2014/09/09 Riverside County Flood Control and Water Conservation District Romoland Master Drainage Plain Line A, Stage 3162607
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COOPERATIVE AGREEMENT
Romoland Master Drainage Plan Line A, Stage 3
Project No. 4-0-00310
The Riverside County Flood Control and Water Conservation District,
5 hereinafter called "DISTRICT", the City of Menifee, hereinafter called "MENIFEE", the City of
6 Perris, hereinafter called "PERRIS" and Eastern Municipal Water District, hereinafter called
7 "EMWD", hereby agree as follows:
8 RECITALS
9 A. DISTRICT has budgeted for and plans to construct Romoland Master
10 Drainage Plan (MDP) Line A, Stage 3, as shown on District Drawing No. 4-0856 to provide
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12 necessary flood control and drainage improvements for certain areas within portions of the cities
13 of Menifee and Perris; and
14 B. Romoland MDP Line A, Stage 3 consists of (i) approximately 10,100 lineal
15 feet of interim unlined trapezoidal channel, as shown in concept in blue on Exhibit "A", attached
16 hereto and made a part hereof, and hereinafter called "UNLINED CHANNEL", (ii)
17 approximately 330 lineal feet of rock -lined trapezoidal channel, as shown in concept in red on
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19 Exhibit "A" and hereinafter called "ROCK -LINED CHANNEL", and (iii) approximately 290
20 lineal feet of concrete lined trapezoidal channel, as shown in concept in green on Exhibit "A"
21 and hereinafter called "CONCRETE LINED CHANNEL". Together, UNLINED CHANNEL,
22 ROCK -LINED CHANNEL and CONCRETE LINED CHANNEL are hereinafter called
23 "DISTRICT DRAINAGE FACILITIES"; and
24 C. Associated with the construction of DISTRICT DRAINAGE FACILITIES
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26 is the construction of i) approximately 130 lineal feet of I PH by 14'W four -cell reinforced
27 concrete box crossing at Murrieta Road, as shown in concept in green on Exhibit "B", attached
28 hereto and made a part hereof, and hereinafter called "MURRIETA CROSSING", ii)
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1 1�pproximatejy 440 lineal feet of I PH by 14'W four -cell reinforced concrete box crossing at
2 J�,thanac Road, as shown in concept in red on Exhibit "B" and hereinafter called "ETHANAC
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ROSSING", (iii) approximately 110 lineal feet of 10'H by 14'W four -cell reinforced concrete
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5 tossing at Barnett Road, as shown in concept in blue on Exhibit "B" and hereinafter called
6 "BARNETT CROSSING", and (iv) approximately 60 lineal feet of 10.75'H by 12'W four -cell
7 einforced concrete box crossing at Encanto Drive, as shown in concept in orange on Exhibit
8 "B" and hereinafter called "ENCANTO CROSSING". Together, MURRIETA CROSSING,
9 ETHANAC CROSSING, BARNETT CROSSING and ENCANTO CROSSING are hereinafter
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called "CROSSINGS"; and
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12 D. MURRIETA CROSSING and ENCANTO CROSSING are located entirely
13 within the jurisdictional boundaries of PERRIS. ETHANAC CROSSING and BARNETT
14 CROSSING are located within the jurisdictional boundaries of PERRIS and MENIFEE; and
15 E. MURRIETA CROSSING, ENCANTO CROSSING and those portions of
16 ETHANAC CROSSING and BARNETT CROSSING that are located within the jurisdictional
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boundaries of PERRIS, as shown in concept in blue on Exhibit "C", attached hereto and made a
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19 part hereof, are hereinafter called "PERRIS CROSSINGS". Those portions of ETHANAC
20 CROSSING and BARNETT CROSSING that are located within the jurisdictional boundaries
21 of MENIFEE as shown in concept in red on Exhibit "C", are hereinafter called "MENIFEE
22 CROSSINGS"; and
23 F. EMWD owns, operates and maintains a 33-inch diameter waterline and a
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27-inch diameter waterline that are located along Murrieta Road and Ethanac Road,
