RFP - LQ Village Utilities Undergrounding Feasibility Study Project 2022-06 - Round 2- CALIFORNIA -
REQUEST FOR
PROPOSALS
VILLAGE UNDERGROUNDING
FEASIBILITY STUDY
PROJECT NO. 2022-06
DUE BY:
OCTOBER 25, 2022
BY 5 P. M .
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REQUEST FOR PROPOSALS / QUALIFICATIONS
The City of La Quinta (City) seeks proposals from qualified professional firms to
provide a Comprehensive Feasibility Study for the Village Undergrounding Feasibility
Study Project, City Project No. 2022-06.
Project/Services Title: Village Undergrounding Feasibility Study
Issue Date: September 26, 2022
DUE DATE: October 25, 2022
Requesting Department: Public Works Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals must be submitted via email, hand delivery, or mail. All proposals must bear original
or electronic signatures.
Submit (1) Work Proposal paper original in a sealed envelope and email an electronic
original, as a single document in a .PDF format.
AND
Submit (1) Cost Proposal paper original in a sealed envelope to the following contact:
City of La Quinta
Attn: Julie Mignogna, Management Analyst
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 - 7041
Email: jmignogna@LaQuintaCA.gov
Email Subject : RFP - Village Undergrounding Feasibility Study- 2022-06
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or
modifications will be considered. Proposals received after the due date and time are considered
non -responsive, and will be returned unopened.
3. PRE -PROPOSAL CONFERENCE, QUESTIONS OR REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFP must be submitted in writing
by October 12, 2022; and sent via email to Julie Mignogna, Management Analyst,
jmignogna@LaQuintaCA.gov.
4. ERRORS AND OMISSIONS
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If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP
or any of its attachments, he/she shall immediately notify the City of such error in writing and
request modification or clarification of the document. Modifications will be made by addenda.
Clarifications will be provided in writing to all parties who have submitted proposals or who have
requested an RFP for purposes of preparing a proposal, without divulging the source of the
request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error
in the RFP known to him/her, or an error that reasonably should have been known to him/her,
he/she shall submit a proposal at his/her own risk, and if he/she is awarded an agreement,
he/she shall not be entitled to additional compensation or time by reason of the error or any
corrections thereof.
5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written
request to Julie Mignogna, Management Analyst, jmignogna@LaQuintaCA.gov.
Withdrawn proposals will be returned unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal
as noted above and re -submitting anew before the Submittal Deadline.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the
submittal deadline. Addenda will be numbered consecutively and noted following the RFP title.
It is the proposer's responsibility to ensure they have incorporated all addenda. Failure to
acknowledge and incorporate addenda will not relieve the proposer from the responsibility to
meet all terms and conditions of the RFP and any subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion
of collusion among proposers, and may waive any immaterial deviation in a proposal. The City's
waiver of an immaterial defect shall in no way modify the RFP as published or excuse the
proposer from full compliance with the specifications if he/she is awarded the agreement.
Proposals referring to terms and conditions other than the City's terms and conditions as listed
in the RFP, may be rejected as being non -responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the
proposer to perform the work, and the proposer shall furnish to the City all such information and
data for this purpose as requested by the City. The City reserves the right to reject any proposal
if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such
proposer is properly qualified to carry out the obligations of the agreement and to complete the
work specified.
S. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to
cancel this RFP at any time, should the project be cancelled, the City loses the required funding,
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or it is deemed in the best interest of the City. No obligation, either expressed or implied, exists
on the part of the City to make an award or to pay any cost incurred in the preparation or
submission of a proposal.
9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement
process through written correspondence and discussions during the period in which clarifying
addenda may be issued. The City wishes to foster cooperative relationships and to reach a fair
agreement in a timely manner. Formal proposals for major professional and technical services
shall be governed by the City's Purchasing Policy.
10. NEGOTIATIONS AND FINAL AGREEMENT
The City's Professional Service Agreement is enclosed as Attachment 3 for review prior to
submitting a proposal. An agreement will not be binding or valid with the City unless and until
it is executed by authorized representatives of the City and of the selected proposer. At the
discretion of the City, any or all parts of the successful proposal shall be made a binding part of
the agreement.
11. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing
shall remain firm for the entire initial term of the agreement. Thereafter, any proposed pricing
adjustment for additional periods, if any, shall be subject to the terms of the agreement.
12. SELECTION PROCESS
Proposals will be reviewed by the City's Consultant Selection Committee. Consultants will be
selected for possible contract negotiations based upon the materials submitted within the Work
Proposal. A copy of the Proposal Evaluation Form is provided in Attachment 6. The Committee
may choose to interview two or more closely -rated firms but will not expect or schedule time for
elaborate presentations.
The City will open contract negotiations with the top ranked firm. The successful consultant will
be expected to enter into the City of La Quinta Professional Service Agreement. Should
negotiations with the top -ranked firm dissolve, the City of La Quinta will open the Cost Proposals
and begin contract negotiations with the second ranked firm, and so forth until an agreement is
reached. The successful consultant will be expected to enter into the attached Professional
Service Agreement (Attachment 2). Any exceptions taken by the Consultant on the standard
contract attached must be submitted in writing as part of its proposal to be considered.
13. RFP TIMELINE
RFP Issue Date:
September 26, 2022
Deadline for Proposers' Questions:
October 12, 2022
Proposals Submittal Deadline:
October 25, 2022
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Review for Responsiveness to RFP:
October 26 - 27, 2022
Complete Evaluations of Proposals:
October 27 - November 7, 2022
Conduct Interview (If Necessary):
November 8 - 10, 2022
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
November 14 - 18, 2022
City Council Consideration and Approval:
December 6, 2022
Agreement Effective Date and
Project Start Date
December 7, 2022
14.
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PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to
public inspection, unless the proposal or specific parts can be shown to be exempt by the
California Public Records Act [California Government Code §6250 et seq.]. Each proposer
may clearly label part of a proposal as "Confidential" if the proposer thereby agrees to
indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City will constitute a complete waiver of all claims for
damages caused by any release of the information. If a request for public records for
labeled information is received by the City, the City will notify the proposer of the request
and delay access to the material until seven working days after notification to the
proposer. Within that time delay, it will be the duty of the proposer to act in protection
of its labeled information. Failure to so act will constitute a complete waiver.
14.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be
released or retained [California Government Code §6254(a)].
14.3 Public Information:
All proposals will be opened on October 26, 2022, and will be made available to the
public upon request. By submitting a proposal, the proposer acknowledges and accepts
that the content of the proposal and associated documents will become open to public
inspection. The final, executed agreement will be a public document. Proposals and other
information will not be returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions
requested by the City, presentation to the City, travel in conjunction with such presentations, or
samples of items, shall be entirely the responsibility of the proposer.
16. INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT
Proposals must include a completed "Insurance Requirements Acknowledgment" form included
as Attachment 4 stating that, if selected, the proposer will provide the minimum insurance
coverage and indemnification noted in Exhibits E and F, respectively, of the City's Professional
Services Agreement.
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000(per accident
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Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
17. NON -COLLUSION AFFIDAVIT
Proposals must include an executed Non -Collusion Affidavit, included as Attachment 4, executed
by an official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who
is involved in the making of decisions which may have a foreseeable material effect on any City
financial interest pursuant to the City's Conflict of Interest Code and the California Political
Reform Act of 1974.
19. LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, local' shall be
defined as an individual, partnership, or corporation, which regularly maintains a place of
business within a 40-mile radius of the City.
20. CITY RIGHTS AND OPTIONS
The City reserves the right to:
• Make the selection based on its sole discretion;
■ Issue subsequent RFP;
■ Postpone opening proposals or selection for any reason;
■ Remedy errors in the RFP or in the RFP process;
• Modify the Scope of Services in the RFP;
• Approve or disapprove the use of particular subcontractors;
• Negotiate with any, all or none of the proposers;
• Accept other than the lowest offer;
• Waive informalities and irregularities in proposals;
• Request additional information or clarification;
• Request revisions during negotiations;
• Invite any consultant of its choosing to assist with the evaluation of proposal responses
or to provide the City with a second opinion
• Enter into an agreement with another proposer in the event the originally selected
proposer defaults or fails to execute an agreement with the City in a timely manner.
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REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified professional firms to provide a
Comprehensive Feasibility Study for the Village Undergrounding Feasibility Study Project, City
Project No. 2022-06.
I. INTRODUCTION
In 2010, a feasibility study was prepared that includes planning level estimated costs of the
conversion and an overview report explaining the use of Tariff Rule 20 funds in six specified
study areas within the City of La Quinta (Attachment 1). The City is now seeking an update
to the original undergrounding feasibility study in the locations specified in Attachment 2.
H. SCOPE OF SERVICES
1. The consultant shall provide all necessary services to provide a comprehensive
review, analysis and update to the previous undergrounding feasibility study, that
includes planning level cost estimates to underground the existing overhead
distribution system in the six locations identified in Attachment 2. Work will also
include an underground phasing plan for Area 2. Services required of the
consultant may include, but are not necessarily limited to:
2. Current Planning Level Cost Estimates
a. Prepare updated planning level cost estimates for typical properties in the
study areas identified on the Underground Assessment Map attached hereto.
The consultant shall choose a sample block within each of the study areas
and develop a planning level cost estimate for undergrounding the utilities.
b. The cost estimate shall include costs within the public right of way, costs on
private property to reconnect the utility services, and the factors, and cost
impact associated with those factors, that may cause the cost to vary on
private property. The result of this work objective, and that of the objective
listed in the previous paragraph, will result in an average cost per property
for re -connection on the property, plus cost components or factors that cause
individual property costs to fluctuate from the average cost, plus the cost for
improvements in the public right of way.
3. Consultant shall identify any special construction practices that would be required
and whether additional right of way would be required.
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4. Cost estimates shall include all costs associated with converting all overhead utility
lines (ie electric power, telephone, and cable tv) to underground facilities.
5. Consultant shall prepare a phasing plan for Area #2 identified in Attachment 2 for
the proposed conversion of overhead utility lines to underground facilities.
6. Prepare for and present at one (1) City Council Study Session
7. Conduct Stakeholder meetings with Imperial Irrigation District and any other
necessary utility and or business stakeholders.
8. Monthly Project Development Team (PDT) Meetings with all Stakeholders.
III. PROPOSAL FORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information
requested herein. Proposals should be straightforward, concise, and provide "layman"
explanation of technical terms that are used.
The City is seeking a separate Work Proposal and a separate Cost Proposal. The Cost Proposal
should be submitted as a hard copy clearly marked with the consultant's name, address, phone
number and email address, and PDF via usb drive. Given that this is a solicitation for professional
services, the City will rank the proposals based upon qualifications and then consider cost. Only
one proposal per consultant will be considered.
WORK PROPOSAL (Envelope 1) - submit one (1) hard copy and one (1) electronic PDF
via email or USB drive
Present the proposals in a format and order that corresponds to the numbering and lettering
contained herein, with minimal reference to supporting documentation, so that proposals can be
accurately compared.
Proposal shall be no more than 20 single -sided pages in a font no smaller than size 10. Items
NOT included in the 20-page count entail: Resumes, References, and Attachments 4, 5 and 6.
1. Cover Letter
Signed by an official authorized to bind the firm with name, address, phone number, and
email address of firm's contract person, location of firm's main office, location of the office
that would service this project, a validity statement that all information and pricing provided
in the proposal is valid for at least ninety (90) days, and a statement that any individual
who will perform work for the City is free of any conflict of interest.
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Firms Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Taxpayer identification number
(c) Number of years planning, construction, and design services
(d) Resumes of the Project Manager and key personnel who will be responsible for
performance if any agreement results from this RFP
(e) Firm ownership and if incorporated, list the state in which the firm is incorporated
and the date of incorporation
(f) If the firm is a subsidiary of a parent company, identify the parent company
(g) Statement of Qualifications - A listing of proposed personnel, including personal
experiences and individual resumes for prime and sub -consultants. Consultant's and
sub -consultant experience with similar work, including names and current phone
numbers of reference for listed projects.
(h) Project Understanding and Approach - A description of the firm's project
understanding and how the consultant team will approach the project.
(i) Scope of Work - A description of the tasks, sub -tasks, and deliverables that will be
provided. The Scope of Work should be presented in a logical format that can be
easily attached to the Professional Services Agreement.
(j) Project Schedule - A comprehensive Gantt Chart schedule is to be submitted
describing the nature and scheduling of proposed tasks and reflecting December 7,
2022 as the start date.
2. References of California government agencies (preferably cities)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date
(d) Staff assigned to each project by the firm
(e) Provide a summary of final outcome
3. Staffing and Project Organization
4. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a
proposer can demonstrate to the City's satisfaction that is in the best interest of the project
to permit a portion of the service(s) to be subcontracted by the proposer, it may be
considered. Provide details on the role of any subcontractor that will be used. Assignment
is prohibited.
S. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal
litigation or investigation pending, which involved the proposer or in which the proposer has
been judged guilty or liable within the last five (5) years. If there is no information to
disclose, proposer must affirmatively state there is no negative history.
6. Acknowledgement of Insurance Requirements (Attachment 4)
Proposals must include a written statement that, if selected, the proposer will provide the
minimum insurance coverage and indemnification noted in Exhibits E and F, respectively,
of the City's Professional Service Agreement included as Attachment 1.
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7. Non -Collusion Affidavit (Attachment 5)
Proposals must include an executed Non -Collusion Affidavit, executed by an official
authorized to bind the firm.
8. Acknowledgement of Addenda (Attachment 6)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of
Addenda.
COST PROPOSAL (Envelope 2) - Submit one (1) hard copy (DO NOT SEND COST
PROPOSAL VIA EMAIL)
1. Complete Pricing List (Task Based Detailed Fee Schedule)
Proposal shall include a task based detailed fee schedule for the services requested by this
RFP. Man-hours and extended billing rates per classification of personnel will be indicated
for each task and/or sub -task defined. In support of the task based detailed fee schedule,
the consultant shall include a detailed breakdown of costs including personnel,
classification/title, hours, and actual hourly rates.
2. List of Complementary Services Offered by Proposer along with Corresponding
Prices
ATTACHMENTS
1. 2010 Undergrounding Feasibility Study
2. Undergrounding Location Map
3. Draft Agreement for Contract Services
4. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
S. Non -Collusion Affidavit
Must be executed by proposer and submitted with the proposal
6. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
7. Proposal Evaluation Form/Criteria
ATTACHMENT 1
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City of La Quinta
Undergrounding Feasibility Study
Prepared for:
City of La Quinta
78-495 CaIle Tampico
La Quinta., CA 92253
February 17, 2009
Prepared by:
Butsko Utility Design, Inc.
74-130 Country Club Drive
Palm Desert, CA 92260
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ii■ U 1 ll.,11 `r ilt;tiit.::V, INC.
Table of Contents
Section 1: Project Overview
Section 2: Description of Study Areas
Section 3: Summary of Cost Estimates
Section 4: Study Area Reviews & Detailed Cost Estimates
Section 5: Review of Rules, Regulations, & Franchises Agreements
Section 1: Project Description
The project consisted of conducting a feasibility study for the possible
undergrounding of existing overhead distribution utility lines within the City of La
Quinta. The existing overhead utilities involved include: Imperial Irrigation District —
Electric, Verizon — Telephone, and Time Warner — Cable Television. Planning level
cost estimates were prepared for six study areas within the City. The study areas
evaluated include:
• Area 1—The Cove
® Area 2 - Downtown Commercial Area
9 Area 3 - Downtown Residential Area
Q Area 4 — Sagebrush
0 Area 5 — Highland Palms
• Area 6 —Westward Ho
A map of the Study Areas is included at the end of this section.
Field reviews were performed on each Study Area. Smaller sample areas were then
selected within each larger Study Area for additional detailed field review and
preparation of the cost estimates. The smaller sample areas were selected for their
field conditions that made them representative of the larger respective Study Areas.
The sample area cost estimates were then used as the basis of costs for the larger
corresponding Study Areas.
Upon completion of the field work, written descriptions and cost estimates were
prepared for each unique Study Area. A summary spread sheet with all of the Study
Areas was prepared which includes an estimate of each utility's costs, contractor
charges for trench and substructure installation, engineering and administrative
costs, and potential project financing costs.
The estimates were further broken down in to three categories: Backbone, Public
Right of Way, and Private Property. A more detailed explanation of these terms can
be found within this report at the end of Section 4.
Section 2: Description of Study Areas
Study Area 1 - The Cove Area: This study area assesses the existing conditions,
overall costs, and issues associated with the conversion of the overhead utilities
within the residential area of The Cove. Study Area 1 is bordered by Avenida
Montezuma to the west, Avenida Bermudas to the east, Calle Tampico to the north,
and Calle Tecate to the south.
Study Area 2 - Downtown Commercial Area: This study area assesses the existing
conditions, overall costs, and issues associated with the conversion of the overhead
utilities within the downtown commercial area. The downtown area has both
commercial and residential customers. Study Area 2 is bordered by Avenida
Bermudas to the west, Calle Guatemala to the east, Avenida La Fonda to the north
and Calle Amigo to the south.
Study Area 3 - Downtown Residential Area: This study area assesses the existing
conditions, overall costs, and issues associated with the conversion of the overhead
utilities within the downtown residential area. The western portion of Study Area 3
is bordered by Calle Guatemala to the west, Washington Street to the east, Avenida
La Fonda to the north and Avenida Nuestra to the south. The eastern portion of
Study Area 3 is bordered by Washington Street to the west, Calle Rondo to the east,
Avenida Ultimo to the north, and Avenida Nuestra to the south.
Study Area 4 — Sagebrush: This study area assesses the existing conditions, overall
costs, and issues associated with the conversion of the overhead utilities within the
residential area of Sagebrush. Study Area 4 is bordered by Washington Street to the
west, Date Palm Drive to the east, Sagebrush Avenue to the north, and Saguaro
Road to the south. Area 4 also includes the eastern side of Washington Street
between Saguaro Road and 50th Avenue.
