HomeMy WebLinkAbout01738 - RIVERSIDE COUNTY FLOOD CONTROL DISTRICT TAHQUITZ WASH CREEK FLOOD CONTROL PROJECT g97 DATE August ;,7
community Development
fA 0 *f ce., of the City Clerk
-
rsElr'T .z, AGREEMENT
STATUS
n order, to update the Agreement Tickler List,-'please advise status of the following
agreements:
O .k.:rTO: FUTURE iAGREEMENT NO.
CLOSE
;.NOW
�ZF Riverside County Flood Control District
cooperation agr. btwn County & City l"�,for,
construction of project.
2279 Cordes Data Systems, design and program
for Conmi. Dev. Land Mgmt data base.
TIAL HERE
TA RICIA JO S
.Assistant Cit Clerk
CITY OF PALM SPRINGS
Wyk OI�4A"Wft"
'X :1 Jf:i t:::�
77
Riverside Co. Fld Contrl
AGR #1738 Amend #1 to delete
work west of Palm Canyon excp-
1 AMENDMENT TO AGREEMENT Horse Trail , (orig 5-24-83)
Motion, 5-18-83
2 The Riverside County Flood Control and water
3 Conservation District, hereinafter referred to as "District" , and
4 the City of Palm Springs , hereinafter referred to as "City" ,
5 hereby agree as follows;
6 RECITALS:
7 The parties hereto are the parties to a certain
8 "Agreement" dated September 8 , 1961, under the terms of which the
9 parties shall jointly participate in the construction of the
10 Tahquitz Creek Flood Control Project and certain additional
11 facilities and amenities associated therewith;
12 The parties have been unable to fulfill at this time
13 the conditions set forth in Section III, paragraph 11, of said
14 Agreement;
15 There exists a critical need for the construction of
16 the project downstream and easterly of Palm Canyon Drive, as set
17 forth in the plans and specifications therefor and the parties
18 desire to amend said Agreement to provide for the staged
19 construction of the project;
20 NOW, THEREFORE, the parties hereto do hereby mutually
21 agree to amend said Agreement of September 8 , 1981, as follows:
22 1. Stage I of the project is to be constructed by
23 District in accordance with the plans and specifications therefor
24 and shall include all of the facilities and amenities set forth
25 in Section I , paragraph 1 , excepting therefrom the equestrian
26 trail improvements upstream of Palm Canyon Drive as set forth in
27 subparagraph E, of said Section and paragraph;
28
0 46
1 2 . The parties hereto do hereby waive the provisions
2 of Section III , paragraph 12 of said Agreement.
3 3 . Except to the extent specifically modified or
4 amended hereunder, all of the terms, covenants and conditions of
5 said Agreement dated September 8 , 1981, shall remain in full
6 force and effect between the parties hereto.
7 Dated:
8 RIVERSIDE COUN`1'Y FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
9
iP
10 i L
11 By
a rm n, Board of Supervisors
12
ATTEST:
13
GERALD A. MALONEY, Clerk
14
BY
15 •. Deputy
16 CITY OF PALM SPRINGS
17
By �� %C ✓, Can J
19 City Manager i
20 Recommended for Approval.:
,NPROVED�AS TO FORM
121 ,�✓
1 �/ems �i ✓�����ir-'
22 —PLC City Attorney
23 1KENNETH L. EDWARDS Date
Chief Engineer
24
25
APPROVED BY THE CITY C UNCN.
26 BYRES. /) c ,�
27 ajL NO. ('l3 J t
28 '�"
rside Co. Flood Control Dist.
str Tahq Creek Flood Control
Project
AGREEMENT #1738
A G R E E M MO 2977, 9-2-81
2 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
3 hereinafter referred to as "DISTRICT" and the CITY OF PALM SPRINGS, hereinafter
4 referred to as "CITY", hereby agree as follows:
5 RECITALS:
6 DISTRICT has prepared plans and contract specifications for construc-
7 tion of the Tahquitz Creek Flood Control project within the City of Palm Springs
8 and
9 CITY desires that certain bridges, bikeways, equestrian trails, basic
10I landscaping with irrigation facilities, decorative fencing and other amenities
11 adjacent to the channel be included in the project, and DISTRICT will realize
12 substantial benefit by assuring that said facilities and amenities are construc-
13 ted and installed concurrently with the construction of said Flood Control
14 Project; and
151 CITY desires the channel remain unfenced insofar as possible to pro-
16 vide for certain open space uses; and
17 DISTRICT and CITY have worked cooperatively in preparing the design
18 for the project including the design of amenities, defined herein, as evidenced
19 by the Agreement between CITY and DISTRICT dated October 9, 1979; and
20 DISTRICT has included the facilities and amenities requested by CITY
21 as part of the work to be constructed for the project, provided however, CITY
22 pays DISTRICT for certain portions of the improvements constructed for CITY and
23
provides appropriate assurances regarding maintenance and liability.