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26 respectively, and are hereinafter together called "EMWD FACILITIES". DISTRICT has
27 determined that portions of EMWD FACILITIES interfere with the proposed DISTRICT
28 DRAINAGE FACILITIES; therefore, the interfering portions of EMWD FACILITIES must be
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1 relocated. The interfering portions of EMWD FACILITIES that must be relocated are
2 hereinafter called "EMWD FACILITIES RELOCATION"; and
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G. Together, DISTRICT DRAINAGE FACILITIES, CROSSINGS, and
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5 EMWD FACILITIES RELOCATION are hereinafter altogether called "PROJECT"; and
6 H. DISTRICT has also budgeted for and caused to be prepared the necessary
7 plans and specifications for EMWD FACILITIES RELOCATION, hereinafter called
8 "RELOCATION PLANS"; and
9 I. DISTRICT desires EMWD to accept ownership and responsibility for the
10 operation and maintenance of EMWD FACILITIES RELOCATION upon completion of
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12 construction. Therefore, EMWD must review and approve DISTRICT'S plans and
13 specifications for EMWD FACILITIES RELOCATION and subsequently inspect and approve
14 the relocation construction; and
15 J. DISTRICT also desires PERRIS to accept ownership and responsibility for
16 the operation and maintenance of the structural integrity of PERRIS CROSSINGS upon
17 completion of construction. Therefore, PERRIS must review and approve DISTRICT'S plans
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19 and specifications for PERRIS CROSSINGS and subsequently inspect and approve its
20 construction; and
21 K. DISTRICT also desires MENIFEE to accept ownership and responsibility
22 for the operation and maintenance of the structural integrity of MENIFEE CROSSINGS upon
23 completion of construction. Therefore, MENIFEE must review and approved DISTRICT'S
24 plans and specifications for MENIFEE CROSSINGS and subsequently inspect and approve its
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construction; and
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27 L. DISTRICT is willing to (i) provide EMWD an opportunity to review and
28 approve RELOCATION PLANS prior to DISTRICT'S final approval thereof and advertising
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E for PROJECT construction bids, (ii) provide PERRIS and MENIFEE an opportunity to review
and approve their respective portions of plans and specifications for CROSSINGS prior to
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DISTRICT advertising for PROJECT construction bids, (iii) assume ownership and sole
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responsibility for the operation and maintenance of DISTRICT DRAINAGE FACILITIES upon
completion of PROJECT construction, and (iv) accept responsibility for keeping CROSSINGS
free and clear of sediment and debris, provided PERRIS (i) complies with this Agreement, and
(ii) assumes ownership and sole responsibility for the operation and maintenance of the
structural integrity of PERRIS CROSSINGS upon completion of construction, MENIFEE (i)
complies with this Agreement, and (ii) assumes ownership and sole responsibility for the
operation and maintenance of the structural integrity of MENIFEE CROSSINGS, and EMWD
(i) complies with this Agreement, and (ii) assumes ownership and sole responsibility for the
operation and maintenance of EMWD FACILITIES RELOCATION upon completion of
construction; and
M. DISTRICT is also willing to make payment to EMWD as follows:
(i) An amount not to exceed three thousand dollars ($3,000) to cover
EMWD'S actual costs associated with the review of RELOCATION PLANS, hereinafter called
the "PLAN REVIEW COST"; and
(ii) One hundred percent (100%) of EMWD'S actual cost for construction
inspection of EMWD FACILITIES RELOCATION in accordance with DISTRICT and EMWD
approved RELOCATION PLANS, hereinafter called "INSPECTION PAYMENT".
