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HomeMy WebLinkAbout08 C4 CVWD Utility Agreements Dune Palms Bridge 2011-05City of La Quinta CITY COUNCIL MEETING:June 16, 2020 STAFF REPORT AGENDA TITLE: APPROVE DOMESTIC WATER AND SEWER UTILITY AGREEMENTS AND BILL OF SALE WITH THE COACHELLA VALLEY WATER DISTRICT FOR THE DUNE PALMS ROAD BRIDGE (PROJECT NO. 2011-05/111205) RECOMMENDATION Approve Domestic Water and Sewer Agreements, and Bill of Sale with the Coachella Valley Water District for the Dune Palms Road Bridge Project; and authorize the City Manager to execute the Agreements. EXECUTIVE SUMMARY x The Dune Palms Road Bridge Project (Project) (Attachment 1) will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC). x Utility Agreements (Agreement) (Attachment 2) are proposed between the City of La Quinta (City) and the Coachella Valley Water District (CVWD) to address the relocation of existing sewer and domestic water lines that are in conflict with the Project. x The Bill of Sale (Attachment 3) conveys the domestic water and sewer relocations to CVWD. x The Agreement outlines the City’s and CVWD’s facility relocation responsibilities for the Project based upon prior rights determinations. FISCAL IMPACT The Project has an approved budget of $17,558,565. This project is funded through a combination of Federal Surface Transportation Funds through the state’s Highway Bridge Program. Federal funds will provide up to $15,501,603 of the total project cost. The Coachella Valley Association of Governments (CVAG) will fund up to $1,506,750, and the City will fund the remaining $550,212. The City is responsible for the Domestic Water relocation costs estimated to be $855,650, and sewer relocation costs estimated to be $198,435. These costs are included in the project budget and funding is available in the project construction budget for the relocation costs (401-0000-60188 101105CT). CONSENT CALENDAR ITEM NO. 8 115 BACKGROUND/ANALYSIS The Project will construct an all-weather access bridge on Dune Palms Road at the CVSWC that requires relocations of domestic water and sewer facilities. The Bill of Sale provides conveyance of the relocations. The City is responsible for the relocation of approximately 50 linear feet of existing 12-inch diameter vitrified clay pipe (VCP), 130 linear feet of existing 18-inch diameter VCP along the north bank of CVSWC at Dune Palms Road, and relocation of approximately 670 linear feet of existing 18-inch diameter ductile iron water line within the CVSWC. The City is responsible for these costs because CVWD has prior rights with respect to these facilities. CVWD is responsible for costs associated with adjusting 4 existing water valves to final grade and the relocation of 2 existing air vacuum assemblies located north and south of the CVSWC on Dune Palms Road, due to the City having prior rights with respect to these facilities. The costs are estimated to be $26,500 for the water relocations and $37,500 for the sewer relocations. CVWD has approved the Agreements. The project development process is underway. The environmental document is complete, the plans, specifications and estimates are approximately 98% complete. The right of way acquisition and utility clearance phase is approximately 80% complete. ALTERNATIVES No alternative is recommended. The Utility Agreements and Bill of Sale are required to certify right-of-way. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. CVWD Utility Agreements 3. Bill of Sale 116 Dune Palms Bridge PROJECT LOCATION HIGHWAY 111 Vicinity Map AVENUE 48 ATTACHMENT 1 117 118 UTILITY AGREEMENT CITY OF LA QUINTA DISTRICT 08 COUNTY Riverside ROUTE POST MILE EA PROJECT # 2011-05 FEDERAL AID NUMBER BR-NBIL (537) OWNER’S PLAN NUMBER FEDERAL PARTICIPATION On the project YES NO On the Utilities YES NO UTILITY AGREEMENT NO. CVWD 1901 DATE The City of La Quinta, hereinafter referred to as “CITY”, intends to construct a new bridge on Dune Palms Road spanning the Coachella Valley Stormwater Channel (CVSC). In addition to the bridge, street improvements and other ancillary improvements will be part of the construction work (the “Project”). The City of La Quinta intends to replace the existing low water crossing with a 480-foot-long and 86-foot- wide four span bridge. The Project includes reconstruction of the north and south bridge approaches to accommodate the new roadway profile, slope protection at the northeast and southeast corners of the bridge, bridge railing, utility relocation, and existing roadway modifications on the north and south sides of the channel. Coachella Valley Water District hereinafter referred to as “OWNER”, owns and maintains an 18-inch diameter water line and appurtenant facilities, located within the Dune Palms Road project corridor which conflict with the Project (CONFLICTING FACILITIES), and are located within the Project limits. The CONFLICTING FACILITIES include Domestic Water faccilities along Dune Palms Road. The Project will require relocation of the CONFLICTING FACILITIES (the “Work”). The Work is further described as follows: Domestic Water: In general, the Work that is related to domestic water includes the relocation of approximately 670 lineal feet of 18–inch diameter ductile iron pipe (DIP) water main, air vacuum assemblies, adjusting