24 NOW, THEREFORE, it is mutually agreed as follows:
25 SECTION I
26 CITY shall :
27 1. Pay DISTRICT the contract price of the facilities and amenities
28 constructed for CITY, less the amount therefor which shall be paid by DISTRICT
JAMES H.ANGELL
COUNTYCOUNSEL
RIVERSIDE,CALIFORNIA i -1- 10 a 3
II
0 10 a 4
1 as set forth in Section II, paragraph 4, hereof, in accordance with the plans
2 and specifications approved by DISTRICT; the total costs of which facilities and
estimated to cost
3 amenities are-%$ 1,641 ,000 _ The amount of payment from CITY shall be paid to
4 DISTRICT in ten (10) equal monthly installments upon monthly billing by DISTRICT
5 after award of the contract. The facilities and amenities to be constructed for
6 CITY, are summarized as follows:
7 A. Sunrise Way Bridge, bridge approaches and drainage facili-
8 ties, detour, utility relocations and related improvements;
g B. Storm drain laterals at the intersections of Sunrise Way,
10 Mesquite Avenue and Sunrise Way, Sunny Dunes Road;
11 C. Camino Real Pedestrian Bridge and related improvements;
12 D. Bikeway paving between Sunrise Way and Palm Canyon Drive;
13 E. Equestrian trail improvements upstream of Palm Canyon Drive
14 along the maintenance road.
151 F. Safety barrier fencing between the bikeway and the channel
16 as shown on the approved plans;
17 G. Landscaping and irrigation system installed along the
18 channel east of Palm Canyon Drive (State Highway 111);
19 2. Pay DISTRICT any increase in the contract cost for work resulting
20 from any CITY-approved change order to the contract. The amount thereof shall
21 be based upon the contract unit prices bid and the actual quantities of mater-
22 ials installed by the contractor to complete the required facilities. Payment
23 shall be made within thirty (30) days after DISTRICT bills CITY upon installa-
24 tion of the improvements.
25 3. Relocate or arrange for the! relocation of all utilities as re-
26 quired for the construction of the facilities being funded by CITY at no cost
27 to DISTRICT, except the sanitary sewer siphon at Sunrise Way which shall be con
28 structed by DISTRICT in accordance with Section II-2 hereof; and further except
JAMES H.ANGELL
COUNTYCOUNSEL
LAW LIBRARY BLDG. -O-
RIVERSIOE.CALIFORNIA L
I for other sewer relocation and construction which shall be constructed in
2 accordance with Section I1-8, hereof, the cost of which shall be paid by CITY.
3 4. Order relocation of all utilities as required for construction of
4 the project which are located within CITY streets or property, which have been
5 installed under a permit or franchise and which the utility owner must relocate
6 at its own expense.
7 5. Maintain the bikeway and equestrian trail including safety
8 barrier fencing along the bikeway, after the project is completed. Maintain
9 landscaping and irrigation facilities installed for CITY including existing
10 oleanders and trees along the south side of the channel west of Sunrise Way.
11 6. Clean and maintain all curb inlets and gratings located within ,
12 CITY streets.
13 SECTION II
14 DISTRICT shall:
151 1. Construct for CITY, as part of its construction of the Tahquitz
16 Creek Channel , the facilities and amenities requested by CITY, as set forth in
17 Section I-1, in accordance with plans and specifications approved by CITY and
18 DISTRICT. DISTRICT shall cause said work to be done pursuant to a public works
19 contract let by .it, and shall assume responsibility and pay all costs for in-
20 spection, construction surveys and supervision of construction.
21 2. . Construct a sanitary sewer siphon required for the construction
22 of the channel improvements at Sunrise Way in accordance with CITY approved
23 plans. DISTRICT will pay all costs of this sewer relocation.
24 3. Pay the contract price of landscaping and irrigation facilities
25 installed west of Palm Canyon Drive (State Highway 111).
26 4. Pay the total sum of $ 600,000 , as and for its portion of the
27 contract price of facilities and amenities constructed for CITY, as set forth
28 in Section I, hereof, and as shown on the plans and specifications approved
AMES H.ANGELL
COUNTYCOUNSEL 10 a 5
LAW LIBRARY BLDG.
VVERSIDE.CALIFORNIA -3-
' 0 10 a 6
1 by DISTRICT, subject to the terms and conditions of Section III-10, _hereof.
