CVWD - Reimburse. Agr - Villas at LQ Pipeline 08REIMBURSEMENT AGREEMENT
FOR THE
ABANDONMENT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE
WITHIN THE
VILLAS OF LA QUINTA
between
THE CITY OF LA QUINTA,
a California municipal corporation and charter city
ITM
THE COACHELLA VALLEY WATER DISTRICT,
a California public agency
[Dated as of , % 3 2008 for reference purposes only]
CITY OF LA QUINTA
REIMBURSEMENT AGREEMENT WITH
COACHELLA VALLEY WATER DISTRICT
FOR THE
ABANDONMENT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE
WITHIN THE
VILLAS OF LA QUINTA
This reimbursement Agreement for the Abandonment, Replacement and
Relocation of a 6" Water Pipeline within the Villas of La Quinta (the "Agreement") is
entered into this AW day of A pr.Ll' L 2008 ("Effective Date"), by and between the
City of La Quinta, a municipal corporation and charter city in the State of California (the
"City"), and the Coachella Valley Water District, a California public agency (the
"District"). The City and the District are at times hereinafter referred to individually as
the "Party", and collectively as the "Parties".
RECITALS.
A. The City is the owner of certain interests in the right of way commonly
known as Washington Street, in the City of La Quinta, California. A portion of this right
of way (the "Property") is adjacent to The Villas of La Quinta (the "Development").
The Development has common area that is owned, operated and maintained by a
Homeowners Association ("HOA"). The Property is generally depicted in Exhibit "A",
attached hereto and incorporated herein by reference.
B. The City is planning to construct a perimeter wall (the "Perimeter Wall
Project") along the frontage of the Development along Washington Street, upon the
Property, for the purpose of diffusing sound emanating from Washington Street into the
Development, consistent with the City's General Plan.
C. The District owns and operates a water distribution system which includes
a 6" water pipeline (the "Water Pipeline") which runs under, within or
contiguously with the Perimeter Wall Project site (the "Perimeter Wall Project
Site") as generally depicted on Exhibit `B", attached hereto and incorporated
herein by this reference.
D. The District acknowledges (i) that the existing Water Pipeline must be
abandoned, replaced and relocated ("Water Pipeline Project") as a result of the City's
Perimeter Wall Improvement Project.
E. The Water Pipeline Project shall include, the abandonment of the existing
6' water pipeline and installation of a new 8" water pipeline installed in the location
shown on Exhibit B. All wall, landscaping and street improvements are considered part
of the Perimeter Wall Project.
F. The District and the City have agreed that: (i) the City shall construct and
complete the Water Pipeline Project in conjunction with the Perimeter Wall Project, and
(ii) the District shall continue to maintain the existing Water Main until the date of its
abandonment.
G. The District and the City desire and intend to enter into this Agreement for
the construction of the Improvements.
H. The City and the District desire and intend that: (i) the District shall be
responsible for eighty percent (80%) of the cost of constructing the Water Pipeline
Project upon the Relocation Site (the "Construction Costs"), and (ii) the City shall be
responsible for twenty percent (20%) of the Construction Costs. The estimated
"Construction Costs" are presented in Exhibit "C" and are attached hereto and made a
part hereof.
NOW, THEREFORE, in consideration of the preceding recital and the mutual
covenants hereinafter contained, the Parties agree as follows:
1. INCORPORATION OF RECITALS. The Parties acknowledge that the foregoing
recitals are true and correct and incorporate by reference those recitals into this
Agreement.
2. WATER PIPELINE PROJECT
2.1 Easements.
(a) The City shall be responsible for obtaining from the HOA for the
District's benefit all easements required for the Water Pipeline Project.
Such easement shall be executed by the HOA and shall be in a form
acceptable to the District.
2.2 Plans.
(a) Preparation of Plans. As part of the Construction Costs, the City
shall be responsible for the preparation and finalization of the design of the plans and
drawings for the Water Pipeline Project (the "Plans"). The City shall prepare and submit
the Plans to the District for the District's review and written approval, in the District's
sole and absolute discretion.
(b) Review and Approval. The District shall review the Plans and
provide the City with the District's written approval or disapproval thereof within twenty
(20) days from the date the Plans are submitted to the District. If the District disapproves
the Plans, the District shall state specifically in writing, the reasons for such disapproval
and the actions which the District believes the City must take to obtain the District's
approval, consistent with the terms of this Agreement. Within fifteen (15) days after the
District submits to the City written comments concerning the initially proposed Plans, the
City shall submit the revised Plans, which shall address the District's suggestions and
requirements to the satisfaction of the District, to the District for its final review and
approval. Upon completion of acceptable Plans, the City shall deliver or cause the same
to be delivered to the District.
