comply with requirements contained in 14 15 California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, 16 Section 5157, Permit Required Confined Space and DISTRICT Confined Space Procedures, 17 SOMA 8. 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 18. [This Section Intentionally Left Blank.] 21 19. Upon completion of PROJECT construction but prior to DISTRICT'S 22 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 CITY and 26 DISTRICT approved PLANS and SPECIFICATIONS. 27 28 1180594 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 6 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 II 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 13 "as-built" drawings, CITY'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 15 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 21 shall be performed at no cost to DISTRICT. 22 23 SECTION Il 24 DISTRICT shall: 25 1. Act as a Responsible Agency under CEQA and take all necessary and 26 appropriate action to comply with CEQA. 27 2. Review and comment on all necessary REGULATORY PERMITS prior to 28 7 000025 118058_4 I CITY advertising for bids. 2 3. Review and approve PLANS and SPECIFICATIONS prior to CITY'S 3 award of the PROJECT construction contract. 4 4. Inspect DISTRICT DRAINAGE FACILITIES construction for quality 5 control purposes. 6 7 5. Accept sole responsibility for ownership, operation and maintenance of 8 DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT acceptance of DISTRICT g DRAINAGE FACILITIES as being complete, (ii) receipt of appropriate engineering 10 documentation as set forth in Section L 19., (iii) receipt of"as-built" construction drawings as set 1 I forth in Section I.22., 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. 15 16 SECTION III 17 It is further mutually agreed: 18 1. Except as otherwise 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. 21 2. CITY personnel may observe and inspect all work being done on 22 23 DISTRICT 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 coniractor(s) during the construction of DISTRICT DRAINAGE 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 parry as a result of 28 - 8 - 118058_4 1 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 PROTECT. 5 4. Any notices sent or required to be sent to either party shall be mailed to the 6 following addresses: 7 8 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS 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 18 19 prepared as a matter of convenience by DISTRICT shall have no import or significance. Any 20 uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because 21 DISTRICT prepared this Agreement in its final form. 22 S. 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 tern 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 - 9 - 090027 I IROSd_4 I DISTRICT or CITY from enforcement hereof- 2 9, This Agreement is intended by the parties hereto as their final expression 3 with respect to the matters herein and is a complete and exclusive statement of the terms, and 4 conditions thereof This Agreement shall not be. changed or modified except by the written 5 consent of both parties hereto. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 11805ft_4 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement 2 on (to be filled in by Clerk of the Board) 3 4 RECOMMENDED FOR APPROVAL: RIVE'"RSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 5 By 6 WARREN 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: ATTEST: 9 JOE S. RANK NANCY ROMERO 10 County Counsel Clerk of the Board II By By 12 NEAL KIPNIS Deputy Deputy County Counsel 13 (SEAL) 14 IS 16 RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS 17 By 18 DAVID J. BARAKIAN DAVID H. READY 19 Director of Public Works/City Engineer City Manager 20 APPROVED AS TO FORM: ATTEST: 21 By By DOUGLAS C_ HOLLAND JAMES THOMPSON 22 City Attorney