2019 IID - Utility Relocation & Reimbursement Project 2009-04taCkgrai
— GEM of the DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Analyst
DATE: March 6, 2019
RE:
Utility Relocation and Reimbursement Agreement between the
City of La Quinta and Imperial Irrigation District for Dune Palms
Road Widening Project No. 2009-04 in an amount not to exceed
$141,000.
Attached for your signature is the utility relocation and reimbursement agreement
referenced above.
Please sign the attached agreement(s) and return to City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 401-0000-60188-091004-CT
X Amount of Agreement, Amendment, Change Order, etc.: $141,000.00
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
X A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
X Approved by the City Council on 3/5/19
City Manager's signature authority provided under Resolution No. 2018-014 for budgeted expenditures
of $50,000 or less. This expenditure is [Council, Director, etc]
Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
N/A Insurance certificates as required by the agreement (approved by Risk Manager on
N/A Performance bonds as required by the agreement (originals)
N/A City of La Quinta Business License number
N/A A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance (Sandra)
date)
UTILITY RELOCATION AND
REIMBURSEMENTAGREEMENT BETWEEN THE CITY
OF LA QUINTA AND IMPERIAL IRRIGATION DISTRICT
(DUNE PALMS ROAD WIDENING PROJECT)
This Utility Relocation and Reimbursement Agreement ("the Agreement") is entered into
between the City of La Quinta ("La Quinta") and Imperial Irrigation District ("IID") as of the
date the Agreement is fully executed ("effective date"). La Quinta and IID are referred to below
collectively as the "Parties."
RECITALS
A. WHEREAS, the City of La Quinta has proposed to widen a portion of Dune
Palms Road between Blackhawk Way / Westward Ho Drive and North edge of the "Coachella
Valley Stormwater Channel" ("the Road Project") as depicted on the schematic attached hereto as
Exhibit "A." The Road Project will require the relocation of IID infrastructure ("the Facilities");
and
B. WHEREAS, the Facilities to be relocated consists of 900 ft. of (4) 397.5 wires, seven
(7) Distribution poles and the equipment attached to said poles
C. WHEREAS, La Quinta has requested that the Facilities be undergrounded and is
agreeable to bear the cost of trenching, placement of conduit and structures, conduit encasement
and backfill, ( the "City's Undergrounding Cost"); and
D. WHEREAS, IID has estimated the cost of relocating and undergrounding the Facilities
beyond the City's Undergrounding Cost to be in excess of $280,000.00 ("the Pole Relocation
Cost"); and
E. WHEREAS, the Parties hereto agree to share the Pole Relocation Cost as provided for
herein;
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The above Recitals are incorporated herein by this
reference.
2. Relocation Obligations.
a. La Quinta. La Quinta shall, at its sole cost, conduct necessary trenching,
placement of conduit, and structures, conduit encasement and backfill as set forth in plans
provided by IID.
b. IID. IID shall construct underground facilities consistent with the
schematic attached as Exhibit "B."
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1819206v3
c. Cost. The Pole Relocation Cost is estimated at $280,000.00. La Quinta
agrees to reimburse IID for a portion of the Pole Relocation Cost in the amount of $141,000.00.
The Reimbursement Cost shall be paid to IID within 45 calendar days of receipt of a complete
invoice package including backup materials.
d. Relocation Flark Required IID shall complete the following relocation
work ("IID Facilities)
• Remove seven (7) wood poles and the equipment attached to said
poles.
• Provide engineering services for conduit design and the necessary
underground inspections as required. Install underground cable,
equipment and cut overs.
3. Reimbursement. Within 45 calendar days of receipt of a complete invoice
package for the improvements, including backup materials, La Quinta shall pay to IID half of
the total cost of the Pole Relocation cost, up to and not exceeding $141,000.00 unless the
Relocation Project is modified at La Quinta's request. .