2.3 Specifications and Contracting.
(a) Specifications. As part of the Construction Costs, the City shall be
responsible for the preparation, based upon the approved Plans, of the specifications (the
"Specifications") for the Water Pipeline Project. The City shall prepare and submit the
specifications to the District for the District's review and written approval, in the
District's sole and absolute discretion, to ensure that the District's standard and
customary requirements have been addressed in the Specifications.
(i) Review and Approval. The District shall review the
Specifications and provide the City with the District's written approval or disapproval
thereof within twenty (20) days from the date the Specifications are submitted to the
District. If the District disapproves the Specifications, the District shall state specifically
in writing, the reasons for such disapproval and the actions which the District believes the
City must take to obtain the District's approval, consistent with the terms of this
Agreement. Within fifteen (15) days after the District submits to the City written
comments concerning the initially proposed Specifications, the City requirements to the
satisfaction of the District, to the District for its final review and approval. Upon
Completion of acceptable Specifications, the City shall deliver or cause the same to be
delivered to the District.
(b) Contracting. As part of the Construction Costs, the City shall be
responsible for advertising and bidding for the Water Pipeline Project. The Parties
recognize, acknowledge and agree that the City shall be the awarding body and shall be
responsible for compliance and enforcement of the provisions of the California Labor
Code, Government Code and Public Contract Code. In addition to the foregoing, the City
shall ensure the following:
(1) The District is named as an obligee under any labor and
material payment bonds and contract performance bonds
for the Water Pipeline Project.
(2) The District is named as an additional insured on any
general liability insurance required by the City.
(3) The District, and its officers, directors, employees, agents,
successors and assigns are named as indemnified parties
under all indemnifications; hold harmless provisions,
waivers and releases in favor of the City.
(4) The District shall be entitled to all warranties, guarantees
and post completion bonds with respect to the new Water
Pipeline as the City is entitled to the remaining portion of
the Project.
(i) Acceptance of Bid Price. The District shall promptly
review the Water Pipeline Project bid items for acceptance and approval. Provided that
the price bid for the construction and installation of the new Water Pipeline is reasonable
and competitive in the District's sole and absolute discretion, the District shall agree to
the acceptance of the bid and shall notify the City thereof, in writing, in order to permit
the City to award a bid contract in timely fashion. If the District determines, in its sole
and absolute discretion, that the bid for the construction and installation of the new Water
Pipeline is not acceptable, the District shall direct the City to withdraw the new Water
Pipeline Project bid items from the bid package and both Parties shall be released from
any liabilities and/or obligations under this Agreement.
(ii) Construction. As part of the Construction Costs, the City
and the District agree that the City shall cause construction of the Improvements. The
Parties agree that the City shall advertise for, award, negotiate and supervise all contracts
necessary for the construction of the Water Pipeline Project, in accordance with
applicable federal, state and local laws, including but not limited to, CEQA, as defined in
subsection 2.2(b)(v) of this Agreement and the City's public works requirements, as
determined by the City, in its sole and absolute discretion.
(iii) Inspection of Water Pipeline Project. At the cost and
expense solely of the District, The District's inspectors shall inspect all work and
materials pertaining to the construction of the transmission main for the Water Pipeline
Project. The District's inspectors shall provide daily inspection reports to the City's
project engineer. Construction that has been completed without a District inspector
present shall be subject to the District's rejection. The Parties understand and agree that
the District's inspection personnel shall have the authority to enforce the Plans, which
authority shall include requiring that all unacceptable materials, workmanship and/or
installation be replaced, repaired or corrected by the City's contractors.
(iv) SurveyinQ. As part of the Construction Costs, surveying
and staking for the Water Pipeline Project shall be performed by the City's contracted
surveyor.
(v) Environmental Review. The Parties understand and agree
that the City has certified a Categorical Exclusion with
respect to the City's Perimeter Wall Project. The Water
Pipeline Project are part of or consistent with the Perimeter
Wall Project.
(vi) Soils Testing. As Part of the Construction Costs, the City
shall undertake any soils testing that are required by the Water Pipeline Project.
