2017 IID, Indio, LQ - Utility Relocation Agr, Madison StUTILITY RELOCATION AND REIMBURSEMENT
AGREEMENT BETWEEN CITY OF INDIO, CITY OF LA
QUINTA AND IMPERIAL IRRIGATION DISTRICT
(MADISON STREET IMPROVEMENT PROJECT
FROM AVENUE 50 TO AVENUE 52)
This Utility Relocation and Reimbursement Agreement (Madison Street Improvement
Project From Avenue 50 to Avenue 52) ("Agreement") is entered into between the City of Indio
("Indio"), the City of La Quinta ("La Quinta") and Imperial Irrigation District ("IID") as of the
date the Agreement is fully executed ("effective date"). Indio, La Quinta and IID are referred to
below collectively as the "Parties."
RECITALS
A. On July 29, 2009, Indio and La Quinta entered into that certain Cooperative
Agreement for the Design and Construction of Coachella Canal at Madison Street/Avenue 50
("Cooperative Agreement"). Pursuant to Amendment No. I to the Cooperative Agreement for
the Design and Construction of Coachella Canal at Madison Street/Avenue 50 dated December
1, 2012, Indio and La Quinta agreed to include the Madison Street Improvements from Avenue
50 to Avenue 52 (referred to below collectively as "Madison Street and Canal Improvements") in
the scope of the Cooperative Agreement. Half of the limits of the Madison Street and Canal
Improvements are located in the jurisdiction of Indio and half are located in the jurisdiction of La
Quinta. In the Cooperative Agreement, the Parties agreed the Madison Street and Canal
Improvements would be constructed in three phases. The first phase includes adjustment of the
centerline profile and reconstruction of the median lane and one lane in each direction for a total
of three lanes. The second phase includes construction of the Canal Crossing on Madison Street
at Avenue 50. The third phase includes the remaining improvements to the ultimate right of
way. This Agreement involves relocation of Imperial Irrigation District ("IID") improvements as
part of phase three.
B. The IID utility relocation would involve relocation of existing IID-owned energy
transmission and distribution facilities, including IID power poles, electrical equipment and
conduit infrastructure, located within the existing right of way ("IID Facilities") of Madison
Street, from approximately 300 feet south of Avenue 52 to approximately 800 feet north of
Avenue 50, and portions to the east and west along the intersecting Avenue 52 and Avenue 50,
which is also along the jurisdictional boundary between the cities of Indio (to the east of the
centerline) and La Quinta (to the west of the centerline, south of Avenue 50) in Riverside
County. All items associated with relocation of IID Facilities are listed in "IID Transmission and
Distribution Lines Relocation Cost per Madison Street Alignment Option `B,"" attached as
Exhibit A. The purposes of this Agreement is to set forth the obligations of the Parties in
connection with the relocation of the IID Facilities. The Parties considered two alternative
options for the IID Facilities. Pursuant to the letter dated December I, 2013 from IID to Dilesh
R. Sheth, IID acknowledged that it has limited existing easements for overhead and underground
electrical facilities along the current alignment of Madison Road. IID confirmed that Option "B"
would have a lesser impact on IID's facilities than Option "A". A letter from IID to Tom
Rafferty and Timothy Jonasson dated September 19, 2016 reiterated IID's preference for Option
"B." As such, the Parties hereby agree to implement Option "B."
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NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. hicar €nation of Recitals. The above Recitals are incorporated herein by this
reference.
2. Relocation Obligations.
a. IID Relocation of Facilities in Right of Way. The Parties hereby agree that
IID shall relocate, the IID Facilities pursuant to Option "B," as shown in Exhibit B, attached.
The Parties further agree that the cost of relocating such facilities shall be paid 50% by IID and
50% jointly between the cities of Indio and La Quinta up to the total cost in the cost estimate in
Exhibit A, $1,242,365.24 (transmission line cost of $996,403.24 and distribution line cost of
$245,962). The cities of Indio and La Quinta shall reimburse IID for 50% of the total estimated
cost of the IID Facilities up to and not exceeding $621,182.62 within 45 calendar days of receipt
of a complete invoice package for the improvements, including backup materials. Any additional
costs incurred beyond the total cost estimate shall be the sole responsibility of IID.
b. Relocation Work Required. IID shall complete the following relocation
work, and any additional relocation work required to implement Option "B":
Transmission Line: steel pole, fittings, and foundations; distribution steel
pole, fittings, and foundation; steel guy pole, fittings, and foundations;
transmission wood pole and fittings; crane; removal of wood pole; and
engineering costs.