DISTRICT'S INSPECTION PAYMENT shall not exceed a total sum of seventeen thousand
collars ($17,000). In addition, DISTRICT'S total payment to EMWD under this Agreement
,hall not exceed a total sum of twenty thousand dollars ($20,000); and
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1 N. It is in the best interest of the public to proceed with the construction of
2 PROJECT at the earliest possible date; and
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4 O. The purpose of this Agreement is to memorialize the mutual understandings
5 by and between DISTRICT, MENIFEE, PERRIS and EMWD with respect to design,
6 construction, ownership, operation and maintenance of PROJECT, and the payment of
7 DISTRICT'S PLAN REVIEW COST and INSPECTION PAYMENT to EMWD.
8 NOW, THEREFORE, in consideration of the preceding recitals and the mutual
9 covenants hereinafter contained, the parties hereto mutually agree as follows:
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SECTION I
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DISTRICT shall:
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13 1. Pursuant to the California Environmental Quality Act (CEQA), act as the
14 Lead Agency and assume responsibility for the preparation, circulation, and adoption of all
15 necessary and appropriate CEQA documents pertaining to the construction, operation and
16 maintenance of PROJECT.
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2. Prepare, or cause to be prepared, plans and specifications for DISTRICT
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19 DRAINAGE FACILITIES and CROSSINGS, hereinafter called "IMPROVEMENT PLANS",
20 including separate RELOCATION PLANS, in accordance with applicable DISTRICT,
21 MENIFEE, PERRIS, and EMWD standards.
22 3. Obtain all necessary rights of way, rights of entry and temporary
23 construction easements necessary to construct, inspect, operate and maintain PROJECT.
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4. Secure, at its sole cost and expense, all necessary permits, approvals,
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26 licenses or agreements required by any federal or state resource or regulatory agencies
27 pertaining to the construction, operation and maintenance of PROJECT.
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5. Prior to advertising PROJECT for public works construction contract bids,
2 submit (i) IMPROVEMENT PLANS to MENIFEE and PERRIS for their review and approval,
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4 as appropriate, and (ii) RELOCATION PLANS to EMWD for its review and approval.
5 6. Advertise, award and administer a public works construction contract for
6 PROJECT at its sole cost and expense.
7 7. Provide MENIFEE, PERRIS and EMWD with written notice that
8 DISTRICT has awarded a construction contract for PROJECT.
9 8. Within thirty (30) days after the execution of this Agreement, pay EMWD
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(i) three thousand dollars ($3,000) for PLAN REVIEW COST, and (ii) an initial deposit of ten
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12 thousand dollars ($10,000) for construction inspection of EMWD FACILITIES RELOCATION.
13 9. Prior to commencing PROJECT construction, schedule and conduct a pre-
14 construction meeting between DISTRICT, MENIFEE, PERRIS, EMWD and other affected
15 entities. DISTRICT shall notify MENIFEE, PERRIS, and EMWD at least twenty (20) days
16 prior to conducting the pre -construction meeting.
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10. Furnish MENIFEE, PERRIS and EMWD, at the time of providing written
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19 notice for the pre- construction meeting as set forth in Section I.9., with a construction schedule
20 which shall show the order and dates in which DISTRICT or DISTRICT'S contractor proposes
21 to carry out on EMWD FACILITIES RELOCATION, CROSSINGS and various parts of work,
22 including estimated start and completion dates.
23 11. Not permit any change to, or modification of, the DISTRICT and EMWD
24 approved RELOCATION PLANS without the prior written permission and consent of EMWD.
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26 12. Pursuant to a DISTRICT administered public works construction contract,
27 construct, or cause to be constructed, PROJECT in accordance with DISTRICT, MENIFEE and
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1 PERRIS approved IMPROVEMENT PLANS and DISTRICT and EMWD approved
2 RELOCATION PLANS, and pay all costs associated therewith.
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13. Inspect, or cause to be inspected, construction of PROJECT.
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5 14. Require its construction contractor(s) to comply with all Cal/OSHA safety
6 regulations including regulations concerning confined space and maintain a safe working
7 environment for all DISTRICT, MENIFEE, PERRIS and EMWD employees on the site.
