CVWD - Parallel Canal in SilverRock 13CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT ("Agreement") is made on this � day of _
Nomn6er2013 ("Effective Date"), by and between COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California ("CVWD") and CITY OF LA QUINTA, a California
municipal corporation and charter city ("City"). CVWD and City are sometimes referred to
herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. On or about December 21, 1928 the Congress of the United States of America
("United States") approved the "Boulder Canyon Project Act" (45 Stat. 1057). Pursuant to the
Boulder Canyon Project Act, the United States constructed the All -American Canal and its
Coachella Branch ("Coachella Canal'). The Coachella Canal is generally that portion of the All -
American Canal from Drop 1 to Lake Cahuilla. The purpose of the Coachella Canal is to convey
water for urban, agricultural, and groundwater recharge purposes.
B. The United States, by and through the Bureau of Reclamation ("USBR" ), holds
title to the Coachella Canal and CVWD operates and maintains the Coachella Canal pursuant to
Contract No. Ilr-781 with the United States dated October 15, 1934, as amended and
supplemented.
C. Ground subsidence has occurred throughout the Coachella Valley at least since
the original construction of the Coachella Canal. The Coachella Canal has subsided generally
uniformly with the land except a portion thereof between Mile Post ("MP") 120.3 and the check
drop structure at MP 121.8, which portion is more particularly depicted on Exhibit "A" attached'
hereto and by this reference incorporated herein ("Non -Subsided Portion of the Coachella
Canal"). The Non -Subsided Portion of the Coachella Canal is generally located west of Jefferson
Street and extends to a point south of Avenue 54 adjacent to PGA West in the City of La Quinta.
D. The Non -Subsided Portion of the Coachella Canal results in a hydraulic condition!
whereby the original flow capacity has been substantially reduced. In order to increase the flow
capacity within the Non -Subsided Portion of the Coachella Canal, CVWD has determined that a
physical solution must occur, including, but not limited to, the possibility of replacing and/or
relocating all or a portion of the Non -Subsided Portion of the Coachella Canal.
E. CVWD retained the services of GEI Consultants, Inc. ("GEl'), to evaluate the
subsidence of the Coachella Canal generally, and the non -subsidence within the Non -Subsided
Portion of the Coachella Canal and to perform preliminary engineering for four (4) water
conveyance system ("Water Conveyance System") alignment options and six (6)
design/construction options for each alignment. On or about April, 2009 GEI submitted to
CVWD its report entitled, "Evaluation of Subsidence and Canal Replacement Options"
("Report"). A copy of the Report is on file in the offices of both City and CVWD.
r&s redline #711.05.13
F. The Water Conveyance System alignment options identified in the Report require
the installation of new concrete -lined canal and/or new pipelines, and the demolition and removal
of certain existing concrete -lined canal, pipelines and facilities.
G. The Parties previously selected two (2) Water Conveyance System options
identified in the Report as the most viable (each, a "Design Alternative") for father design. The
options selected for further design and costs analysis are generally described as the "Parallel
Canal" and the "Jefferson Street Alignment." Those two options are referred to hereinafter as the
"Project Alternatives" and are described further in Exhibit `B" attached hereto and by this
reference incorporated herein.
H. On or about March 13, 2012, the Parties executed an agreement ("Prior
Agreement"). The Prior Agreement provided for (i) CV WD's retention of an engineering firm to
complete the design plans and engineering cost estimates for the Project Alternatives; (H)
CVWD's retention of a construction management firm to prepare a second opinion regarding the
construction costs for the Project Alternatives, (iii) preliminary California Environmental Quality
Act ("CEQA") and National Environmental Protection Act ("NEPA") compliance studies and
(iv) the Parties' respective payment obligations for the costs set forth in the foregoing clauses (i)
through (iii). The Prior Agreement further provided a period of time for the Parties to determine
if they jointly wished to pursue the construction of the Jefferson Street Alignment alternative.
I. On or about January 31, 2013, the Parties executed that certain amendment to the
Prior Agreement ("Amendment"). The Amendment provides, in part, that the period of time to
determine if the Parties jointly desire to pursue the construction of the Jefferson Street Alignment
alternative shall expire on June 1, 2013.
J. On May 21, 2013, the City Council of City decided not to pursue the Jefferson
Street Alignment and therefore, C V WD will proceed with construction of the Parallel Canal.
K. Existing CVWD/USBR right-of-way, including fee ownership and/or easements,
for the construction, operation and maintenance of the Coachella Canal, shall be referred to
herein as "Existing Coachella Canal ROW." The Existing Coachella Canal ROW is further
depicted in Exhibit "D" attached hereto and by this reference incorporated herein.
L. New permanent CVWD/USBR right-of-way to be obtained from the City,
including fee ownership and/or easements, for the installation, operation and maintenance of the
Coachella Canal (Parallel Canal), shall be referred to herein as "New Permanent Coachella Canal
ROW". The New Permanent Coachella Canal ROW is further described and depicted in Exhibit
"E" attached hereto and by this reference incorporated herein.