(vii) Change Orders. The City shall cause the City's contractors
to install the new Water Pipeline in strict accordance with the Plans and in accordance
with the laws, rules and regulations of all governmental bodies and agencies having
jurisdiction over the Perimeter Wall Project. Any deviation from the Plans must be
approved by the District in writing. Change orders for the Water Pipeline Project may be
warranted due to a variety of reasons, including but not limited to, unforeseen
circumstances or the need for construction of additional or changed improvements not
contemplated by the Plans. Notwithstanding the foregoing, the City shall not authorize
its contractors to perform, and the District shall not be liable for any change order, extra
work or alteration performed by the City's contractors, unless authorization in writing
from the District is given prior to the performance of such work. And change order, extra
work or alteration by the City's contractor shall be based on a written request delivered to
the City within fifteen (15) days of the occurrence. The City shall deliver its request to
the District for approval or disapproval. Change Order costs shall be apportioned as
outlined in Section 3.6.
(viii) Field Orders. All field orders shall have (i) a District
inspector or engineer present, and (ii) the District inspector's or engineer's written
approval in order to be acceptable hereunder.
(ix) Connections to Existing Water Pipelines. All connections
to existing water Pipelines, including chlorination of new pipe Pipelines, shall be
performed by the District's employees, contractors or agents, solely at the cost and
expense of the District. The City shall contact the District's construction department at
least thirty (30) days prior to schedule said connections.
(x) Completion. Upon completion of the construction and
installation of the Water Pipeline Project, the City shall file a notice of completion
("Notice of Completion") for recording in the Office of the County Recorder. Upon
Completion of the construction of the Water Pipeline Project to the satisfaction of
District's inspectors, the City shall cause its contractors to notify the District in writing
that the Water Pipeline Project has been completed in accordance with the Plans. Said
contractors shall provide the City and the District evidence, as the City shall require, that
all persons, firms and corporations supplying work, labor, materials, supplies and
equipment for the construction of the Main Project have been paid and that no claims
exist on behalf of any person, firm or corporation. Upon formal written acceptance
thereof by the District, the City shall execute all documents necessary for the conveyance
of title (the "Transfer Documents") to the new Water Pipeline to the District. Upon
delivery of the Transfer Documents to the District, the new Water Pipeline shall become
part of the District's domestic water system.
3. COSTS.
3.1 Plans. Pursuant to subsection 2.1(a) of this Agreement, the City shall be
initially responsible for the payment of the costs for preparation and finalization of the
Plans required hereunder. The cost for the preparation and finalization of the Plans shall
be deemed part of the Construction Costs.
3.2 Specifications. Pursuant to subsection 2.2(a) of this Agreement, the City
shall be initially responsible for the payment of the costs for preparation and finalization
of the Specifications required hereunder. The cost for the preparation and finalization of
the Specifications shall be deemed part of the Construction Costs.
3.3 Surveying. Pursuant to subsection 2.2(b)(iv) of this Agreement, the City
shall be initially responsible for the payment of the costs for the surveying and staking
required hereunder. Upon the successful completion of the surveying and staking, such
costs shall be deemed part of the Construction Costs.
3.4 Soils Testing. Pursuant to subsection 2.2(b)(vi) of this Agreement, the
City shall be initially responsible for the payment of the costs for the soils testing
required hereunder. Upon successful completion of the soils testing, such costs shall be
deemed part of the Construction Costs.
3.5 Administration. Separate and apart from the Construction Costs, the
District shall pay the City FIVE PERCENT (5%) of the bid amount for the Water
Pipeline Project, for administrative expenses (the "Administrative Expenses")
associated with the construction of the Water Pipeline Project provided the District
accepts the bid price of the Water Pipeline Project. Within thirty (30) days after the City
submits to the District an invoice for the Administrative Expenses, following the
acceptance and award of the bid for the Water Pipeline Project, the District shall deliver
the total amount of the Administrative Expenses to the City. If change orders cause the
cost of the Water Pipeline Project to increase, then the District shall pay such additional
sum based upon the foregoing percentage, to the City as pertains to such change orders,
promptly following submission of invoices therefore by the City.
3.6 Payment for Construction. The District and the City agree that (i) the
District shall pay eighty percent (80%) of the total Construction Costs and (ii) the City
shall pay twenty percent (20%) of the total Construction Costs.