valves, frames and covers, removing portions of the existing 18-inch diameter waterline, including abandoning, relocating, and adjusting all other items as shown on the OWNER’s approved plans attached hereto as Exhibit “A” and incorporated herein by reference. It is hereby mutually agreed between CITY and OWNER as follows: I. WORK TO BE PERFORMED In accordance with Notice to Owner No. __ dated _________________, CITY shall relocate OWNER’s CONFLICTING FACILITIES, as shown on CITY’S contract plans for the Dune Palms Road Bridge Improvements, Project 2011-05, which are attached hereto as Exhibit “A” and by this reference are made a part hereof. OWNER hereby acknowledges review and approval of CITY’S plans for work and agrees to the construction in the manner proposed. $77$&+0(17 119 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 Deviations from the Plans described above initiated by either CITY or OWNER, shall be agreed upon by both parties hereto in writing under a Revised Notice to Owner. Such Revised Notices to Owner, approved by CITY and agreed to/acknowledged by OWNER, will constitute an approved revision of the Plans described above and attached hereto as Exhibit “A”, and are hereby made a part hereof. No Work under said deviation shall commence prior to written execution by OWNER of the Revised Notice to Owner. Changes in the scope of the Work will require an amendment to this Agreement in addition to the Revised Notice to Owner. Owner shall have the right to inspect the work during construction at CITY’s expense. Upon completion of the work by CITY, OWNER agrees to accept ownership and maintenance of constructed facilities and relinquishes to CITY ownership of the replaced facilitates except in the case of liability determined pursuant to Water Code 7034 or 7035. II. LIABILITY FOR WORK 1. CITY’s Expense – Superior Rights The following identified existing facilities are located in their present position pursuant to rights superior to those of the CITY and will be relocated at CITY’S expense. Domestic Water – Relocate approximately 670 linear feet of 18” diameter DIP waterline at an estimated cost of $855,650. 2. OWNERS’s Expense – Encroachment Permit The following identified existing facilities are located within the CITY’s right of way under permit and will be relocated at OWNER’s expense under the provisions of Sections (673) and (680) of the Streets and Highways Code. Domestic Water - Estimated Cost of $26,500: South of the Stormwater Channel - Adjust three (3) water valve frame and cover to grade, street station 16+23; and relocate air vacuum assembly, street station 16+14; and North of the Stormwater Channel - Adjust one (1) water valve frame and cover to grade, street station 24+65; and relocate air vacuum assembly, street station 24+75. III. PERFORMANCE OF WORK CITY shall prepare the Plans, Specifications and Estimates (PS&E) for the relocation of the CONFLICTING FACILITIES. PS&E shall be prepared in accordance with the Standard Plans and Specifications for Public Works Construction, the standards, design criteria and practices of the OWNER, and all applicable laws and regulations. The PS&E shall include relocation of the CONFLICTING FACILITIES to such location as shall be agreed to by the PARTIES. 120 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 To the extent not already covered in the environmental processing for the Project, CITY shall satisfy the requirements of the California Environmental Quality Act (CEQA) and satisfy the requirements of the National Environmental Protection Act (NEPA) arising out of or in connection with the relocation of the CONFLICTING FACILITIES. CITY shall prepare the bid documents for the improvements to be constructed as part of the Project, and for the Work. CITY shall keep OWNER apprised of the procurement schedule. CITY shall include the following in the bid documents, and in the resulting Construction Contract entered into by the CITY: (a) OWNER shall be named as an obligee under any labor and materials payment bonds and contract performance bonds for the relocation of the CONFLICTING FACILITIES. (b) OWNER, its officers, directors, administrators, representatives, consultants, agents and employees (OWNER Indemnitees) shall be named as additional insureds on any general insurance policy required by CITY. (c) OWNER Indemnitees shall be named indemnified parties under all indemnifications, hold harmless provisions, waivers and releases in favor of CITY. (d) OWNER shall be entitled to all warranties, guarantees, and post completion bonds with respect to the relocated CONFLICTING FACILITIES as CITY is entitled to for the remaining portion of the Project. The Work shall be transferred to OWNER free of all liens and encumbrances. (e) CITY shall include the relocation of the CONFLICTING FACILITIES as an additive alternate within the Project bid documents. The bid documents will require all contractors to bid the construction of the Project with and without the relocation of the CONFLICTING FACILITIES. (f) To the extent required, CITY shall obtain or cause its contractor, at such contractor’s expense, to obtain a construction encroachment permit from the OWNER for the relocation of the CONFLICTING FACILITIES, which OWNER shall not unreasonably withhold or delay. OWNER shall use its standard form encroachment permit with such changes as OWNER considers necessary for the issuance thereof. (g) CITY shall issue OWNER an encroachment permit for the applicable relocated CONFLICTING FACILITIES which shall be within CITY’s right of way. CITY shall use its standard form encroachment permit with such changes as CITY reasonably considers necessary for the issuance thereof. 