2 5. Repair and pay all costs of any damage to the bikeway paving due
3 to DISTRICT authorized operations in the bikeway areas.
4 6. Pay all costs related to archeological investigations and mitiga-
5 tion measures.
6 7. Pay for channel fencing of the spillway area, along vertical
7 channel walls in the vicinity of Palm Canyon Drive Bridge, and all other places
8 where fencing is deemed necessary by DISTRICT for safety except along bikeways.
9 8. Construct for CITY all other necessary sewer relocations, in-
10 stallations and siphons not set forth in Section II-2, hereof, the cost of which
11 shall be paid in accordance with Section I-3, hereof.
12 SECTION III
13 It is further mutually agreed:
3.4 1. CITY shall grant fee title and temporary construction easements
M to DISTRICT, before the project is advertised for construction, of all CITY
16 owned property required for the project (excepting city streets now in use by
17 CITY) as shown on attached Exhibit "A".
18 2. CITY shall execute and deliver to DISTRICT a quitclaim deed con-
19 veying all of the CITY'S interest in the existing equestrian trail between
20 Sunrise Way and Palm Canyon Drive (State Highway 111) along the center of the
21 existing channel right of way. DISTRICT shall convey a new easement for the
22 equestrian trail shown on the plans between Sunrise Way and Palm Canyon Drive
23
(State Highway 111) to permit joint use of the equestrian trail by CITY and
24 DISTRICT. This easement shall be conveyed after completion of the project base
25 upon "as-built" plans in order to precisely determine the easement requirements.
26 3. DISTRICT shall issue to CITY a permit for equestrian trail use
27
westerly from Palm Canyon Drive (State Highway 111) to Sunny Dunes Road.
28 IJI
WES H.ANGELL
COUNTYCOUNSEL
AW LIBRARY BLOC, -�-
TASIOF CALIFORNIA
• i
1 4. DISTRICT shall assume responsibility and pay all costs for the
2 right of way engineering and negotiations for acquisition of the Sunrise Way
3 temporary detour for bridge construction as shown on Exhibit "B". CITY shall
4 reimburse the DISTRICT for the actual cost of this temporary right of way includ
5 ing severance damage, if any. DISTRICT shall provide an accounting and final
6 billing for these costs within ninety (90) days after acquisition of this right
7 of way, which the CITY shall pay within thirty (30) days after billing.
8 5. DISTRICT shall convey to CITY necessary rights as determined by
9 DISTRICT, to enable CITY to install and maintain a bikeway, landscaping and
10 irrigation facilities east of Palm Canyon Drive (State Highway 111) along
11 DISTRICT'S channel after completion of the project.
12 6. CITY shall maintain all landscaping and irrigation facilities
13 installed by DISTRICT as part of the project west of Palm Canyon Drive (State
14 Highway 111), and shall pay all costs therefor, it being provided, however, that
1-51 DISTRICT shall pay to CITY the cost of providing water and maintenance of such
16 landscaping during the plant establishment period of two (2) years from and
17 after the date of completion of the project, within thirty (30) days of receipt
18 by DISTRICT of an appropriate bill from CITY.
19 7. CITY shall have! an opportunity to review and approve plans for
20 any portion of the work to be paid for by CITY prior to DISTRICT advertising for
21 bids for the project and any change order affecting said work.
22 S. DISTRICT shall provide an accounting and final billing for all
23 CITY costs, based on actual costs, within 90 days after completion of the
24 project, and CITY shall pay any balance due within thirty (30) days thereafter.
25 Excess deposits, if any, shall be returned to CITY by DISTRICT within one hun-
26 dred twenty (120) days after completion of the project.
27 9. To accommodate desire of CITY to minimize fencing of the project
28 to only critical safety areas CITY agrees to bear full legal responsibility wit
TAMES H.ANGELL
COUNTY COUNSEL
LAW LIBRARY BLDG. 1O 8 7
IYERSIDE.CALIFORNIA -5-
10 a 8
1 respect .to elimination of perimeter fencing; to make no claims against the
2 DISTRICT and to save, defend, indemnify and hold harmless the DISTRICT, its
3 officers and employees, from any and all liabilities, claims, demands, debts,
4 suits, actions, and causes of action, of any kind, nature or sort whatever, in-
5 eluding wrongful death, and attorney's fees for the defense of any such action,
6 arising out of or in any manner connected with the recreational uses permitted
7 by CITY, with or without the permission of DISTRICT, or arising out of or in any
8 manner connected with the elimination, deletion or omission,of perimeter fencing
9 that DISTRICT would otherwise have installed on the flood control project, in
10 accordance with the regularly established design practices and policies of
11! DISTRICT.