(a) Invoice. The City shall invoice the District monthly for work
completed by the City and/or the City's contractor and the District shall pay the City
within thirty (30) days of the District's receipt of the invoice. In the event the District
disputes any amount set forth in the invoice, the District shall pay the undisputed amount
and forward to the City a statement detailing any disagreement with the remaining
amount due and owing. The District shall pay the disputed amount within thirty (30)
days of the Parties' reconciling the amount due, if any.
4. MAINTENANCE; ALTERATIONS; REPAIRS. Following the filing of the
Notice of Completion of the Improvements by the City and upon delivery of the Transfer
Documents to the District, the new Water Pipeline shall become part of the District's
domestic water system. Thereafter, the District shall repair, replace and maintain, or
cause to be repaired, replaced and maintained, the new Water Pipeline. The repair,
replacement and maintenance required of the District by this Agreement shall be at the
District's sole expense and liability.
5. DURATION OF AGREEMENT. This Agreement shall remain in effect in
perpetuity, unless terminated by mutual written consent of all the Parties. This
Agreement is binding upon the heirs, successors and transferees of the District and the
City.
6. NOTICES, DEMANDS AND COMMUNICATIONS BETWEEN THE
PARTIES.
6.1 Any and all notices, demands or communications submitted by a Party to
the other Party pursuant to or as required by this Agreement shall be proper, if in writing
and dispatched by messenger for immediate personal delivery, by a nationally recognized
overnight courier service, or by registered or certified United States mail, postage
prepaid, return receipt requested, to the principal office of the Party, as designated in
subsection 6.2. Such written notices, demands and communications may be sent in the
same manner to such other addresses as the Party may from time to time designate. Any
such notice, demand or communication shall be deemed to be received by the addressee,
regardless of whether or when any return receipt is received by the sender or the date set
forth on such return receipt, on the day that it is dispatched by messenger for immediate
personal delivery, on the date of delivery by a nationally recognized overnight courier
service or three (3) calendar days after it is placed in the United States mail, as provided
in this subsection 7.1.
6.2 The following are the authorized addresses for the submission of notices,
demands or communications to the Parries:
To the City:
With courtesy copy to:
City of La Quinta
P.O. Box 1504
La Quinta, California 92247-1504
Attention: City Manager
Telephone: (760) 777-7100
Telecopy: (760) 777-7101
Rutan & Tucker
611 Anton Blvd, Suite 1400
Suite 1400
Costa Mesa, California 92626
Attention: Katherine Jensen
To the District: Coachella Valley Water District
85-995 Avenue 52
Coachella, California 92236
Attention: General Manager -Chief Engineer
Telephone: (760) 398-2651
Telecopy: (760) 398-3711
7. INDEMNIFICATION.
7.1 The District. The District shall defend, indemnify and hold the City and
the City's officers, directors, agents, servants, attorneys, employees and contractors
harmless from and against all liability, loss, damage, costs, or expenses (including
reasonable attorneys' fees and court costs) (all of the foregoing collectively, "Liabilities")
arising from or as a result of the death of any person or any accident injury, loss or
damage whatsoever caused to any person or to the property of any person and which shall
be, or alleged to be, directly or indirectly, caused by any acts done thereon or any errors
or omissions of the District or its officers, directors, agents, servants, attorneys,
employees or contractors. The District shall not be responsible for (and such indemnity
shall not apply to) any acts, errors or omissions directly or indirectly caused by the City,
or the City's respective officers, directors, agents, servants, attorneys, employees or
contractors. The City shall not be responsible for any acts, errors or omissions of any
person or entity except the City and the City's respective officers, agents, servants,
employees or contractors.
The District's obligations under this Section 8.1 shall survive the expiration or
termination of this Agreement.
7.2 The City. The City shall defend, indemnify and hold the District and the
District's officers, directors, agents, servants, attorneys, employees and contractors
harmless from and against all Liabilities arising form or as a result of the death of any
person or any accident injury, loss or damage whatsoever caused to any pers0on or to the
property of any person and which shall be, or alleged to be, directly or indirectly, caused
by any acts done thereon or any errors or omissions of the City or its officers, directors,
agents, servants, attorneys, employees or contractors. The City shall not be responsible
for (and such indemnity shall not apply to) any acts, errors or omissions of any person or
entity except the District and the District's respective officers, agents, servants,
employees or contractors.
The City's obligations under this Section 8.2 shall survive the expiration or
termination of this Agreement.