M. Temporary CVWD/USBR right-of-way to be obtained from the City in the form
of a temporary easement(s), for the construction of the Coachella Canal (Parallel Canal), shall be
referred to herein as "Temporary Construction Easement(s)". The Temporary Construction
Easement(s) are further described and depicted in Exhibit "F" attached hereto and by this
reference incorporated herein.
N. On or about June 24, 2004, the USBR executed a letter of consent to City ("Letter
of Consent") to use a portion of the Existing Coachella Canal ROW for the construction,
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operation and maintenance of certain golf course improvements ("Golf Course Improvements").
The Golf Course Improvements are operated by City as a portion of the City's golf course
commonly known as the "Palmer Golf Course at SilverRock." The Letter of Consent set forth
certain conditions for the use of a portion of the Coachella Canal for the Golf Course
Improvements, including, without limitation, the condition that City is solely responsible to
restore the Golf Course Improvements as a result of the operation, maintenance and repair of the
Coachella Canal. The Letter of Consent is further described and depicted in Exhibit "G"
attached hereto and by this reference incorporated herein.
O. The Parties now wish to provide for the Parties' respective responsibilities and
cost obligations arising out of the construction of the Parallel Canal on the terns and conditions
set forth in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS,
WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, AND FOR OTHER
VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS:
1. All of the Recitals are hereby incorporated herein by this reference to the same
extent as.though herein again set forth in full.
2. CVWD shall construct the Parallel Canal alternative as generally described on
Exhibit "B" attached hereto, within the Existing Coachella Canal ROW, the New Permanent
Coachella Canal ROW and the Temporary Construction Easement.
3. (a) Attached hereto as Exhibit "C" and by this reference incorporated herein is
the Schedule for, amongst other things, the following: (a) completion of the Design Plan (as
defined in the Prior Agreement) for the Parallel Canal Alternative to 100% Completion (as
defined in the Prior Agreement) in accordance with the Prior Agreement; (b) advertising and
obtaining bids for the construction of the Project (as that term is defined herein); (c) awarding of
a bid to the successful bidder ("Contractor"); and (d) completion of the work by the Contractor.
Except as otherwise provided herein, CVWD shall be responsible for construction of the Parallel
Canal alternative.
(b) City shall be responsible, at its sole cost and expense, for all impacts to the
Golf Course Improvements, including removing, restoring, repairing and reconstructing the
same. The schedule may include time periods in which City must remove directly and indirectly
conflicting Golf Course Improvements within the Existing Coachella Canal ROW so that
Contractor may construct the Project, or CVWD may issue a notice to City to remove directly
and indirectly conflicting Golf Course Improvements so that the Contractor may construct the
Project. City covenants and agrees to remove or cause to be removed, the conflicting Golf
Course Improvements within the Existing Coachella Canal ROW in accordance with the
schedule or time periods set forth in the notice.
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4. Pursuant to the Prior Agreement, CVWD agreed to act, and shall continue under
this Agreement to act, as lead agency with respect to Environmental Compliance (as defined in
the Prior Agreement) with respect to the Parallel Canal alternative including the removal,
replacement, repair or construction of the Golf Course Improvements. CVWD shall continue to
prepare, or cause to be prepared, and/or finalize or cause to be finalized all instruments,
documents, reports and other like or kind writings required to be prepared and/or filed by CEQA
and NEPA. City hereby agrees to cooperate with CVWD, at City's sole cost and expense, in a
timely manner with respect to CVWD's Environmental Compliance and the preparation of any
documents or instruments required thereby. CVWD shall be responsible for all costs and
expenses of Environmental Compliance, except those costs for the preliminary Environmental
Compliance, which were covered in the Prior Agreement. City shall remit City's share of the
preliminary Environmental Compliance costs to CVWD pursuant to the terms thereof.
5. (a) Prior to the construction of the Parallel Canal alternative (sometimes referred
to in this Agreement as "Project"), CVWD shall use commercially reasonable efforts to obtain
any necessary fee title to real property and/or easements on real property needed for the Project,
which are owned by persons or entities other than the City, CVWD or USBR.
(b) Prior to the construction of the Project, the City shall provide at no cost to
CVWD the New Permanent Coachella Canal ROW and the Temporary Construction Easement.
The term of the Temporary Construction Easement shall commence on April 7, 2014 and end on
September 1, 2014 ("Completion Date"). As set forth above, the Project shall be completed by
the Contractor. CVWD shall place a liquidated damages clause in the agreement with the
Contractor which will provide compensation ("City's Damages") to the City in the event the
Completion Date requires extension. The amount of the City's Damages shall be determined by
City and CVWD as part of the request for proposals for a contractor for the Project.
(c) Except as provided herein, the acquisition cost of the fee interests and/or
easements shall be a cost of the Project. The grant deeds and/or easement documents shall be
reasonably satisfactory to CVWD and USBR as to content, form, location and width, which
assure USBR's right to own and CVWD's right to construct, operate, maintain, replace, repair,
enlarge, reconstruct, remove and improve the real property. City may provide CVWD with
quitclaim deeds instead of grant deeds to satisfy its obligations under Section 5, provided that
CVWD is able to obtain title insurance from a title company in such form and content as shall be
acceptable to CVWD. Fee title and/or easements granted to CVWD for the Project may
ultimately be transferred by CVWD to USBR.