Distribution Line: reconfigure 5 primary poles with back arms and dead
ends; additional distribution dead ends for steel poles; install generators.
Tree removal to accommodate the relocation work.
3. Reimbursement. Within 45 calendar days of receipt of a complete invoice
package for the improvements, including backup materials, the cities of La Quinta and Indio
shall jointly pay to IID half of the total cost of the IID Facilities, up to and not exceeding
$621,182.62.
4. flans, Permits and Contacts.
a. Plans and Specifications. IID shall provide to the cities of Indio and La
Quinta a copy of the plans and specifications for relocation of the IID Facilities when they are
completed. Indio shall review and approve all IID plans for the IID Relocations within Indio's
jurisdiction. La Quinta shall review and approve all IID plans for the IID Relocations within La
Quinta's jurisdiction. IID shall complete relocation of the IID Facilities within 490 calendar
days of receipt by IID of the approval from Indio and La Quinta of IID's relocation plans. It is
the intent of the Parties that the work be completed on or about the first week of May, 2018. If
IID does not complete relocation of the IID Facilities within 490 calendar days of receipt by IID
of the approval from Indio and La Quinta of I113's relocation plans, provided the delay is
attributable to IID, IID shall, within 30 calendar days of receipt by IID of an invoice from Indio
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18192060
or La Quinta, pay to Indio and/or La Quinta any contractor delay damages, penalties, costs and
fees, including reasonable attorneys' fees, incurred by Indio and/or La Quinta in connection with
relocation of the IID Facilities.
b. CEQA. An Initial Study/Mitigated Negative Declaration was prepared for
the project pursuant to CEQA. No further environmental review is required.
C. Agreement Management. Management and administration of the terms
expressed herein shall be performed by IID for the IID Relocations. IID agrees to designate a
Project Manager to be determined as the primary contact for IID in connection with this
Agreement. Indio agrees to designate Timothy T. Wassil, PE, Director of Public Works,
twassil@indio.org (760-391-4042) as the primary contact for Indio in connection with this
Agreement. La Quinta agrees to designate Timothy R. Jonasson, P.E., Director of Design and
Development/City Engineer, tjonasson@la-quinta.org (760-777-7042) as the primary contact for
La Quinta in connection with this Agreement.
d. Grant of Easement. Prior to IID initiating the relocation work, the City of
Indio shall grant to IID a Public Utility Easement sufficient to allow the relocation work to be
conducted and maintained upon completion.
5. Inspections.
a. IID shall provide all field inspections in connection with the IID
Relocations.
b. IID's inspection personnel shall have the authority to enforce IID's
construction plans and specifications for the IID Relocations, including associated work that may
be within the limits of the Madison Street and Canal Improvements.
C. IID shall allow the representatives of Indio and La Quinta to inspect or
review the progress of the IID Relocations at any reasonable time in order to determine whether
IID is satisfying the terms of this Agreement.
6. Insurance.
a. Insurance Requirements. The insurance requirements for the IID
Relocations shall be consistent with the insurance requirements, if any, set forth in the CVAG
Reimbursement Agreement. IID shall require its contractors and subcontractors to obtain
insurance of the types and in the amounts described below and reasonably satisfactory to Indio,
La Quinta and CVAG. IID shall maintain such insurance through the term of this Agreement, or
until completion and approval of the IID Relocations, whichever occurs last. Notwithstanding
any other provision of this paragraph 6, it is understood and agreed that IID may self -insure to
meet the insurance obligations referenced herein.
b. Commercial General Liability Insurance. Occurrence version commercial
general liability insurance or equivalent form with a combined single limit of not less than two
million dollars ($2,000,000) per occurrence. If such insurance contains a general aggregate
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limit, it shall apply separately to the III) Relocations or be no less than two times the occurrence
limit. Such insurance shall:
i. Name Indio, La Quinta and CVAG, and their respective officials,
officers, employees, agents, and consultants as insured with respect to performance of the
services on the IID Relocations and shall contain no special limitations on the scope of coverage
or the protection afforded to the above insured parties.
ii. Be primary with respect to any insurance or self insurance
programs covering Indio, La Quinta and CVAG, and/or their respective officials, officers,
employees, agents, attorneys and consultants; and
iii. Contain standard separation of insured provisions.