City Clerk 23 (SEAL) 24 25 26 27 2/28/08 TLC:blj 28 - I1 - EXH[B[T Q 70 Zc o � } a z o ENO PROJECT L ANDREA5 ROAD E TAHQUITZ CYN WAY C TAHQUIT7 CYN WAY 111 E ARENAS ROAD � LATERAL 8Aco C RARISTO ROAD W C SARISTO ROAD BARISTo WASH z CHANNEL E RAMON ROAD i � E RAMON ROAD LATERAL 18-1 L _¢ HECIN PROJECT F111i w � J N z r N r E MESQUITE AVE N INDEX MAP a NTS z E MESQUITE AVE 118 COOPERATIVE AGREEMENT CITY OF PALM SPRINGS PALM SPRINGS MDP LINE 8 MASTER DRAINAGE PLAN AND LATERAL 8A LINE S AND LATERAL 8A VICINITY MAP OG ON EXHIBIT A no' so' B7A�tZi17A9P Q J LLJ ml a- � z i m z z � X x � s N � LINE 8 t' - O PLAN I UJ Un so � so EL CIELO ROAD COOPERATIVE AGREEMENT PALM SPRINGS MDP LINE 8 2/8 EXHIBIT A Su 50' MATCH LINE H' W Z N ' m U Z CO a x R O C� (n LINE 8 PLAN RAMDN RD a it MATCH LINE STA. 17+00.00 no no COOPERATIVE AGREEMENT PALM SPRINGS MDP LINE 8 318 EXHIBIT A 50 50' 0' �+ T n� I w I} Ln I � Ln } Q �1 p Loa x � 00m ¢ c ofo rT x p LINE 8 u PLAN N Z 0] Q MATCH LINE 17 STA. 24400.00 sao COOPERATIVE AGREEMENT PALM SPRINGS MDP LINE 8 4/8 0�0©33 EXHIBIT A I L,i cn z �n O wG X � � oo m Q r U CC UJ CLI 0 LINE 8 PLAN smlI o RO MATCH LINE tn' STA. 31+00.00 �_ S COOPERATIVE AGREEMENT PALM SPRINGS MDP LINE 8 518 Q6Q03� EXHIBIT A MATCH LINF so' so gs.�SR0.0 i i _ Cn N uu T,WpU17Z - III � 7} III W (n I � z N cn cn >- I in O x i- m L_ 00 m Q I LINE 8 AND LATERAL. 8A I PLAN I �— ARENAS RD MATCH LINE ETA. 38+00.00 SO 30 COOPERATIVE AGREEMENT PALM SPRINGS MDP LINE 8 AND LATERAL 8A 618 000035 EXHIBIT A 50' sa' 5 m 0 } d z � � � o I � I L� U7 W m U � � z z Q z � I In ej x � Oo a LINE 8 e,a PLAN MATCH LINE 51'A 45+50.00 so so COOPERATIVE AGREEMENT PALM SPRINGS MDP LINE 8 718 S � EXHIBIT A s TAHQUITZ a w z a cn a Nf �a Q J N , LATERAL SA PLAN COOPERATIVE AGREEMENT PALM SPRINGS MDP LATERAL 8A 818 0000,017 117007 ■ 1 COOPERATIVE AGREEMENT 2 PALM SPRINGS MDP LATERAL 20C AND LATERAL 20CA (Project Nos.6-0-00224 and 6-0-00225) 3 4 The RIVERSIDE COUNTY I'LOOD CONTROL AND WATER 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 stortnwater 9 management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) as 10 11 "LATERAL 20C" and "LATERAL 20CA" to provide continued flood protection for CITY'S 12 roads and adjacent properties; and LATERAL 20C and LATERAL 20CA are hereinafter 13 altogether called "DISTRICT DRAINAGE FACILITIES" which drains into an existing 14 DISTRICT maintained underground storm drain system known as Palm Springs MDP Line 20, 15 Stage 2, Project No. 6-0-00320, Drawing 6-324, Sheet Numbers 6 and 7 of'35; and 16 B. The MDP facilities work includes construction of(i) approximately 1,200 17 lineal feet of underground storm drain system, hereinafter called "Lateral 20C% as shown in 18 i9 concept in blue on Exhibit "A" attached hereto, and made a part hereof, and (ii) approximately 20 1,240 lineal feet of underground storm drain system, hereinafter called "Lateral 20CA", as shown 21 in concept in red on Exhibit "A" attached hereto and made a part hereof. 22 C. Associated with the construction of DISTRICT DRAINAGE FACILITIES 23 is the construction of eea-fain catch basins and connector pipes that will be located within CITY'S 24 rights of way, hereinafter called "APPURTENANCES". DISTRICT DRAINAGE FACILITIES 25 26 and APPURTENANCES are hereinafter altogether called "PROJECT'; and 27 D. The proposed PROJECT includes integral and critical segments of 28 DISTRICT'S Palm Springs Master Drainage Plan and continues the orderly development of i run> I CITY'S drainage and stornt water manacemcnt infrastructure, and 2 E. CITY will act as the sole CEQA lead agency for the PROJECT and. as 3 such will have the corresponding responsibility to fulfill the obligations of a CEQA lead agency 4 with respect to the PROJECT. 5 R CITY desires DISTRICT to ultimately accept ownership and 6 7 responsibility for operation and maintenance of DISTRICT DRAINAGE FACILITIES. 