8. INSPECTIONS. The City shall maintain and make available for inspection by
the District, during regular office hours, accurate record pertaining to the Water Pipeline
Project, including costs, disbursements and receipts with respect to the construction of the
Water Pipeline Project.
9. EXHIBITS. All Exhibits attached hereto form material parts of this Agreement.
10. ASSIGNMENT FORBIDDEN. Neither the District nor the City shall, either
voluntarily or by action of law, assign or transfer this Agreement or any obligation, right,
title or interest assumed by the Party herein without the prior written consent of the other
Party. If either Party attempts an assignment or transfer of this Agreement or any
obligation, right, title or interest herein, the other Party may, at its option, terminate and
revoke the Agreement and shall thereupon be relieved from any and all obligations
hereunder to the other Party and/or its assignee(s) or transferee(s).
11. ENTIRE AGREEMENT. This Agreement and the exhibits herein contain the
entire agreement between the Parties concerning the matters set forth herein, and is
intended by the Parties to completely state the agreement in full. Any agreement or
representation respecting the matters dealt with herein or the duties of any Party in
relation thereto, not expressly set forth in this Agreement, is null and void.
12. SEVERABILITY. If any term, provision, condition, or covenant of this
Agreement, or the application thereof to any party or circumstance, shall to any extent be
held invalid or unenforceable, the remainder of the instrument, or the application of such
term, provision, condition or covenant to persons or circumstances other than those as to
whom or which it is held invalid or unenforceable, shall not be affected thereby and each
term and provision of this Agreement shall be valid and enforceable to the fullest extend
permitted by law.
13. ATTORNEYS' FEES REIMBURSEMENT. In the event either Party hereto
brings an action or proceeding for a declaration of the rights of the Parties, for injunctive
relief, for an alleged breach or default, or any other action arising out of this Agreement,
or the transactions contemplated hereby, the prevailing Party in any such action shall be
entitled to an award of reasonable attorneys' fees and costs incurred in such action or
proceeding, in addition to any other damages or relief awarded, regardless of whether
such action proceeds to final judgment.
14. TIME OF ESSENCE. Time is of the essence in this Agreement, and each and
every provision hereof in which time is an element.
15. APPLICABLE LAW. This Agreement and all documents provided for herein
shall be governed by and construed in accordance with the laws of the State of California.
Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside
County, Desert Judicial District, State of California.
16. NO THIRD PARTY BENEFICIARIES. Except as specifically set forth herein,
this Agreement shall not be deemed to confer any rights upon any individual or entity
which is not a party hereto, and the parties hereto expressly disclaim any such third -party
benefit.
17. AMENDMENT MODIFICATION. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by all parties.
18. SECTION HEADINGS. The subject headings of the sections of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
19. AUTHORITY TO BIND THE PARTIES. Each Party warrants that the
execution, delivery and performance of this Agreement and any and all related
documents by the respective applicable Party are duly authorized and do not require the
further consent or approval of any body, board, commission, officer or authority other
than the persons executing this Agreement on behalf of the respective applicable Party.
Each of the Parties further warrants and represents that the person executing this
Agreement on behalf of said Party is duly authorized and empowered to execute this
agreement on behalf of said Party.
20. FURTHER ACTS. Each Party agrees to perform any further acts and to execute
and deliver any documents which may be reasonably necessary to carry out the
provisions of this Agreement.
21. COUNTERPARTS. This Agreement may be executed in one (1) of more
counterparts and when a counterpart shall have been signed by each Party hereto, each
shall be deemed an original, but all of which constitute one and the same instrument.
22. NO DISCRIMINATION. The District and the City certify and agree that all
persons employed by the Parties, their affiliates, subsidiaries, or holding companies and
any of the Parties' contractors retained with respect to the Main Project are and shall be
treated equally without regard to or because of race, religion, ancestry, national original
or sex, and in compliance with all federal and state laws prohibiting discrimination in
employment.
23. SURVIVAL. All obligations of the Parties hereunder not fully performed as of
the completion or termination of this Agreement shall survive such completion or
termination, including without limitation all payment obligations and all obligations
concerning the condition of the Improvements.
24. REFERENCE TO "DAYS". Whenever the word "days" is set forth in this
Agreement, it shall be deemed to mean calendar days, unless otherwise specified.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their duly authorized representatives on the dates set forth below and acknowledge
that this Agreement is effective as of the date first above written.