111 15. Require its prime construction contractor(s) to include MENIFEE, PERRIS,
9 and EMWD as additional insureds under the liability insurance coverage for PROJECT, and
10 also require its construction contractor(s) to include (i) EMWD as a third party beneficiary of
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any and all warranties of the contractor's work with regard to RELOCATION PLANS, (ii)
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13 PERRIS as a third party beneficiary of any and all warranties of the contractor's work with
14 11regard to PERRIS CROSSINGS, and (iii) MENIFEE as a third party beneficiary of any and all
1511warranties of the contractor's work with regard to MENIFEE CROSSINGS.
1611 16. Within two (2) weeks of completing PROJECT construction, provide
17 MENIFEE, PERRIS and EMWD with written notice that PROJECT construction is
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19 substantially complete and requesting that (i) MENIFEE conduct a final inspection of
20 ,,MENIFEE CROSSINGS and subsequently assume ownership and responsibility for operation
21 l+and maintenance of the structural integrity of MENIFEE CROSSINGS, (ii) PERRIS conduct a
2211final inspection of PERRIS CROSSINGS and subsequently assume ownership and
23 11 responsibility for operation and maintenance of the structural integrity of PERRIS
24 CROSSINGS, and (iii) EMWD conduct a final inspection of EMWD FACILITIES
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RELOCATION and subsequently accept EMWD FACILITIES RELOCATION as operational.
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27 17. Pay EMWD within thirty (30) days after receipt of EMWD'S appropriate
28 invoice for the final payment of INSPECTION PAYMENT as set forth in Section IV.11.
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1 .provided DISTRICT'S total INSPECTION PAYMENT shall not exceed seventeen thousand
2 dollars ($17,000).
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4 18. Upon DISTRICT'S acceptance of PROJECT construction as complete,
5 provide MENIFEE, PERRIS and EMWD with a copy of DISTRICT'S Notice of Completion.
6 19. Upon DISTRICT'S acceptance of PROJECT construction as complete,
7 provide (i) MENIFEE with a reproducible copy of "record drawings" for MENIFEE
8 CROSSINGS plans, (ii) PERRIS with a reproducible copy of "record drawings" for PERRIS
9 CROSSINGS plans, and (iii) EMWD with a reproducible copy of "record drawings" for EMWD
10 FACILITIES RELOCATION plans.
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12 20. Ensure that all work performed pursuant to this Agreement by DISTRICT,
13 its agents or contractors is done in accordance with all applicable laws and regulations,
14 including but not limited to all applicable provisions of the Labor Code, Business and
15 Professions Code, and Water Code. DISTRICT shall be solely responsible for all costs
16 associated with compliance with applicable laws and regulations.
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SECTION II
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MENIFEE shall:
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20 1 • Act as a Responsible Agency under CEQA, taking all necessary and
21 appropriate action to comply with CEQA.
22 2. Review and approve IMPROVEMENT PLANS prior to DISTRICT'S
23 advertising of PROJECT for construction bids.
24 3. Grant DISTRICT, by execution of this Agreement, all rights necessary to
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construct PROJECT and to subsequently operate and maintain DISTRICT DRAINAGE
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27 FACILITIES within MENIFEE rights of way or easements.
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1 4. Order the relocation of all utilities installed by permit or franchise within
2 MENIFEE rights of way which conflict with the construction of PROJECT and which must be
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relocated at the utility owner's expense.
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5 5. Issue, at no cost to DISTRICT or DISTRICT'S contractor(s), the necessary
6 encroachment permit to construct PROJECT within MENIFEE rights of way.
7 6. Inspect MENIFEE CROSSINGS construction at its sole cost, and provide
8 any comments to DISTRICT personnel who shall be solely responsible for all quality control
9 communications with DISTRICT'S contractor(s) during the construction of PROJECT.
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7. Upon receipt of DISTRICT'S written notice that PROJECT construction is
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12 substantially complete as set forth in Section I.16, conduct a final inspection of MENIFEE
13 CROSSINGS.
14 8. Accept ownership and sole responsibility for the operation and maintenance
15 of the structural integrity of MENIFEE CROSSINGS upon (i) receipt of DISTRICT'S written
16 Notice of Completion as set forth in Section I.18, and (ii) receipt of a reproducible copy of
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"record drawings" for MENIFEE CROSSINGS plans as set forth in Section I.19.