Study Area 5 - Highland Palms: This study area assesses the existing conditions,
overall costs, and issues associated with the conversion of the overhead utilities
within the residential area of Highland Palms. Study Area 5 is bordered by Highland
Palms Drive to the west and south, Washington Street to the east, and Singing Palms
Drive to the north.
Study Area 6 - Westward Ho: This study area assesses the existing conditions,
overall costs, and issues associated with the conversion of the overhead utilities
within the residential area of Westward Ho. Study Area 6 is bordered by Roudel
Lane to the west, Jefferson Street to the east, Westward Ho Drive to the north, and
Cortez Lane and Fiesta Drive to the south. Study Area 6 also includes the eastern
side of Dune Palms Road between Westward Ho Drive and the flood channel.
City Of La Quinta
Overall Summary
Area 1
Area 27-7
Area 3
Area 4 Area 5
Area 6
TOTALS
PUBLIC RIGHT OF WAY
Utility Costs
$56,194,426.59
$3.489.613.50
$7.978.302.951
r1.830.604.78
$3.189.379.00
$2.617.542.70
$75.299.869.52
Contractor Costs
$23.633,708.64
$1.501.785.00
$2.646,230.00
$889.305.85
$1.467.310.00
$1.046.786.61
$31,185,126.10
Engineering, Admin. Inspection 7%)
$5,587,969.47
$349,397.90
$743,717.311
$190,393.74
$325,968.231
$256,503.05
$7,453,949.69
Financing (9.5%)
$7,583,672.85
$474,182.86
$1,009,330.63.
S258,391.51
S442,385.461
$348.111.28
$10,116,074.58
Public Right Of Way Sub-Totais
$92,999,777.54
$5.814.979.25
$12,377,580.88
$3,168,695.89
$5,425,042.69
$4,268,943.64
$124,055,019.89
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1
I
PRIVATE PROPERTY
Utility Costs
$22.796,590.911
$471.750.00
$532.776.32
$537.885.37
$482.220.001
$236.550.00
$25,057,772.59
Contractor Costs
$9,940,909.091
$933,300.00
$336,078.95
$338,165.85
$303,150.001
$176,078.57
$12,027,682.46
Engineering, Admin, Inspection (7%)
$2,165,676.141
$44.816.25
$50,613.75
$51,099.11
$45.810.901
$22.472.25
$2,380,488.40
Financing (9.5%)
$3,110,062.50
$133.479.75
$82.541.25
$83.224.87
574,610.151
$39.199.71
$3.523.118.23
Private Property Sub -Totals
$38.013,238.64
$1,583,346.00
$1,002,010.26
$1.010,375.20
$905,791.05
$474,300.54
$42,989,061.68
AREA TOTALS
$131,013,016.18
$7,398,326.25
$13,379,591.15
$4,179,071.08
$6,330,833.74
$4,743,244.17
$167,044,081.57
Section 4: Study Area Detailed Cost Estimates and Reviews
Study Area 1 - The Cove Area: is bordered by Avenida Montezuma to the west,
Avenida Bermudas to the east, Calle Tampico to the north, and Calle Tecate to the
south. The majority of the existing electrical, telephone, and cable television
infrastructure within Study Area 1 are overhead facilities. The utility's main
overhead feeder systems run east and west. The utility's local distribution systems
primarily run north and south along the rear property lines of the homes.
The Public Right of Way and Private Property cost estimates were based on a sample
study area of 22 homes. The sample study area is Avenida Carranza between Calle
Temecula and Calle Madrid.
The homes in this area are served by a combination of overhead and
underground services.
® The type of home and front and rear yard landscaping varies, but the block is
typical for The Cove.
6 No vacant lots on this block.
Gas has not been extended this far so a cost is shown, as an optional item,
for extending the gas.
Exhibit A City Of La Quinta
Study Area 1
Area #1 The Cove
Sample Area
Avenida Carranza between Calle Temecula and Calle Madrid
Description of Sample Area
Number of Lots in sample area: 22
Linear Footage: 750
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are in the back yards of the homes along the rear lot line.
Description of existing services: The existing utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing streets
Estimate of Costs - Backbone (22 Homes) Total Cost Per Lot
Utility Costs $83,953.31 $3,816.06
Contractor Costs $43,742.58 $1,988.30
Sub -Total $127,695.88 $5,804.36
Estimate of Costs - Right Of Way (22 Homes) Total
Utility Costs $190,775.00
Contractor Costs $71.800.00
Sub -Total $262,575.00
Estimate of Costs - Private Property (22 Homes) Total
Utility Costs $111,450.00
Contractor Costs $48,600.00
Sub -Total $160,050.00
Sample Area Total:
Sample Area Cost Per Lot:
$550,320.88
Cost Per Lot
$8,671.59
$3,263.64
$11,935.23
Cost Per Lot
$5,065.91
$2,209.09
$7,275.00
$25,014.59
2/17/2009 Butsko Utility Design, Inc.
Exhibit A
Area #1
OVERALL ESTIMATE Area 1
Description of Area
Number of Lots in sample area:
Description of existing utilties:
Description of existing services:
Description of new underground utilties:
City Of La Quinta
Study Area 1
The Cove
4500
The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are in the back yards of the homes along the rear lot line.
The utility services are underground/overhead from the overhead poles to the homes...
The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will approve placement of their new underground facilties in the existing streets
Estimate of Costs - Backbone (4500 Homes) Total
Utility Costs $17,172,267.50
Contractor Costs $8,947,345.00
Sub -Total $26,119,612.50
Estimate of Costs - Right Of Way (4500 Homes) Total
Utility Costs $39,022,159.09
Contractor Costs $14,686,363.64
Sub -Total $53,708,522.73
Estimate of Costs - Private Property (4500 Homes) Total
Utility Costs $22,796,590.91
Contractor Costs $9,940,909.09
Sub -Total $32,737,500.00
Overall Area Total:
Overall Area Cost Per Lot:
$112,565.635.23
Cost Per Lot
$3,816.06
$1,988.30
$5,804.36
Cost Per Lot
$8,671.59
$3,263.64
$11,935.23
Cost Per Lot
$5,065.91
$2,209.09
$7,275.00
$25,014.59
2/17/2009 Butsko Utility Design, Inc.
VW-B UT(�� 74-130 Country Club Drive, Suite 102
s7 Palm Desert, CA 92260 Date: 12/11/08
UnLITY MIGN, IIiC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit B
Dry Utility Opinion Of Cost
Backbone Overall Estimate
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 1 - Cove
La Quinta, CA 92562
Avenida Carranza - From Calle
Attn:
Nick Nickerson
Temecula to Calle Madrid
Telephone:
(760) 346-7481
Type: Residential
Fax:
60 346-8315
City/County: La Quinta, Riverside Co
Avenida Carranza - From Calle Temecula to Calle Madrid
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution
200
Ft.
$45.00
$9,000.00
IID Back Bone Footage
83969
Ft.
$85,00
$7,137,365.00
IID Overhead Removals
60709
Ft.
$50.00
$3,035,450.00
IID Service Conversion with UG Service
0
Ea
$950,00
$0.00
IID Service Conversion with OH Service
0
Ea
$1,750,00
$0.00
Total
$10,181,815.00
Telephone
Telephone Conversion/Relocation
41985
Ft.
$50.00
$2,099,250.00
Telephone Service Conversion with UG Service
0
Ea
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
ITCC Charges
0
Ea.
33%
$692,752.50
Total
$2,792,002.50
CAN
CAN Conversion
83969
Ft.
$50.00
$4,198,450.00
CAN Service Conversion with UG Service
0
Ea.
$950.00
$0 00
CAN Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
Total
$4,198,450.00
Subtotal Utility Costs
$17,172,267.50
Contractor
BB Trench, Backfill, Conduit, Full Encasement
83969
Ft.
$105.00
$8,816,745 00
BB Trench, Backfill, Conduit, Semi Encasement
200
Ea
$85.00
$17,000 00
Local Distribution Trench, Backfill, Conduit, No Encasement
1000
Ft.
$65.00
$65,000.00
Convert Service with existing UG Service
16
Ea
$1,800 00
$28,800 00
Convert Service with existing OH Service
6
Ea
$3,300.00
$19,800.00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$8,947,345.00
Subtotal Contractor Costs
$83947,345.00
Total Backbone Cost
$26,119,612.50
Total Number of Lots
4500
Backbone Surcharge Per Lot
$51804.36
This estimate performed to obtain a per lot cost for the overall backbone system feeding the area.
��BUTSK0
Exhibit B
Dry Utility Opinion Of Cost
Optional Items
Date: 12/11/2008
Client:
Gily of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 1 - Cove
La Quinta, CA 92562
Avenida Carranza - From Calle
Attn:
Nick Nickerson
Temecula to Calle Madrid
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
CitylCounty: La Quinta, Riverside Co
Gas
Distribution Main
671752
Ft.
$15.00
$1,007,628.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0 00
Gas Main Relocation
0
Ft.
$25 00
$0.00
Service Stubs
0
Ea
$150 00
$0.00
Joint Trench Credit
671752
Ft.
($1.00)
($67,175 20)
ITCC Charges
0
Ea
35%
$352,669.80
Total
$1,293,122.60
Street Lights
Eiectroliers/Heads In -Tract
0
Ea.
$1,700 00
$0 00
Electroliers/Heads Backbone
210
Ea
$2,200 00
$461,829 50
Meter Pedestal
10
Ea
$3,655.00
$36,550.00
Total
$498,379.50
,- BUTSK0 74-130 Country Club Drive, Suite 102
li ►► Palm Desert, CA 92260 Date: 12/11108
E!'RI.I'iY DESIGN, INC, Palm
(760) 601-3390, Fax (760) 346-8518
Exhibit C
Dry Utility Opinion Of Cost
Sample Area Right Of Way
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 1 - Cove
La Quinta, CA 92562
Avenida Carranza - From Calle
Altn:
Nick Nickerson
Temecula to Calle Madrid
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County: La Quinta, Riverside Co
Avenida Carranza - From Calle Temecula to Calle Madrid
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
III) Distribution
920
Ft.
$45.00
$41,400.00
IID Back Bone Footage
100
Ft.
$85.00
$8,500.00
IID Overhead Removals
820
Ft.
$50.00
$41,000.00
IID Service Conversion with UG Service
0
Ea
$950.00
$0.00
IID Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$90,900.00
Telephone
Telephone Conversion/Relocation
850
Ft.
$50.00
$42,500.00
Telephone Service Conversion with UG Service
0
Ea
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea
$1,750.00
$0 00
ITCC Charges
0
Ea
35%
$14,875,00
Total
$57,375.00
CAN
CAN Conversion
850
Ft.
$50 00
$42,500.00
CAN Service Conversion with UNDG Service
0
Ea
$950.00
$0 00
CAN Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$42,500.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
0
Ft.
$105.00
$0.00
BB Trench, Backfill, Conduit, Semi Encasement
100
Ea
$85 00
$8,500.00
Local DistributionTrench, Backfill, Conduit, No Encasement
920
Ft
$65.00
$59,800.00
Convert Service with existing UG Service
0
Ea
$1,800.00
$0.00
Convert Service with existing OH Service
0
Ea
$3,300.00
$0.00
Mainline Services
100
Ft.
$35.00
$3,600.00
Total
$71,800.00
Tatal Backbone Cast
$262,575.00
Total Number of Lots
22
Rlght of Way Surcharge Per Lot
$11,935.23
VWBUTSKO
Exhibit C
Dry Utility Opinion Of Cost
Optional Items
Date: 12/1112008
Gas
Distribution Main
850
Ft.
$15.00
$12,750.00
Distribution Main/Bring - Up
100
Ft.
$17.00
$1,700.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
Ea
$150 00
$0.00
Joint Trench Credit
850
Ft.
($1.00)
($850.00)
ITCC Charges
0
Ea
35%
$5,057.50
Total
$18,657.60
Street Lights
Electroliers/Heads In -Tract
2
Ea
$1,700.00
$3,400.00
Electroliers/Heads Backbone
2
Ea
$2,200.00
$4,400 00
Meter Pedestal
1
Ea
$9,655.00
$9,655.00
Total
$17,455.00
,V BU'�`(' jj 74-130 Country Club Drive, Suite 102
kA1 SK Palm Desert, CA 92260 Date: 12111/08
Li11LETY U15IG[ti, INC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit D
Dry Utility Opinion Of Cost
Sample Area Private Property Estimate
Client:
City of La Quinta
Project: La QUinta • Study
Addross:
78-495 Calle Tampico
Area 1 - Cove
La Quinta, CA 92562
Avenida Carranza - From Calle
Attn:
Nick Nickerson
Temecula to Calle Madrid
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
CitylCounty: La Quinta. Riverside Co
Avenida Carranza - From Calle Temecula to Calls Madrid
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution
0
Ft.
$45.00
$0.00
IID Back Bone Footage
0
Ft.
$85.00
$0 00
IID Overhead Removals
1540
Ft.
$50.00
$77,000.00
IID Service Conversion with UG Service
16
Ea
$950 00
$15,200.00
IID Service Conversion with OH Service
6
Ea
$1,750.00
$10,500.00
Total
$77,000.00
Telephone
Telephone Conversion/Relocation
0
Ft.
$50 00
$0.00
Telephone Service Conversion with UG Service
0
Ea
$950 00
$0.00
Telephone Service Conversion with OH Service
5
Ea
$1,750.00
$8,750.00
ITCC Charges
0
Ea
33%
$0.00
Total
$8,750.00
CAN
CAN Conversion
0
Ft.
$50 00
$0 00
CATV Service Conversion with UG Service
16
Ea
$950 00
$15,200.00
CAN Service Conversion with OH Service
6
Ea
$1,750.00
$10,500.00
Total
$25,700.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
0
Ft.
$105.00
$0.00
BB Trench, Backfill, Conduit, Semi Encasement
0
Ea
$85 00
$0.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0 00
Convert Service with existing UG Service
16
Ea
$1,800.00
$28,800.00
Convert Service with existing OH Service
6
Ea
$3,300.00
$19,800 00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$48,600.00
Total Backbone Cost
$160,050.00
Total Number of Lots
22
Private Property Per Lot
$7,275.00
4A 11-FILITY DESIGN, INC
Exhibit D
Dry Utility Opinion Of Cost
Optional Items
Date: 12/11/2008
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
22
Ea
$150.00
$3,300.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea
35%
$1,155.00
Total
$4,455.00
Street Lights
Electroliers/Heads In -Tract
0
Ea
$1,700.00
$0.00
Electroliers/Heads Backbone
0
Ea
$2,200.00
$0.00
Meter Pedestal
0
Ea
$3,655.00
$0.00
Total
$0.00
Study Area 2 - Downtown Commercial Area: is bordered by Avenida Bermudas to
the west, Calle Guatemala to the east, Avenida La Fonda to the north and Calle
Amigo to the south. The majority of the electrical, telephone, and cable TV facilities
in Study Area 2 are overhead facilities. The utility's main feeder systems primarily
run overhead north and south. The utility's local distribution systems primarily run
east and west along the alleyways and/or rear property lines of the businesses and
homes.
The Public Right of Way and Private Property cost estimates were based on a sample
study area of 8 businesses. The sample study area is the alley between Avenida La
Fonda and Calle Estado from Avenida Bermudas to Desert Club Dr.
® The businesses in this area are served by overhead and underground
services.
• Electric service equipment on the buildings varies significantly.
• The size of lot, hardscape, and landscaping conditions vary.
+ The area is not very dense and there are many of vacant lots in the area
causing the cost per lot to increase dramatically.
Exhibit A
Area #2
Sample Area
Description of Sample Area
Number of Lots in sample area:
Linear Footage:
Description of existing utilties:
Description of existing services:
Description of new underground utilties:
Estimate of Costs - Backbone (8 Commercial Lots)
Utility Costs
Contractor Costs
Sub -Total
Estimate of Costs - Right Of Way (8 Commercial Lots)
Utility Costs
Contractor Costs
Sub -Total
City Of La Quinta
Study Area 2
Downtown Commercial
Alley between Avenida La Fonda and Calle Estado
8
720
The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line in the alleyways between the businesses.
There are also existing overhead facilities on the street frontage of Desert Club Drive.
The existing utility services are underground/overhead from the overhead poles to the businesse.
The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing alleys and streets.
Total
$387,416.24
$159,974.12
$547,390.35
Total
$169,180.00
$75,600.00
$244,780.00
Estimate of Costs - Private Property (8 Commercial Lots) Total
Utility Costs $74,000.00
Contractor Costs $146,400.00
Sub -Total $220,400.00
Sample Area Total:
Sample Area Cost Per Lot:
$1,012.570.35
Cost Per Lot
$48,427.03
$19,996.76
$68,423.79
Cost Per Lot
$21,147.50
$9,450.00
$30,597.50
Cost Per Lot
$9,250.00
$18,300.00
$27,550.00
$126,571.29
2/17/2009 Butsko Utility Design, Inc.
Exhibit A
Area #2
OVERALL ESTIMATE Area 2
Description of Area
Description of existing utilties:
Description of existing services:
Description of new underground utilties:
Estimate of Costs - Backbone (51 Developed Parcels)
Utility Costs
Contractor Costs
Sub -Total
Estimate of Costs - Right Of Way (51 Developed Parcels)
Utility Costs
Contractor Costs
Sub -Total
City Of La Quinta
Study Area 2
Downtown Commercial
Calle Amigo, Calle Barcelona, Calle Estado, Calle Fortuna, Calle Cadiz, Avenida la Fonda from Avenida Bermudas to Calle
Guatamala, Avenida Bermudas from Calle Amigo to Avenida la Fonda, Desert Club Drive from Avenue 52 to Main Street.
The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line in the alleyways between the businesses.
There are also existing overhead facilities on the street frontage of Desert Club Drive.
The existing utility services are underground/overhead from the overhead poles to the businesse.
The new underground utiliies will be placed in a shared joint trench
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing alleys and
streets
Total
$2,469,778 50
$1,019,835.00
$3,489,613.50
Total
$1,078,522.50
$481,950.00
$1,560,472.50
Estimate of Costs - Private Property (51 Developed Parcels) Total
Utility Costs $471,750.00
Contractor Costs $933,300.00
Sub -Total $1,405,050.00
Overall Area Total:
Overall Area Cost Per Lot:
$6.455.136.00
Cost Per Lot
$48,427 03
$19,996.76
$68,423.79
Cost Per Lot
$21,147.50
$9,450 00
$30,597 50
Cost Per Lot
$9,250.00
$18,300.00
$27, 550.00
$126,571.29
2/17/2009 Butsko Utility Design, Inc.