6. After the completed Design Plans have been approved by USBR, Environmental
Compliance satisfied and ROW obtained, CVWD shall cause construction of the Project at its
sole cost and expense, except with regard to the Golf Course Improvements, replacement and
repair, which expense shall be borne solely by the City. CVWD may construct all or a portion of
the Project with its own forces as an expense of the Project. In lieu thereof, CVWD may
advertise and obtain bids for the construction of the Project or the discrete components thereof in
accordance to federal, state and local laws applicable to CVWD, including the California Labor
Code, Government Code and Public Contract Code. CVWD shall negotiate and enter into all
contracts and agreements with the Contractor with respect to the construction of the Project.
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7. (a) City shall, at City's sole cost and expense, remove, replace, repair and
reconstruct the Golf Course Improvements within the Coachella Canal ROW in accordance with
USBR requirements. City shall satisfy the requirements of the USBR at City's sole cost and
expense. In the event a requirement of the USBR conflicts with the term of this Agreement with
respect to the removal, repair, replacement or reconstruction of the Golf Course Improvements
within the Existing Coachella Canal ROW, the requirements of the USBR shall prevail.
(b) City shall employ, at City's sole cost and expense, a qualified
professional engineering firm ("City Engineer") to plan, design and prepare detailed
construction plans and specifications for the removal, repair, replacement and reconstruction
of the Golf Course Improvements within the Existing Coachella Canal ROW in full and
complete accordance with CVWD's design criteria and standards. The City Engineer shall
complete the design and detailed construction plans and specifications and the same shall be
submitted to CVWD. CVWD shall approve or disapprove the construction plans and
specifications within a reasonable amount of time after submittal to CVWD. In the event
CVWD disapproves the plans and specifications, City shall modify the plans and
specifications in accordance with the reasons given for disapproval and shall within thirty (30)
days after receipt of notice of disapproval by CVWD submit the revised construction plans and
specifications to CVWD for approval or disapproval. The foregoing procedure shall be
continued until the construction plans and specifications have been approved by the District.
(c) Upon the approval by the USBR of the City's application referred to in
subsection (a) above (if required), approval of the plans pursuant to subsection (b) above (if
required) and in accordance with the scheduled attached hereto as Exhibit "C" or the notice set
forth in Section 3, City shall employ a contractor or contractors in accordance with federal, state
and local laws applicable to City, to remove, repair, replace and reconstruct the Golf Course
Improvements within the Existing Coachella Canal ROW. Prior to entry on the Existing
Coachella Canal ROW to remove, repair, replace or reconstruct the Golf Course Improvements,
City shall apply with its contractor(s), for an encroachment permit from CVWD to remove,
repair, replace and reconstruct the Golf Course Improvements. Nothing contained in this
Agreement shall relieve City or its contractor(s) from complying with the foregoing obligation.
The cost of removing, repairing, replacing and reconstructing,the Golf Course Improvements, or
any cost and expense arising out of the foregoing, shall be paid at the sole cost and expense of the
City. CVWD or its contractors shall obtain an encroachment permit from the City before
entering onto the property owned by the City, including the property within the Temporary
Construction Easement, to carry out the construction activities authorized by this Agreement.
8. (a) All notices, invoices and payments (collectively, "Notices") provided for
hereunder shall be in writing and (i) mailed (registered or certified, postage prepaid, return
receipt requested), (ii) delivered by reputable overnight or same day courier service that provides
a receipt with the date and time of delivery, or (iii) hand delivered to the Parties at the addresses
set forth below or at such other addresses as shall be designated by such Party and by a written
Notice to the other Party in accordance with the provisions of this section. All such Notices
shall, if hand delivered, or delivered by overnight or same day courier service, be deemed
received upon delivery and, if mailed, be deemed received three (3) business days after such
mailing.
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To City: Notices Delivered by U.S. Mail:
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247
Attn: City Manager
Notices Delivered Personallv or by Courier:
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: M. Katherine Jenson, Esq.
To CVWD: Coachella Valley Water District
85-995 Avenue 52
Post Office Box 1058
Coachella, CA 92236
Attn: Jim Barrett, General Manager
copy to: Redwine and Sherrill
1950 Market Street
Riverside, CA 92501
Attn: Gerald D. Shoaf, Esq.
(b) This instrument, together with the exhibits attached hereto and other
writings referenced herein, contains the entire agreement between the Parties relating to the
subject matter hereof and supersedes any and all prior agreements between the Parties, oral or
written, and any and all amendments thereto, with the exception of the Prior Agreement which
shall be binding on the Parties. Any oral representations or modifications concerning this
instrument shall be of no force and effect, excepting a subsequent modification in writing, signed
by the Parties to be charged.
(c) In the event of any litigation or other action between the Parties arising out
of or relating to this Agreement or the breach thereof, each Party shall pay its own attorneys'
fees.