THE CITY:
CITY OF LA QUINTA, a California
Municipal corporation and charter city
ay:
Name: Thomas P. Genovese
Title: Ci Mana er
Dated: d
ATTEST:
APPROVED AS TO LEGAL FORM:
M. Katherine Jenson, C' Attorney
Dated:
THE DISTRICT:
COACHELLA VALLEY WATER DISTRICT,
a California public agency
;.� G , / I.
Name:u. -
Title:
-
D. -e.
CITY OF LA QUINTA
REIMBURSEMENT AGREEMENT WITH
COACHELLA VALLEY WATER DISTRICT
FOR THE
CONSTRUCTION AND RELOCATION OF 6" WATER PIPELINE
WITH THE
VILLAS AT LA QUINTA
EXHIBIT "A"
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CITY OF LA QUINTA
REIMBURSEMENT AGREEMENT WITH
COACHELLA VALLEY WATER DISTRICT
FOR THE
ABANDONMENT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE
WITH THE
VILLAS AT LA QUINTA
EXHIBIT L°B"
PERIMETER WALL PROJECT SITE
[Attached behind this page]
PROPOSED 8"
WATER LINE IN
PRIVATE ROAD
PROPOSED 8"
WATER LINE IN
PRIVATE ROAD
TIE INTO EXISTING
r 8" WATER LINE
/,TIE INTO
EXISTING
6" WATER
LINE
PROPOSED
PERIMETER WALL
PROPOSED PERIMETER WALL
1"=150
i
CITY OF LA QUINTA
REIMBURSEMENT AGREEMENT WITH
COACHELLA VALLEY WATER DISTRICT
FOR THE
ABANDONMENT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE
WITH THE
VILLAS AT LA QUINTA
EXHIBIT "C"
CONSTRUCTION COST ESTIMATE
[Attached behind this page]
EXHIBIT C - CONSTRUCTION COST ESTIMATE
Item
Description
Unit
Estimated
Estimated
I
Estimated
I
No.
Quantity
Unit Cost
Cost
1
8-inch Ductile Iron Water Line (poly wrapped)
LF
1,747
$85
$148,495
2
Trench Resurfacing (asphalt concrete)
SF
$2
$18,00000
3
8-inch Gate Valve
EA
$3,000
$9,0
4
Abandon Fire Hydrant (CVWD)
EA
$2,500
$12,500
5
New Fire Hydrant Assembly
EA
E40
$13,750
$123,750
6
Relocate Existing 3/4" Service (CVWD)
EA
$600
$24.007
Relocate Existing 2-inch Service (CVWD)
EA
$750
$4,500
8
Tie Into Existing Water Line
EA
4
$7,500
$30,000
9
Abandon Existing AC Water Line in Place (crush)
LS
1
$5,000
$5,000
Construction:
$375,245
Engineering (10%):
$37,525
Inspection/Testing/Survey (9.75%):
$36,586
City Administration(5%):
$18,762
SubTotal:
$468,118
Contingency (10%):
$46,812
Grand Total:
$422,057
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RESOLUTION OF THE BOARD OF DIRECTORS OF
COACHELLA VALLEY WATER DISTRICT
RESOLUTION NO.2008-80
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 22"d day of April, 2008, that the appropriate officers are
hereby authorized to execute on behalf of this District, a Reimbursement Agreement with the
City of La Quinta for the Abandonment, Replacement and Relocation of 6-inch Water Pipeline
within the Villas of La Quinta, in a portion of Sections 31 and 32, Township 5 South, Range 7
East, San Bernardino Base and Meridian.
STATE OF CALIFORNIA )
COACHELLA VALLEY WATER DISTRICT) ss.
OFFICE OF THE SECRETARY )
I, JULIA HERNANDEZ, Secretary of the Board of Directors of the Coachella Valley
Water District, DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of
Resolution No. 2008-80 adopted by the Board of Directors of said District at a regular meeting
thereof duly held and convened on the 22"d day of April, 2008, at which meeting a quorum of said
Board was present and acting throughout. The Resolution was adopted by the following vote:
AYES: Five
NOES: None
ABSTAIN: None
Dated this 22"d day of April, 2008.