,V B UTSHO 74-130 Country Club Drive, Suite 102
1 Palm Desert, CA 92260 Date: 116109
ill lillY DES)Cii ItiC, Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit B
Dry Utility Opinion Of Cost
Backbone Overall Estimate
Client: City of La Qulnta Project: La Quinta - Study
Address: 78-495 Calle Tampico Area 2 - Downtown Commercial
La Quinta, CA 92562
Attn: Nick Nickerson
Telephone: (760) 346-7481 Type: Commercial
Fax, (760) 346-6315 CitylCounty: La Quinta, Riverside Co
Calls Amigo, Calle Barcelona, Calle Estado, Calle Fortuna, Calle Cadiz, Avenida la Fonda from Avenida Bermudas to Calle
Guatamala, Avenida Bermudas from Calle Amigo to Avenida la Fonda, Desert Club Drive from Avenue 52 to Main Street.
Summary Estimated Costs:
Description
Electric
IID Distribution - Commercial
IID Distribution - Residential
IID Back Bone Footage
IID Overhead Removals
IID Service Conversion with UG Service
IID Service Conversion with OH Service
Total
Telephone
Quantity Unit Cost Per
Cost
4776
Ft.
$55.00
$262,680.00
2400
Ft
$45.00
$108,000.00
4263
Ft
$85.00
$362,355 00
8082
Ft.
$50.00
$404,100.00
0
Ea
$950 00
$0 00
0
Ea
$1,750.00
$0 00
$1,137,135.00
Telephone Conversion/Relocation
11439
Ft.
$50 00
$571,950.00
Telephone Service Conversion with UG Service
0
Ea
$950.00
$0 00
Telephone Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
ITCC Charges
0
Ea.
33%
$188,743.50
Total
$760,693.50
CAN
CATV Conversion
11439
Ft.
$50.00
$571,950.00
CAN Service Conversion with UG Service
0
Ea
$950.00
$0 00
CAN Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$571,960.00
Subtotal Utility Costs
$2,469,778.60
Contractor
BB Trench, Backfill, Conduit, Full Encasement
4776
Ft.
$105.00
$501,480.00
BB Trench, Backfill, Conduit, Semi Encasement
4263
Ea
$85.00
$362,355.00
Local Distribution Trench, Backfill, Conduit, No Encasement
2400
Ft.
$65.00
$156,000.00
Convert Service with existing UG Service
0
Ea
$1,800.00
$0 00
Convert Service with existing OH Service
0
Ea
$3,300.00
$0.00
Mainline Services
0
Ft.
$35,00
$0.00
Total
$1,019,835.00
Subtotal Contractor Costs
$1,019,835.00
Total Backbone Cast
$3,489,613,50
Total Number of tots
51
Backbone Surcharge Per Lot
$68.423.79
FIBUTSK0
Exhibit B
Dry Utility Opinion Of Cost
Optional Items
Date: 1/6/2009
Client: City of La Quinla Project, La Quinla - Study
Address: 78-495 Calle Tampico Area 2 - Downtown Commercial
La Quinta, CA 92562 Backbone
AIM Nick Nickerson
Telephone: (760) 346-7481 Type: Commercial
Fax: (760) 346-8315 City/County: La Quirila. Riverside Cc
Gas
Distribution Main
0
Ft.
$15.00
$0 00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$26.00
$0 00
Service Stubs
0
Ea
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
11
Ea
$1,700.00
$18,117.75
Electroliers/Heads Backbone
12
Ea
$2,200.00
$26,268.00
Meter Pedestal
4
Ea
$3,655.00
$14,620.00
Total
$59,005.75
R BUT[' KO 74-130 Country Club Drive, Suite 102
1 ►7 Palm Desert, CA 92260 Date: 1/6109
iE7'Il.17Y DESIGN, INC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit C
Dry Utility Opinion Of Cost
Commercial Ri ht of Way Estimate
Client: City of La Quints Project: La Quints - Study
Address: 78-495 Calle Tampico Area 2 - Downtown Commercial
La Quints, CA 92562
Attn: Nick Nickerson
Telephone: (760) 346-7481 Type: Commercial
Fax: (760) 346-8315 CityfCounty: La Quinta, Riverside Co
Sample Area - Alley between Avenida La Fonda and Calle Estado
Summary Estimated Costs:
Description
Electric
IID Distribution - Commercial
IID Distribution - Residential
IID Back Bone Footage
IID Overhead Removals
IID Service Conversion with UG Service
IID Service Conversion with OH Service
Quantity Unit Cost Per Cost
720
Ft.
$65.00
$46,800.00
0
Ft.
$45 00
$0.00
0
Ft.
$85.00
$0.00
770
Ft.
$50.00
$38,500.00
0
Ea
$950.00
$0.00
0
Ea
$1.750.00
$0.00
Total $85,300.00
Telephone
Telephone Conversion/Relocation
720
Ft.
$50.00
$36,000.00
Telephone Service Conversion with UG Service
0
Ea
$950,00
$0.00
Telephone Service Conversion with OH Service
0
Ea
$1,750.00
$0 00
ITCC Charges
0
Ea
33%
$11.880 00
Total
$47,880.00
CATV
CATV Conversion
720
Ft.
$50 00
$36,000.00
CAN Service Conversion with UG Service
0
Ea
$950.00
$0.00
CAN Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$36,000.00
Subtotal Utility Costs
$169,180.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
720
Ft.
$105.00
$75,600.00
BB Trench, Backfill, Conduit, Semi Encasement
0
Ea
$85.00
$0.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0.00
Convert Service with existing UG Service
0
Ea
$1,800.00
$0.00
Convert Service with existing OH Service
0
Ea
$3,300.00
$0.00
Mainline Services
0
Ft.
$35 00
$0 00
Total
$75,600.00
Subtotal Contractor Costs
$75,600.00
Total Right Of Way Cost
S244,780.00
Total Number of Lots
6
Right of Way Surcharge Per Lot
$30,597.50
VIPBUTSKO
Exhibit C
Dry Utility Opinion Of Cost
Optional Items
Date: 11612009
Client:
City of La Quinta
Protect: La Quinta - Study
Address:
78-495 Calle Tampico
Area 2 - Downtown Commercial
La Quinta, CA 92562
Right Of Way
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Commercial
Fax:
(760) 346-8315
CitylCounty: La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
2
Ea.
$1.700.00
$3,060.00
Electroliers/Heads Backbone
0
Ea.
$2,200.00
0
Meter Pedestal
1
Ea
$3.655.00
$3,655 00
Total
$6,716.00
rP BUTS �i 0 74-130 Country Club Drive, Suite 102
1 �]ji Palm Desert, CA 92260 Date: 116109
iI11I.17Y I}CSEGti, INC. Palm
(760) 601-3390, Fax (760) 346-8518
Exhibit D
Dry Utility Opinion Of Cost
Commercial Private Property Estimate
Client: City of La Quinta Project: La Quinta - Study
Address: 78-495 Calle Tampico Area 2 - Commercial/Residential
La Quinta, CA 92562
Attu: Nick Nickerson
Telephone: (760) 346-7481 Type: Commercial/Residential
Fax: (760) 346-8315 CitylCourtty. La Quinta, Riverside Co
Sample Area - Alley between Avenida La Fonda and Calle Estado
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
III) Distribution - Commercial
800
Ft.
$55.00
$44,000 00
IID Distribution - Residential
0
Ft.
$45.00
$0.00
IID Back Bone Footage
0
Ft.
$85.00
$0.00
IID Overhead Removals
0
Ft.
$50 00
$0.00
IID Service Conversion with UG Service
5
Ea
$950 00
$4,750.00
IID Service Conversion with OH Service
3
Ea
$1,750.00
$5,250.00
Total
$54,000.00
Telephone
Telephone Conversion/Relocation
0
Ft.
$50.00
$0.00
Telephone Service Conversion with UG Service
5
Ea
$950.00
$4,750.00
Telephone Service Conversion with OH Service
3
Ea
$1,750.00
$5,250.00
ITCC Charges
0
Ea
33%
$0.00
Total
$10,000.00
CAN
CAN Conversion
0
Ft.
$50.00
$0.00
CAN Service Conversion with UG Service
5
Ea.
$960.00
$4,750 00
CAN Service Conversion with OH Service
3
Ea.
$1,750.00
$5,250.00
Total
$10,000.00
Subtotal Utility Costs
$74,000.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
800
Ft.
$105.00
$84,000 00
BB Trench, Backfill, Conduit, Semi Encasement
200
Ea
$85.00
$17.000.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0.00
Convert Service with existing UG Service
5
Ea
$3,800.00
$19,000.00
Convert Service with existing OH Service
3
Ea
$8,800.00
$26,400.00
Mainline Services
0
Ft.
$35.00
$0 00
Total
$146.400.00
Subtotal Contractor Costs
$146,400.00
Total Private Pro a Cost
$220o400.00
Total Number of Lots
8
Private Property Surcharge Per Lot
$27,560.00
Date: 11612009
Exhibit D
Dry Utility Opinion Of Cost
Optional Items
Client:
City of La Quinta
Project: La Qu€nla - Study
Address:
78-495 Calle Tampico
Area 2 - Downtown Commercial
La Quinta, CA 92562
Private Prop
Atln:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Commercial
Fax:
(760) 346-8315
CitylCounty: La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15 00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0 00
Service Stubs
0
Ea
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea
35%
$0.00
Total
$0.00
Street Lights
ElectrolierslHeads In -Tract 0 Ea $1,700.00
ElectrolierslHeads Backbone 0 Ea $2,200.00
Meter Pedestal 0 Ea $3,655 00
Total
$0.00
$0.00
$0 00
$0.00
Study Area 3 - Down Town Residential Area: the western portion of Area 3 is
bordered by Calle Guatemala to the west, Washington Street to the east, Avenida La
Fonda to the north and Avenida Nuestra to the south. The eastern portion of Area 3
is bordered by Washington Street to the west, Calle Rondo to the east, Avenida
Ultimo to the north, and Avenia Nuestra to the south.
The majority of the electrical, telephone, and cable TV facilities in Area 3 are
overhead facilities. The utility's main overhead feeder systems run east and west.
The utility's local distribution systems primarily run north and south along the rear
property lines of the homes.
The public Right of Way and Private Property cost estimates were based on a sample
study area of 16 homes, 2 lots, and a church. The sample study area is Calle Quito
between Avenida Tujunga and Calle Tampico.
• The homes in this area are served by overhead and underground services.
■ The type of home and front and rear yard landscaping varies.
41 The residential lot frontage is greater than the Cove.
m The area is not as dense as the Cove. There are vacant lots in the area
causing the cost per lot to increase.
Along Calle Rando there appear to be idle de -energized electric facilities at
Ultimo and Rando.
Exhibit A City Of La Quinta
Study Area 3
Area #3 Downtown Residential
Sample Area
Calle Paloma between Avenida Tujunga and Calle Tampico
Description of Sample Area
Number of Lots in sample area:
19
Linear Footage:
1010
Description of existing utilties:
The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line of the homes.
There are also existing overhead transmission facilities on the street frontage of Calle Rondo that appear to be idle.
Description of existing services:
The existing utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties:
The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing streets
Estimate of Costs - Backbone (19 Homes)
Total Cost Per Lot
Utility Costs
$689,348.67 $36,281.51
Contractor Costs
$304,717.39 $16,037.76
Sub -Total
$994,066.07 $52,319.27
Estimate of Costs -Right Of Way (19 Homes)
Total Cost Per Lot
Utility Costs
$229,365.00 $12,071.84
Contractor Costs
$119,850.00 $6,307.89
Sub -Total
$349,215.00 $18,379.74
Estimate of Costs - Private Property (19 Homes)
Total Cost Per Lot
Utility Costs
$61,350.00 $3,228.95
Contractor Costs
$38,700.00 $2,036.84
Sub -Total
$100,050.00 $5,265.79
Sample Area Total:
$1,443,331.07
Sample Area Cost Per Lot:
$75,964.79
2/17/2009 Butsko Utility Design, Inc.
Exhibit A City Of La Quinta
Study Area 3
Area #3 Downtown Residential
OVERALL ESTIMATE Area 3
Description of Area
Area south of Avenida La Fonda, North of Avenida Nuestra, East of Washington Street and west of Calle Cadiz
And the area east of Washington Street west of Calle Rondo, south of Avenida Ultimo and north of Avenida Nuestra
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line of the homes.
There are also existing overhead transmission facilities on the street frontage of Calle Rondo that appear to be idle.
Description of existing services: The utility services are underground/overhead from the overhead poles to the homes.
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will approve placement of their new underground facilties in the existing streets
Estimate of Costs - Backbone (165 Homes) Total Cost Per Lot
Utility Costs $5,986,449.00 $36,281.51
Contractor Costs $2,646,230.00 $16,037.76
Sub -Total $8,632,679.00 $52,319.27
Estimate of Costs -Right Of Way (165 Homes) Total
Utility Costs $1,991,853.95
Contractor Costs $1.040.802.63
Sub -Total $3,032,656.58
Estimate of Costs - Private Property (165 Homes) Total
Utility Costs $532,776.32
Contractor Costs $336,078.95
Sub -Total $868,855.26
Overall Area Total:
Overall Area Cost Per Lot:
$12,534,190.84
Cost Per Lot
$12,071.84
$6,307.89
$18,379.74
Cost Per Lot
$3,228.95
$2,036.84
$5,265.79
$75.964.79
2/17/2009 Butsko Utility Design, Inc.
VWBU TSK0 74-130 Country Club Drive, Suite 102
Palm Desert, CA 92260 Date: 1128109
LiTIi 1TY DESIGN, INC. Phone: (760) 601-3390, Fax (760) 346-8618
Exhibit B
Dry Utility Opinion Of Cost
Backbone Overall Estimate
7llent: City of La Quinta Project: La Quinta - Study
address: 78-495 Calls Tampico Area 3 - Downtown Residential
La Quinta, CA 92562
Utn: Nick Nickerson
telephone: (760) 346-7481 Type: Residential
:ax: (760) 346-8315 City./County: La Quinta, Riverside Co
Sample Area - Calls Paloma from Avenida Tujunga to Calle Tampico
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55.00
$0 00
IID Distribution - Residential
12510
Ft.
$45.00
$562,950.00
IID Back Bone Footage
14456
Ft.
$85 00
$1,228,760.00
IID Overhead Removals
21064
Ft.
$50.00
$1,053,200.00
IID Service Conversion with UG Service
0
Ea.
$950.00
$0 00
IID Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
Total
$2,844,910.00
Telephone
Telephone Conversion/Relocation
26966
Ft.
$50.00
$1,348,300.00
Telephone Service Conversion with UG Service
0
Ea.
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea.
$1,750.00
$0 00
ITCC Charges
0
Ea.
33%
$444,939 00
Total
$1,793,239.00
CAN
CATV Conversion
26966
Ft.
$50.00
$1,348,300 00
CATV Service Conversion with UG Service
0
Ea.
$950.00
$0 00
CAN Service Conversion with OH Service
0
Ea.
$1,750 00
$0 00
Total
$1,348,300.00
Subtotal Utility Costs
$6.986.449.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
14456
Ft.
$105.00
$1,517,880.00
BB Trench, Backfill, Conduit, Semi Encasement
12510
Ea
$85 00
$1,063,350 00
Local Distribution Trench, Backfill, Conduit, No Encasement
1000
Ft.
$65 00
$65,000.00
Convert Service with existing UG Service
Ea
$1,800.00
$0 00
Convert Service with existing OH Service
Ea
$3,300.00
$0.00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$2,646,230.00
Subtotal Contractor Costs
$2,646,230.00
Total Backbone Cost
$8.632,679.00
Total Number of lots
166
Backbone 9urchar a per Lot
$62,319.27
VrB�UTSKO
Exhibit B
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Client: City of La Quinta Project. La Quinta - Study
Address: 78-495 Calle Tampico Area 3 - Downtown Residential
La Quinta, CA 92562 Backbone
Attn: Nick Nickerson
Telephone: (760) 346-7481 Type: Residential
Fax: (760} 346-8315 City/Count: La Quinta, Riverside Co
Gas
Distribution Main
Distribution Main/Bring - Up
Gas Main Relocation
Service Stubs
Joint Trench Credit
ITCC Charges
Total
Street Lights
Electroliers/Heads In -Tract
Electroliers/Heads Backbone
Meter Pedestal
Total
0 Ft.
$15.00
$0.00
0 Ft.
$17.00
$0.00
0 Ft
$25.00
$0.00
0 Ea.
$150.00
$0.00
0 Ft.
($1.00)
$0.00
0 Ea.
35%
$0.00
$0.00
31 Ea. $1,700 00 $0.00
36 Ea. $2,200.00 $79,508.00
4 Ea. $3,655 00 $14,620.00
$94,128.00
,IF- BUTSK0 74-130 Country Club Drive, Suite 102
jj Palm Desert, CA 92260 Date: 1/28/09
UTILITY DESIGN, INC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit C
Dry Utility Opinion Of Cost
Residential Right of Way Estimate
.IkenE:
City at La Quinta
Project; La Quinta • Sludy
address:
78-495 Calle Tampico
Area 3 - Residential
La Quinta, CA 92562
Vtn
Nick Nickerson
Folophone:
(760) 346-7481
Type: Residential
°ax:
(760) 346-8315
City/Count: La Quinta. Riverside Co
Sample Area - Calle Paloma from Avenida Tujunga to Calle Tampico
Summary Estimated Costs:
Description
Electric
IID Distribution - Commercial
IID Distribution - Residential
IID Back Bone Footage
IID Overhead Removals
IID Service Conversion with UG Service
IID Service Conversion with OH Service
Total
Telephone
Telephone Conversion/Relocation
Telephone Service Conversion with UG Service
Telephone Service Conversion with OH Service
ITCC Charges
Total
CAN
CAN Conversion
CAN Service Conversion with UG Service
CAN Service Conversion with OH Service
Total
Subtotal Utility Costs
Quantity Unit Cost Per
0
Ft.