(d) If any provision of this Agreement shall be ruled invalid, illegal or
unenforceable, the Parties shall: (i) promptly negotiate a substitute for the provision which shall,
to the greatest extent legally permissible, effect the intent of the Parties in the invalid, illegal or
unenforceable provision, and (ii) negotiate such changes in, substitutions for or additions to the
remaining provisions of this Agreement as may be necessary in addition to and in conjunction
with clause (i) above to give effect to the intent of the Parties without the invalid, illegal or
unenforceable provision. To the extent the Parties are unable to negotiate such changes,
substitutions or additions as set forth in the preceding sentence, and the intent of the Parties with
respect to the essential terms of the Agreement may be carried out without the invalid, illegal or
unenforceable provision, the balance of this Agreement shall not be affected, and this Agreement
shall be construed and enforced as if the invalid, illegal or unenforceable provision did not exist.
(e) Each Party hereto agrees to execute and deliver such other documents and
perform such other acts as may be necessary to effectuate the purposes of this Agreement.
(f) This Agreement is entered into within the State of California, and all
questions concerning the validity, interpretation and performance of any of its terms or
provisions or any of the rights or obligations of the Parties hereto shall be governed by and
resolved in accordance with the internal laws of the State of California and applicable federal
law. In case of a conflict between federal law and California law, federal law shall control.
(g) The provisions of the Agreement shall be construed as to their fair
meaning, and not for or against any Party based upon any attribution to such Party as the source
of language in question.
(h) Time is of the essence of this Agreement and each and every term and
provision thereof.
(i) (i) CVWD represents and warrants to City that: (A) CVWD has all
requisite right, power, legal capacity, and authority to enter into and perform its obligations under
this Agreement; (B) any persons executing this Agreement on behalf of CVWD are authorized to
do so; (C) the execution of this Agreement by CVWD does not violate any provision of any other
agreement to which CVWD is a party; and (D) except as may be specifically set forth in this
Agreement, no approvals or consents not heretofore obtained by CVWD are necessary in
connection with the execution of this Agreement by CVWD or with the performance by CVWD
of its obligations hereunder.
(ii) City represents and warrants to CVWD that: (A) City has all
requisite right, power, legal capacity, and authority to enter into and perform its obligations under
this Agreement; (B) any persons executing this Agreement on behalf of City are authorized to do
so; (C) the execution of this Agreement by City does not violate any provision of any other
agreement to which City is a party; and (D) except as may be specifically set forth in this
Agreement, no approvals or consents not heretofore obtained by City are necessary in connection
with the execution of this Agreement by City or with the performance by.City of its obligations
hereunder.
0) Neither CVWD nor City shall, either voluntarily or by action of law,
assign or transfer this Agreement or any obligation, right, title or interest assumed by such Party,
except as otherwise provided herein, without the prior written consent of the other Parties. Any
attempted assignment in violation if this provision is void ab initio. Subject to the foregoing, the
provisions of this Agreement shall apply and bind the successors and assigns of the Parties.
(k) 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 (except the USBR)
and the Parties expressly disclaim such third party benefit.
(1) A delay on the part of any Party hereto in exercising any right, power or
privilege hereunder shall not operate as a waiver thereof, nor shall any waiver on the part of any
Party hereto of any right, power or privilege hereunder operate as a waiver of any other right,
power or privilege hereunder, nor shall any single or partial exercise of any right, power or
privilege hereunder, preclude any other or further exercise of any other right, power or privilege
hereunder.
(m) Subject to the provisions of this Agreement, CVWD shall own all works
constructed pursuant to this Agreement, except the Golf Course Improvements. Title to the
Coachella Canal and its appurtenant works remain with the USBR. Nothing herein shall be
construed or interpreted to give City any right or ownership with respect to the Coachella Canal
or the Project. City covenants and agrees not to assert any interest or control over the Coachella
Canal or the Project or the operation thereof.
(n) Each individual executing this Agreement hereby represents and warrants
that he or she has the full power and authority to execute this Agreement on behalf of the named
Parties.
(o) This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute but one instrument.
(p) Any payment not paid when due shall bear simple interest at the maximum
legal rate allowed under California law from the due date until paid in full.
(q) The Parties agree that any action or proceeding to enforce or relating to
this Agreement shall be brought exclusively in the Federal or State courts located in Riverside
County, California, and the Parties hereto consent to the exercise of personal jurisdiction over
them by any such courts for purposes of any such action or proceeding.
(r) Unless otherwise specified, all references hereunder to "days" shall mean
calendar days.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and
year hereinabove written.
Date: —AAL�, 2013
APPROVED AS TO FORM
REDWINE AND SHERRILL
By_
Gerald D. Shoaf
Date:1 , 2013
ATTEST:
L
Susan Maysels
City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
By: MGNED IN COUNTERPART
M. Katherine Jenson, City Attorney
"CVWD"
COACHELLA VALLEY WATER
DISTRICT, a public agency of the'State of
Calif
By:
Its:
"City"
CITY OF LA QUINTA, a California
0
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and
year hereinaliove written.