4. Plans, Permits, Implementation and Contacts.
a. Plans and Specifications. IID shall provide to the City of La Quinta a
completed copy of the plans and specifications for relocation of the Facilities. La Quinta shall
review and approve all IID plans for the IID Relocations within La Quinta's jurisdiction. It is
the desire of the Parties that the construction be completed on or about the first quarter of 2019
("Anticipated Completion Date"). IID has previously provided La Quinta with plans and
specification for the construction work to be conducted by La Quinta as set forth in Section 2(a)
above. Upon the Parties approval of said plans, la Quinta may initiate the referenced work. Upon
inspection and approval of the referenced work by IID, IID will schedule its construction of the
work as described in Section 2(b). The Parties shall use their best efforts and good business
practices to meet the Anticipated Completion Date.
b. CEQA. An Initial Study/Mitigated Negative Declaration was prepared for
the project pursuant to CEQA. No further environmental review is required.
c. Agreement Management. Management and administration of the terms
expressed herein shall be performed by IID for the IID Relocations. IID agrees to designate
Carlos Puente (760-275-3113)as the primary contact for IID in connection with this Agreement.
La Quinta agrees to designate Bryan McKinney, P.E., City Engineer, (760-777-7045) as the
primary contact for La Quinta in connection with this Agreement.
d. Grant of Encroachment Permit. Prior to IID initiating the relocation work,
the City of La Quinta shall grant to IID an Encroachment Permit, satisfactory to IID and
sufficient to allow the relocation work to be conducted and maintained upon completion.
5. Inspections.
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1819206v3
a. IID shall provide all field inspections in connection with the IID
Relocations.
b. IID's inspection personnel shall have the authority to enforce IID's
construction plans and specifications for the IID Relocations, including the City of La Quinta's
civil portion of work and any other associated work that may be within the limits of the Dune
Palms Road Widening Project Improvements.
c. IID shall allow the representatives of La Quinta to inspect or review the
progress of the IID Relocations at any reasonable time in order to determine whether IID is
satisfying the terms of this Agreement.
6. Insurance.
a. Insurance Requirements. IID shall require its contractors and
subcontractors to obtain insurance of the types and in the amounts described below and
reasonably satisfactory to La Quinta. Notwithstanding any other provision of this Paragraph 6,
it is understood and agreed that IID is self -insured to the satisfaction of La Quinta.
b. Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than two
million dollars ($2,000,000) per occurrence. If such insurance contains a general aggregate
limit, it shall apply separately to the IID Relocations or be no less than two times the occurrence
limit. Such insurance shall:
i. Name La Quinta, and their respective officials, officers,
employees, agents, and consultants as insured with respect to performance of the services on the
IID Relocations and shall contain no special limitations on the scope of coverage or the
protection afforded to the above insured parties.
ii. Be primary with respect to any insurance or self insurance
programs covering La Quinta and/or their respective officials, officers, employees, agents,
attorneys and consultants; and
iii. Contain standard separation of insured provisions.
c. Business Automobile Liability Insurance. Business automobile liability
insurance or equivalent form with a combined single limit of not less than two million dollars
($2,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non -
owned vehicles.
d. Professional Liability Insurance. Errors and omissions liability insurance
with a limit of not less than two million dollars ($2,000,000). Professional liability insurance
shall be required only for design or engineering professionals.
e. Workers' Compensation Insurance. Workers' compensation insurance
with statutory limits and employers' liability insurance with limits of not less than two million
dollars ($2,000,000) per each accident.
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1819206v3
7. Reciprocal Indemnification.
a. La Quinta agrees to indemnify, defend, and hold harmless IID, their
respective officers, employees, agents and attorneys from and against any claims, actions,
damages and liabilities arising out of or in any manner connected with any negligent or willful
misconduct resulting from the action of La Quinta pursuant to this Agreement. No provision of
this Agreement shall any way limit the extent of the responsibility of IID for payment of
damages from their own respective activities, errors or omissions in connection with such party's
duties and obligations under this Agreement.
b. IID agrees to indemnify, defend, and hold harmless La Quinta, their
respective officers, employees, agents and attorneys from and against any claims, actions,
damages and liabilities arising out of or in any manner connected with any negligent or willful
misconduct resulting from the action of IID pursuant to this Agreement. No provision of this
Agreement shall any way limit the extent of the responsibility of La Quinta for payment of
damages from their own respective activities, errors or omissions in connection with such party's
duties and obligations under this Agreement.