$55.00
1010
Ft.
$45.00
200
Ft.
$85 00
985
Ft.
$50.00
0
Ea
$950.00
0
Ea
$1,750.00
1010
Ft.
$50 00
0
Ea
$950.00
0
Ea
$1,750 00
0
Ea
33%
i 010 Ft. $50.00
0 Ea $950.00
0 Ea $1,750.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
200
Ft.
$105.00
BB Trench, Backfill, Conduit, Semi Encasement
1010
Ea
$85.00
Local Distribution Trench, Backfill, Conduit, No Encasement
200
Ft.
$65.00
Convert Service with existing UG Service
0
Ea
$1,800.00
Convert Service with existing OH Service
0
Ea
$3,300.00
Mainline Services
0
Ft
$35.00
Cost
$0.00
$45,450.00
$17,000.00
$49,250.00
$0.00
$0.00
$111,700.00
$50,500.00
$0.00
$0.00
$16,665.00
$67,165.00
$50,600.00
$0 00
$0.00
$50,500.00
$229,365.00
$21,000.00
$85,850.00
$13,000.00
$0 00
$0.00
$0.00
Total $119,850.00
Subtotal Contractor Costs $119,850.00
Total Right Of Way Cost $349,216.00
Total Number of Lots 19
Right of Way Surcharge Per Lot $18,379.74
FAB�UTsxo
Exhibit C
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 3 - Residential
La Quinta, CA 92562
Right Of Way
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Commercial
Fax:
(760) 346-8315
City/Coun : La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
3
Ea
$1,700 00
$4,292.50
Electroliers/Heads Backbone
0
Ea
$2,200.00
$0.00
Meter Pedestal
1
Ea
$3,655.00
$3,655.00
Total
$7,947.50
VABUTSKD 74-130 Country Club Drive, Suite 102
kA1 Palm Desert, CA 92260 Date: 1/28109
�i'I'IE.['IY UFSIG, INC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit D
Dry Utility Opinion Of Cost
Residential Private Property Estimate
Client:
City of La Qulnta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 3 - Residential
La Quinta, CA 92562
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County: La Quinta, Riverside Co
Sample Area - Calle Paloma from Avenida Tujunga to Calle Tampico
Summary Estimated Costs:
Description
Electric
IID Distribution - Commercial
IID Distribution - Residential
IID Back Bone Footage
IID Overhead Removals
IID Service Conversion with UG Service
IID Service Conversion with OH Service
Total
Telephone
Quantity Unit Cost Per Cost
0 Ft.
$55.00
$0 00
0 Ft.
$45.00
$0.00
0 Ft.
$85.00
$0.00
0 Ft.
$50.00
$0 00
16 Ea
$950 00
$15,200.00
3 Ea
$1,750.00
$5.250 00
$20,450.00
Telephone ConversionlRelocation
0
Ft.
$50.00
$0.00
Telephone Service Conversion with UG Service
16
Ea.
$950.00
$15,200.00
Telephone Service Conversion with OH Service
3
Ea.
$1,750.00
$5,250.00
ITCC Charges
0
Ea.
33%
$0 00
Total
$20,450.00
CAN
CAN Conversion
0
Ft.
$50.00
$0.00
CAN Service Conversion with UG Service
16
Ea
$950 00
$15,200.00
CAN Service Conversion with OH Service
3
Ea
$1,750.00
$5,250.00
Total
$20,450.00
Subtotal Utility Costs
$61,350.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
0
Ft.
$105.00
$0.00
BB Trench, Backfill, Conduit, Semi Encasement
0
Ea
$85.00
$0.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0 00
Convert Service with existing UG Service
16
Ea
$1,600 00
$28,800.00
Convert Service with existing OH Service
3
Ea
$3,300.00
$9,900 00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$38,700.00
Subtotal Contractor Costs
$38,700.00
Total Private Property Cost
$100,050.00
Total Number of Lots
19
Private Propaq Surchar a Per Lot
$5,265.79
VWBUTsx0
Exhibit D
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Cllent:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 3 - Residential
La Quinta, CA 92562
Private Property
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Commercial
Fax:
(760) 346-8315
CitylCounty: La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25 00
$0.00
Service Stubs
0
Ea
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1 00)
$0.00
ITCC Charges
0
Ea
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
3
Ea
$1,700.00
$5.100.00
Electroliers/Heads Backbone
0
Ea
$2,200 00
$0 00
Meter Pedestal
0
Ea
$3,655 00
$0.00
Total
$5,100.00
Study Area 4 — Sagebrush: is residential and identified as Sagebrush, it is bordered
by Washington Street to the west, Date Palm Drive to the east, Sagebrush Avenue to
the north, and Saguaro Road to the south. Area 4 also includes the eastern side of
Washington Street between Saguaro Road and 50th Avenue.
The majority of the electrical, telephone, and cable TV facilities in Study Area 4 are
overhead facilities. The utility's main overhead feeder systems run north and south
along Washington Street. The utility's local distribution systems primarily run east
and west along the rear property lines of the homes.
The Public Right of Way and Private Property cost estimates were based on a sample
study area of Bottlebrush Drive east of Date Palm Drive.
9 The type of home and front and rear yard landscaping varies.
0 Few vacant lots on this block
■ The homes in this area are served by overhead and underground services.
Y The type of home and front and rear yard landscaping varies.
• The estimates include the conversion of overhead facilities along the east
side of Washington Street.
Exhibit A City Of La Quinta
Study Area 4
Area #4 Sagebrush
Sample Area
Sample Area - Bottlebrush Drive East of Date Palm Drive
Description of Sample Area
Number of Lots in sample area: 41
Linear Footage: 1299
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line of the homes and businesses.
There are also existing overhead facilities on the street frontage of Washington Street
Description of existing services: The existing utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing streets
Estimate of Costs - Backbone (41 Homes) Total Cost Per Lot
Utility Costs $423.775.61 $10,335.99
Contractor Costs $212,561.79 $5,184.43
Sub -Total $636,337.41 $15,520.42
Estimate of Costs - Right Of Way (41 Homes)
Utility Costs
Contractor Costs
Sub -Total
Total
$284,288.50
$131,415.00
$415,703.50
Estimate of Costs - Private Property (41 Homes) Total
Utility Costs $208,050.00
Contractor Costs $130,800.00
Sub -Total $338,850.00
Sample Area Total:
Sample Area Cost Per Lot:
$1.390.890.91
Cost Per Lot
$6,933.87
$3,205.24
$10,139.11
Cost Per Lot
$5,074.39
$3,190.24
$8,264.63
$33,924.17
2/17/2009 Butsko Utility Design, Inc.
Exhibit A City of La Quinta
Study Area 4
Area #4 Sagebrush
OVERALL ESTIMATE Area 4
Description of Area
Streets included are Sagebrush Avenue, Bottlebrush Avenue, and Saguaro Road, including Date Palm Drive to the east and
Washington Street to the west.
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line of the homes and businesses.
There are also existing overhead facilities on the street frontage of Desert Club Drive
Description of existing services: The utility services are underground/overhead from the overhead poles to the homes..
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will approve placement of their new underground facilties in the existing streets
Estimate of Costs - Backbone (106 Homes)
Total
Utility Costs
$1,095,615.00
Contractor Costs
$549.550.00
Sub -Total
$1,645.165 00
Estimate of Costs -Right Of Way (106 Homes)
Total
Utility Costs
$734,989.78
Contractor Costs
$339,755.85
Sub -Total
$1,074,745.63
Estimate of Costs - Private Property (106 Homes) Total
Utility Costs $537,885.37
Contractor Costs $338,165.85
Sub -Total $876,051.22
Overall Area Total:
Overall Area Cost Per Lot:
$3,695,961.85
Cost Per Lot
$10,335.99
$5.184 43
$15,520.42
Cost Per Lot
$6,933 87
$3,205.24
$10,139.11
Cost Per Lot
$5,074.39
$3,190.24
$8,264.63
$33,924.17
2/1712009 Butsko Utility Design, Inc
►PBUTSK0 74-130 Country Club Drive, Suite 102
kI UTILITY DESIGN, INC. Palm Desert, CA 92260 Date: 1/28109
Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit B
Dry Utility Opinion Of Cost
Backbone Overall Estimate
client:
City of La 001117
Projcct: La Quinta - Study
4ddress:
78-495 Calle Tampico
Area 4 - Sagebrush
La Quinta, CA 92562
%ttn:
Nick Nickerson
relephone:
(760) 346-7481
Type: Residential
tax:
[760] 346-8315
CitylCount : La Quinta, Riverside Co
Sample Area - Bottlebrush Drive East of Date Palm Drive
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55 00
$0.00
IID Distribution - Residential
2410
Ft.
$45.00
$108.450.00
IID Back Bone Footage
2600
Ft.
$85.00
$221,000.00
IID Overhead Removals
3650
Ft.
$50 00
$182,500.00
IID Service Conversion with UG Service
0
Ea.
$950.00
$0.00
IID Service Conversion with OH Service
0
Ea.
$1.750.00
$0.00
Total
$511,950.00
Telephone
Telephone Conversion/Relocation
5010
Ft.
$50.00
$250,500 00
Telephone Service Conversion with UG Service
0
Ea.
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
ITCC Charges
0
Ea.
33%
$82,665.00
Total
$333,165.00
CAN
CATV Conversion
5010
Ft.
$50 00
$250,500 00
CAN Service Conversion with UG Service
0
Ea.
$950.00
$0.00
CAN Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
Total
$250,600.00
Subtotal Utility Costs
$1,096,616.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
2410
Ft.
$105 00
$253,050.00
BB Trench, Backfill, Conduit, Semi Encasement
2600
Ea
$85 00
$221,000.00
Local Distribution Trench, Backfill, Conduit, No Encasement
1000
Ft.
$65 00
$65,000.00
Convert Service with existing UG Service
Ea
$1,800.00
$0.00
Convert Service with existing OH Service
Ea
$3,300 00
$0 00
Miscellaneous Services
300
Ft.
$35 00
$10.500.00
Total
$649,660.00
Subtotal Contractor Costs
$649,660.00
Total Backbone Cost
$1,646,166.00
Total Number of Lots
166
Backbone Surcharge Per Lot
$9.970.70
FABUTsx0
Exhibit B
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 4 - Sagebrush
La Quinta, CA 92562
Backbone
Attm
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
CitylCounty: La Cuinla, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0 00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea.
$150 00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0 00
ITCC Charges
0
Ea.
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
0
Ea.
$1,700 00
$0.00
Electroliers/Heads Backbone
6
Ea
$2,200 00
$13,255.00
Meter Pedestal
10
Ea.
$3,655.00
$36,550.00
Total
$49,806.00
,P-BU'�`� 74-130 Country Club Drive, Suite 102
11 K Palm Desert, CA 92260 Date: 1/28/09
IFI-II.rIY DES IC"N' ItiC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit C
Dry Utility Opinion Of Cost
Residential Ri ht of Way Estimate
Client:
City of La Quinla
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 4 - Sagebrush
La Quinta, CA 92562
Altn
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City!Caun : La Quinta, Riverside Co
Sample Area - Bottlebrush Drive East of Date Palm Drive
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55.00
$0.00
IID Distribution - Residential
1299
Ft.
$45.00
$58,455.00
IID Back Bone Footage
200
Ft.
$85 00
$17,000.00
IID Overhead Removals
1150
Ft.
$50.00
$57,500.00
IID Service Conversion with LIG Service
0
Ea.
$950.00
$0.00
IID Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
Total
$132,955.00
Telephone
Telephone Conversion/Relocation
1299
Ft.
$50,00
$64,950.00
Telephone Service Conversion with UG Service
0
Ea.
$950.00
$0 00
Telephone Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
ITCC Charges
0
Ea.
33%
$21.433.50
Total
$86,363.60
CAN
CATV Conversion
1299
Ft.
$50.00
$64,950.00
CAN Service Conversion with UG Service
0
Ea
$950.00
$0,00
CAN Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$64,950.00
Subtotal Utility Costs $284,288.60
Contractor
BB Trench, Backfill, Conduit, Full Encasement
200
Ft.
$105,00
$21,000.00
BB Trench, Backfill, Conduit, Semi Encasement
1299
Ea
$85.00
$110,415.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0.00
Convert Service with existing UG Service
0
Ea
$1,800.00
$0.00
Convert Service with existing OH Service
0
Ea
$3,300.00
$0.00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$131,415.00
Subtotal Contractor Costs
$131,415.00
Total Right Of Way Cost
$416,703.50
Total Number of Lots
41
Ri ht of Way Surchar a Per Lot
$10,139.11
Fr BUTSK0
IMLITY DESIGN, INC.
Exhibit C
Dry Utility Opinion Of Cost
vptionai items
Date: 1128/2009
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 4 - Sagebrush
La Quinta, CA 92562
Right Of Way
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County: La Quinta. Riverside Co
Gas
Distribution Main
Distribution Main/Bring - Up
Gas Main Relocation
Service Stubs
Joint Trench Credit
ITCC Charges
Total
Street Lights
Electroliers/Heads In -Tract
Electroliers/Heads Backbone
Meter Pedestal
Total
0 Ft.
$15.00
$0.00
0 Ft.
$17.00
$0.00
0 Ft.
$25,00
$0.00
0 Ea
$150.00
$0.00
0 Ft.
($100)
$0.00
0 Ea
35%
$0.00
$0.00
3 Ea $1,700.00 $5,100.00
0 Ea $2,200.00 $0.00
0 Ea $3,655.00 $0.00
$5,100.00
,W BUT� 74-130 Country Club Drive, Suite 102
kAS Palm Desert, CA 92260 Date: 1/28109
t! i ILLY DESIGN, INC. Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit D
Dry Utility Opinion Of Cost
Residential Private Property Estimate
-lient:
City of La Quinta
Project: La Quinta - Study
4ddress:
78-495 Calle Tampico
Area 4 - Sagebrush
La Quinta, CA 92562
Mtn:
Nick Nickerson
reiephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County: La Quinta, Riverside Co
Sample Area - Bottlebrush Drive East of Date Palm Drive
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55.00
$0 00
IID Distribution - Residential
0
Ft.
$45.00
$0 00
IID Back Bone Footage
0
Ft.
$85.00
$0 00
IID Overhead Removals
0
Ft.
$50 00
$0 00
IID Service Conversion with UG Service
3
Ea
$950 00
$2,850.00
IID Service Conversion with OH Service
38
Ea
$1,750 00
$66,500.00
Total
$69,350.00
Telephone
Telephone Conversion/Relocation
0
Ft.
$50 00
$0.00
Telephone Service Conversion with UG Service
3
Ea
$950 00
$2,850.00
Telephone Service Conversion with OH Service
38
Ea
$1,750.00
$66,500.00
ITCC Charges
0
Ea
33%
$0.00
Total
$69,350.00
CAN
CAN Conversion
0
Ft.
$50.00
$0.00
CATV Service Conversion with UG Service
3
Ea
$950.00
$2,850.00
CAN Service Conversion with OH Service
38
Ea
$1,750.00
$66,500.00
Total
$69,350.00
Subtotal Utility Costs
$208,050.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
0
Ft.
$105.00
$0.00
BB Trench, Backfill, Conduit, Semi Encasement
0
Ea
$85.00
$0.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0 00
Convert Service with existing UG Service
3
Ea
$1,800.00
$5,400.00
Convert Service with existing OH Service
38
Ea
$3,300.00
$125,400.00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$130,800.00
Subtotal Contractor Costs
$130,800.00
Total Private Property Cost
$338.850.00
Total !Number of Lots
41
Private Property Surcharge Per Lot
$8,264.63
VABUTSK0
Exhibit D
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 4 - Sagebrush
La Quinta, CA 92562
Private Property
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County: La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea.
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea.
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
3
Ea.
$1,700.00
$5,100.00
Electroliers/Heads Backbone
0
Ea
$2,200.00
$0.00
Meter Pedestal
0
Ea.
$3,655.00
$0 00
Total
$5,100.00
Study Area 5- Highland Palms: is residential and identified as Highland Palms, it is
bordered by Highland Palms Drive to the west and south, Washington Street to the
east, and Singing Palms Drive to the north.
The majority of the electrical, telephone, and cable TV facilities in Area 5 are
overhead facilities. The utility's main overhead feeder systems run along Highland
Palms Drive, as well as north and south along the rear property lines of the homes
on Washington Street. The utility's local distribution systems primarily run east and
west along the rear property lines of the homes.
The Public Right of Way and Private Property cost estimates were based on a sample
study area of Highland Palms Drive.
A The homes in this area are predominately served by overhead services.
The type of home and front and rear yard landscaping varies.
® Few vacant lots in this area.
0 The residential lot frontage is greater than the Cove.
• The facilities along Highland Palms Drive run along the lot frontages.
Exhibit A City Of La Quinta
Study Area 5
Area #5 Highland Palms
Sample Area
Highland Palms Drive from Washington Street west to area limits
Description of Sample Area
Number of Lots in sample area: 20
Linear Footage: 1280
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located primarily along the rear property line of the homes.
There are also existing overhead facilities on the street frontage of Highland Palms Drive.
Description of existing services: The existing utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing streets
Estimate of Costs - Backbone (20 Homes) Total Cost Per Lot
Utility Costs $379,871.28 $18,993.56
Contractor Costs $169,393.62 $8,469.68
Sub -Total $549,264.89 $27,463.24
Estimate of Costs - Right Of Way (20 Homes) Total
Utility Costs $298,720.00
Contractor Costs $142,800.00
Sub -Total $441,520.00
Estimate of Costs - Private Property (20 Homes) Total
Utility Costs $102.600.00
Contractor Costs $64,500.00
Sub -Total $167,100.00
Sample Area Total:
Sample Area Cost Per Lot:
$1,157,884.89
Cost Per Lot
$14,936.00
$7,140.00
$22,076.00
Cost Per Lot
$5,130.00
$3,225.00
$8,355.00
$57,894.24
2/17/2009 Butsko Utility Design, Inc.