Date: AN, 13 2013
APPROVED AS TO FORM
.,LDV'INE ArjD SHERRILLt
Gerald D.
2013
ATTEST:
SMEO IN COUNIERPAFEr
Susan Maysels
City Clerk
APPROVED AS TO ;rLP
RUTAN CI -
Katherine Jens City Attorney
0
"CV WD"
COACHELLA VALLEY WATER
DISTRICT, a public agency of the State of
Calif
%�
By:
lts:
"Cit,$
CITY OF LA QUINTA, a California
municipal corporation and charter city
By: SUMM IN COUNTERPART
City Manager
EXHIBIT LIST
EXHIBIT "A" NON -SUBSIDED PORTION OF THE
COACHELLA CANAL
EXHHiIT "B" PROJECT ALTERNATIVES
EXHIBIT "C" SCHEDULE
EXHIBIT "D" EXISTING COACHELLA CANAL ROW
EXHIBIT "E" NEW PERMANENT COACHELLA
CANAL ROW
EXHIBIT "F" TEMPORARY CONSTRUCTION
EASEMENT(S)
EXHIBIT "G" LETTER OF CONSENT
10
EXHIBIT "A"
TO CONSTRUCTION AGREEMENT
NON -SUBSIDED PORTION OF THE
COACHELLA CANAL
11
COACHELLA CANAL
NONS gIDWCAM
L EXHIBIT A
k 9- A: i
: . . :, a
12
EXHIBIT "B"
TO CONSTRUCTION AGREEMENT
PROJECT ALTERNATIVES
13
DESCRIPTION OF THE TWO DESIGN ALTERNATIVES
Description of the proposed future construction project
The proposed future construction project is intended to correct major flow deficiencies associated with the existing
Coachella Canal starting at Mile Post 120.3 and extending south through the PGA West Residential development.
The loss of capacity within the existing open canal is the result of differential settlement between the section of the
canal on the desert floor and the section of the canal that comes into close proximity with the Santa Rosa Mountains
south of Avenue 53 and west of Jefferson Street (the "Non -Subsided Portion"). Due to the grade differences
between its subsided portion and Non -Subsided Portion the canal has lost over 5001a of the original capacity that it
was designed to convey.
As a result of work by the CV WD and Agency Staff, two design alternates will be evaluated as a part of this
Agreement to correct the flow capacity issues and are described as follows.
The proposed underground piping option (i.e., Jefferson Street Alignment) generally follows Jefferson Street along
the western parkway, starting at the intersection with the Coachella Canal and proceeding south to the intersection of
Avenue 54. North of Avenue 54, the proposed circular pipe, with the final diameter to be determined through the
preliminary design effort described within the agreement, will bend to the west along the north side of Avenue 54.
East of the existing canal, the proposed pipeline will curve southward and connect to the existing canal at a newly
constructed drop structure located at Mile Post 121.8. This option will require the relocation of the existing L-4
Pump station, which is currently located 0.5 mile west of Jefferson Street, to a location closer to Jefferson Street,
which will also be the location of an inlet structure for the open canal to closed conduit system conversion. In
addition to the above mentioned construction, this option will require the relocation and reconnection of four active
irrigation laterals and reconstruction of the drop structure at the lower end to facilitate the lowering of the
conveyance system with a new lower outlet elevation. The existing canal section would be abandoned, and removed
to the extent necessary, and the surrounding area would be re-established to conform to the existing condition.
The second option (i.e., Parallel Canal) would reconstruct an open canal, parallel and west of the existing canal
within the current canal easement right of way. The flow line of the proposed canal would be lowered to compensate
for the subsidence to the east and north of the Non -Subsided section as described above. In addition, the capacity of
the proposed canal would be designed to convey a flow 25% greater than the original design capacity to account for
any future subsidence. To obtain the additional capacity as described above, the overall depth of the canal would be
increased from the current design of 8.25'. This parallel canal would start approximately a quarter mile south of the
L4 Pump Station and reconnect to the existing canal section at the drop structure at Miles Post 121.8. This new
canal section would require reconnection of one irrigation lateral to the proposed canal section, reconstruction of the
drop structure to facilitate the lowering of the outlet elevation, removal and backfill of the concrete canal section and
re-establishment of the surrounding area to the existing condition.