121 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 OWNER shall review the CITY provided PS&E for the relocation of the CONFLICTING FACILITIES and provide CITY with written approval or disapproval thereof within twenty (20) business days from the date the PS&E are submitted for review/approval by OWNER. OWNER shall cooperate with CITY in any CEQA and NEPA environmental approval process and resultant environmental conditions of approval. OWNER may choose within 7 business days from the opening of the bids for construction, in its sole discretion, to cause CITY to award the relocation of the CONFLICTING FACILITIES as part of the Project. OWNER may choose within 7 business days from the opening of the bids for construction, in its sole discretion, to relocate CONFLICTING FACILITES with its own forces or cause the relocation of the CONFLICTING FACILITIES with its contractor of choice. CITY and OWNER shall each ensure that the Work each performs hereunder is completed in strict accordance with the Plans and in accordance with the laws, rules and regulations of all governmental bodies and agencies having jurisdiction over the Work. OWNER shall have access to all phases of the Work to be performed by CITY, as described in Section 1 above, for the purpose of inspection to ensure that the Work is in accordance with the Plans, and with the specifications for the Work contained in the Construction Contract; however, all questions regarding the Work being performed will be directed to CITY’s Resident Engineer for evaluation and final disposition. All connections of the relocated CONFLICTING FACILITIES to the OWNER’s existing facilities shall be performed by OWNER’s employees, contractors or agents, and CITY shall provide at least fifteen (15) business days written notice to schedule said connections. CITY shall provide OWNER with a weekly written progress report for the construction of the Work during the progress of construction of same. IV. PAYMENT FOR WORK The CITY shall perform the work under Section 1 above at no expense to OWNER except as hereinafter provided for in Section II.2. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to the CITY against the identified CITY’s estimated cost for the salvage value of any material or parts salvaged and retained or sold by OWNER. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, for either CITY or OWNER, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the final bill. All increases in costs require the prior written approval of the OWNER. 122 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 Detailed records from which the billing is compiled shall be retained by the CITY and OWNER for a period of three years from the date of final payment and will be available for audit by State and/or Federal auditors. CITY agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CVR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645. If a subsequent State and/or Federal audit determines payments to be unallowable, CITY agrees to reimburse OWNER upon receipt of CITY billing. The estimated cost to OWNER for CONFLICTING FACILITIES under permit is $26,500. V. GENERAL CONDITIONS It is understood that said highway is a federal aid highway and accordingly, 23 CFR, Chapter 1; Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. CITY and OWNER understand and acknowledge that the Project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance. CITY hereby certifies that in the performance of the work associated with this Agreement, for products where BA requirements apply, CITY shall use only such products for which it has received a certification from its supplier or provider of construction services that procures the product certifying BA compliance. If, in connection with CITY’s performance of the Work, OWNER provides to CITY any materials, OWNER understands and acknowledges that this Project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410, 23 CFR 645, and FHWA guidance. CITY hereby certifies that in the performance of this Agreement, for products where BA requirements apply, it shall provide only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying BA compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department’s guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. Neither OWNER nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its consultants and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify and save harmless OWNER Indemnitees from all claims, suits or actions of every name, kind and description including but not limited to, tortious, contractual, or 123 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its consultants and/or its agents under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by OWNER and/or its agents under or in connection with any work, authority or jurisdiction conferred upon OWNER under this Agreement. It is understood and agreed that OWNER will fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description including but not limited to, tortious, contractual or other theories or assertions of liability occurring by reason of anything done or omitted to be done by OWNER and/or its agents under this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both OWNER and CITY, and no oral understanding or agreement not incorporated herein shall be binding on either PARTY hereto. THE ESTIMATED COST TO THE OWNER FOR THE ABOVE DESCRIBED WORK IS $26,500; AND THE ESTIMATED COST TO THE CITY FOR THE ABOVE DESCRIBED WORK IS $855,650. Signatures on Following Page 124 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 SIGNATURE PAGE TO UTILITY AGREEMENT NO. CVWD 1901 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF LA QUINTA COACHELLA VALLEY WATER DISTRCT APPROVED APPROVED By: ______________________________ By: ___________________________ General Manager Date: _____________________________ Date: __________________________ APPROVED AS TO FORM: By: ______________________________ By: ___________________________ Date: __________________________ ATTEST: By: ______________________________ 125 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1901 EXHIBIT “A” 126 UTILITY AGREEMENT CITY OF LA QUINTA DISTRICT 08 COUNTY Riverside ROUTE POST MILE EA PROJECT # 2011-05 FEDERAL AID NUMBER BR-NBIL (537) OWNER’S PLAN NUMBER FEDERAL PARTICIPATION On the project YES NO On the Utilities YES NO UTILITY AGREEMENT NO. CVWD 1902 DATE The City of La Quinta, hereinafter referred to as “CITY”, intends to construct a new bridge on Dune Palms Road spanning the Coachella Valley Stormwater Channel (CVSC). In addition to the bridge, street improvements and other ancillary improvements will be part of the construction work (the “Project”). The City of La Quinta intends to replace the existing low water crossing with a 480-foot-long and 86-foot- wide four span bridge. The Project includes reconstruction of the north and south bridge approaches to accommodate the new roadway profile, slope protection at the northeast and southeast corners of the bridge, bridge railing, utility relocation, and existing roadway modifications on the north and south sides of the channel. Coachella Valley Water District hereinafter referred to as “OWNER”, owns and maintains three sanitary sewer lines (8-inch, 12-inch and 18-inch diameter), and appurtenant facilities, located within the Dune Palms Road project corridor which conflict with the Project (CONFLICTING FACILITIES), and are located within the Project limits. The CONFLICTING FACILITIES include Sanitary Sewer facilities along Dune Palms Road. The Project will require relocation of the CONFLICTING FACILITIES (the “Work”). The Work is further described as follows: Sanitary Sewer: In general, the Work that is related to the sanitary sewer includes the relocation of two sanitary sewer lines (12-inch and 18-inch diameter) vitrified clay pipe (VCP) sanitary sewer pipelines, adjusting manholes, removing manholes, adjusting manhole frame and covers to final grade and all other items as shown on the OWNER’s approved plans attached hereto as Exhibit “A” and incorporated herein by reference. It is hereby mutually agreed between CITY and OWNER as follows: I. WORK TO BE PERFORMED In accordance with Notice to Owner No. __ dated _________________, CITY shall relocate OWNER’s CONFLICTING FACILITIES, as shown on CITY’S contract plans for the Dune Palms Road Bridge Improvements, Project 2011-05, which are attached hereto as Exhibit “A” and by this reference are made a part hereof. OWNER hereby acknowledges review and approval of CITY’S plans for work and agrees to the construction in the manner proposed. Deviations from the Plans described above initiated by either CITY or OWNER, shall be agreed upon by both parties hereto in writing under a Revised Notice to Owner. Such 127 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 Revised Notices to Owner, approved by CITY and agreed to/acknowledged by OWNER, will constitute an approved revision of the Plans described above and attached hereto as Exhibit “A”, and are hereby made a part hereof. No Work under said deviation shall commence prior to written execution by OWNER of the Revised Notice to Owner. Changes in the scope of the Work will require an amendment to this Agreement in addition to the Revised Notice to Owner. Owner shall have the right to inspect the work during construction at CITY’s expense. Upon completion of the work by CITY, OWNER agrees to accept ownership and maintenance of constructed facilities and relinquishes to CITY ownership of the replaced facilitates except in the case of liability determined pursuant to Water Code 7034 or 7035. II. LIABILITY FOR WORK 1. CITY’s Expense – Superior Rights The following identified existing facilities are located in their present position pursuant to rights superior to those of the CITY and will be relocated at CITY’S expense. Sanitary Sewer – Relocate approximately 50 linear feet of 12-inch diameter and approximately 130 linear feet of 18-inch diameter VCP sanitary sewer lines at an estimated cost of $198,435. 