Exhiud A City Ot L-a Quinta
Study Area 5
Area #5 Highland Palms
OVERALL ESTIMATE Area 5
Description of Area
Area south of Singing Palms Drive, west of Washington Streets, east and north of Highland Palms Drive
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line of the homes and businesses.
There are also existing overhead facilities on the street frontage of Desert Club Drive.
Description of existing services: The utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will approve placement of their new underground facilties in the existing streets
Estimate of Costs - Backbone (94 Homes) Total Cost Per Lot
Utility Costs $1,785,395.00 $18,993.56
Contractor Costs $796,150.00 $8,469.68
Sub -Total $2,581,545.00 $27,463.24
Estimate of Costs - Right Of Way (94 Homes) Total
Utility Costs $1,403,984.00
Contractor Costs $671,160.00
Sub -Total $2, 075,144.00
Estimate of Costs - Private Property (94 Homes) Total
Utility Costs $482,220.00
Contractor Costs $303,150.00
Sub -Total $785,370.00
Overall Area Total:
Overall Area Cost Per Lot:
$5,442,059.00
Cost Per Lot
$14,936.00
$7,140.00
$22,076.00
Cost Per Lot
$5,130.00
$3,225.00
$8,355.00
$57,894.24
2/17/2009 Butsko Utility Design, Inc.
U-BUTSK0 74-130 Country Club Drive, Suite 102
UTILITY D ism, INC. Palm Desert, CA 92260 Date: 1/28/09
Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit B
Dry Utility Opinion Of Cost
Backbone Overall Estimate
client: City of La Quinta Project: La Quinta - Study
kddress: 78-495 Calle Tampico Area 5 - Highland Palms Residential
La Quinta, CA 92562
%ttn: Nick Nickerson
Telephone: (760) 346-7481 Type: Residential
=ax: - (760) 346-8315 _ Ci 1County: La Quinta, Riverside Co
Sample Area - Highland Palms Drive
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
III) Distribution - Commercial
0
Ft.
$55.00
$0.00
IID Distribution - Residential
3705
Ft.
$45.00
$166.725 00
IID Back Bone Footage
4025
Ft.
$85.00
$342,125.00
IID Overhead Removals
7520
Ft.
$50
00
$376,000 00
IID Service Conversion with UG Service
0
Ea
$950
00
$0 00
IID Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$884,860.00
Telephone
Telephone Conversion/Relocation
7730
Ft.
$50
00
$386,500.00
Telephone Service Conversion with UG Service
0
Ea
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
ITCC Charges
0
Ea
33%
$127,545.00
Total
$514,046.00
CAN
CAN Conversion
7730
Ft.
$50.00
$386,500.00
CATV Service Conversion with UG Service
0
Ea
$950
00
$0 00
CATV Service Conversion with OH Service
0
Ea
$1,750.00
$0 00
Total
$386,500.00
Subtotal Utility Costs
$1,785,395.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
3705
Ft.
$105.00
$389,025 00
BB Trench, Backfill, Conduit, Semi Encasement
4025
Ea
$85
00
$342,125.00
Local Distribution Trench, Backfill, Conduit, No Encasement
1000
Ft.
$65
00
$65,000.00
Convert Service with existing UG Service
Ea
$1,800
00
$0.00
Convert Service with existing OH Service
Ea
$3,300.00
$0.00
Mainline Services
0
Ft.
$35.00
$0.00
Total
$796,150.00
Subtotal Contractor Costs
$796,160.00
Total Backbone Cost
$2,681,645.00
Total Number of Lots
94
Backbone Surcharge Per Lot
$27,463.24
,P BUTS K0 Date: 1128/2009
kA tmtrnr DESIGN' INC Exhibit B
Dry Utility Opinion Of Cost
Optional Items
Client:
City of La Quirlla
Project: La QUinla - Study
Address:
78-495 Calle Tampico
Area 5 - Highland Palms Residential
La Quinta, CA 92562
Backbone
Alin
Nick Nickerson
To,ephono:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County: La Quinta. Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0 00
Distribution Main/Bring - Up
0
Ft.
$17 00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea.
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract 0 Ea. $1,700.00 $0.00
Electroliers/Heads Backbone 9 Ea. $2,200.00 $20,377 50
Meter Pedestal 10 Ea. $3,655.00 $36,550 00
Total $66,927.50
,W BUTS K0 74-130 Country Club Drive, Suite 102
kAi ►] Palm Desert, CA 92260 Date: 1128109
Li'1'jLl'!Y DESIGN, INC, Palm
(760) 601-3390, Fax (760) 346-8518
Exhibit C
Dry Utility Opinion Of Cost
Residential Right of Way Estimate
Aient: City of La Quinta Project: La Quinta - Study
kddress: 78-495 Calle Tampico Area 5 - Highland Palms Residential
La Quinta, CA 92562
Mw Nick Nickerson
Telephone: (760) 346-7481 Type: Residential
=ax: (760) 346-8315 City/Count
y_ La Quinta, Riverside Co
Sample Area - Highland Palms Drive
Summary Estimatetl Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
200
Ft.
$55.00
$11,000.00
IID Distribution - Residential
1280
Ft
$45.00
$57,600.00
IID Back Bone Footage
200
Ft.
$85.00
$17,000.00
IID Overhead Removals
1280
Ft
$50.00
$64,000 00
IID Service Conversion with UG Service
0
Ea
$950 00
$0 00
IID Service Conversion with OH Service
0
Ea
$1,750 00
$0 00
Total
$149,600.00
Telephone
Telephone Conversion/Relocation
1280
Ft.
$50 00
$64,000.00
Telephone Service Conversion with UG Service
0
Ea
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea
$1,750 00
$0.00
ITCC Charges
0
Ea
33%
$21,120.00
Total
$85,120.00
CAN
CAN Conversion
1280
Ft.
$50 00
$64,000.00
CAN Service Conversion with UG Service
0
Ea
$950.00
$0 00
CAN Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$64,000.00
Subtotal Utility Costs
$298,720.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
200
Ft.
$105.00
$21,000.00
BB Trench, Backfill, Conduit, Semi Encasement
1280
Ea
$85.00
$108,800 00
Local Distribution Trench, Backfill, Conduit, No Encasement
200
Ft.
$65 00
$13,000.00
Convert Service with existing UG Service
0
Ea
$1,600.00
$0 00
Convert Service with existing OH Service
0
Ea
$3,300 00
$0.00
Mainline Services
0
Ft
$35 00
$0.00
Total
$142,800.00
Subtotal Contractor Costs
$142,800.00
Total Right Of Way Cost
$441,520.00
Total Number of Lots
20
Right of Way Surcharge Per Lot
$22,070.00
PB UTSKOF
Exhibit C
Dry Utility Opinion Of Cost
Optional Items
Date: 1/2812009
Client: City of La Quinta Project: La Quinta - Study
Address: 78-495 Calle Tampico Area 5 - Highland Palms Residential
La Quinta, CA 92562 Right Of Way
Attn: Nick Nickerson
Telephone: (760) 346-7481 Type: Residential
Fax: (7130) 346-8315 Ci 1Coun : La Quinta, Riverside Co
Gas
Distribution Main
Distribution Main/Bring - Up
Gas Main Relocation
Service Stubs
Joint Trench Credit
ITCC Charges
Total
Street Lights
Electroliers/Heads In -Tract
Electroliers/Heads Backbone
Meter Pedestal
Total
0 Ft.
$15.00
$0.00
0 Ft.
$17.00
$0.00
0 Ft.
$25.00
$0.00
0 Ea
$150.00
$0 00
0 Ft.
($1.00)
$0.00
0 Ea
35%
$0.00
$0.00
3 Ea
$1,700.00
$5,100.00
0 Ea
$2,200.00
$0.00
0 Ea
$3,655.00
$0.00
$5,100.00
,I BU"�(�� 74-130 Country Club Drive, Suite 102
iiAi ►7 Palm Desert, CA 92260 Date: 1128/09
UT[Li1Y DESIGN, INC Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit D
Dry Utility Opinion Of Cost
Residential Private Property Estimate
client: City of La Quinta Project: La Quinta - Study
4ddress: 78-495 Calle Tampico Area 5 - Highland Palms Residential
La Quinta, CA 92562
Mtn: Nick Nickerson
relephone-, (760) 346-7481 Type: Residential
Fax: (760) 346-8315 CitylCounty: La Quinta, Riverside Cc
Sample Area - Highland Palms Drive
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55 00
$0 00
IID Distribution - Residential
0
Ft.
$45.00
$0 00
IID Back Bone Footage
0
Ft.
$85.00
$0.00
IID Overhead Removals
0
Ft.
$50.00
$0 00
IID Service Conversion with UG Service
1
Ea
$950.00
$950 00
IID Service Conversion with OH Service
19
Ea
$1,750.00
$33,250.00
Total
$34,200.00
Telephone
Telephone Conversion/Relocation
0
Ft
$50 00
$0.00
Telephone Service Conversion with UG Service
1
Ea
$950.00
$950.00
Telephone Service Conversion with OH Service
19
Ea.
$1,750 00
$33,250 00
ITCC Charges
0
Ea.
33%
$0.00
Total
$34,200.00
CAN
CAN Conversion
0
Ft.
$50.00
$0.00
CAN Service Conversion with UG Service
1
Ea
$950.00
$950 00
CAN Service Conversion with OH Service
19
Ea
$1,750 00
$33,250 00
Total
$34,200.00
Subtotal Utility Costs
$102,600.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
0
Ft.
$105.00
$0.00
BB Trench, Backfill, Conduit, Semi Encasement
0
Ea
$85 00
$0 00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0.00
Convert Service with existing UG Service
1
Ea
$1,800.00
$1,800 00
Convert Service with existing OH Service
19
Ea
$3,300.00
$62,700.00
Mainline Services
0
Ft.
$35 00
$0.00
Total
$64,500.00
Subtotal Contractor Costs
$64,500.00
Total Private Propen Cost
$167,100.00
Total Number of Lots
20
Private Property Surcharge Per Lot
$8,365.00
UPBUISK0
Date: 1/2812009
Exhibit D
Dry Utility Opinion Of Cost
nai items
78-495 Calle Tampico Area 5 - Highland Palms Residential
La Quinta, CA 92562 Private Property
Nick Nickerson
(760) 346-7481 Type: Residential
(760) 346-8315 City/County: La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15 00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$26.00
$0.00
Service Stubs
0
Ea.
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea.
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
3
Ea
$1,700 00
$5,100 00
Electroliers/Heads Backbone
0
Ea.
$2,200.00
$0.00
Meter Pedestal
0
Ea.
$3,655.00
$0.00
Total
$5,100.00
Study Area 6 - Westward Ho: is residential and is bordered by Roudel Lane to the
west, Jefferson Street to the east, Westward Ho Drive to the north, and Cortez Lane
and Fiesta Drive to the south. Study Area 6 also includes the eastern side of Dune
Palms Road between Westward Ho Drive and the flood channel.
The utility's main overhead feeder systems run north and south along Dune Palms
Road and Roadrunner Lane. The utility's local distribution systems primarily run
along the rear property lines of the homes.
The Public Right of Way and Private Property cost estimates were based on a sample
study area of Fiesta Drive from Roadrunner Lane to Jefferson Street.
• The homes in this area are predominately served by underground services.
G The type of home and front and rear yard landscaping varies.
O Few vacant lots in this area.
• The residential lot frontage is greater than the Cove.
• The facilities along Fiesta Drive run along the lot frontages.
• 6 of the homes in this area are served by freestanding meters poles which
will require existing underground customer cable feeds will have to be
intercepted.
Exhibit A City Of La Quinta
Study Area 6
Area #6 Westward Ho
Sample Area
Fiesta Drive, from Roadrunner Lane to Jefferson Street
Description of Sample Area
Number of Lots in sample area: 28
Linear Footage: 1371
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the front property line of the homes.
There are also existing overhead facilities on the street frontage of Dune Palms Drive.
Description of existing services: The existing utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will install the new underground facilties in a shared joint trench in the existing streets
Estimate of Costs - Backbone (28 Homes) Total Cost Per Lot
Utility Costs $538,309.95 $19,225.36
Contractor Costs $220.597.83 $7,878.49
Sub -Total $758, 907.78 $27,103.85
Estimate of Costs - Right Of Way (28 Homes) Total
Utility Costs $344,716.50
Contractor Costs $132,535.00
Sub -Total $477,251.50
Estimate of Costs - Private Property (28 Homes) Total
Utility Costs $79,800.00
Contractor Costs $59,400.00
Sub -Total $139,200.00
Sample Area Total:
Sample Area Cost Per Lot:
$1,375,359.28
Cost Per Lot
$12,311.30
$4,733.39
$17,044.70
Cost Per Lot
$2,850.00
$2,121.43
$4,971.43
$49,119.97
2/17/2009 Butsko Utility Design, Inc.
Exhibit A City of La Quinta
Study Area 6
Area #6 Westward Ho
OVERALL ESTIMATE Area 6
Description of Area
Fiesta Drive, from Roadrunner Lane to Jefferson Street
Description of existing utilties: The existing overhead utilities include: Imperial Irrigation District (electric), Verizon (phone), Time Warner (cable TV).
The existing overhead facilities and poles are located along the rear property line and the front property lines of the homes.
There are also existing overhead facilities on the street frontage of Dune Palms Drive.
Description of existing services: The utility services are underground/overhead from the overhead poles to the homes...
Description of new underground utilties: The new underground utiliies will be placed in a shared joint trench.
It is assumed that the utilities will approve placement of their new underground facilties in the existing streets
Estimate of Costs - Backbone (83 Homes) Total Cost Per Lot
Utility Costs $1,595,704.50 $19,225.36
Contractor Costs $653,915.00 $7.878.49
Sub -Total $2,249,619.50 $27,103.85
Estimate of Costs - Right Of Way (83 Homes)
Utility Costs
Contractor Costs
Sub -Total
Total
$1,021,838.20
$392,871.61
$1,414,709.80
Estimate of Costs - Private Property (83 Homes) Total
Utility Costs $236,550.00
Contractor Costs $176.078.57
Sub -Total $412,628.57
Sample Area Total:
Sample Area Cost Per Lot:
$4,076,957.88
Cost Per Lot
$12.3t1.3G
$4,733.39
$17,044.70
Cost Per Lot
52.850.00
$2,121.43
$4,971.43
$49,119.97
2/17/2009 Butsko Utility Design, Inc.
rW BU i S �j 0 74-130 Country Club Drive, Suite 102
iAi �7�1 Palm Desert, CA 92260 Date: 1/28/09
i1 F[I.1�' aE51Gi�,1C, Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit B
Dry Utility Opinion Of Cost
Backbone Overall Estimate
;iient:
City of La Quinta
Project: La Quints - Study
%ddress:
78-495 Calle Tampico
Area 6 - Westward Ho
La Quints, CA 92562
kttn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
-ax:
(760) 346-8315
CitylCounty: La Quints, Riverside Co
Sample Area - Fiesta Drive from Roadrunner Lane to Jefferson Street
Summary Estimated Costs:
Description
Electric
IID Distribution - Commercial
IID Distribution - Residential
IID Back Bone Footage
IID Overhead Removals
IID Service Conversion with UG Service
IID Service Conversion with OH Service
Total
Telephone
Telephone Conversion/Relocation
Telephone Service Conversion with UG Service
Telephone Service Conversion with OH Service
ITCC Charges
Total
CAN
CATV Conversion
CATV Service Conversion with UG Service
CAN Service Conversion with OH Service
Total
Subtotal Utility Costs
Quantity Unit Cost Per
0
Ft.
$55.00
4570
Ft.
$45.00
2033
Ft.
$85.00
8960
Ft.
$50.00
0
Ea.
$950.00
0
Ea.
$1,750.00
6603 Ft. $50 00
0 Ea. $950.00
0 Ea. $1,750.00
0 Ea. 33%
6603 Ft. $50.00
0 Ea. $950.00
0 Ea. $1,750 00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
2033
Ft.
$105.00
BB Trench, Backfill, Conduit, Semi Encasement
4570
Ea
$85.00
Local Distribution Trench, Backfill, Conduit, No Encasement
800
Ft.
$65.00
Convert Service with existing UG Service
Ea
$1,800.00
Convert Service with existing OH Service
Ea
$3,300.00
Mainline Services
0
Ft.
$35.00
Cost
$0, 00
$205,650.00
$172,805.00
$448,000.00
$0.00
$0 00
$826,455.00
$330,150 00
$0.00
$0.00
$108,949 50
$439,099.50
$330,150.00
$0 00
$0.00
$330,150.00
$1,696,704.60
$213,465.00
$388,450.00
$52,000.00
$0.00
$0.00
$0.00
Total $653.916.00
Subtotal Contractor Costs $663,915.00
Total Backbone Cost $2.249,619.50
Total Number of Lots 83
£iackbone Surcharge Per Lot $27,103.86
FI BUTS1111 Ll TV DE Ko
Exhibit B
Dry Utility Opinion Of Cost
Optional Items
Date: 1 /2812009
(Client:
City of La Quinta
Projoct: La Quinta - 5turly
Address:
78-495 Calle Tampico
Area 6 - Westward Ho
La Quinta, CA 92562
Backbone
Attn:
Nick Nickerson
Telephone-
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
CitylCounty: La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0.00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea.
$150.00
$0.00
Joint Trench Credit
0
Ft.
($1.00)
$0.00
ITCC Charges
0
Ea.
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
0
Ea
$1,700.00
$0 00
Electroliers/Heads Backbone
5
Ea
$2,200.00
$11,181.50
Meter Pedestal
10
Ea
$3,655.00
$36,550.00
Total
$47,731.60
FABUTSK0 74-130 Country Club Drive, Suite 102
■ WILr)Y DESIGN, INC. Palm Desert, CA 92260 Date: 1128109
Phone: (760) 601-3390, Fax (760) 346-8518
Exhibit C
Dry Utility Opinion Of Cost
Residential Right of Way Estimate
Client: City of La Quinta Project: La Quinta . Study
Address: 78-495 Calle Tampico Area 6 - Westward Ho
La Quinta, CA 92562
Mtn: Nick Nickerson
Telephone: (760) 346-7481 Type: Residential
Fax: (760) 346-8315 CIty[County: La Quinta, Riverside Co
Sample Area - Fiesta Drive from Roadrunner Lane to Jefferson Street
Summary Estimates! Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55.00
$0.00
IID Distribution - Residential
571
Ft.