14
EXHIBIT "C"
TO CONSTRUCTION AGREEMENT
SCHEDULE
15
LONLI
I hEIIN
PROJECT SCHEDULE
July 23, 2013
City receives bids on irrigation relocation project (Complete)
August 6, 2013
City awards irrigation relocation project (Complete)
September 15, 2013
Biological Study is complete (Complete)
September 30, 2013
City's irrigation relocation project is complete (Complete)
October 16, 2013
CVWD submittal of Bio Report to CDFW (Complete)
October 31, 2013
Cultural Resources Reports are complete (Complete)
November 1, 2013
Cultural Resources Reports submitted to USBR (Complete);
November 5, 2013
Parallel Canal Plans are complete, USBR submittal of Bio
Report and 95% Design plans to USFWS (Complete)
December 15, 2013
Secure State Historic Preservation Office (SHPO) approval of
Cultural Resources findings, CVWD-CDFW Bio coordination
completed, USBR-USFWS Bio coordination completed,
Draft NEPA EA submitted to USBR for processing/approval
December 16-20, 2013 Draft CEQA MND to CVWD EAC, CVWD distributes CEQA
MND for 30-day comment period, USBR begins NEPA EA 30-
day review period
January 20, 2014
CEQA MND 30-Day comment period is complete, USBR
NEPA EA 30-day review complete
January 28, 2014
CEQA MND goes to Board for approval to complete CEQA,
NEPA EA approved by USBR (Finding of No Significant
Impact signed to complete NEPA)
January 29, 2014
CVWD advertises project and solicits bids
February 28, 2014
CVWD receives construction bids
March 25, 2014
CVWD awards construction contract
April 7, 2014
CVWD provides Notice to Proceed to contractor
May 1, 2014
Construction of canal relocation begins
September 1, 2014
Construction of canal relocation is complete
* Contractor is permitted to begin work on haul roads, construction staging area, and material storage area
(temporary construction zones)
16
EXHHHT"D"
TO CONSTRUCTION AGREEMENT
EXISTING COACHELLA CANAL ROW
17
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EXHIBIT "D"
EXISTING COACHELLA CANAL ROW
I
USBR PARCEL
C-339-A-RI
SEE SHEET 3
I
I
USBR PARCEL _
C-339-B-RI
SEE SHEET 4
MID -SECTION LINE
USBR PARCEL �I
C-339-R1 I
SEE SHEET 5 I
USBR PARCEL
C-340
SEE SHEET 6
{17
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AVENUE
NON DESIGNATED
USBR PARCEL
SEE SHEET 2
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17
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SEE SHEET 7
COACHELLA VALLEY WATER DISTRICT
COACHELLA, CALIFORNIA
SECTIONS 8 AND 17, T.M. R.7E., S.B.M.
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EXHIBIT "E"
TO CONSTRUCTION AGREEMENT
NEW PERMANENT COACHELLA CANAL ROW
25
EXHIBIT E
OF THE CONSTRUCTION AGREEMENT
BETWEEN CVWD AND THE CITY OF LA QUINTA
SILVERROCK CANAL
WATER CONVEYANCE SYSTEM
NORTH I/4CORNER 52NO AVENUE
EXISTING
COACHELLACANAL
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26
EXHIBIT "F"
TO CONSTRUCTION AGREEMENT
TEMPORARY CONSTRUCTION EASEMENT(S)
27
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EXHIBIT "G"
TO CONSTRUCTION AGREEMENT
LETTER OF CONSENT
29
. 0322.12
United States Department of the Interior �0655.
BUREAU OF RECLAMATION
Ymm Am ORke
"„ N6A�� 64 DUPLICATE
■eewreesiu
YAO-7120
ORIGINAL
LND-6.00
Contract No. 04-07-34-L1379
Mr. Mark Weiss
Assistant Executive Director
La Quints Redevelopment Agency
City of La Quinta
P.O. Box 1504
La Quints, CA 92253
Subject: City of'La Quints (Consentee)- Letter of Consent
(Letter) - Contract No. 04-07-34-L1379 - Installation,
Maintenance, and Operation of Facilities for
Silverrock Ranch Golf Resort - Boulder Canyon Project,
All -American Canal System, -Coachella Division,
California
Dear Mr. Weiss:
This is in reference to your Right -of -Use Application of
March 10, 2004, requesting permission to use the Bureau of
Reclamation's (Reclamation) right-of-way for the Coachella Canal
(Canal) in conjunction with the Consentee's development of the
Silverrock Ranch Golf Resort (Project). The proposed use will
include grading and landscaping, boring under the Canal for
utility crossings, and installing three golf course bridges
across the Canal. The Project is located between Avenue 52 and
Avenue 54 west of Jefferson Street in La Quint&, California,
within portions of sec. 6, T. 6 S., R. 7 E.,, San Bernardino
Meridian, and is shown on Exhibits A, B, and C which are
enclosed and made a part of this Letter.
Reclamation and Coachella Valley Water District (District) have
no objections to the subject request, provided that the
Consentee complies with the conditions hereinafter'stated:
1. The Consentee hereby agrees to hold harmless and indemnify
the United States, its employees, agents, successors, or
assigns from and against any claims, demands, costs, losses,
causes of action, damages, or liability of whatsoever kind or
nature arising out of or resulting from acts or negligenge of
06070E-1-006
060708-2-1=
060708-3—SEE
060708-4—MM
30
the Consentee, its officers, agents, or employees in.the
utilization by the Consentee of the rights granted to it
pursuant to this Consent. Additionally, except for acts of
negligence, the Consentee releases the United States, its
officers, employees, successors, and assigns from any and all
liability for damage arising from injury to persons or damage
to structures, equipment, improvements, or works of the
Consentee resulting from the construction, operation, or
maintenance of any of the works of the United States.