8 Therefore, DISTRICT must review and approve plans (as show in District Drawings No. 6-354) g and specifications, herein after called "PLANS and SPECIFICATIONS" and subsequently 10 inspect the construction of DISTRCT DRAINAGE FACILITIES; and II G. DISTRICT desires CITY to accept ownership and responsibility for the 12 operation and maintenance of APPURTENANCES. Therefore, CITY must review and approve 13 PROJECT PLANS and SPECIFICATIONS and subsequently inspect the construction o 14 15 APPURTENANCES; and 16 H. DISTRICT is willing to: (i) review and approve, PROJECT, PLANS and 17 SPECIFICATIONS; in accordance with DISTRICT and CITY standards, (ii) inspect the 18 construction of DISTRICT DRAINAGE FACILITIES, and, (iii) accept ownership and 19 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon 20 cornpletion of PROJECT construction; and 21 22 I. CITY is willing to: (i) prepare PLANS and SPECIFICATIONS, (ii) secure 23 all right of way and regulatory permits, licenses and rights of entry necessary to construct, 24 inspect, operate and maintain PROJECT, (iii) advertise and administer PROJECT and 25 construction contract, (iv) pay all costs associated with PROJECT'S design and construction, (v) 26 perform all required environmental studies and obtain all necessary regulatory permits, (vi) 2'J accept ownership and responsibility for the operation and maintenance of APPURTANCES, (vii) 28 accept ownership and sole responsibility for the operation and maintenance of PROJECT 2 000039 117007 I following completion of PROJECT until such time as DISTRICT accepts ownership and 2 responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITEIS; and 3 J. DISTRICT and CITY aclulowledge that it is in the public interest to proceed 4 with the construction of PROJECT which is necessary to minimize flooding within street rights- 5 of-way, reduce the hazards caused by flooding, and preserve the ability of the traveling public to 6 7 safely use CITY'S street rights-of-way; and 8 NOW, THEREFORE, the parties hereto mutually agree as follows: 9 SECTION I 10 CITY shall: 11 1. Pursuant to CEQA, act as the sole Lead Agency for preparation, circulation 12 and adoption of all necessary and appropriate CEQA documents pertaining to the construction, 13 14 operation and maintenance of PROJECT and as such, will have the corresponding responsibility 15 to fulfill the obligations of a CEQA lead agency with respect to the PROJECT. 16 2. Secure, at its sole cost and expense, or cause to be prepared, PLANS and 17 SPECIFICATIONS in accordance with CITY and DISTRICT standards. 18 3. Secure, at its sole cost and expense all necessary rights of way, rights of 19 entry and temporary construction easements necessary to construct, operate and maintain 20 PROJECT. 21 22 4. Secure, at its sole cost and expense all necessary permits, approvals and/or 23 agreements, licenses, rights of entry as required by any Federal or State resource or regulatory 24 agencies pertaining to the construction, inspection, operation and maintenance of PROJECT. 25 Such docmnents, hereinafter called "REGULATORY PERMITS", include, but are not limited to, 26 a Section 404 permit issued by USACOL, a Section 401 Water Quality Certilication issued by 27 the California Regional Water Quality Control Board (CRWQCB), a Section 1601 Streambed 28 Alteration Agreement issued by the California Department of Fish and Game and National 117007 I Pollutant Discharge Elimination System Permits issued by the State Water Resources Control 2 Board or CRWQCB. Furnish DISTRICT with copies of all permits, approvals, and/or 3 agreements required by any Federal, State Resources, and/or regulatory agency for the 4 construction operation and maintenance of D1S 1-RICf DRAINAGE FACILITIES. Such 5 documents include but are not limited to those issued by the LJ.S. Army Corps of Engineers, 6 7 California Regional Water Quality Control Board, California State Department of Fish and 8 Game and State Water Resources Control Board. 