C. Business Automobile Liability Insurance. Business automobile liability
insurance or equivalent form with a combined single limit of not Iess than two million dollars
($2,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non -
owned vehicles.
d. Professional Liability Insurance. Errors and omissions liability insurance
with a limit of not less than two million dollars ($2,000,000). Professional liability insurance
shall be required only for design or engineering professionals.
e. Workers' Compensation Insurance. Workers' compensation insurance
with statutory limits and employers' liability insurance with limits of not less than two million
dollars ($2,000,000) per each accident.
7. Reciorocal Indemnification.
a. Indio agrees to indemnify, defend, and hold harmless La Quinta and IID,
their respective officers, employees, agents and attorneys from and against any claims, actions,
damages and liabilities arising out of or in any manner connected with any negligent or willful
misconduct resulting from the action of Indio pursuant to this Agreement. No provision of this
Agreement shall any way limit the extent of the responsibility of La Quinta or IID for payment
of damages from their own respective activities, errors or omissions in connection with such
parry's duties and obligations under this Agreement.
b. La Quinta agrees to indemnify, defend, and hold harmless Indio and IID,
their respective officers, employees, agents and attorneys from and against any claims, actions,
damages and liabilities arising out of or in any manner connected with any negligent or willful
misconduct resulting from the action of La Quinta pursuant to this Agreement. No provision of
this Agreement shall any way limit the extent of the responsibility of Indio or IID for payment of
damages from their own respective activities, errors or omissions in connection with such parry's
duties and obligations under this Agreement.
C. IID agrees to indemnify, defend, and hold harmless Indio and La Quinta,
their respective officers, employees, agents and attorneys from and against any claims, actions,
damages and liabilities arising out of or in any manner connected with any negligent or willful
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is192o60
misconduct resulting from the action of III) pursuant to this Agreement. No provision of this
Agreement shall any way limit the extent of the responsibility of Indio or La Quinta for payment
of damages from their own respective activities, errors or omissions in connection with such
parry's duties and obligations under this Agreement.
8. Notices. All notices and demands will be given in writing by certified or
registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices
will be considered given upon the earlier of (a) two business days following deposit in the United
States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business
day following deposit with an overnight carrier service. The parties will address such notices as
provided below, or as may be amended by written notice:
INDIO: City of Indio
100 Civic Center Mail
Indio, California 92201
Attention: Dan Martinez, City Manager
COPY TO: Richards, Watson & Gershon
Attention: Roxanne Diaz, City Attorney
355 South Grand Avenue, 40th Floor
Los Angeles, California 9007I-3101
LA QUINTA: City of La Quinta
78495 Calle Tampico
La Quinta, California 92253
Attention: Frank J. Spevacek, City Manager
COPY TO: Rutan & Tucker
Attention: William H. Ihrke, City Attorney
611 Anton Boulevard, 14th Floor
Costa Mesa, California 92626-1931
IID: Imperial Irrigation District
333 E. Barioni Boulevard
Imperial, California 92251
Attention: Kevin E. Kelley, General Manager
9. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only
when duly executed by all of the Parties.
b. Authority to Bind. The undersigned individuals hereby warrant and
represent that they each have full Iegal authority to sign this Agreement and bind the respective
party hereto.
C. Applicable Law. This Agreement will be construed and interpreted under,
and governed and enforced according to the laws of the State of California.
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18192060
d. Entire Agreement. This Agreement contains the entire agreement between
the Parties regarding the subject matter of this Agreement. No subsequent agreement,
representation or promise made by either party hereto, or by or to any employee, officer, agent or
representative of either party, will be of any effect unless it is in writing and executed by the
party to be bound thereby. No person is authorized to make, and by execution hereof each of the
Parties acknowledges that no person has made, any representation, warranty, guaranty or
promise except as set forth herein; and no such agreement, statement, representation or promise
that is not contained herein will be valid or binding on any of the Parties.
e. Successors and Assigns. This Agreement will be binding upon and inure
to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto.
f. Time of Essence. Each of the Parties acknowledges that time is of the
essence in this Agreement.
g. Counterparts and Facsimile and Electronic Signatures. This Agreement
may be executed simultaneously in one or more counterparts, each of which will be deemed an
original, but all of which together will constitute one and the same instrument. For purposes of
this Agreement, facsimile and electronic signatures will be deemed to be original signatures.
h. Remedies Not Exclusive and Waivers. No remedy conferred by any of the
specific provisions of this Agreement is intended to be exclusive of any other remedy and each
and every remedy will be cumulative and will be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The
election of any one or more remedies will not constitute a waiver of the right to pursue other
available remedies.