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19 SECTION III
20 PERRIS shall:
21 1. Act as a Responsible Agency under CEQA, taking all necessary and
22 appropriate action to comply with CEQA.
23 2. Review and approve IMPROVEMENT PLANS prior to DISTRICT'S
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advertising of PROJECT for construction bids.
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26 3. Grant DISTRICT, by execution of this Agreement, all rights necessary to
27 construct PROJECT and to subsequently operate and maintain DISTRICT DRAINAGE
28 FACILITIES within PERRIS rights of way or easements.
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4. Order the relocation of all utilities installed by permit or franchise within
2 PERRIS rights of way which conflict with the construction of PROJECT and which must be
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relocated at the utility owner's expense.
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5 5. Issue, at no cost to DISTRICT or DISTRICT'S contractor(s), the necessary
6 encroachniem permit to construct PROJECT within PERRIS rights of way.
7 6. Inspect PERRIS CROSSINGS construction at its sole cost, and provide any
8 comments to DISTRICT personnel who shall be solely responsible for all quality control
9 communications with DISTRICT'S contractor(s) during the construction of PROJECT.
10 7. Upon receipt of DISTRICT'S written notice that PROJECT construction is
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12 substantially complete as set forth in Section I.16, conduct a final inspection of PERRIS
13 CROSSINGS,
14 8. Accept ownership and sole responsibility for the operation and maintenance
15 of the structural integrity of PERRIS CROSSINGS upon (i) receipt of DISTRICT'S written
16 Notice of Completion as set forth in Section I.18, and (ii) receipt of a reproducible copy of
17 "record drawings" of PERRIS CROSSINGS plans as set forth in Section I.19.
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SECTION IV
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20 EMWD shall:
21 1. Act as a Responsible Agency under CEQA, taking all necessary and
22 appropriate action to comply with CEQA.
23 2. Review and approve RELOCATION PLANS prior to DISTRICT'S
24 advertising of PROJECT for construction bids.
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3. Prior to commencing construction on EMWD FACILITIES
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27 RELOCATION, schedule and conduct a separate pre -construction meeting between EMWD,
28 the contractor, DISTRICT, MENIFEE and PERRIS. EMWD shall notify DISTRICT,
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1 MENIFEE, and PERRIS at least twenty (20) days prior to conducting the pre -construction
2 meeting.
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4 4. [THIS SECTION INTENTIONALLY LEFT BLANK]
5 5. Grant DISTRICT, by execution of this Agreement, all rights necessary to
6 (i) construct PROJECT, (ii) subsequently operate and maintain DISTRICT DRAINAGE
7 FACILITIES, and (iii) keep CROSSINGS free and clear of sediment and debris within EMWD
8 rights of way or easements.
9 6. Grant MENIFEE and PERRIS, by execution of this Agreement, all rights
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necessary to operate MENIFEE CROSSINGS and PERRIS CROSSINGS, respectively, and to
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12 maintain their respective structural integrity within EMWD rights of way or easements.
13 7. Inspect the construction of EMWD FACILITIES RELOCATION and
14 communicate all comments or concerns to DISTRICT personnel who shall be solely responsible
15 for all quality control communications with DISTRICT'S contractor(s) during the construction
16 of PROJECT.
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8. Keep an accurate accounting of EMWD'S actual costs associated with the
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construction inspection for the EMWD FACILITIES RELOCATION and provide DISTRICT
20 with a final accounting of construction inspection costs upon EMWD'S determination that
21 EMWD FACILITIES RELOCATION is satisfactorily completed as set forth in Section IV. 10.
22 9. Upon receipt of DISTRICT'S written notice that the PROJECT construction
23 is substantially complete, conduct a final inspection of EMWD FACILITIES RELOCATION as
24 set forth in Section 1.16.