8. Notices. All notices and demands will be given in writing by certified or
registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices
will be considered given upon the earlier of (a) two business days following deposit in the United
States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business
day following deposit with an overnight carrier service. The parties will address such notices as
provided below, or as may be amended by written notice:
LA QUINTA: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attention: Frank J. Spevacek, City Manager
COPY TO: Rutan & Tucker
Attention: William H. Ihrke, City Attorney
611 Anton Boulevard, 14th Floor
Costa Mesa, California 92626-1931
IID: Imperial Irrigation District
333 E. Barioni Boulevard
Imperial, California 92251
Attention: Henry Martinez, General Manager
9. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only
when duly executed by all of the Parties.
b. Authority to Bind. The undersigned individuals hereby warrant and
represent that they each have full legal authority to sign this Agreement and bind the respective
party hereto.
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1819206v3
c. Applicable Law. This Agreement will be construed and interpreted under,
and governed and enforced according to the laws of the State of California.
d. Entire Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter of this Agreement. No subsequent agreement,
representation or promise made by either party hereto, or by or to any employee, officer, agent or
representative of either party, will be of any effect unless it is in writing and executed by the
party to be bound thereby. No person is authorized to make, and by execution hereof each of the
Parties acknowledges that no person has made, any representation, warranty, guaranty or
promise except as set forth herein; and no such agreement, statement, representation or promise
that is not containedhereinwill be valid or binding on any of the Parties.
e. Successors and Assigns. This Agreement will be binding upon and inure
to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto.
f. Time of Essence. Each of the Parties acknowledges that time is of the
essence in this Agreement.
g. Counterparts and Facsimile and Electronic Signatures. This Agreement
may be executed simultaneously in one or more counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. For purposes of
this Agreement, facsimile and electronic signatures will be deemed to be original signatures.
h. Remedies Not Exclusive and Waivers. No remedy conferred by any of the
specific provisions of this Agreement is intended to be exclusive of any other remedy and each
and every remedy will be cumulative and will be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The
election of any one or more remedies will not constitute a waiver of the right to pursue other
available remedies.
i. Independent Review/Interpretation and Construction. Each of the Parties
has reviewed this Agreement and each has had the opportunity to have its respective counsel
review and revise this Agreement. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party will not apply in the interpretation of this Agreement or
any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine
and masculine, and singular number includes the plural, and the words "person" and "party"
include corporation, partnership, firm, trust, or association wherever the context so requires. The
recitals and captions of the sections and subsections of this Agreement are for convenience and
reference only, and the words contained therein will in no way be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
j. Attorneys' Fees. If any of the Parties hereto incurs attorneys' fees in order
to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or
because of a breach of this Agreement by the other party, the prevailing party, whether by suit,
negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from
the other party.
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1819206v3
k. Severability. If any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining provisions will not be affected, and the rights and obligations of the Parties will be
construed and enforced as if this Agreement did not contain the particular part, term or provision
held to be invalid.