9 5. Prior to advertising for bids, provide DISTRICT an opportunity to review 10 and comment on all REGULATORY PERMITS prior to submittal to regulatory agencies. 11 6. Prior to awarding a public works construction contract for PROJECT, 12 provide DISTRICT an opportunity to review and approve PLANS and SPECIFICATIONS. 13 7, Construct PROJECT pursuant to a CITY administered construction 14 15 contract, in accordance with PLANS and SPECIFICATIONS approved by CITY and 16 DISTRICT. 17 8. Furnish, or cause its construction manager to furnish, all construction is survey and matefials testing services necessary to construct PROJECT. 19 9. Provide DISTRICT with written notice that CITY has awarded a 20 construction contract for PROJECT. 21 22 ]0. Prior to commencing PROJECT construction, furnish DISTRICT with final 23 Mylar of PLANS and assign their ownership to DISTRICT prior to the start of PROJECT 24 construction. 25 11. Not permit any change to or modification of the PLANS and 26 SPECIFICATIONS without the prior written permission and consent of DISTRICT. 27 12. Prior to commencing PROJECT construction, CITY shall schedule and 28 conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager, 117007 1 CITY'S Construction contractor(s), DISTRICT and other affected entities. CI.1'Y shall notify 2 DISTRICT (Attention: Design and Construction Division — Contract Administration) in writing 3 at least tweet 20 days prior to conducting the pre-construction.meeting 4 13. Require its PROJECT construction contractor(s) to procure and maintain 5 comprehensive liability insurance which shall protect DISTRICT and County of Riverside from 6 7 claims for damages for personal injury, including accidental or wrongful death, as well as from S claims for property damage, which may arise from C'ITY'S constntction of PROJECT or the 9 performance of its obligations hereunder, whether such construction or performance be by CITY, 10 the al`orementioned construction contractor(s), or any subcontractors to said construction I I contractor(s), or U anyone employed directl or indirectly b said construction contractors or O Y YY Y Y O 12 subcontractors. Such insurance shall provide for coverage limits of not less than two million 13 14 dollars (52,000,000) per occurrence and shall name DISTRICT and County of Riverside as 15 additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said 16 insurance coverage shall be provided by an insurance company licensed to transact insurance 17 business in the State of California, and shall be evidenced by a certificate (or certificates) of IS insurance indicating that the insurance is in full force and effect and that DISTRICT and County 19 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the 20 covenant of the insurance carrier(s) that sixty (60) days written notice shall be provided to CITY 21 22 and DISTRICT prior to any modification, cancellation, or reduction in coverage of said 23 insurance. 24 Prior to CITY issuing a Notice to Proceed to its construction contractor(s) 25 to begin construction of PROJECT, an original certificate of insurance evidencing the required 26 insurance coverage shall be provided to DISTRICT. 27 14, [This Section Intentionally Left Blank,] 28 s QHM u�un� 1 15. Require its construction contractor(s) to comply with all Cal/OSHA safety 2 regulations, including regulations concerning confined space, and maintain a safe working 3 environment for all CITY and DISTRICT employees on the site- 4 16. Require its construction contractor to furnish DISTRICT a confined space 5 procedure specific to PROJECT. The procedure shall comply with requirements contained in 6 7 California Code of Regulations. Title 8, Section 5158, Other Confined Space Operations, Section 8 5157, Permit Required Confined Space and DISTRICT confined Space Procedures, SOM-18. 