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10. Upon its determination that the EMWD FACILITIES RELOCATION is
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27 satisfactorily completed, provide DISTRICT with a final accounting of construction inspection
28 costs as set forth in Section IV.8. and a written Notice of Final Acceptance and, thereupon,
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1 assume sole responsibility for ownership, operation and maintenance of the relocated EMWD
2 FACILITIES.
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4 11. If the final accounting of EMWD'S actual costs associated with the
5 construction inspection for the EMWD FACILITIES RELOCATION is greater than the
6 DISTRICT'S initial deposit as set forth in Section I.8.(ii), submit an invoice to DISTRICT
7 (Attn: Chief of Design and Construction Division) for the difference up to a total maximum
8 amount of seventeen thousand dollars ($17,000) for INSPECTION PAYMENT.
9 12. If the final accounting of EMWD'S actual costs associated with the
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construction inspection for the EMWD FACILITIES RELOCATION is less than the
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12 DISTRICT'S initial deposit as set forth in Section I.8.(ii), refund to DISTRICT, within thirty
13 (30) days of EMWD'S acceptance of sole ownership and responsibility for the operation and
14 maintenance of the relocated EMWD FACILITIES as set forth in Section IV.10., any
15 unexpended portions of INSPECTION PAYMENT.
16 SECTION V
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It is further mutually agreed:
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1. 19 EMWD FACILITIES shall, at all times, remain sole ownership and
20 exclusive responsibility of EMWD. Nothing herein shall be construed as creating any
21 obligation or responsibility on the part of DISTRICT to operate, maintain or warranty EMWD
22 FACILITIES.
23 2. Except as otherwise provided herein, all construction work involved with
24 PROJECT shall be inspected by DISTRICT, and shall not be deemed complete until approved
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and accepted as complete by DISTRICT.
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1 3. Except as otherwise provided herein, DISTRICT shall not be responsible
2 for any additional street repairs or improvements not shown in IMPROVEMENT PLANS and
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not as a result of PROJECT construction.
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5 4. DISTRICT shall pay EMWD for reasonable time expended to (i) review
6 and approve RELOCATION PLANS, and (ii) inspect the construction of EMWD FACILITIES
7 RELOCATION. The total amount paid to EMWD under this Agreement shall not exceed the
8 sum of twenty thousand dollars ($20,000).
9 5. DISTRICT shall indemnify, defend, save and hold harmless MENIFEE,
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PERRIS and EMWD (including their respective officers, districts, special districts and
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12 departments, their respective directors, officers, Board of Supervisors, elected and appointed
13 officials, employees, agents, representatives, independent contractors and subcontractors) from
14 any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of
15 or in any way relating to DISTRICT (including its officers, Board of Supervisors, elected and
16 appointed officials, employees, agents, representatives, independent contractors and
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subcontractors) actual or alleged acts or omissions related to this Agreement, performance under
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19 this Agreement, or failure to comply with the requirements of this Agreement, including but not
20 limited to (a) property damage; (b) bodily injury or death; (c) payment of attorney's fees; or (d)
21 any other element of any kind or nature whatsoever.
22 MENIFEE shall indemnify, defend, save and hold harmless DISTRICT, County
23 of Riverside, PERRIS and EMWD (including their respective officers, districts, special districts
24 and departments, their respective directors, officers, Board of Supervisors, elected and
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26 appointed officials, employees, agents, representatives, independent contractors and
27 subcontractors) from any liabilities, claim, damage, proceeding or action, present or future,
28 based upon, arising out of or.in any way relating to MENIFEE (including its officers, Board of
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I upervisors, elected and appointed officials, employees, agents, representatives, independent
2 ontractors and subcontractors) actual or alleged acts or omissions related to this Agreement,
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Performance under this Agreement, or failure to comply with the requirements of this
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5 Agreement, including but not limited to (a) property damage; (b) bodily injury or death; (c)
6 ayment of attorney's fees; or (d) any other element of any kind or nature whatsoever.