$45.00
$25,695 00
IID Back Bone Footage
800
Ft.
$85.00
$68,000.00
IID Overhead Removals
1826
Ft.
$50 00
$91,300 00
IID Service Conversion with UG Service
0
Ea
$950.00
$0.00
IID Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
Total
$184,995.00
Telephone
Telephone Conversion/Relocation
1371
Ft.
$50.00
$68,550.00
Telephone Service Conversion with UG Service
0
Ea.
$950.00
$0.00
Telephone Service Conversion with OH Service
0
Ea
$1,750 00
$0 00
ITCC Charges
0
Ea
33%
$22,621.50
Total
$91,171.50
CAN
CAN Conversion
1371
Ft.
$50 00
$68,550 00
CAN Service Conversion with UG Service
0
Ea.
$950.00
$0.00
CAN Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
Total
$68,550.00
Subtotal Utility Costs
$344,716.50
Contractor
BB Trench, Backfill, Conduit, Full Encasement
800
Ft.
$105.00
$84,000.00
BB Trench, Backfill, Conduit, Semi Encasement
571
Ea
$85.00
$48,536.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65 00
$0.00
Convert Service with existing UG Service
0
Ea
$1,800.00
$0.00
Convert Service with existing OH Service
0
Ea
$3,300.00
$0 00
Mainline Services
0
Ft.
$35.00
$0 00
Total
$132,536.00
Subtotal Contractor Costs
$132,535.00
Total Right of Way Cost
$132,535.00
Total Number of Lots
28
Right of Way Surcharge Per Lot
$4,733.39
FVB1UTSHO
Exhibit C
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Client:
City of La Quinta
PrajeCt La Quinta - Study
Address:
78-495 Calle Tampico
Area 6 - Westward Ho
La Quinta, CA 92562
Right Of Way
Attn-.
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
CitylCounty. La Quinta, Riverside Co
Gas
Distribution Main
0
Ft.
$15.00
$0.00
Distribution Main/Bring - Up
0
Ft.
$17.00
$0 00
Gas Main Relocation
0
Ft.
$25.00
$0.00
Service Stubs
0
Ea
$150.00
$0 00
Joint Trench Credit
0
Ft.
($1.00)
$0 00
ITCC Charges
0
Ea
35%
$0.00
Total
$0.00
Street Lights
Electroliers/Heads In -Tract
3
Ea
$1,700.00
$5,100.00
Electroliers/Heads Backbone
0
Ea.
$2,200.00
$0.00
Meter Pedestal
0
Ea
$3,655.00
$0.00
Total
$5,100.00
B���(0 � 74-130 Country Club Drive, Suite 202
11. U iY DESIGN, Palm Desert, CA 92260 Date: 1/28/09
UITPhone: (760) 601-3390, Fax (760) 346-8518
Exhibit D
Dry Utility Opinion Of Cost
Residential Private Property Estimate
:lient:
City of La Quinta
Project: La Quinta - Study
Iddress:
78-495 Calle Tampico
Area 6 - Westward Ho
La Quinta, CA 92562
1ttn.
Nick Nickerson
"elephone:
(760) 346-7481
Type: Residential
°ax:
(76i7) 346 8315
Cit
yLCounN-. La Quinta. Riverside Co
Sample Area - Fiesta Drive from Roadrunner Lane to Jefferson Street
Summary Estimated Costs:
Description
Quantity
Unit
Cost Per
Cost
Electric
IID Distribution - Commercial
0
Ft.
$55 00
$0 00
IID Distribution - Residential
0
Ft.
$45.00
$0 00
IID Back Bone Footage
0
Ft.
$85.00
$0.00
IID Overhead Removals
0
Ft.
$50 00
$0.00
IID Service Conversion with UG Service
28
Ea
$950.00
$26,600 00
IID Service Conversion with OH Service
0
Ea
$1,750.00
$0 00
Total
$26,600.00
Telephone
Telephone Conversion/Relocation
0
Ft.
$50.00
$0.00
Telephone Service Conversion with UG Service
28
Ea
$950 00
$26,600.00
Telephone Service Conversion with OH Service
0
Ea
$1,750.00
$0.00
ITCC Charges
0
Ea
33%
$0.00
Total
$26,600.00
CATV
CATV Conversion
0
Ft.
$50.00
$0.00
CATV Service Conversion with UG Service
28
Ea.
$950.00
$26,600.00
CATV Service Conversion with OH Service
0
Ea.
$1,750.00
$0.00
Total
$26,600.00
Subtotal Utility Costs
$79,800.00
Contractor
BB Trench, Backfill, Conduit, Full Encasement
0
Ft.
$105.00
$0.00
BB Trench, Backfill, Conduit, Semi Encasement
0
Ea
$85 00
$0.00
Local Distribution Trench, Backfill, Conduit, No Encasement
0
Ft.
$65.00
$0.00
Convert Service with existing UG Service
22
Ea
$1,800.00
$39,600.00
Convert Service with existing UG - SPECIAL Service
6
Ea
$3,300.00
$19,800.00
Mainline Services
0
Ft.
$35 00
$0.00
Total
$69,400.00
Subtotal Contractor Costs
$59,400.00
Total Private Prope Cost
$139.200.00
Total Number of Lots
28
Private Property Surchar a Per Lot
$4,971.43
VABU SK0
Exhibit D
Dry Utility Opinion Of Cost
Optional Items
Date: 1/28/2009
Client:
City of La Quinta
Project: La Quinta - Study
Address:
78-495 Calle Tampico
Area 6 - Westward Ho
La Quinta, CA 92562
Private Property
Attn:
Nick Nickerson
Telephone:
(760) 346-7481
Type: Residential
Fax:
(760) 346-8315
City/County. La Quinta, Riverside Co
Gas
Distribution Main
Distribution Main/Bring - Up
Gas Main Relocation
Service Stubs
Joint Trench Credit
ITCC Charges
Total
Street Lights
Electroliers/Heads In -Tract
Electroliers/Heads Backbone
Meter Pedestal
Total
0 Ft.
$15 00
$0.00
0 Ft.
$17 00
$0.00
0 Ft.
$25 00
$0.00
0 Ea.
$150.00
$0.00
0 Ft.
($100)
$0.00
0 Ea.
35%
$0.00
$0.00
3 Ea.
$1,700 00
$5,100.00
0 Ea.
$2,200 00
$0.00
0 Ea.
$3,655 00
$0.00
$6,100.00
Definitions and Terminology:
III) Electric — These are the direct IID costs associated with this work. These costs
include the total installed cost of all cable, connections, and equipment associated
with the work.
IID Distribution (Local Distribution) - This is the cost associated with the cable to be
placed in the street in front of the homes from transformer to transformer.
IID Backbone (Backbone) - This is the cost associated with the cable to be placed
from the backbone system to the distribution system.
IID Overhead Removals - Identifies estimated costs associated with the removal of
IID's overhead cable and poles and associated facilities. These fees have been
shown as separate line item to show the costs that IID may participate in under
Regulation 20.
IID Service Conversion with Existing Underground (UG) Service- Cost associated
with reconnecting existing underground service to the new underground service.
IID Service Conversion with Existing Overhead (OH) Service - Cost associated with
connecting a new underground service to the new underground system.
Verizon Telephone - These are the direct utility costs associated with this work.
These costs include the total installed cost of all cable, connections, and equipment
associated with the work.
Telephone Conversion/Relocation - This is the cost associated with the cable to be
placed in the street in front of the homes from terminal to terminal.
Telephone Service Conversion with Existing UG Service - Cost associated with
reconnecting existing service to the new underground service.
Telephone Service Conversion with Existing OH Service - Cost associated with
connecting a new service to the new underground system.
Income Tax Component of Contribution (ITCC) Charges - The city should be able to
petition the utility so that this tax is waived. The tax is shown and should be
included in budget numbers until this is verified at time of design and construction.
CATV (Time Warner) - These are the direct utility costs associated with this work.
These costs include the total installed cost of all cable, connections, and equipment
associated with the work.
CATV Conversion/Relocation - This is the cost associated with converting the
existing overhead system to an underground system. This cost includes the
placement of the new cable and the removals.
CATV Service Conversion with Existing UG Service - Cost associated with
reconnecting existing service to the new underground service.
CATV Service Conversion with Existing OH Service - Cost associated with connecting
a new service to the new underground system.
Contractor - These costs are the costs the city would pay directly to a contractor to
install all substructures (ie trenching, surface restoration, conduit installation,
concrete substructures installations as required by each utility). These costs include:
traffic control, dust and erosion control, mobilization and based upon a prevailing
wage contract.
Optional items not included in standard cost estimate per the request of the City of La
Quinta:
Gas —These are the direct utility costs associated with this work. These costs include the fees
to the Southern California Gas Company for installation of its facilities. Southern California
Gas Company may grant allowances based on the estimated usage and revenue allowance
formulas.
Distribution Main (In -tract) - Cost to have the Southern California Gas Company install pipe in
a trench provided by the City. This cost is for the main distribution facilities in the street
fronting the houses.
Distribution Main/Bring Up (Backbone) - Cost to have the Southern California Gas Company
install pipe in a trench provided by the City. This cost would be for the facilities running
east/west from Avenida Bermudas to Avenida Montezuma.
Service Stubs - Cost for the number of gas service lateral stubs tapped in from the gas main.
Joint Trench Credit - If the City provides the gas trench Southern California Gas Company
grant a credit per foot for their share of the trench.
Street Lights —These are the estimated costs associated with placing the cable and the street
light for this work.
Electroliers/Heads in -tract - The number of lights is based on placing two lights along each
segment of the in -tract street and at intersections.
Electroliers/Heads Backbone - The number of lights is based on placing a light at the end of
each street and at intersections. This cost would be for the lights to be placed east/west from
Avenida Bermudas to Avenida Montezuma.
Meter Pedestal - Cost for the City's contractor to place a electric meter pedestal to power the
lights.
Section 5: Review of Rules, Regulations, and Franchise Agreements
Imperial Irrigation District (IID) - electric, Verizon- telephone, and Time Warner -
cable television each have different Rules, Regulations, and Franchise Agreements
which dictate how each respective utility participates in undergrounding project.
This section of the study will address the specifics of each utility's requirements.
Imperial Irrigation District's participate in City initiated undergrounding projects is
done in accordance with IID's Regulation 20A. A copy of IID's Regulation 20 is
included in this report at the end of this section. Regulation 20A general provisions
are:
• The city must submit the requested project to IID for consideration and
consultation.
• The city must hold public hearings and adopt an ordinance establish an
undergrounding district.
■ The undergrounding area should be an area extensively used by the public
with a heavy volume of pedestrian or vehicle traffic.
The undergrounding district must be a minimum of one block or 600 feet in
length.
IID's financial participation is based upon it annual operating budgets and
pre -determined allocations for underground projects. In the event there is
no available budget for an undergrounding project the city should be able to
at least qualify for a credit equal to an equivalent overhead system in
accordance with Section B.
Verizon's participate in City initiated undergrounding projects are done in
accordance with Verizon's General Exchange Tariff Section 2 is included in this
report at the end of this section. Section 2 general provisions are:
The city must submit the requested project to Verizon for consideration and
consultation.
The city must hold public hearings and adopt an ordinance establish an
undergrounding district.
• The undergrounding area should be an area extensively used by the public
with a heavy volume of pedestrian or vehicle traffic.
Verizon will underground its facilities at the time and to the extent that the
overhead electric distribution facilities are replace.
Verizon at its expense, will replace the existing overhead facilities with
underground along public streets, roads, or on private land with easements.
Time Warner's participate in City initiated undergrounding projects should be in
accordance with it's Franchise Agreement with the City. Typically the cable
television provider will participate financially in a similar manor as the incumbent
phone company. In reviewing Time Warner's current Franchise Agreement with the
City of La Quinta, no provisions for undergrounding were found. It is very likely that
Time Warner will cooperate with the City and also underground it facilities in
conjunction with the other utilities.
Recommendations:
Begin meeting with the utilities as early once it is determined if the City will
proceed with a project area.
® IID budget more than a year in advance on major infrastructure projects. It
will be important to work closely with IID very early in the planning process
and in order to negotiate a satisfactory participation level with IID.
IID has hinted that it will someday be discontinuing its Regulation 20A
financial participation. Shared IID funding may not be available at some time
in the future.
• Confirm with Time Warner they will participate financially in a manor
equivalent to Verizon.
• The City will need to solicit community input, hold public
workshops/hearings, and pass ordinances establishing the undergrounding
districts in each area.
A
REGULATION NO.20
ELECTRIC LINE CONVERSION
REPLACEMENT OF OVERHEAD WITH UNDERGROUND
DISTRIBUTION FACILITIES Q 5-KV OR LESS)
The District will, at its expense, replace its existing overhead distribution facilities with
underground distribution facilities along public streets and roads, provided that:
1. The governing body of the city or county in which such distribution facilities are and
will be located has:
a. Determined, after consultation with the District and after holding public
hearings on the subject, that such undergrounding is in the general public
interest for one or more of the following reasons:
Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities;
Said street or road or right-of-way is extensively used by the general public
and carries a heavy volume of pedestrian or vehicular traffic;
b. Adopted an ordinance creating an underground district in the area in which
both the existing and new facilities are and will be located requiring, among
other things (i) that all existing overhead communication and electric
distribution facilities in such district shall be removed, and (ii) that each
property owner served from such electric overhead distribution facilities
shall provide, in accordance with the District's regulations for underground
service, all electrical facility changes on his premises necessary to receive
service from the underground facilities of the District as soon as it is
available, and (iii) authorizing the District to discontinue its overhead
service.
2. The District's total annual budgeted amount for undergrounding within any city or
the unincorporated area of any county shall be allocated in the same ratio that the
number of customers in such city or unincorporated area bears to the total system
customers. The amounts so allocated may be exceeded where the District establishes
that additional participation on a project is warranted. Such allocated amounts may
be carried over for a reasonable and necessary period of time in communities with
active undergrounding programs. In order to qualify as a community with an active
undergrounding program the governing body must have adopted an ordinance or
ordinances creating underground district and/or districts as set forth in Section A. L
of this regulation. Where there is a carry-over, the District has the right to set, as
determined by its capability, reasonable limits on the rate of performance of the
work to be financed by the funds carried over. Where amounts are not expended or
50
REGULATION NO.20 - ELECTRIC LINE CONVERSION
REPLACEMENT OF OVERHEAD WITH UNDERGROUND
DISTRIBUTION FACILITIES (15-KV OR LESS (Continued)
carried over for the community to which they are initially allocated they shall be
assigned where additional participation on a project is warranted or be reallocated to
communities with active undergrounding programs.
3. The undergrounding extends for a minimum distance of one block or 600 feet,
whichever is the lesser.
B. In circumstances other than those covered by A.1. above, the District will replace its existing
overhead distribution facilities with underground distribution facilities along public streets
and roads or other locations mutually agreed upon when requested by an applicant or
applicants where all of the following conditions are met:
1. All property owners served from the overhead facilities to be removed first agree in
writing to perform the wiring changes on their premises so that service may be
furnished from the underground distribution system in accordance with the District's
regulations and that the District may discontinue its overhead service upon
completion of the underground facilities, or
2. Suitable legislation is in effect requiring such property owners to make such
necessary wiring changes and authorizing the District to discontinue its overhead
service.
3. The applicant has:
a. Furnished and installed the pads and vaults for transformers and associated
equipment, conduits, ducts, boxes, pole bases and performed other work
related to structures and substructures including breaking of pavement,
trenching, back -filling and repaving required in connection with the
installation of the underground system, all in accordance with the District's
specifications, or in lieu thereof, paid the District to do so;
b. Transferred ownership of such facilities, in good condition, to the District;
and
C. Paid a nonrefundable sum equal to the excess, if any, of the estimated costs,
exclusive of transformers, meters and services, of completing the
underground system and building a new equivalent overhead system.
4. The area to be underground included both sides of a street for at least one block or
600 feet, whichever is the lesser, and all existing overhead communication and
electric distribution facilities within the area will be removed.
5. In circumstances other than those covered by 1. or 2. above, where mutually agreed
upon by the District and an applicant, overhead distribution facilities may be re-
51
REGULATION NO.20 - ELECTRIC LINE CONVERSION
REPLACEMENT OF OVERHEAD WITH UNDERGROUND
DISTRIBUTION FACILITIES (15-KV OR LESS) (Continued)
placed with underground distribution facilities, provided the applicant requesting the
change pays, in advance, a nonrefundable sum equal to the estimated cost of the
underground facilities less the estimated net salvage value and depreciation of the
replaced overhead facilities. Underground services will be installed and maintained
as provided in District's regulations applicable thereto.
6. The term "underground distribution system" means an electric distribution system
(15-kV or less) with all wires installed underground, except those wires in surface
mounted equipment enclosures.
Passed and adopted September 6, 1988,
52
GTE WEST COAST INCORPORATED
Everett, Washington
RULES AND REGULATIONS
INTERRUPTIONS AND FAILURES OF SERVICE (Continued)
GENERAL EXCHANGE TARIFF
Section 2
Original Cal. P.U.C. Sheet No. 39
C. ERRORS IN TRANSMITTING, RECEIVING OR DELIVERING ORAL MESSAGES BY TELEPHONE
The Utility shall not be liable for errors in transmitting, receiving or delivering oral messages by telephone over the lines of the
Utility and oonnecting utilities.
D. LOSS ARISING FROM NONDELIVERY OF WRITTEN MESSAGES
The Utility shall be liable for loss or damage which may occur in the course of the employment of any messenger not to
exceed twenty times the charge for such messenger service, and shall be liable for loss or damage that may occur in the
transmission of any message over its lines not to exceed the amount received for sending same.