(SEAL)
File: 0421.2
1150.14
FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT
FOR THE
ABANDONMENT REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE
WITHIN THE
VILLAS OF LA OUINTA
THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR THE
ABANDONMENRT, REPLACEMENT AND RELOCATION OF 6" WATER PIPELINE
WITHIN THE VILLAS OF LA QUINTA ("Amendment") is entered into this2l day of April,
2009 ("Effective Date"), by and between the City of La Quinta, a municipal corporation and
charter city in the State of California ("City") and Coachella Valley Water District, a public
agency of the State of California ("District"). The City and District are at times hereinafter
referred to individually as the "Party," and collectively as the "Parties."
RECITALS
A. City and District executed that certain Reimbursement Agreement for the Abandonment,
Replacement and Relocation of 6" Water Pipeline within the Villas of La Quinta dated April 23,
2008 ("Agreement"). Each initially capitalized term shall have the meaning given it in the
Agreement, unless specifically defined herein.
B. The Agreement provided, in part, for the abandonment, replacement and relocation of the
Water Pipeline as a result of the City's Perimeter Wall Improvement Project.
C. The Parties hereto agree to amend and supplement the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, THE PARTIES AGREE TO AMEND AND SUPPLEMENT THE
AGREEMENT AS FOLLOWS:
1. The Parties agree that the Water Pipeline shall be abandoned as more particularly
described in the Agreement.
2. The term "Water Pipeline Project" shall be amended to mean: (a) the abandonment of the
Water Pipeline; and (b) reconnection of forty-eight (48) water service lines to the existing
eighteen inch (18") diameter water main in accordance with the Revised Plans (as that term is
defined in Section 3 below). The amended Water Pipeline Project shall be referred to in this
Amendment as the "Amended Water Pipeline Project."
3. The City has caused the preparation and finalization of the Plans for the Amended Water
Pipeline Project ("Revised Plans"). District has approved the Revised Plans.
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4. Sections 2.3 and 3.5 of the Agreement are hereby deleted in their entirety.
5. District shall, at its sole cost and expense, be responsible for the installation and
construction of the Amended Water Pipeline Project in substantial compliance with the Revised
Plans including, but not limited to, the backfilling and paving the trench and any holes as a result
of the service line reconnections ("Backfill Work"). The City shall accept the Backfill Work as
completed by or on behalf of the District; or City may, at its sole cost and expense, grind and
overlay the street over which the Backfrll Work has been completed. City hereby authorizes
District to construct and install the Amended Water Pipeline Project in substantial accordance
with the Revised Plans without the need for further consents, approvals, permits, authority,
licenses or entitlements from City.
6. Notwithstanding Section 5 above, City shall be responsible for one hundred percent
(100%) of the following costs and expenses as of the Effective Date of this Amendment:
a. Any amounts paid or incurred with respect to the Plans and/or the Revised Plans;
b. Any amounts paid or incurred with respect to Sections 3.1 through 3.4 of the
Agreement; and
C. Any work performed by any title company in connection with the Water Pipeline
Project and/or the Amended Water Pipeline Project.
7. The Parties hereby agree that the Perimeter Wall Project shall include the replacement of
an existing chain link fence with a block wall as generally depicted on Exhibit "A" attached
hereto and by this reference incorporated herein ("New Block Wall"). The New Block Wall
shall include the replacement of all existing chain link fence with a block wall in such location
generally depicted on Exhibit "A" attached hereto and by this reference incorporated herein. The
New Block Wall shall include the same or substantially the same materials as incorporated into
the remainder of the Perimeter Wall Project. The Parties anticipate that the City shall complete
the New Block Wall on or before November 15, 2009. After City has installed or caused the
New Block Wall to be installed, the City shall invoice the District and the District shall pay the
City the sum of Fifty Thousand Eight Hundred Fifty -One Dollars ($50,851.00) in accordance
with the terms set forth in Section 3.6 of the Agreement.
8. Except as otherwise amended and supplemented in Sections 1 through 7 above, the terms
and conditions of the Agreement shall remain in full force and effect. Notwithstanding the
immediately preceding sentence, the Agreement shall be interpreted in a manner consistent with
the intent of this Amendment.
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IN WITNESS WHEREOF, the City and District have caused this Amendment to be
executed as of the day and year first above written.
CITY:
City of La Quinta,
a municipal corporation
and charter city in the State of California
Name: Thomas P. Genovese
Its: City Manager
ATT�
APPROVED AS TO LEGAL FORM:
DISTRICT:
Coachella Valley Water District
a public agency of the State of California
By
z L—
Name: Steve Robbins
Its:General Manager -Chief Engineer
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