Provided, however, that nothing contained in this clause shall
be deemed to modify or limit any liability which may be imposed
by the Federal Tort Claims Act, 28 USC, Section 2617 at
seq.(1970).
2. .Consentee may not allow contamination or pollution of
project lands, waters or project works of the United States and
for which the Consentee has the responsibility for care,
operation, and maintenance by its .employees or agents and
shall take reasonable precautions to prevent such
contamination or pollution by third parties. The Consentee
shall comply with all applicable Federal, State, and local
laws and regulations, and Reclamation policies and
instructions, existing or hereafter enacted or promulgated,
concerning any hazardous material that will be used, produced,
transported stored, or disposed of on or in project lands,
water or project works of the United States. Upon discovery
of any event which may or does result in contamination or
pollution of project lands, water, or project works of the
United States, the Consentee shall initiate emergency measures
to protect human health and safety, and the environmant if
necessary and shall provide notice of such discovery with full
details of the actions to Reclamation. In the case of any
emergency involving the Canal, or the right-of-way,
Consentee will immediately notify Reclamation's Yuma Area
Office, Hazardous Materials Team Leader at telephone
No. 928-343-8100.
3. Consentee will maintain and ensure a sanitary work site
(clear of debris and physical hazards) within the subject
right-of-way during the term of this Letter.
4. Reclamation and the District retain all rights previously
reserved and the -authority to.enter upon the subject
right-of-way and perform any improvements or repairs to the
Canal.
5. The Consentee and/or its contractors are responsible for
securing all required permits prior to commencement of all
31
3
authorized construction activities within the subject
right-of-way.
6. The. Consentee will notify Reclamation at telephone
No. 928-343-8100 and the District at telephone No. 760-398- 2651
at least five (5) working days prior to installation of the golf
course bridges across the Canal to allow for the scheduling of
an inspector or inspectors to be on site at the time of
installation.
7. In the event that the Consentee is not the underlying
owner of the proposed crossing, it shall be incumbent on the
Consentee to secure permission of the underlying fee owner(s)
for approval to enter upon, cross, or use Reclamation's
right-of-way.
S. After completion of work the Consentee shall furnish
Reclamation 'and the District with "As Built' drawings.
In addition, the Consentee will be, solely liable for any damages
incurred to the subject Canal or related facilities resulting
from the use of the right-of-way. In the case of any emergency
involving the subject Canal, we request immediate notification
to our office at telephone No. 928-343-8100 and to the District
at telephone No. 760-398-2651.
If this Letter is satisfactory, please execute the original and
the two duplicate originals. Please return the original and the
two duplicate originals to Reclamation along with a resolution
authorizing the signature.
If you have any further questions or concerns regarding this
matter, please contact Ms. Peggy Haren at 928-343-8547.
Enclosures
Sincerely,
CCC/11
C his Hoeft, Director
Resource Management Office
32
.Concurs
COACHELLA VALLEY WA R DISTRICT
By:
�Jjsk--�
Steve Robbins
Title: .x■t waver -Chief EeRJUNer
Date: 6/9/04
LA QUINTA REDEVELOPMENT AGENCY
CITY OF LA QUINTA
By:
Title: Itha-3Teterserl
Date: 5-()-64
cc: Mr. Doug Franklin
The Keith Companies
73-733 Fred Waring Drive,
Suite 100
Palm Desert, CA 92260
(w/encls)
4
33
Redevelopment Agency MArutes 2 January 6, 2004
APPROVAL OF MINUTES
MOTION - It was moved by Board Members Sniff/Adolph to approve the
Redevelopment Agency Mieutea of December 16, 2003 as submitted.
Motion carried unanimously with Board Member Perkins ABSENT.
CONSENT CALENDAR
1. ' • APPROVAL OF DEMAND REGISTER DATED JANUARY S. 2004.
2. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
MCKENNA ET AL. FOR ARCHAEOLOGICAL MONITORING SERVICES
FOR SILVERROCK RANCH.
3. APPROVAL TO"AWARD A CONTRACT REGARDING THE SILVERROCK
'RANCH TREE RELOCATION PROGRAM PROJECT NO.2002.07A. '
MOTION - It was moved by Board Members Sniff/Adolph to approve
the Consent Calendar so recommended. Motion carried unanimously
with Board Member Perkins ABSENT.
BUSINESS SESSION
1. SELECTION OF THE REDEVELOPMENT AGENCY CHAIRPERSON AND
VICE CHAIRPERSON FOR THE CALENDAR YEAR 2604.
There were no changes to the staff report as submitted end on file in
the City Clerk's Office.
Chairperson Henderson declared the Chair vacant and nominations
were opened by Acting Chairman Sniff.
Board Member Adolph nominated Board Member Henderson.
MOTION - It was moved by Board Members Adolph/Osbome to dose
nominations and elect Board Member Henderson as Chairperson for
Calendar Year 2004. Motion carried unanimously with Board Member
Perkins ABSENT.
Nominations were opened for Vice Chair, and Board Member Sniff
nominated Board Member Perkins.