711 PERRIS shall indemnify, defend, save and hold harmless DISTRICT, County of
8 iverside, MENIFEE and EMWD (including their respective officers, districts, special districts
9 nd departments, their respective directors, officers, Board of Supervisors, elected and
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ppointed officials, employees, agents, representatives, independent contractors and
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ubcontractors) from any liabilities, claim, damage, proceeding or action, present or future,
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13 ased upon, arising out of or in any way relating to PERRIS (including its officers, Board of
14 Supervisors, elected and appointed officials, employees, agents, representatives, independent
15 ontractors and subcontractors) actual or alleged acts or omissions related to this Agreement,
16 11 erformance under this Agreement, or failure to comply with the requirements of this
17 Agreement, including but not limited to (a) property damage; (b) bodily injury or death; (c)
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19 payment of attorney's fees; or (d) any other element of any kind or nature whatsoever.
20 EMWD shall indemnify, defend, save and hold harmless DISTRICT, County of
21 Riverside, MENIFEE and PERRIS (including their respective officers, districts, special districts
22 and departments, their respective directors, officers, Board of Supervisors, elected and
23 appointed officials, employees, agents, representatives, independent contractors and
24 subcontractors) from any liabilities, claim, damage, proceeding or action, present or future,
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based upon, arising out of or in any way relating to EMWD (including its officers, Board of
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27 Supervisors, elected and appointed officials, employees, agents, representatives, independent
28 contractors and subcontractors) actual or alleged acts or omissions related to this Agreement,
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1 performance under this Agreement, or failure to comply with the requirements of this
2 Agreement, including but not limited to (a) property damage; (b) bodily injury or death; (c)
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payment of attorney's fees; or (d) any other element of any kind or nature whatsoever.
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5 This section shall survive any termination of this Agreement.
6 6. In the event of any arbitration, action or suit brought by DISTRICT,
7 MENIFEE, PERRIS or EMWD against the other party by reason of any breach on the part of
8 the other party of any of the covenants and agreements set forth in this Agreement, or any other
9 dispute between the DISTRICT, MENIFEE, PERRIS or EMWD concerning this Agreement,
10 the prevailing party in any such action or dispute, by a final judgment or arbitration award, shall
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12 The entitled to have and recover from the other party all costs and expenses or claims, including
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not limited to, attorney's fees and expert witness fees. This section shall survive any
II termination of this Agreement.
7. This Agreement is made and entered into for the sole protection and benefit
Iof the parties hereto. No other person or entity shall have any right or action based upon the
I provisions of this Agreement.
8. The parties hereto each pledge to cooperate in regard to the operation and
maintenance of their respective facilities as set forth herein and to discharge their respective
maintenance responsibilities in an expeditious fashion so as to avoid the creation of any
nuisance condition or undue maintenance impact upon the others' facilities.
9. Any and all notices sent or required to be sent to the parties of this
Agreement will be mailed by first class mail, postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Engineering Services Section
CITY OF MENIFEE
29714 Haun Road
Menifee, CA 92586
Attn: Jonathan Smith, Director of
Public Works/Engineering
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1 CI"I'Y OF PERRIS EASTERN MUNICIPAL
101 North D Street WATER DISTRICT
2 Perris, CA 92570 2270 Trumble Road
Attn: Habib Motlagh, City Engineer Perris, CA 92570
3 Attn: Armando Arroyo, Project
Engineer
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5 10. If any provision in this Agreement is held by a court of competent
6 urisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless
7 continue in full force without being impaired or invalidated in any way.
8 11. This Agreement is to be construed in accordance with the laws of the State
9 of California.
10 12. The parties hereto shall not assign this Agreement without the written
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consent of the other parties.
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13 13. Any action at law or in equity brought by any of the parties hereto for the
14 purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of
15 competent jurisdiction in the County of Riverside, State of California, and the parties hereto
16 waive all provisions of law providing for a change of venue in such proceedings to any other
17 county.
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14. This Agreement is the result of negotiations between the parties hereto and
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20 the advice and assistance of their respective counsel. The fact that this Agreement was prepared
21 as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty
22 or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT
23 prepared this Agreement in its final form.