FACILITIES TO PROVIDE REPLACEMENT OF AERIAL WITH UNDERGROUND FACILITIES
A. IN AREAS AFFECTED BY GENERAL PUBLIC INTEREST
The Utility will, at its expense, replace its existing aerial facilities with underground facilities along public streets and roads, and
on public lands and private property across which rights -of --way satisfactory to the Utility have been obtained, or may be
obtained without cost or condemnation, by the Utility, provided that:
Advice Letter No. 408E Issued By Date Filed APR 28,1997
Decision No. 94-09-065 Lida C. Tong, State Director Effective MAY 01,1997
External Affairs Resolution No, T-16000
GTE WEST COAST INCORPORATED
Everett, Washington
RULES AND REGULATIONS
GENERAL EXCHANGE TARIFF
Section 2
Original Cal. P.U.C. Sheet No. 40
FACILITIES TO PROVIDE REPLACEMENT OF AERIAL WITH UNDERGROUND FACILITIES (Continued)
A. IN AREAS AFFECTED BY GENERAL PUBLIC INTEREST (Continued)
1. The governing body of the city or county in which such facilities are located has determined, after consultation with the
Utility and after holding public hearings on the subject, that undergrounding is in the general public interest in a specified
area for one or more of the following reasons:
o Such undergrounding will avoid or eliminate an unusually heavy concentration of aerial facilities;
o Said street, or road or right -of --way is in an area extensively used by the general public and carries a heavy volume
of pedestrian or vehicular traffic;
o Said street, road or right-of-way adjoins or passes through a civic area or public recreation area or an area of
unusual scenic interest to the general public.
2. The governing body adopted an ordinance creating an underground district in the area requiring, among other things,
o That all existing and future electric and communication distribution facilities will be placed underground, and
o That each property owner will provide and maintain the underground supporting structure needed on his property
to furnish service to him from the underground facilities of the Utility when such are available.
3. The Utility will replace its aerial facilities at the time and only to the extent that the overhead electric distribution facilities
are replaced.
Advice Letter No. 408E Issued By Date Filed APR 28,1997
Decision No. 94-09-065 Lida C. Tong, State Director Effective MAY 01,1997
External Affairs Resolution No. T-16000
GTE WEST COAST INCORPORATED GENERAL EXCHANGE TARIFF
Everett, Washington Section 2
Original Cal, P.U.C. Sheet No. 41
RULES AND REGULATIONS
FACILITIES TO PROVIDE REPLACEMENT OF AERIAL WITH UNDERGROUND FACILITIES (Continued)
B, AT THE REQUEST OF GOVERNMENTAL AGENCIES OR GROUPS OF APPLICANTS
In circumstances other than those covered by A. above, the Utility will replace its aerial facilities located in a specified area
with underground facilities along public streets and roads, and on public lands and private property across which rights -of -way
satisfactory to the Utility have been obtained, or may be obtained without cost or condemnation, by the Utility upon request by
a responsible party representing a governmental agency or group of applicants where all of the following conditions are met:
1 All property owners served by the aerial facilities to be replaced within a specific area designated by the governmental
agency or group of applicants first agree in writing, or are required by suitable legislation, to pay the cost or to provide
and to transfer ownership to the Utility, of the underground supporting structure along the public way and other utility
rights -of -way in the area, and
2. All property owners in the area are required by ordinance or other legislation, or all agree in writing, to provide and
maintain the underground supporting structure on their property, and
3. The area to be undergrounded includes both sides of a street for at least one block, and
4. Arrangements are made for the concurrent removal of all electric and communication aerial distribution facilities in the
area.
Advice Letter No. 408E Issued By Date Filed APR 28, 1997
Decision No. 94-09-065 Lida C. Tong, State Director Effective MAY 01,1997
External Affairs Resolution No. T-16000
GTE WEST COAST INCORPORATED GENERAL EXCHANGE TARIFF
Everett, Washington Section 2
Original Cal. P.U.C. Sheet No, 42
RULES AND REGULATIONS
FACILITIES TO PROVIDE REPLACEMENT OF AERIAL WITH UNDERGROUND FACILITIES (Continued)
C. AT THE REQUEST OF INDIVIDUAL APPLICANTS
In circumstances other than those covered by A, B, or C above, where mutually agreed upon by the Utility and an applicant,
aerial facilities may be replaced with underground facilities, provided the applicant requesting the change pays, in advance, a
nonrefundable sum equal to the estimated cost of construction less the estimated net salvage value of the replaced aerial
facilities.
D. AT UTILITY INITIATIVE
The Utility may, from time to time, replace sections of its aerial facilities with underground facilities at Utility expense for
structural design considerations or its operating convenience.
LINE EXTENSIONS, SERVICE CONNECTIONS AND FACILITIES ON PREMISES OF CUSTOMER
A. LINE EXTENSIONS AND SERVICE CONNECTIONS
1 General
a, Except as otherwise provided in these Rules, the Utility will, at its expense, construct, own and maintain all
facilities necessary to serve applicants in accordance with its rates, rules and current construction standards,
provided dedicated streets are available or acceptable easements can be obtained without charge or
condemnation.
b. Where an applicant requests a route or type of construction which is feasible but differs from that determined by
the utility, he will be required to pay the estimated additional cost involved.
Advice Letter No. 408E Issued By Date Filed APR 28,1997
Decision No. 94-09-066 Lida C. Tong, State Director Effective MAY 01,1997
External Affairs Resolution No. T-16000
AGREEMENT RELATING TO THE CONSENT OF THE CITY A.
OF LA QUINTA, CALIFORNIA TO THE TRANSFER OF THE
FRANCHISE AGREEKENT HELD BY
MEDIA ONE ENTERPRISES, INC.
This Agreement (the "Transfer Agreement") is entered into
this 0_ day of July, 1999, between and among the City of La
Quinta, California (the "City"), and Media One Enterprises, Inc.,
(the "Transferor"), Summit Cable Services of Georgia, Inc., (the
"Transferee"), and TWI Cable Inc.(the "Guarantor").
WHEREAS, City Council entered into a Franchise Agreement
(the "Franchise") with a predecessor -in -interest of the
Transferor pursuant to the provisions of the La Quinta Municipal
Code (the "Ordinance") to operate a cable television system
within the City (the "System"); and
WHEREAS, the Transferor has filed a written application to
the City, (the "Application") wherein it has requested the
consent of the City to the assignment of the Franchise to the
Transferor (the "Transfer"); and
WHEREAS, it is the intent of the City to approve the
transaction whereby ownership and control of the Franchise and
the cable system (the "System") shall be held by the Transferee
and guaranteed by the Guarantor; and
WHEREAS, the City Council of the City has reviewed the
Transfer as well as all relevant documents, Staff Reports and
recommendations; and
WHEREAS, pursuant to the Ordinance, the Transfer is subject
to written consent of the City Council; and
WHEREAS, based upon the evidence presented to the City
124/013610-0004/3273421.3 wvdskte><ti".
Council, it has determined that it would be in the public
interest to conditionally approve the Transfer.
NOW, THEREFORE, it is agreed by and between the parties as
follows :
1. The City Council of the City hereby gives its consent
and approval to the Transfer as described herein.
2. The granting of this consent to the Transfer does not
render or waive the right of the City to approve any subsequent
change in the ownership of the Franchise or the ownership or
legal or operating control of the Transferee where required by
the Ordinance and there shall be no further material change,
amendment, or modification of the ownership or equity composition
of the Transferee which requires advance consent of the City
pursuant to the Ordinance without further written consent of the
City Council.
3. By executing this Transfer Agreement, the Transferee
agrees and acknowledges that (1) this Transfer Agreement and the
approving resolution is not a new franchise agreement, the
granting of a franchise, or the renewal of the existing
franchise, but rather is exclusively an agreement to transfer
control of the franchise and said Transfer Agreement neither
affects nor prejudices in any way the City's or Transferee's
rights under the Franchise; (2) under Section 625 of the Cable
Act, the term "commercially impracticable" means, with respect to
a cable operator, that it is commercially impracticable for the
operator to comply with such requirement as a result of a change
in conditions which is beyond the control of the operator and the
nonoccurrence of which was a basic assumption on which the
requirement was based. Transferee agrees that in judging whether
particular obligations are commercially impracticable, the
parties will not consider the economic burden of debt service and
124/QLS610-0004/3273421.3 a<d&t—<tLer> -2-
equity requirements incurred directly or indirectly to fund the
Transfer to the extent such debt service and equity exceeds the
debt service and equity requirements of the Transferor as they
existed prior to the Transfer.
4. By executing this Transfer Agreement, the Transferee
hereby accepts all the terms and conditions of the Franchise, the
Ordinance, that "Agreement relating to the Consent of the City of
La Quinta, California to the Transfer of Control of the Franchise
Agreement Granted to Providence Journal Company", dated as of
October 17, 1995, (the 111995 Transfer Agreement"), that
"Agreement Relating to the Consent of the City of La Quinta,
California to the Transfer of Control of the Franchise Agreement
Granted to Continental Cablevision, Inc., to U.S. West, Inc.",
approved as of August 6, 1996 (the 111996 Transfer Agreement"),
any lawful orders or directives of any administrative agency
relating to the Franchise or the System including, but not
limited to, the Federal Communications Commission (the
-''Commission") and.this Transfer Agreement (collectively, the
"Franchise Documents") and Transferee represents and warrants
that it has examined the requirements of the Franchise Documents
as well as the applicable federal, state, or local laws or
regulations, and agrees to abide by all the terms and conditions
thereof.
The Transferee agrees and acknowledges that it has found the
Franchise Documents specified herein to be legally sufficient,
enforceable, valid, and binding and accept the same without
condition or reservation. Transferee shall assume all rate
refund obligations and possessory interest tax refund liability,
if any, both actual and contingent, of the Transferor. The
Transferor agrees to cooperate and furnish relevant information
in relation to any audit and/or investigation relative to any
audit and/or investigation relative to breaches and/or defaults
accruing subsequent to the Transfer.
124/015G10-0004/3273421.3 a<data><Cim . — 3
To the extent that the Transferee or Guarantor, or any
related person or entity, challenges the validity or
interpretation of the Franchise Documents in the future in any
administrative proceeding or court of law, such a challenge shall
be subject to all defenses which would have been available to the
City had the Transferor, or any related person or entity, brought
said challenge(s) including, but not limited to, waiver,
estoppel, consent, unclean hands and accord and satisfaction, as
well as any and all defenses independently available to the
Transferee or Guarantor.
5. The parties expressly agree and acknowledge that
Paragraph 5 of the 1996 Transfer Agreement, and the terms and
conditions thereof, are applicable and binding upon, the
Transferee in relation to this Transfer for the period from the
Effective Date of this Transfer Agreement until the earlier of a
substantive modification of the Federal Communications
Commission's existing Cost -of -Service Regulations so that
Transfer Goodwill, or a portion thereof, is expressly provided as
being includable in the calculation of any Regulated Rate or the
Fifth Anniversary of the Effective Date of this Transfer
Agreement.
6. On or before the Effective Date, the Transferor, or its
designee, shall pay to the City up to the sum of Five Thousand
Dollars ($5,000.00), as invoiced by the City, which amount is
paid in, and only in, complete satisfaction and reimbursement of
all thin: -party costs incurred by the City in relation to the
Transfer (the "Payment"). In regard to said Payment, the parties
expressly agree and covenant as follows:
A. The Payment is within the exclusions from the term
"franchise fee" set forth in Section 622(g)(2) of the Cable Act
(47 U.S.C. §542(g)(2); and
124/015610-0004/3273421.3 a<d^te-<tiwA> - 4 -
B. The Payment shall not be deemed to be in the
nature of a tax, and shall be in addition to any and all taxes of
general applicability or other fees or charges which the
Transferor, the Transferee, or the Guarantor shall be required to
pay to the City or to any state or federal agency or authority;
and
C. Neither the Transferor, the Transferee nor the
Guarantor shall have or make any claim or any deduction or other
credit of all or any part of the amount of the Payment to be made
pursuant to the franchise from or against any City or other
governmental taxes of general applicability (including any such
tax, fee, or assessment imposed on both utilities and cable
operators or their services but not including a tax, fee, or
assessment which is duly discriminatory against cable operators
or cable subscribers or income taxes) or other fees or charges
which the Transferor, the Transferee, or the Guarantor is
_-required to pay to -the City or other governmental agency; and
D. Neither the Transferor, the Transferee, nor the
Guarantor shall apply or seek to apply all or any part of the
amount of the Payment to be made pursuant to this Transfer
Agreement as a deduction or other credit from or against any City
or other government taxes of general applicability (other than
income taxes) or other fees or charges; and
E. Neither the Transfer, the Transferee nor the
Guarantor'shall apply or seek to apply all or any part of the
amount of any City or other government taxes or other fees or
charges of general applicability (including any such tax, fee, or
assessment imposed on both utilities and cable operators or their
services) as a deduction or other credit from or against the
Payment to be made pursuant to this Transfer Agreement; and
124/015610-0004/3213421.3 ■<dateti", - 5 -
7. In regard to the Payment made to the City pursuant to
this Transfer Agreement, the Transferor, Transferee, Guarantor,
or any affiliate party will not pass through, externalize, or
otherwise attempt to add the costs of the Payment pursuant to
Paragraph 6 hereof, to any regulated rate.
8. Transferee represents that the letter of credit,
insurance and bonding required by the Franchise Documents have
been obtained, and that there will be no gaps in required
coverages or liabilities. Transferee will continue to maintain
the letter of credit and bonds that it was required to maintain
under the Franchise notwithstanding the Transfer.
9. Transferor and Transferee agree to defend, indemnify
and hold the City harmless against any loss, claim, damage,
liability or expense (including, without limitation, reasonable
attorney's fees) arising out of this Transfer Agreement and/or
incurred as a result of any representation or warranty made by
_ Transferor or Transferee herein or in the application or in
connection with the City's Review of the Transfer which proves to
be untrue or inaccurate in any material respect. In the event
the City receives any such notice of a loss, claim, damage,
liability or expense, the City shall promptly notify Transferor
and Transferee which shall, at the sole discretion of the City
assume sole and direct responsibility for defending against any
such loss, claim, damage, liability or expense.
10. This consent is not an affirmation that Transferor is
currently in compliance with the Franchi�.e Agreement. Any
consent given by the City in this Transfer Agreement and any
resolution approving this Transfer Agreement is not a finding
that, after the Transfer, Transferor or Transferee will be
financially, technically or legally qualified, and no inference
will be drawn, positively or negatively, as a result of the
absence of a finding on this issue. Any consent is therefore
124/015610-0004/3273421.3 ■<dat-�ctima> — 6 —
made without prejudice to, or waiver of, the City's right to
fully investigate and consider Transferor or Transferee's
financial, technical and legal qualifications and any other
relevant considerations during any proceeding including by way of
example and not limitation, any future transfer or renewal
proceeding. Without limiting the foregoing, any approval of the
Transfer is not a finding or representation that the Franchise
will be renewed or extended (and approval shall not create an
obligation to renew or extend the Franchise); that Transferor or
Transferee is "financially, technically or legally" qualified to
hold a franchise; or that any other renewal issue that may arise
with respect to past performance or future cable -related needs
and interests will be resolved in a manner favorable to
Transferor or Transferee. Unless provided for within this
Transfer Agreement, nothing in this Transfer Agreement shall
constitute a waiver of any of Transferor's, Transferee's,
Guarantor's, or City's rights or remedies under federal, state or
local law.
11. The Transferee and Guarantor expressly agree that any
litigation arising from or relating to the Franchise Documents
shall be filed and litigated exclusively in the Superior Court,
County of Riverside, State of California or, if jurisdictional
requirements are otherwise met, the Federal District Court for
the Central District, California. Transferee and Guarantor
hereby jointly accept service of process by way of service upon
the General Manager of the local office of the Transferee.
12. Guarantor hereby guarantees all of the obligations of
the Franchise Documents as a joint and several primary liable
party. Guarantor hereby waives any obligation which the City
might possess to exhaust its remedies against the Transferee as a
condition of enforcing obligations against the Guarantor pursuant
to the Franchise Documents.
124/015610-0004/3273421.3 acdata><tima> - % -
13. Any violation of this Transfer Agreement or any of the
terms contained in the Franchise Documents shall be deemed to be
a violation of the Franchise and the Ordinance.
14. Transferee shall maintain a local office, staffed by
live personnel which are employees of the Transferee, at which,
at a minimum, subscribers can pay bills, receive or exchange
equipment, and receive information within a six (6) mile radius
of the intersection of Washington Street and Highway 111.
15. In addition to the Payment and any other payment
required by this Transfer Agreement, Transferor shall reimburse
the City the actual costs of an independent franchise fee audit
for Fiscal Years 1995-1996 through 1998-1999 within thirty (30)
days of the submission of a City invoice if, and only if, the
audit concludes that the City has been underpaid franchise fees
by one percent (1%) or more, as provided by Section 5.10.230(C)
of the Ordinance. Transferor and Transferee shall cooperate with
the City's audit of franchise fees. The City shall reasonably
attempt to complete a final audit report (the "Audit Report") of
franchise fees owed by Transferor within ninety (90) days of the
Effective Date of this Agreement assuming that the Transferor
and/or Transferee expeditiously respond to the City's Information
Requests. If the Audit Report finds that Transferor owes the
City underpaid franchise fees under the Franchise, and the
difference between the amount paid and -the amount determined by
the City's audit is less than five percent (5%) of the amount
paid to the City, or if Transferor does not dispute the results
of the City's audit, then Transferor shall pay the City the
difference in the amount determined to be owed by the Audit
Report. This obligation is guaranteed by the Transferee. If the
Audit Report determines that the amount due and owing is more
than five percent (5%) greater than the amount paid to the City
and Transferor disputes the audit results, the dispute shall be
submitted to a mutually agreed upon, independent certified public
124/015610-0004/3273421.3 a<daca><t LMOI - 8 -
accountant ("CPA") whose determination of amount of franchise
fees due shall be final and binding on the parties. The costs of
hiring the CPA shall be borne by Transferor. Any amounts
determined by the independent CPA to be owed to the City shall be
paid to the City within thirty (30) days of such determination.