2. OWNERS’s Expense – Encroachment Permit The following identified existing facilities are located within the CITY’s right of way under permit and will be relocated at OWNER’s expense under the provisions of Sections (673) and (680) of the Streets and Highways Code. Sanitary Sewer – Estimated Cost of $37,500: South of the Stormwater Channel -Adjust manhole frame and cover to grade, street station 16+33; and raise manhole cone, frame and cover to grade, street station 18+11; and North of the Stormwater Channel -Raise manhole cone, frame and cover to grade, street station 23+86; adjust to grade/relocate sewer cleanout, street station 24+53; raise manhole cone, frame and cover to grade, street station 24+53; and adjust manhole frame and cover to grade, street station 26+96. III. PERFORMANCE OF WORK CITY shall prepare the Plans, Specifications and Estimates (PS&E) for the relocation of the CONFLICTING FACILITIES. PS&E shall be prepared in accordance with the Standard Plans and Specifications for Public Works Construction, the standards, design criteria and practices of the OWNER, and all applicable laws and regulations. The PS&E shall include 128 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 relocation of the CONFLICTING FACILITIES to such location as shall be agreed to by the PARTIES. To the extent not already covered in the environmental processing for the Project, CITY shall satisfy the requirements of the California Environmental Quality Act (CEQA) and satisfy the requirements of the National Environmental Protection Act (NEPA) arising out of or in connection with the relocation of the CONFLICTING FACILITIES. CITY shall prepare the bid documents for the improvements to be constructed as part of the Project, and for the Work. CITY shall keep OWNER apprised of the procurement schedule. CITY shall include the following in the bid documents, and in the resulting Construction Contract entered into by the CITY: (a) OWNER shall be named as an obligee under any labor and materials payment bonds and contract performance bonds for the relocation of the CONFLICTING FACILITIES. (b) OWNER, its officers, directors, administrators, representatives, consultants, agents and employees (OWNER Indemnitees) shall be named as additional insureds on any general insurance policy required by CITY. (c) OWNER Indemnitees shall be named indemnified parties under all indemnifications, hold harmless provisions, waivers and releases in favor of CITY. (d) OWNER shall be entitled to all warranties, guarantees, and post completion bonds with respect to the relocated CONFLICTING FACILITIES as CITY is entitled to for the remaining portion of the Project. The Work shall be transferred to OWNER free of all liens and encumbrances. (e) CITY shall include the relocation of the CONFLICTING FACILITIES as an additive alternate within the Project bid documents. The bid documents will require all contractors to bid the construction of the Project with and without the relocation of the CONFLICTING FACILITIES. (f) To the extent required, CITY shall obtain or cause its contractor, at such contractor’s expense, to obtain a construction encroachment permit from the OWNER for the relocation of the CONFLICTING FACILITIES, which OWNER shall not unreasonably withhold or delay. OWNER shall use its standard form encroachment permit with such changes as OWNER considers necessary for the issuance thereof. (g) CITY shall issue OWNER an encroachment permit for the applicable relocated CONFLICTING FACILITIES which shall be within CITY’s right of way. CITY shall use its standard form encroachment permit with such changes as CITY reasonably considers necessary for the issuance thereof. 129 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 OWNER shall review the CITY provided PS&E for the relocation of the CONFLICTING FACILITIES and provide CITY with written approval or disapproval thereof within twenty (20) business days from the date the PS&E are submitted for review/approval by OWNER. OWNER shall cooperate with CITY in any CEQA and NEPA environmental approval process and resultant environmental conditions of approval. OWNER may choose within 7 business days from the opening of the bids for construction, in its sole discretion, to cause CITY to award the relocation of the CONFLICTING FACILITIES as part of the Project. OWNER may choose within 7 business days from the opening of the bids for construction, in its sole discretion, to relocate CONFLICTING FACILITES with its own forces or cause the relocation of the CONFLICTING FACILITIES with its contractor of choice. CITY and OWNER shall each ensure that the Work each performs hereunder is completed in strict accordance with the Plans and in accordance with the laws, rules and regulations of all governmental bodies and agencies having jurisdiction over the Work. OWNER shall have access to all phases of the Work to be performed by CITY, as described in Section 1 above, for the purpose of inspection to ensure that the Work is in accordance with the Plans, and with the specifications for the Work contained in the Construction Contract; however, all questions regarding the Work being performed will be directed to CITY’s Resident Engineer for evaluation and final disposition. All connections of the relocated CONFLICTING FACILITIES to the OWNER’s existing facilities shall be performed by OWNER’s employees, contractors or agents, and CITY shall provide at least fifteen (15) business days written notice to schedule said connections. CITY shall provide OWNER with a weekly written progress report for the construction of the Work during the progress of construction of same. IV. PAYMENT FOR WORK The CITY shall perform the work under Section 1 above at no expense to OWNER except as hereinafter provided for in Section II.2. It is understood and agreed that the CITY will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to the CITY against the identified CITY’s estimated cost for the salvage value of any material or parts salvaged and retained or sold by OWNER. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, for either CITY or OWNER, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the final bill. All increases in costs require the prior written approval of the OWNER. 130 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 Detailed records from which the billing is compiled shall be retained by the CITY and OWNER for a period of three years from the date of final payment and will be available for audit by State and/or Federal auditors. CITY agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CVR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645. If a subsequent State and/or Federal audit determines payments to be unallowable, CITY agrees to reimburse OWNER upon receipt of CITY billing. The estimated cost to OWNER for CONFLICTING FACILITIES under permit is $37,500. V. GENERAL CONDITIONS It is understood that said highway is a federal aid highway and accordingly, 23 CFR, Chapter 1; Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. CITY and OWNER understand and acknowledge that the Project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance. CITY hereby certifies that in the performance of the work associated with this Agreement, for products where BA requirements apply, CITY shall use only such products for which it has received a certification from its supplier or provider of construction services that procures the product certifying BA compliance. If, in connection with CITY’s performance of the Work, OWNER provides to CITY any materials, OWNER understands and acknowledges that this Project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410, 23 CFR 645, and FHWA guidance. CITY hereby certifies that in the performance of this Agreement, for products where BA requirements apply, it shall provide only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying BA compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department’s guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. Neither OWNER nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its consultants and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify and save harmless OWNER Indemnitees from all claims, suits or actions of every name, kind and description including but not limited to, tortious, contractual, or 131 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its consultants and/or its agents under this Agreement. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by OWNER and/or its agents under or in connection with any work, authority or jurisdiction conferred upon OWNER under this Agreement. It is understood and agreed that OWNER will fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description including but not limited to, tortious, contractual or other theories or assertions of liability occurring by reason of anything done or omitted to be done by OWNER and/or its agents under this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both OWNER and CITY, and no oral understanding or agreement not incorporated herein shall be binding on either PARTY hereto. THE ESTIMATED COST TO THE OWNER FOR THE ABOVE DESCRIBED WORK IS $37,500; AND THE ESTIMATED COST TO THE CITY FOR THE ABOVE DESCRIBED WORK IS $198,435. Signatures on Following Page 132 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 SIGNATURE PAGE TO UTILITY AGREEMENT NO. CVWD 1901 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF LA QUINTA COACHELLA VALLEY WATER DISTRCT APPROVED APPROVED By: ______________________________ By: ___________________________ General Manager Date: _____________________________ Date: __________________________ APPROVED AS TO FORM: By: ______________________________ By: ___________________________ Date: __________________________ ATTEST: By: ______________________________ 133 UTILITY AGREEMENT (Cont.) UTILITY AGREEMENT NO. CVWD 1902 EXHIBIT “A” 134 Page 1 of 1 ENG DS-004 (Rev 10/15/19) COACHELLA VALLEY WATER DISTRICT BILL OF SALE File:__________ For a valuable consideration, receipt of which is hereby acknowledged as SELLER, hereby bargains, conveys and sells unto the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, the following described personal property, such conveyance to become effective upon receipt of the Certificate of Completion and Final Acceptance of such personal property as described below: All of the domestic water and sanitation collection facilities including, but not limited to fire hydrants, services, manholes and street sewer laterals for CVWD Drawing No(s): Water: Sewer: Other: Witnessed by:Seller: By: Date:Date: $77$&+0(17 0625.3 the City of La Quinta, CA Dune Palms Road Bridge improvement project with domestic water and sanitary sewer relocations. #46250 - 46251 #46252 - 46255 NA City of La Quinta 135 136