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1819206v3
City of La Quinta, a municipal corporation
Dated: March 12, 2019
ATTEST:
By: dr
Monika Radeva, City Clerk
APPROVED AS TO FORM:
By: `LeZe.. .-- -----
William H. Ihrke, City Attorney
Imperial Irrigation District
Digitally signed by Frank J. Spevacek
DN: cn=Frank J. Spevacek, o=City of
La Quinta, ou=City Manager,
email=fspevacek@Ia-q u i nta.o rg,
c=US
By: Date: 2019.03.12 13:49:01 -07'00'
Frank J. Spevacek, City Manager
Dated: By:
Henry Martinez, General Manager
ATTEST:
By:
Gloria A. Rivera, Secretary to the Board
APPROVED AS TO FORM:
By:
Robert A. Laurie
Assistant General Counsel
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1819206v3
City of La Qointa, a municipal corporation
Dated: _ _ By:
Frank J. Spevacek, City Manager
ATTEST:
By:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
By:
William H. Ihrke, City Attorney
Imperial Irrigation District
Dated:
ATTEST:
B
--5/13 /17
By:
A
Henry Martinez, General Mana
ria A. Rivera, Secretary to the Board
pQrx 4-pp►'oved 3_1a- /
APPROVED AS TO FORM:
By:
Robert A. Laurie
Assistant General Counsel
er
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l819206v3
EXHIBIT A
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[ORIG. E.C. LIMITS
l"J 1 I I I I I I I I I I I I I I I I I I I I I I I 1 I
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LA QUINTA
HIGH SCHOOL
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,
in I DUNE PALMS
' I- MOBILE ESTATES
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LEGEND
EX. ST. RJW
PROP. ST. R/W
PROP. C&G
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KINGDOM HALL
OF JEHOVAH'8
WITNESS
PROP. RESTRIPING
PROP. SIDEWALK
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min
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/ORIG. E-C. LASTS
PR.Cla 17' 1-PFLSWSI ,7. '- PR. RAN
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53'
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Ex caGJ,
DUNE PALMS ROAD TYPICAL SECTION
ULTIMATE SECTION - BRIDGE & NORTH
I g:3-1
STRIPING TO TAPER
BACK TO EXISTING
•.AFTffi LEFT T URH LAME
2J GISY OF LA OUINTA -
• CITY OF INOIO-
10
ro
120
SCALE 1-40'
DUNE PALMS ROAD WIDENING
PRELIMINARY STREET LAYOUT
PREPARED FOR:
IID COORDINATION MEETING
MARCH 28, 2016
EXISTING ENERGIZED
UNDERGROUND CABLE.
EXISTING ENERGIZED
UNDERGROUND CABLE
WESTWARD HO DR
EXISTING ENERGIZED
,.'UNDERGROUND CABLE
® .
1?](16`f1NG—�
SERVICE
CUSTOMER TO -
INTERCEPT
EX. 1-2" CND.
EXISTING ENERGIZED
itNOERIYTWNO
CUSTOMERTD--
INTERCEPT
EX. 1-6" CND.
01605C-21
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CNDS (E-P)
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PRIMARY RISER
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CNDS 3-6
CNDS (A4L)
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CNDS (3-5)
EXHIBIT B
VAULT DETAIL:
OL1Zy.
1
VAULT; UN1238245H
LOOKING:NORTH
VAULT DETAIL
4�4�^^--
S`rrl i.
VAULT: UN12370105
LOOKING NORTH __
VAULT DETAIL:
-J.
W7SIDE
?gip
VAULT:UN1094800H
LOOKING:NORTH
VAULT DETAIL:
VAULT:UN1237911H
:LOOKING:NORTH
VAULT DETAIL:
I •
�
I A
d
' I
0 4
I .
NOTE:
IPL BOX,
CUSTOMEREXISTNGUL
TO FIELD
VERIFY ACTUAL KNOCKOUT
▪ AVAILABILITY
VAULT: UN1237909S
-__
LOOKING:NORTH_
^ CONDUIT NOTES:
INSTALL 1-2" CND SCH 40 PVC PER SHOWN LENGTH
/16 (REFER TO SHEETS 10.11,104-105, 107-110, 112-115 OF THE D E.P.G. REV.4.7 2018)
INSTALL 1J' CND SCH 40 PVC PER SHOWN LENGTH
(REFER TO SHEETS 10-11,104-105, 107-110, 112-115 OF THE D E P.G REV.4.7 2016)
INSTALL 14- CND SCH 40 PVC PER SHOWN LENGTH
(REFER TO SHEETS 10.11,104-105, 107-110, 112-115 OF THE D E P G. REV 4 7 2018)
R \ INSTALL 2.5" CND SCHAO PVC PER SHOWN LENGTH
p (REFER TO SHEETS 10.11,104-105, 107-110, 112-115 OF THE D E P.G. REV.4.7 2018)
/ L INSTALL 1-6" CND SCH 40 PVC PER SHOWN LENGTH
(REFER TO SHEETS 10.11,104-105 107-110. 112-115 OF THE D E P G. REV, 4 7 2018)
INSTALL 2-6 CND SCH 40 PVC PER SHOWN LENGTH
(REFER TO SHEETS 10-11.104-105 107-110, 112-115 OF THE DEPG. REV. 4 7 2018)
/� INSTALL 3.8' SCH 40 C R OWN LENGTH
/ p (REFER TO SHEETSCNDC
10-11,104-1PVPE05, 107.110,SH112-115 OF THE 0.E.P.G. REV.4.7 2018)
INSTALL 4-0- CND SCH 40 PVC PER OWN LENGTH.