34
„Q+ IN THE CITY OF LA QUINTA, STATE OF CAUFORNIA ,EXWAA
SILVERROCK RESORT
GOLF CART BRIDGE PLANS
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United States Department of
BUREAU OF RECLAMATM
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AM 2 4 M
Mr. Mark Weiss
Assistant Executive Director
La Quinta Redevelopment Agency
City of La Quints
P.O. Box 1504
La Quints, CA 92253
Contract No. 04-07-34-L1379
Piles 0322.12
060706-
060708-
Subject: City of'La Quinta (Consentee) - Letter of Consent
.(Letter) - Contract No. 04-07-34-L1379 - Installation,
Maintenance, and Operation of Facilities for
Silverrock Ranch Golf Resort - Boulder Canyon Project,
All -American Canal'System, Coachella Division,
California
Dear Mr. Weiss:
Enclosed for your files is a fully executed duplicate original
of the above referenced Letter, Contract No. 04-07-34-L1379.
The Letter allows the Consentee to use Reclamation's
right-of-way.for the Coachella Canal in conjunction with the
development of the Silverrock Ranch Golf Resort located in
La Quints, California, as outlined in the terms of the Letter.
Please be reminded that all construction activities authorized
by the Letter must be coordinated with the Coachella Valley
Water District prior to the commencement of those activities..
If you have any questions concerning the Letter, please contact
Ms. Peggy Haren, Realty Specialist, at telephone No. 928-343-8547.
Enclosure
SCANNED
blab/o¢
Sincerely,
CMHIA HOER
Cynthia Hoeft, Director
Resource Management Office
47
cc: Steve Robbins
eneral Manager
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
(w/encl)
Mr. Doug Franklin
The Keith Companies
73-733 Fred Waring Drive, Suite 300
Palm Desert, CA 92260
(w/encl)
48
Inter -office Memo
SUBJECT: Canal Mainteoence at Silver Rock DATE: 7/25/2005
Ranch Golf Resort
FROM: Michael Schaefer
TO: Mark Johnson FILE M 0322.12
060708
Preamble
Staff met a Trades�Deparonent to the terms of the Bureau of Reclamation (BOR) Letter of
Contract No. 04 07-34-L1379) for imtellation, maintenance, and operation of facilities for the
Sil lfResort. See at copy of Letter of Consent
Executive Summary
The tams of the Letter of Consent between the BOR and the City of La Quints EDA do not Specifically outline
the tams to operate and romove,siilt Sum the canal t'aalitias for the Silver Rock Ranch golf Resort, The Darns of
the Letter of Consent state that the, "Reclamation and the district retain all rights previously reserved and the
authority to enter upon the subject right of way and perform nay improvements or repairs to the canal. -
However, there arc no specific terms that identify the following:
• When to remove silt Som the canal, and
• When to remove silt from the L-4 Pumping vault, and
• How to handle the silt after it is removed, and
• Who is responsible for the coats to tramsport the silt, and
• Who is responsible for the costs to repair damages during the silt removal process!
The projaxed costs to remove silt within the Silva Rode project should be approximately $85,000 per
occtn cam
Staffintemda to prepare a Memorpndum of Undastamding with the city of 1A Quints EDA eoncaaing the tams
to remove silt from the canal and outline each agencies rive oosL
Background
The BOR does not own the land in fee for the canal at this location. The Bureau of Reclamation (BOR) only
has a reserved easement on the patent deed.
The aM vM have io be dredged Gem the canal a d paW ateag the edge of the aml tier several days wbile the material dries Once.
dried it will have to be hailed away,
tar fte awwaet eaW WMYAW
49
The Bureau of Land Management Bi lui? OngMdIY owed the land. The BLM issnied BOR a Right of Way
Grant for its facilities to be there. The BUM then patients the lands out (sells the land to the public). The BOR
Right of Way Grant then acts as an aecunbtance which rums with the land, but because the BOR only has an
easement tbeii only authorization is to the consent of the land by the fee dde bolds: There are only two
properties like this in the valley, the Hills development and Silver Rock Ranch
Discussion
Within 5 yeas we can expect to clean the csmd within the Silva Rock Ranch golf Resort development. The
projected costs to remove this silt within the Silva Rods projed should be approximately $85,000. The 1A
Pumping vault needs to be cleaned on a bi-annual basis at a cost of $12,000 per occrureooe. Should the L-4
Pumping vault excess a silt level in excess of 2 feet it will plug the newly installed mder and the district will
not be able to provide Silva Rock with canal water. Historically, silt, will exceed fats (4) fed in depth per year
in the pumping vault.
Direction
Staff intends to prepare a Memorandum ofUndestanding with the city of La Quint EDA concerning the tams
to remove silt from the card and which agency is responsible for what Costs: The tame of the Agreement will
outline the following:
1. When the silt will be mmoved, and
2. How the silt will be handled throughout the removal process, and
3. Who is responsible for each respective Cost.
4. The OFUMent will be submitted for review and approval to Redwine and Sha rill
Submitted by
Michael Schaefer
50