12 10. The parties, acknowledging that DISTRICT may not have available
13 sufficient funding for completion of the entire project, including the said
14 facilities and amenities constructed for CITY, do hereby covenant and agree that
15! DISTRICT may, after consultation with CITY, delete front the construction con-
16 tract and defer the construction of, any or all portions of said facilities and
17 amenities, dependent upon DISTRICT'S determination of the availability of such
18 funding, it being specifically provided, however, that in any such event,
19 DISTRICT does hereby further covenant and agree to construct all of said facili-
20 ties and amenities to completion in accordance with said plans and specifica-
21 tions and the other terms and provisions hereof, at such time as funding
22 therefore shall become available.
23 11. The obligations and duties of DISTRICT hereunder are specificall
24 made conditional and contingent upon the approval by appropriate governmental
25 entities of the Environmental Impact Report for the project, for which approval
26 the parties do hereby acknowledge, an amendment to an existing agreement betwee
27
CITY and the State of California concerning use of CITY owned property, obtaine
28
IAMESH.ANGELL with federal funds, within the area of the project must be made, and accordingl ,
COUNTYCOUNSEL
LAW LIBRARY SLOG.
NVERSIOE,CALIFORNIA -6-
7. the parties hereto covenant and agree that each shall cooperate in obtaining
2 and providing necessary data and mitigation information and plans to permit the
3 State of California and CITY to obtain necessary federal approval to amend said
4 agreement, and to obtain necessary approval of said Environmental Impact Report.
5 If CITY is unable to amend said agreement or if DISTRICT is unable to obtain
6 approval of said Environmental Impact Report, all previously stated conditions
7 and covenants within this agreement shall be null and void and of no further
8 force and effect between the parties.
9 12. In the event of the occurrence of the nullity of the conditions
10 and covenants as hereinabove set forth, as provided in Section III-12. hereof,
11 DISTRICT shall construct for CITY, at DISTRICT'S expense the following
12 Facilities:
13 A. The Sunny Dunes Road storm drain from the intersection of
14 Sunny Dunes Road and Sunrise Way downstream to Tahquitz Creek.
B.. The Mesquite Avenue storm drain from its outlet in Tahquitz
16 Creek upstream to the intersection of Hermosa Drive and Mesquite
17 Avenue.
18 13. Each party, as to any claim or liability arising out of any act
19 or omission with reference to the -work to be performed pursuant to this agree-
20 ment, shall save, defend, indemnify and hold harmless the other party, its
21 officers and employees from all liability for death or injury to person or
22 damage to property or claim thereof.
23 Any and all notices sent or required to be sent to the parties to this
24 agreement will be mailed to the following addresses:
25, RIVERSIDE COUNTY FLOOD CONTROL CITY MANAGER
26 AND WATER CONSERVATION DISTRICT CITY OF PALM SPRINGS
Post Office Box 1033 Post Office Box 1786
27 Riverside, California 92502 Palm Springs, California 92262
28 10a9
JAMES H.ANGELL
COUNTYCODNSEL
LAW LIBRARYSLOG.
RIVERSIDE,CALWORNIA -7-
10 a 11
1 Dated: _ s; r 1
2 RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
BY
Chairman, Bda�r of upervisors
5 Attest:
Dona-id D. Sullivan, Clerk '
6 - - =
0S v �
7 Uepu Y -
8 CITY OF PALM SPRINGS
9
10, City Manager
11 RECOMMENDED FOR APPROVAL:
12
e J�DIj,1SUVjCH
13 'Kenneth Wars 0riax
Chief Engineer
14
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17
18
19
20 . • . �:u�,.v._ti
DAMES H. AikELL, County Counsel
21 i
E.P ��� :��98j "
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22
Deputy
23
24
25
26
FCA:nb 27
8 '13/81 28
JAM ES H.ANGELL
COUNTYCOUNSEL
LAW LIBRARY BLDG.
RIVERSIDE,CALIFORNIA _(f_
O
MINUTE ORDER NO. 2977
APPROVING AN AGREEMENT WITH THE RIVER-
SIDE COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT FOR CONSTRUCTION
BY THE DISTRICT OF CERTAIN FLOOD CONTROL
IMPROVEMENTS IN THE TAHQUITZ WASH.
I HEREBY CERTIFY that this Minute Order, approving an
agreement with the Riverside County Flood Control and
Water Conservation District for construction by the
District of certain flood control improvements in the
Tahquitz Wash, was adopted by the City of Palm Springs,
California, in a meeting thereof held on the 2nd day of
September, 1981 .
JUDITH SUMICH
City Clerk
10 b
WP 3260