9 The procedure shall be provided to DISTRICT prior to start of construction. 10 17. Grant, by execution of this Agreement the right to inspect, operate and I I maintain DISTRICT DRAINAGE FACILITIES within CITY rights of way. 12 18. [This Section Intentionally Left Blank.] 13 19, Upon completion of PROJECT construction but prior to DISTRICT'S 14 15 acceptance of DISTRICT DRAINAGE FACILITIES for ownership, operation and maintenance, 16 provide DISTRICT with appropriate engineering docrurientation necessary to establish that 17 DISTRICT DRAINAGE FACILIEIS was constructed in accordance with the CITY and 18 DISTRICT approved PLANS and SPECIFICATIONS. 19 20. Assume ownership and sole responsibility for the operation and 20 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility 21 for the operation and maintenance of DISTRICT DRAINAGE FACILITIES as set forth herein. 22 23 21. Within two weeks of completing PROJECT construction, provide 24 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 25 construction is substantially complete and requesting that DISTRICT conduct a final inspection 26 of PROJECT. 27 22, Upon completion of construction of PROJECT, but prior to acceptance of 28 PROJECT for ownership, operation and maintenance, CITY'S civil engineer of record or - 6 - oa0®43 1170u7 I construction civil engineer of record, duly registered in the State of California, shall provide 2 DISTRICT a redlined "as-built" copy of PLANS. Alter DISTRICT approval of the redlined "as- 3 built" drawings, CITY'S engineer shall schedule with DISTRICT a time to transfer the redlined 4 changes onto DISTRICT'S original mylars at DISTRICT'S office, after which the engineer shall 5 review, stamp and sign PLANS "AS-BUILT". 6 7 23. Accept sole responsibility for the adjustment of all PROJECT matiltole 8 rings and covers located within CITY rights of way which trust be performed at such time(s) that 9 the finished grade along and above the underground portions of PROJECT is improved, repaired, 10 replaced or changed. It being further understood and agreed that any such adjustments shall be I I performed at no cost to DISTRICT. 12 SECTION II 13 DISTRICT shall: 14 15 1. Act as a Responsible Agency under CEQA and take all necessary and 16 appropriate action to comply with CEQA. 17 2. Review and comment on all necessary REGULATORY PERMITS prior to 18 CITY advertising for bids. 19 3. Review and approve PLANS and SPECIFICATIONS pp prior to CITY'S 20 award of the PROJECT construction contract. 21 22 4. inspect DISTRICT DRAINAGE FACILITIFS construction for quality 23 control purposes. 24 5. Accept sole responsibility for ownership, operation and maintenance of 25 DISTRICT DRAINAGE FACILITIES upon (i) DISTRICT acceptance of DISTRICT 26 DRAINAGE FACILITIES as being complete, (r ) receipt of appropriate engineering 27 documentation as set forth in Section 1.19., and (iii) receipt of"as-built" construction drawings as 28 set forth in Section I.22 (iv) CITY acceptance of APPURTENANCES. - 7 - GGG044 117007 1 6. Upon DISTRICT'S acceptance of DISTRICT DRAINAGE FACILITIES 2 construction as being complete, provide CITY with a reproducible duplicate copy of the "as- 3 built" PLANS- 4 SECTION III 5 It is further mutually agreed. 6 7 1. Except as otherwise provided herein, all construction work involved with 8 DISTRICT DRAINAGE FACILITIES shall be inspected by DISTRICT and shall not be deemed 9 complete until approved and accepted as complete by DISTRICT. 