16. Transferor represents and warrants that it has received
cash refunds from Riverside County relating to possessory
interest tax payments for tax years to (the "Tax
Years"). All, or a portion of these tax payments, were collected
from subscribers as line item surcharges on monthly cable bills.
Not later than four (4) months from the Effective Date,
Transferee agrees to provide a written accounting to the City of
the total amount collected from La Quinta subscribers for the Tax
Years (the "Subscriber Payments"), the amount of the total refund
received from Riverside County for the Tax Years (the "Total
Refund"), the amount of the Total Refund allocable to La Quinta
Subscribers on a pro rata subscriber basis (the "Gross La Quinta
Refund"), the amount of expenses allocable to La Quinta
Subscribers (the "Expense Allocation"), and the "Net Refund" due
La Quinta Subscribers, which is the Gross La Quinta Refund less
the Expense Allocation. The Expense Allocation shall not exceed
ten percent (10%) of the Gross La Quinta Refund. The Net Refund
shall be credited to current subscribers no later than six (6)
months from the Effective Date and written proof of said refund
shall be submitted to City no later than eight (8) months from
the Effective Date.
17. Transferee will provide interactive high speed cable
modem sezvices to buildings owned or controlled by the City at
most favorable commercial or governmental rate offered anywhere
in its San Diego Division systems by the Transferee, the
Guarantor, or any Affiliate thereof.
18. The City hereby gives the Transferee notice that the
Grant or transfer of the Franchise may create a taxable
124/015610-0004/3273421.3 a<data>ctime, - 9 -
possessory interest upon which the Transferee may be liable for
the payment of certain property taxes. The Transferee hereby
acknowledges that it has received actual notice as provided by
Revenue and Taxation Code Section 107.6
19. This Transfer Agreement shall be deemed effective upon
the closing of the Transfer (the "Effective Date").
20. This Transfer Agreement may be executed in any number
of counterparts, each of which shall be an original, but all of
which together shall constitute one instrument. The parties
agree that this Transfer Agreement will be considered signed when
the signature of a party if delivered by facsimile transmission.
Such facsimile signature shall be treated in all respects as
having the same effect as an original signature.
[SIGNATURE BLOCK NEXT PAGE]
124/01S610-0004/3273421.3 ■<date><time> — 10 -
ATTE T :
r
' y Clerk
APPROVED:
rd
1.W. �
w _ ,
NOW
lb,
i
CITY OF LA QUINTA, CALIFORNIA
(the "City")
By: � JpL
Its:
MWIA ONE ENTERPRISES, INC.
(the "Transferor")
By:
Its:
SIINNIT CABLE SERVICES OF
GEORGIA, INC.
(the "Transferee")
By:
Its:
TWI CABLE INC.
(the "Guarantor")
By:
124/015610-0004/3273421.3 &<date>ctie > — 1 1 —
Its:
JW -19-99 01.31pm From-RUTAN Z TUCKER CM,
ATTEST:
City Clerk
7APPROVED:
titan Tucker, LLP
Special Counsel
11u015610 MV327U21 3 a07r19199
-11-
7145469035 T-111 P.02/02 F-698
CITY OY La QUINT&, CALIFORNIA
(the °City")
By:
ts:
MIA ONE ENTERPRISES, INC.
(the "Transferor")
By:
SMINIT CABLE SRRVICES OF
GROSGIA, INC.
(tile "Transferee")
By:
Trs:
TNI CABLE INC.
(the "Guarantor")
By : --
TL8
07-19-99 13:31 RECEIVED FROM:7145469935 P-82
--07/19/99 MON 15:37 FAX 310 647 3036
07-19-99 15:15 City of La Auinta
MediaOne
ID-769 777 7161
0002
P.93
ATTEST:
ty Clerk
APPROVED:
Rutan & Tucker, LLP
Special Counsel
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CITY OF LA QUINTA, CALIFORNIA
(the "City")
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ATTACHMENT 2
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ATTACHMENT 3
Draft Agreement for Contract Services
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made
and entered into by and between the CITY OF LA QUINTA, ("City"), a California
municipal corporation, and Name[insert the type of business entity, e.g. sole
proprietorship, CA Limited Liability Corp, an S Corp.] ("Contracting Party").
The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to the
Village Undergrounding Feasibility Study, Project 2022-06, as specified in the
"Scope of Services" attached hereto as "Exhibit A" and incorporated herein by
this reference (the "Services"). Contracting Party represents and warrants
that Contracting Party is a provider of first-class work and/or services and
Contracting Party is experienced in performing the Services contemplated
herein and, in light of such status and experience, Contracting Party covenants
that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the
purpose intended. For purposes of this Agreement, the phrase "industry
standards" shall mean those standards of practice recognized by one or more
first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules,
regulations, and laws of the City and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party shall obtain at its sole cost and expense
such licenses, permits, and approvals as may be required by law for the
performance of the Services required by this Agreement, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party shall have the sole obligation to pay for any
fees, assessments, and taxes, plus applicable penalties and interest, which
may be imposed by law and arise from or are necessary for the performance
of the Services required by this Agreement, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors' compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party's risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party's work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City's own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services ("Additional Services") only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
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change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer's, or assigned designee's written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in "Exhibit D"
(the "Special Requirements"), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
"Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed
XXX Dollars ($XXXX). (the "Contract Sum"'), except as provided in Section 1.7.
The method of compensation set forth in the Schedule of Compensation may
include a lump sum payment upon completion, payment in accordance with
the percentage of completion of the Services, payment for time and materials
based upon Contracting Party's rate schedule, but not exceeding the Contract
Sum, or such other reasonable methods as may be specified in the Schedule
of Compensation. The Contract Sum shall include the attendance of
Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation
for attending said meetings. Compensation may include reimbursement for
actual and necessary expenditures for reproduction costs, transportation
expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of
compensation set forth in the Schedule of Compensation, Contracting Party's
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overall compensation shall not exceed the Contract Sum, except as provided
in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City's Finance Director, an invoice for Services rendered prior to the date
of the invoice. Such invoice shall (1) describe in detail the Services provided,
including time and materials, and (2) specify each staff member who has
provided Services and the number of hours assigned to each such staff
member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City's Finance
Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant
to Section 1.7 of this Agreement shall be paid for in an amount agreed to in
writing by both City and Contracting Party in advance of the Additional
Services being rendered by Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by
the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer, or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement. If the Services not completed in accordance with the
Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is
understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period
established in "Exhibit C" (the "Schedule of Performance"). Extensions to the
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time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of
Performance for performance of the Services rendered pursuant to this
Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Contracting
Party, including, but not restricted to, acts of God or of the public enemy,
fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, shall ascertain the facts and the extent of delay, and
extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer's judgment such delay is justified, and the
Contract Officer's determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle
the Contracting Party to additional compensation in excess of the Contract
Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on December 7, 2022, and terminate on ("Initial Term"'). This
Agreement may be extended for two (2) additional year(s) upon mutual
agreement by both parties ("Extended Term"), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party ("Principals") are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Name:
Tel No.
E-mail:
(b) Name:
Tel No.
Email:
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It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as
the Bryan McKinney, Public Works Director or assigned designee may
be designated in writing by the City Manager of the City. It shall be
Contracting Party's responsibility to assure that the Contract Officer, or
assigned designee, is kept informed of the progress of the performance of
the Services, and Contracting Party shall refer any decisions, that must be
made by City to the Contract Officer, or assigned designee. Unless
otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract
Officer, or assigned designee, shall have authority to sign all documents on
behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract with any other entity to perform in whole or
in part the Services required hereunder without the express written approval
of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City's express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees
shall have any control over the manner, mode, or means by which Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
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discharge, supervision, or control of Contracting Party's employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System ("PERS") as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers' compensation laws
regarding Contracting Party and Contracting Party's employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers' compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party's failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
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that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency's Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party's performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
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increased or decreased cost related thereto and, if Contracting Party is
providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the "Books and Records"), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party's business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party's
successor in interest. Under California Government Code Section 8546.7. if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the "Documents and Materials") shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
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Materials for other projects and/or use of uncompleted documents without
specific written authorization by Contracting Party will be at City's sole risk
and without liability to Contracting Party, and Contracting Party's guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party for the specific purpose intended and causes
to be made or makes any changes or alterations in said Documents and
Materials, City hereby releases, discharges, and exonerates Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
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documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party's covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed both as to validity and to performance of the parties in
accordance with the laws of the State of California. Legal actions concerning
any dispute, claim, or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or general welfare, City may take such immediate action
as City deems warranted. Compliance with the provisions of this Section shall
be a condition precedent to termination of this Agreement for cause and to
any legal action, and such compliance shall not be a waiver of any party's right
to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit City's right to terminate this Agreement without
cause pursuant to this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
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8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses, costs,
liabilities, or damages it reasonably believes were suffered by City due to the
default of Contracting Party in the performance of the Services required by
this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or
remedy of a non -defaulting party on any default shall impair such right or
remedy or be construed as a waiver. City's consent or approval of any act by
Contracting Party requiring City's consent or approval shall not be deemed to
waive or render unnecessary City's consent to or approval of any subsequent
act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to
rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either
party may take legal action, at law or at equity, to cure, correct, or remedy
any default, to recover damages for any default, to compel specific
performance of this Agreement, to obtain declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section for termination for cause. City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty
(30) days' written notice to Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for
all Services rendered prior to receipt of the notice of termination and for any
Services authorized by the Contract Officer, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City -owned property which Contracting
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Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
to completion by contract or otherwise, and Contracting Party shall be liable
to the extent that the total cost for completion of the Services required
hereunder exceeds the compensation herein stipulated (provided that City
shall use reasonable efforts to mitigate such damages), and City may withhold
any payments to Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys' fees; provided,
however, that the attorneys' fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and
in addition a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party's performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Bryan McKinney
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
VENDORS COMPANY NAME
VENDORS CONTACT
VENDORS STREET ADDRESS
VENDORS CITY, STATE, ZIP
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
-14-
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
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10.9 No Third -Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third -party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA, CONTRACTING PARTY:
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
By:
Name:
Title:
By:
Name:
Title:
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Exhibit A
Scope of Services
1. Services to be Provided:
[TO BE FINALIZED AND PROVIDED BY STAFF]
2. Performance Standards:
[TO BE PROVIDED BY STAFF]
Exhibit A
Page 1 of 5 Last revised summer 2017
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing
Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on "Public works" and "Maintenance" projects. If the Services
are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a "Public works" project unless registered with
the California Department of Industrial Relations ("DIR") at the time the
contract is awarded. If the Services are being performed as part of an
applicable "Public works" or "Maintenance" project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party's or any of its
subcontractor's DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party's
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY -
Exhibit A
Page 2 of 5
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all "Public works" (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City's failure to
deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk -line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
Exhibit A
Page 3 of 5
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party's cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party's cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
Exhibit A
Page 4of5
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
Exhibit A
Page 5of5
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed
($ ) ("Contract Sum"). The Contract
Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party's schedule of
compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this
Agreement.
Exhibit B
Page 1of1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project
Schedule, attached hereto and incorporated herein by this reference.
Exhibit C
Page 1of1
Exhibit D
Special Requirements
[insert Special Requirements or indicate "None" if there are none]
Exhibit D
Page 1of1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, the following policies shall be maintained and kept in full force
and effect providing insurance with minimum limits as indicated below and
issued by insurers with A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General
Liability insurance against all claims for injuries against persons or damages
to property resulting from Contracting Party's acts or omissions rising out of
or related to Contracting Party's performance under this Agreement. The
insurance policy shall contain a severability of interest clause providing that
the coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party shall carry automobile liability insurance of
$1,000,000 per accident against all claims for injuries against persons or
Exhibit E
Page 1 of 6
damages to property arising out of the use of any automobile by Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party's
performance under this Agreement. If Contracting Party or Contracting
Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for
each such person. The term "'automobile" includes, but is not limited to, a
land motor vehicle, trailer or semi -trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contracting
Party's performance hereunder and neither City nor its insurers shall be
required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as
appropriate shall be written on a policy form coverage specifically designed to
protect against acts, errors or omissions of the Contracting Party and "Covered
Professional Services" as designated in the policy must specifically include
work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf
of" the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of
this agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability
limits no less than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self -insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party's obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party fails to provide or maintain any insurance policies or policy
Exhibit E
Page 2 of 6
endorsements to the extent and within the time herein required, City may, at
its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to
any other remedies City may have. The above remedies are not the exclusive
remedies for Contracting Party's failure to maintain or secure appropriate
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party's or its subcontractors' performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third
party general liability coverage required herein to include as additional
insureds City, its officials, employees, and agents, using standard ISO
endorsement No. CG 2010 with an edition prior to 1992. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party's employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party
and available or applicable to this Agreement are intended to apply to the full
extent of the policies. Nothing contained in this Agreement or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
Exhibit E
Page 3 of 6
4. None of the coverages required herein will be in compliance with
these requirements if they include any limiting endorsement of any kind that
has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that
would serve to eliminate so-called "third party action over" claims, including
any exclusion for bodily injury to an employee of the insured or of any
contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party's general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In
the event such proof of any insurance is not delivered as required, or in the
event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party or any
subcontractor, is intended to apply first and on a primary, non-contributing
basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party agrees not to self -insure or to use any self -
insured retentions or deductibles on any portion of the insurance required
herein (with the exception of professional liability coverage, if required) and
Exhibit E
Page 4of6
further agrees that it will not allow any contractor, subcontractor, Architect,
Engineer or other entity or person in any way involved in the performance of
work on the project contemplated by this agreement to self -insure its
obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention
must be declared to the City. At that time the City shall review options with
the Contracting Party, which may include reduction or elimination of the
deductible or self -insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
the City will negotiate additional compensation proportional to the increased
benefit to City.
12. For purposes of applying insurance coverage only, this Agreement
will be deemed to have been executed immediately upon any party hereto
taking any steps that can be deemed to be in furtherance of or towards
performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party of non-
compliance with any insurance requirement in no way imposes any additional
obligations on City nor does it waive any rights hereunder in this or any other
regard.
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party's insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
Exhibit E
Page 5 of 6
16. The provisions of any workers' compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and
distinct from any other provision in this Agreement and are intended by the
parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and
provisions of this Agreement to the extent that any other section or provision
conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no
contract used by any party involved in any way with the project reserves the
right to charge City or Contracting Party for the cost of additional insurance
coverage required by this agreement. Any such provisions are to be deleted
with reference to City. It is not the intent of City to reimburse any third party
for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party arising out of the work performed
under this agreement. City assumes no obligation or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
Exhibit E
Page 6of6
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party's Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents ("Indemnified Parties") from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party shall not be liable for any injuries or property damage
resulting from the reuse of the design at a location other than that specified
in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties from and against
any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation,
where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Contracting Party or by any individual or entity for which Contracting Party is
legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 1 of 3
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City's active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Desian Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a "design professional" as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents ("Indemnified
Parties") from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries
or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting
Pa rty.
3. Design Professional Defined. As used in this
Section F.1(d), the term "design professional" shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
Exhibit F
Page 2of3
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. Failure
of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are
binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
Exhibit F
Page 3of3
ta
ATTACHMENT 4
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
I,
confirm that
Must be executed by proposer and submitted with the proposal
(name) hereby acknowledge and
(name of company) has reviewed
the City's indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City's Professional Services Agreement (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is
awarded.
Iam
(Title)
of
(Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker's Compensation (per statutory requirements)
Must include the following endorsements:
Worker's Compensation Waiver of Subrogation
Worker's Compensation Declaration of Sole Proprietor if applicable
I,
Iam
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ATTACHMENT 5
NON -COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
(Title)
(name) hereby declare as follows:
of ,
(Company)
the party making the foregoing proposal, that the proposal is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization,
or corporation; that the proposal is genuine and not collusive or sham; that the proposer
has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed
with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain
from proposing; that the proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the
proposer or any other proposer, or to fix any overhead, profit, or cost element of the
proposal price, or of that of any other proposer, or to secure any advantage against the
public body awarding the agreement of anyone interested in the proposed agreement;
that all statements contained in the proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal price or any breakdown thereof,
or the contents thereof, or divulged information or data relative hereto, or paid, and will
not pay, any fee to any corporation, partnership, company, association, organization,
proposal depository, or to any member or agent thereof to effectuate a collusive or sham
proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Proposer Signature:
Proposer Name:
Proposer Title:
Company Name:
Address:
ta
ATTACHMENT 6
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark "N/A" under Addendum No, indicating
Not Applicable and sign
ADDENDUM NO. I SIGNATURE INDICATING RECEIPT
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ATTACHMENT 7
EVALUATION CRITERIA
Max Pts
-Category
Understanding of work to be done
Staffing and Scope of Work
Pertinent Project Experience
Format/Organization
Intangible Qualities
Total
Scoring Breakdown:
Scope of Work- 30 points maximum
0-14: Scope of work is off topic or is missing more than 5 key elements.
15-24: Scope of work is understandable but missing a few key elements.
25-30: Scope of work well justified, specific, and most or all key elements are included.
Staffing and Project Approach - 30 points maximum
0-15 points: Staffing/Project Approach is not clearly listed or does not match scope of
work proposed.
15-20 points: Staffing/Project Approach is included but experience is only somewhat
relevant or similar.
20-30 points: Staffing/Project Approach is included, matches the scope of work, and
staffing experience is detailed and very relevant.
Pertinent Project Experience - 20 points maximum
0-7 points: Consultant does not include previous experience or has very minimal
experience.
8-13 points: Consultant lists previous experience, but experience is somewhat relevant
or similar.
14-20 points: Consultant lists significant relevant previous experience with very similar
work.
Format/Organization - 10 points maximum
0-3: Scope of work is not or barely organized into tasks and subtasks, does not flow
clearly.
4-6: Scope of work is organized into tasks and subtasks, but not in a clear logical order.
7-10: Scope of work is well organized into logical tasks and subtasks to complete a
project.
Intangible Qualities - 10 points maximum
Intangible qualities are those traits or abilities that are not included in the above
categories.