(REFER TO SHEETS 10.11,104-105, 107-110,SH112-115 OF THE D.E P G REV. 47 2018)
1 GUST IN:1.6" X 90" SWEEP SCH B0 PVC 8 1-8' CND SCH BO PVC (101 ABOVE GROUND
AISEB (REFER TO SHEET 2420F THE DEPG REV 472018)
TRENCI _DETAILS
NOTE: ALL SECONDARY AND SERVICE RUNS STREET
CROSSING TO BE ENCASED IN A 2 SACK SLURRY
T pTPV.O. a W_ iLT9e•. aunt
A A 17BFER'TISE'11ETS T09■ 115 OF THE OEPG REV 4.72016
C C :WAR dna lc 115OFTHE DE PG REV.472018
2-4 PRI. DUCT CONC. ENCASED
• REFER TOSHEETS 70961150FTHE DEPO REV 4.720)8
PRI. DUCT CONC. ENCASED
E� REFERT09HEETS 1098115OFTHEDEPG REV 472018
COMPACTION i�MK FIU.1AUL(1 PR I '00C:
REFER TO SH[Ti1S 11q L 115 •�'TM�LP G REV 472018
TRENCHING NOTES:
TYPICAL: CONTRACTOR SHALL INSTALL
2- LINE GUARD TAPE (RED)
-CAUTION: BURIED ELECTRIC LINE BELOW.'
(REFER TO SHEET 1150F THE D E.P G REV. 472018)
TYPICAL: T FROM FACE OF CURB
TO CENTER OF TRENCH
CONDUITS SHALL BE INSTALLED WITHIN RN/
UNLESS OTHERWISE NOTES
(REFER TO SHEET 106 OF THE DEPG REV 4 7 2018)
STRUCTURE DETAILS:
O LA OUINTA SECONDARY BOX
REFER TO SHEET 1300F THE DEPG REV 4,72018
PRECAST PAD FOR SINGLE PHh5E TRANSFORMER
REFER TO SHEETS 151-152,1B7-1688197-1BB OF THE DEPG REV 472018
61 SR MEUM T QUIMEES
�- REFERTOBSUCTURE SHEETS 17DI1-172VAUL0F THEEDPE PGNT REV NCLO4720URE18
( LARGE SWITCH PAD
REFER TO SHEETS 179-18088197-198 OF THE DEPG REV.472018
STUB OUT MARKER DETAIL
REFER TO SHEETS 117811E OF THE DEPG REV.472018
PRIMARY RISER POLE
REFER TO SHEET 243 OF THE DEPG REV 472018
CURVE DATA TABLE
R RADIUS LENGTH
FEC: 25 0' 90. 39 26'
75.0 45" 19 83'
CAU Tc4 ENENGSTED STRUCTURES 4 CABLE
DO NOT PERFORM ANY TYPE OF WORK ON OR' AROUND ENERGIZED
STRUCTURES. A QUALIFIED IID ELECTRICAL WORKER MUST BE PRESENT AT
JOB SITE BEFORE ANY CONDUIT OR ANY TYPE OF WORK IS PERFORMED
PLEASE CONTACT I/O INSPECTION DESK AT
LA OUINTA @:(760) 39B-5B26 ; IMPERIAL 0):(760) 482.3300
INSPECTION SCHEDULES ARE SUBJECT TO A MINIMUM 48 HOI' OVANCE
NOTICE AND ARE BY APPOINTMENT ONLY