10 2. CITY personnel may observe and inspect all work being done on 11 DISTRICT DRAINAGE FACILITIES, but shall provide any comments to DISTRICT personnel 12 who shall be solely responsible for all quality control communications with CITY'S construction 13 contractor(s) during the construction of DISTRICT DRAINAGF FACILITIES, 14 IS Each party, as to any claim or liability arising out of any act or omission 16 with reference to any work to be performed by or authority delegated to such party as a result of 17 this Agreement, shall save, defend, indemnify and hold harmless the other party and its officers 18 and employees from all liability for death or injury to person, or damage to property, or claim 19 therefore. CITY" shall require its prime contractor to include DISTRICT as an additional insured 20 under the liability insurance coverage required by C1TY'S construction contract for PROJECT. 21 22 4. Any notices sent or required to be sent to either party shall be mailed to the 23 following addresses: 24 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS AND WATER CONSERVATION DISTRICT Post Office Box 2743 25 1995 Market Street Palm Springs, CA 9220-2743 26 Riverside, CA 92501 Aim: Marcus Fuller 27 5. If any provision of this Agreement is held by a court of competent 28 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless 8 - 000E5 117007 I continue in full force without being impaired or invalidated in any way. 2 6. This Agreement is to be construed in accordance with the laws of the State 3 of California. 4 7, This Agreement is the result of negotiations between the parties hereto and 5 with the advice and assistance of their respective counsel. The fact that this Agreement was 6 7 prepared as a matter of convenience by DISTRICT shall have no import or significance. Any 8 uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because 9 DISTRICT prepared this Agreement in its final form. 10 8. Any waiver by DISTRICT or CITY of any breach by the other of any one or 1 I more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or 12 other breach of the same or of any other term thereof. Failure on the part of DISTRICT or CITY 13 to require from the other exact, full and complete compliance with any terms of this Agreement 14 15 shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or 16 CITY from enforcement hereof'. 17 9, This Agreement is intended by the parties hereto as their final expression IS with respect to the matters herein, and is a complete and exclusive statement of the terms and 19 conditions thereof. This Agreement shall not be changed or modified except by the written 20 consent of both parties hereto. 21 H 22 23 24 25 26 27 28 - 9 - UUUU�U 117007 I IN WITNESS W11ERIEOF, the parties hereto have executed this Agreement 2 on 3 (to be filled in by Cleric of the Board) 4 RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 5 By 6 WARREN 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: ATTEST: 9 JOE S. RANK NANCY ROMERO 10 County Co is 1 Clerk of the Board 11 By BY 12 NEA KIPNIS Deputy Deputy County Counse 13 Dated: (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 1701)7 I RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS 2 By DAVID J. BARAKIAN DAVID H. READY 3 Director ol'Public Works/City Engineer City Manager 4 APPROVED AS TO FORM: ATTEST: 5 By By 6 DOUGLAS C. HOLLAND JAMES ThIOMPSON 7 City Attorney City Clerk- 8 (SEAL) 9 10 TLC:mcv P8\117007 11 02/11/08 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 Exhibit A 101, INDEX MAP NTS 117\ ENO PROJECT E BARI STO RO PALM SPRINGS n. LATERAL 20CA a INTERNATIONAL AIRPORT 0 0 z ¢ a 3 �^ ¢ E RAMON RI LATERAL 20 w� BEGIN PROJECT � r w - > � r - a w . - z w ca N E MESOUITE AIE I CITY OF PALM SPRINGS MASTER DRAINAGE PLAN LATERALS 20C & 20CA VICINITY MAP Cooperative Agreement Palm Springs—MDP—Laterals 20C & 20 CA 1 /3 Exhibit A a„ a 0 0 ° f � Ln w �- p7 J W Ly U J " 4 LLJ JI J z o Of 4 F7 Of { 0 I I gl kl 01 00,00"I YJ,s 3NIJ H5,V ,OS , Cooperative Agreement Palm Springs—NWP—Laterals 20C & 20 CA 2 /3 Exhibit A UUN 0 0 v d RAW w 6ARISTO RD- �� 48_STORM DRAIN _ - U U Q LATERAL 20CA PLAN- Cooperative Agreement Palm Springs—MDP—Laterals 20C & 20 CA 3/3