HomeMy WebLinkAboutCity Council Agenda Item No. 18CITY OF
LADE L LSIIYOIZE
- -� ` DREAM EXTREME,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P EVANS
INTERIM CITY MANAGER
DATE: SEPTEMBER 25, 2012
SUBJECT: COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT AND CITY
OF LAKE ELSINORE
Recommendations
Staff recommends that the City Council authorize the Mayor and the Director of Public
Works to execute the Cooperative Agreement for the construction and maintenance of the
Arroyo Del Toro Channel, Stage 1 with Riverside County Flood Control and Water
Conservation District.
Background
Several years ago this area was affected by heavy rains and subsequent flooding. Due to
the volume of water conveyed through this area, significant erosion threatened private
property including the cemetery off of Collier Road. Since that time, Riverside County
Flood Control began work on a channel project whose purpose is to contain the storm
flows and convey them from the freeway to the wetlands area west of Collier and north of
Riverside Drive. To this end, the City of Lake Elsinore and Riverside County Flood Control
and Water Conservation District (RCFCWCD) desire to enter into a cooperative agreement
for the construction and maintenance of the storm drain system known as Arroyo Del Toro
Channel, Stage 1. This project generally begins adjacent to the Elsinore Valley Cemetery
at 1 -15 and extends west and outlets into Temescal Creek north west of the intersection of
Riverside Drive and Collier Avenue.
Discussion
To address the flooding in this area, RCFCWCD is proposing to construct a channel
approximately two- thirds of a mile long that extends from 1 -15 through the Cemetery
AGENDA ITEM NO. 18
Page I of 11
property, under Collier Avenue and draining into the wetlands north of Riverside Drive.
RCFCWCD has taken the lead on this project and all the processes including clearance of
the environmental document, design and administration. The agreement outlines the
City's participation in the form of a financial contribution of $461,572 towards construction
as identified in the City's Area Drainage Fee program. They will finance all costs related to
design, inspection, operation and maintenance for this project. Once the mainline is fully
constructed, RCFCWCD will assume responsibility for the operation and maintenance of
the storm drain system. The Arroyo Del Toro Channel will alleviate repetitive flooding that
has occurred several times over the years.
The City Attorney's office has reviewed the agreement and found it to be acceptable.
Fiscal Impact
The City will contribute $461,572.00 towards the construction of the project as identified in
the Area Drainage Fee Program. The improvements identified in this project come from
funds are available through the City's Master Drainage District program which collects fees
from development projects within the Drainage District. Funds have been deposited there
by developer contributions from developed properties within the Arroyo Del Toro district.
Prepared by: Dina Purvis
Engineering Technician
Approved by: Ken Seumalo gks
Director of Public Works
Approved by: Thomas Evans
Interim City Manage
Attachments: Cooperative Agreement for
Arroyo Del Toro Channel
Vicinity Map
Page 2 of 11
VICINITY MAP
ARROYO DEL TORO CHANNEL
COOPERATIVE AGREEMENT
CITY COUNCIL
SEPTEMBER 25, 2012
Page 3 of 11
j`
Page 4 of 11
WARREN D. WILLIAMS
General Manager -Chief En weer
RECENED ^ ^�
iTy CF .AKE ELF;
RIVERSIDE COUNTY FLOOD CONTROL
ENGINEEI�I`l� j :f +.,lD WATER CONSERVATION DISTRICT
August 29, 2012
Mr. Ken Seumalo
Director of Public Works
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Dear Mr. Seumalo:
1995 MARKET STREET
RIVERSIDE, CA 92501
951.955.1200
FAX 951.788.9965
www.rcflood.org
148781
Re: Arroyo Del Toro Channel, Stage I
Project No. 3 -0 -00170
Cooperative Agreement
Enclosed herewith for execution are four (4) original signature pages and one (1) informational copy of
the above referenced Agreement between the District and the City. Upon execution, please return all
four (4) original signature pages to this office for further processing. This Agreement is tentatively
scheduled to go to the Board of Supervisors on October 2, 2012 for approval. To meet the October 2,
2012 date, the District will need to have the signed documents returned by September 17, 2012.
A fully executed copy of the agreement will be returned for your files as soon as possible.
Thank you for your assistance. Please call Eric Russell at 951.955.1211 or me at 951.955.1282 if you
have any questions or require additional information.