24 15. Any waiver by DISTRICT, MENIFEE, PERRIS or EMWD or any breach
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by any other party of any provision of this Agreement shall not be construed to be a waiver of
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any subsequent or other breach of the same or any other provision hereof. Failure on the part of
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28 DISTRICT, MENIFEE, PERRIS or EMWD to require from any other party exact, full and
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1 c0111plete compliance with any of the provisions of this Agreement shall not be construed as in
2 any manner changing the terms hereof, or estopping DISTRICT, MENIFEE, PERRIS or
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I-11 MWD from enforcing this Agreement.
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5 16. This Agreement is intended by the parties hereto as a final expression of
6 tllcir understanding with respect to the subject matter hereof and as a complete and exclusive
7 statement of the terms and conditions thereof and supersedes any and all prior and
8 contemporaneous agreements and understandings, oral and written, in connection therewith.
9 This Agreement may be changed or modified only upon the written consent of the parties
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1lerclo.
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12 17. This Agreement may be executed and delivered in any number of
13 counterparts or copies, hereinafter called "COUNTERPART", by the parties hereto. When each
14 ply has signed and delivered at least one COUNTERPART to the other parties hereto, each
15 COUNTERPART shall be deemed an original and, taken together, shall constitute one and the
16 same Agreement, which shall be binding and effective as to the parties hereto.
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-17-
162607
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
.SEP 0 9 2014
3 (to be filled in by Clerk of the Board)
4
RECOMMENDED FOR APPROVALel3y/
VERSIDE COUNTY FLOOD CONTROL
5 i D WATER CONSERVATION DISTRICT
6 _&9
B �^
7 WARREN D. WILLIAMS MARION ASHLEY, Chairman
8 General Manager -Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
9
A!'l'1�OVED AS TO FORM: ATTEST:
10
PAMELA J. WALLS KECIA HARPER-IHEM
11 County Counsel Clerk of the Board
12
ld(iu 13 By By A,_'
EAL R. KIP Dcputy
14 Deputy County Counsel
15 (SEAL)
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25 Cooperative Agreement: Cities of Menifee and Perris, EMWD
26 Romoland MDP Line A, Stage 3
Project No. 4-0-00310
27 07/17/14
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-18-
162607
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ECOMMENDED FOR APPROVAL:
r
r
Y
NATHAN M1T14
ublic Works Director/Engineer
APPROVED AS TO FORM:
By - P
JU WARD-BIGGS
City Attorney
CITY OF M F z E
By
SCOTT MANN
Mayor
ATTEST:
BY -L
KATHY BENNETT
City Clerk
(SEAL)
Cooperative Agreement: Cities of Menifee and Perris, EMWD
Romoland MDP Line A, Stage 3
Project No. 4-0-00310
07/17/14
TT:AMR:blj
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162607
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PPROVED AS TO FORM:
Y ���A2,
ERIC DUNN
City Attorney
CITY OF PERRIS
By
RlC ARD BELMUDE
City Manager
ATTEST:
By . y-AN Y ALf��(,,/
w r
(SEAL)
Cooperative Agreement: Cities of Menifee and Perris, EMWD
[tomoland MDP Line A, Stage 3
Project No. 4-0-00310
37/17/14
TT:AMR:blj
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162607
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EASTERN MUNICIPAL WATER DISTRICT
By
PAUL DJONES II
GeneraManager
ATTEST:
By
I'mv-
ROSEMARIE V. HOWARD
Secretary
(SEAL)
Cooperative Agreement: Cities of Menifee and Perris, EMWD
Romoland MDP Line A, Stage 3
Project No. 4-0-00310
07A 7/14
TT:AMR:blj
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Romoland Master Drainage Plan Line A, Stage 3
Project No. 4-0-00310
Page 1 of 1
Exhibit B
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COOPERATIVE AGREEMENT
Romoland Master Drainage Plan Line A, Stage 3
Project No. 4-0-00310
Page 1 of 1
Exhibit C
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CGGPERATIVE AGREEMENT
Romoland Master Drainage Plan Line A, Stage 3
Project No. 4-0-00310
Page 1 of 1