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HomeMy WebLinkAbout1999 IID - Washington BridgeAGREEMENT BETWEEN THE CITY OF LA QUINTA AND IMPERIAL IRRIGATION DISTRICT FOR THE FUNDING AND CONSTRUCTION OF AN ELECTRICAL CONDUIT SYSTEM AS PART OF THE WASHINGTON STREET BRIDGE / LA QUINTA EVACUATION CHANNEL IMPROVEMENT PROJECT August , 1999 This Agreement is entered into on this day of 1999, by and between the Imperial Irrigation District, ("IID"), and the City of La Quinta, California ("CITY"). RECITALS A. CITY intends to construct a bridge and related infrastructure where Washington Street crosses the La Quinta Evacuation Channel ("PROJECT"); B. In order to facilitate the construction of the PROJECT and accommodate necessary relocation of certain utilities, including portions of IID's electrical transmission and distribution facilities affected by the PROJECT, IID has requested that CITY include in the PROJECT, construction of an electric conduit system ("IID FACILITIES"); C. CITY is willing to accommodate IID's request, subject to the terms and conditions hereinafter set forth. AGREEMENT In consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows: IID has provided CITY with plans and specifications for the construction of the IID FACILITIES, and CITY has made them a part of the PROJECT bid package. 2. IID has designated Thomas King, IID's General Superintendent, Power, (or his representative, identified in writing) to serve as IID's representative ("IID REPRESENTATIVE") for the PROJECT. All IID activities contemplated pursuant to this Agreement shall be under the direction, and subject to the approval of the IID REPRESENTATIVE. 3. CITY has received a bid from E. L. Yeager & Co. ("YEAGER") for construction of the PROJECT, including the IID FACILITIES, in which a separate price attributable to the IID FACILITIES, in the amount of twelve thousand fifty six dollars ($12,056.00) ("BID PRICE") is set forth. 4. CITY is considering the award of a contract to YEAGER for construction of the PROJECT, including the IID FACILITIES. If CITY makes the award and enters into a contract with YEAGER, and YEAGER and completes the IID FACILITIES in accordance with the IID's plans and specifications, IID will reimburse CITY in the amount of the BID PRICE, with approved change order adjustments, subject to the following terms and conditions: TERMS AND CONDITIONS a. Construction Compliance. In carrying out the construction of the PROJECT (including the IID FACILITIES), CITY, its officers, employees, agents, Page 1 of 4 contractors and subcontractors will comply with all applicable laws, regulations and ordinances, and shall use their reasonable best efforts, in conjunction with IID's inspection duties, herein below set forth, to assure that the IID FACILITIES are constructed in accordance with the plans and specifications submitted by IID. b. Change Orders. Change order requests affecting the IID FACILITIES shall be submitted to IID, in writing. The exact amount of the addition or deduction from the BID PRICE shall be included, and IID's written approval shall be obtained before such change orders are implemented. The cost of change orders approved by IID shall be borne by IID. C. Claims In Excess of BID PRICE: Dispute Resolution. IID shall not be responsible for amounts in excess of the BID PRICE, claimed by the CITY, PROJECT contractors or subcontractors, including but not limited to claims for PROJECT delays, which are unrelated to the work on IID FACILITIES, unless such claims have resulted from IID's requested changes, or errors or omissions contained in the plans and specifications provided by IID. Should a dispute arise between CITY and IID regarding such a claim, and the dispute is not resolved by mutual agreement within thirty (30) days of the claim's submission, it shall be submitted to an alternate dispute resolution process ("ADR") agreeable to both parties, or, if no agreement is achieved regarding an ADR process within five (5) days after a party has submitted an ADR proposal, then the dispute shall be submitted to binding arbitration pursuant to the rules of the American Arbitration Association. d. Payment by IID. Once a section of the IID FACILITIES has been inspected and accepted, IID shall pay for that portion of the system. A monthly billing cycle shall be acceptable to IID. IID shall pay applicable invoices within thirty (30) days of receipt. e. Time for Completion. The IID FACILITIES shall be completed and available for use by IID upon completion of the PROJECT. f. Rights -of -Way. CITY shall grant to IID any rights -of -way necessary for construction, inspection, maintenance and operation of the IID FACILITIES, within CITY rights -of -way; provided, however, that this provision is not intended to grant any rights to IID outside CITY's rights -of -way. Specifically, no rights are granted for facilities within Coachella Valley Water District right-of-way or private property. If construction of the IID FACILITIES require additional rights -of -way, their acquisition shall be the responsibility, and at the sole expense, of IID. g. Inspection and Maintenance. IID shall provide inspection of the IID FACILITIES during their construction at no expense to the CITY. This inspection shall be done on a daily basis if necessary as determined by the Page 2 of 4 City. IID, at its expense, shall provide maintenance of the IID FACILITIES once they are accepted by IID. h. Indemnification (1) IID shall defend, indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, claims, judgments or demands for property damage, bodily injury or death or any other element of damage of any kind or nature, arising directly out of the acts or omissions of IID, its officers, agents, employees or independent contractors, related to or arising from IID's activities, or performance of any of IID's obligations, pursuant to this Agreement. (2) CITY shall indemnify and hold IID, its officers, agents and employees free and harmless from any liability whatsoever based or asserted upon any actor omission of CITY, its officers, agents, employees and independent contractors of any kind or nature relating to or arising from the actions of CITY, its officers, agents and employees or independent contractors, related to or arising from IID's activities, or performance of any of IID's obligations, pursuant to this Agreement. No Assignment. Without the express written consent of the non -assigning party, a party shall not assign or transfer any right or benefits, nor shall such party permit another party to assume responsibility to perform any of the duties or obligations, created or imposed by this Agreement. Dated: /d 4 14; " , 1999 APPRQVEID AAS TO FORM: 1999 F IMPERIAL IRRIGATION DISTRICT ,se P. Silva neral Manager Page 3 of 4 Dated:- , 1999 CITY OF LA QUINTA B� / Ti le APPROVAL BY CITY COUNCIL Dated:. / ... lem Page 4 of 4