Very truly yours,
Enclosures
ec: w/o enclosures
Kyle Gallup
Julianna Gonzalez
EWR:blj
TERESA TUNG
Engineering ProjeTinag2t r
Pa ge 5 of 11
Page 6 of 11
148762
1 COOPERATIVE AGREEMENT
ARROYO DEL TORO CHANNEL, STAGE 1
2 (Project No. 3 -0- 00170)
3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
4 DISTRICT, hereinafter called 'DISTRICT ", and the CITY OF LAKE ELSINORE, hereinafter
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called "CITY ", hereby agree as follows:
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RECITALS
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8 A. DISTRICT has planned and budgeted for the design and construction of Arroyo
9 Del Toro Channel, Stage 1, hereinafter called 'PROJECT ", as shown in concept on Exhibit "A"
10 attached hereto and made a part hereof. PROJECT is located in the vicinity of Riverside Drive
11 and Collier Avenue within the City of Lake Elsinore; and
12 B. PROJECT, as shown on DISTRICT Drawing No. 3 -0196, consists of
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constructing approximately 3,500 lineal feet of a storm drain system that is comprised of a
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15 combination of rectangular concrete channel, reinforced concrete box and earthen trapezoidal
1 6 channel along with associated inlets, catch basins and connector pipes; and
17 C. DISTRICT is willing to (i) prepare plans and specifications for PROJECT in
18 accordance with DISTRICT standards, (ii) advertise, award and administer a public works
19 construction contract for PROJECT, (iii) inspect the construction of PROJECT, and (iv) fund all
20 costs for the design, construction, inspection and the operation and maintenance of PROJECT as
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set forth herein; and
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23 D. Construction of PROJECT will benefit CITY by alleviating flooding of
24 surrounding flood prone properties and improve traffic safety and circulation during periods of
25 flooding to the extent that CITY is willing to contribute four hundred sixty -one thousand five
26 hundred seventy -two dollars ($461,572) toward the construction of PROJECT; and
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Page 7 of 11
148762
1 E. The purpose of this Agreement is to memorialize the understandings by and
2 amongst CITY and DISTRICT with respect to the funding, construction, inspection, owners'
3 operation and maintenance of PROJECT; and
4 F. It is in the best interest of the public to proceed with the construction of
5 PROJECT at the earliest possible date.
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NOW THEREFORE, the parties hereto mutually agree as follows:
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8 SECTION 1
9 DISTRICT shall:
10 1. Prepare, at its sole cost and expense, construction plans and specification
11 documents for PROJECT in accordance with DISTRICT standards.
12 2. Pursuant to the California Environmental Quality Act (CEQA), act as the Lead
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Agency and assume responsibility for the preparation, circulation; and adoption of all necessary
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15 and appropriate CEQA documents pertaining to the construction, operation and maintenance `
16 PROJECT.
17 3. Secure, at its sole cost and expense, all necessary environmental permits,
18 licenses, agreements, approvals, rights of way, rights of entry and temporary construction
19 easements as may be necessary for the construction, operation and maintenance of PROJECT
20 unless otherwise provided herein.
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4. Advertise, award and administer a public works contract for the construction of
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PROJECT.
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24 5. Provide CITY with written notice that DISTRICT has awarded a public works
25 construction contract for PROJECT. The written notice shall include the construction bid
26 amounts for PROJECT.
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Page 8 of 11
148762
1 6. Construct, or cause to be constructed, PROJECT pursuant to a public works
2 contract.
3 7. Inspect all aspects of PROJECT construction.
4 8. Upon issuance of a Notice to Proceed, invoice CITY for a lump sum amount of
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four hundred sixty -one thousand five hundred seventy -two dollars ($461,572), which represents
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CITY's contribution toward construction of PROJECT.
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8 9. Upon acceptance of PROJECT as being complete, accept ownership and
9 responsibility for the operation and maintenance of PROJECT.
10 10. Notify CITY upon DISTRICT'S acceptance of PROJECT as being complete.
I I SECTION II
12 CITY shall:
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14 1. Pay DISTRICT within thirty (30) days upon receipt of invoice from DISTRICT a
15 lump sum amount of four hundred sixty -one thousand five hundred seventy -two dollars
16 ($461,572) as CITY'S contribution for the cost of the construction of PROJECT.
17 SECTION III
18 It is further mutually agreed:
19 1. CITY personnel may observe and inspect all work being done on PROJECT but
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shall provide any comments to DISTRICT personnel who shall be responsible for all
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22 communications with DISTRICT construction contractor(s).
23 2. DISTRICT shall indemnify, defend, save and hold harmless CITY (including its
24 officers, elected and appointed officials, employees, agents, representatives, independent
25 contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action,
26 present or future, based upon, arising out of or in any way relating to DISTRICT (including its
27 officers, Board of Supervisors, elected and appointed ppointed officials, employees, agents,
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-3-
Page 9 of 11
148762
IN WITNESS WEHREOF, the parties hereto have executed this Agreement on
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(to be filled in by the Clerk of the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
By
WARREN D. WILLIAMS
General Manager -Chief Engineer
By
MARION ASHLEY, Chairman
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM:
PAMELA J. WALLS
County Counsel
By
NEAL R. KIPNIS
Deputy County Counsel
ATTEST:
KECIA HARPER -IHEM
Clerk of the Board
By
Deputy
(SEAL)
Cooperative Agreement: Arroyo Del Toro Channel, Stage 1
8/28/12
EWR:blJ
Page 10 of 11
ARROYO
DEL TORO CHANNEL
STAGE 1
PROJECT NO.
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LOCATION MAP
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Exhibit A
Cooperotive Agreement
Project No. 3 -0 -0170
Page 11 of I 1