L Independent Review/Interpretation and Construction. Each of the Parties
has reviewed this Agreement and each has had the opportunity to have its respective counsel
review and revise this Agreement. Any rule of construction to the effect that ambiguities are to
be resolved against the drafting party will not apply in the interpretation of this Agreement or
any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine
and masculine, and singular number includes the plural, and the words "person" and "party"
include corporation, partnership, firm, trust, or association wherever the context so requires. The
recitals and captions of the sections and subsections of this Agreement are for convenience and
reference only, and the words contained therein will in no way be held to explain, modify,
amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
j. Attorneys' Fees. If any of the Parties hereto incurs attorneys' fees in order
to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or
because of a breach of this Agreement by the other party, the prevailing party, whether by suit,
negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from
the other party.
k. Severability. If any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining provisions will not be affected, and the rights and obligations of the Parties will be
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18192060
construed and enforced as if this Agreement did not contain the particular part, term or provision
held to be invalid.
_7_
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IN WITNESS WHEREOF, this Agreement is effective as of the day it is fully executed.
by the Parties.
City of Indio, a municipal corporation
Dated: r
- By.
-91alne Holmes, Mayor
ATTEST:
By:
Cynthia Herne , C14C, Ci Clerk
APPROVED AS TO FORM:
By:
Ro a Diaz, C ttomey
City of La.Quinta, a municipal corporation
SIGNI D IN COUNTERPART
Dated: _ By:
ATTEST' FRANK J. SPEVACEK, City Manager
City of La Quinta, CA t
By:
SIGNED IN COUNTERPART
-
Susan Maysels, City. Clerk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
By:
William H. Ihrke, City Attorney
18192060
IN WITNESS WHEREOF, this Agreement is effective as of the day it is fully executed
by the Parties.
City of Indio, a municipal corporation
Dated:
ATTEST:
SIGNED IN COUNTERPART
13y:
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
Roxanne Diaz, City Attorney
City of La Quinta, a municipal corporation
Low;",, 1
ATTEST:
Digitally signed by Susan Maysels
ON: cn=Susan Maysels, o=City of La
Quinta, rna Clerk's Office,
m eail=smaysels@la-quintaorg, c=US
y Date: 2017.04.17 12:32:48-07'00'
Susan Maysels, City Cleric
APPROVED AS TO FORM:
William H, lhrke, City Attorney
1819?Q60
SIGNED IN COUNTERPART
By: -
Lupe Ramos Watson, Mayor
Digitally signed by Frank J. Spevacek
DN:cn=FrankJ.Spevacek,o Ci1yof
La Quinta, ou=City Manager,
email=fspevacek@la-quiMa org,
c=US
Date: 2017,04.1411:30:01-07W
FRANK I SPEVACEK, City Manager
City of La Quinta, CA
Imperial Irrigation District
Dated: ! �� / o -1
ATTEST:
By: Arm,
ria A. Rivera, Secretary
APPROVED AS TO FORM:
41
By:_ Q;U%10"
Robert A. Laurie
Assistant General Counsel
By:
ce Kuhn, Presiders and of Directors
_9_
18192060
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I N S U R A N C E A G E N C Y
INSURANCE I EMPLOYEE B E N! FITS
June 27, 2017
City of La Quinta
78275 Calle Tampico,
La Quinta, CA 92253
RECEIVED
COWS L4d011O �Ny�
RE: Imperial Irrigation District
Letter/Certificate of Insurance
MOU for Utility Relocation and Reimbursement Agreement — Madison Street
Improvement project form Avenue 50 to Avenue 52
May 12, 2017 to May 12, 2018
Our agency handles insurance for the Imperial Irrigation District (IID). IID, in the course
of conducting business with other companies, is frequently asked to provide a
Certificate of Insurance showing that they carry liability insurance in the amount of
$1,000,000 per occurrence.
As in the case with many other large companies, IID does not carry commercial
general/automobile liability insurance at levels below $1,000,000 per occurrence. IID
also self -insures their Workers' Compensation exposure, as well as physical damage to
automobiles and equipment. As respects City of La Quinta specific requirements,
Section 6, subparts a, b, c, d and e; IID would satisfy its obligations through its formal
self-insurance program, as provided in section 6a.
Therefore, this letter is being provided in lieu of a Certificate of Insurance indicating
excess insurance of IID's self -insured retentions.
Please be assured that IID is financially able to respond to losses in the uninsured level.
Such self-insurance does not change any obligations assumed by IID under the
provisions of their agreements. IID will respond directly to any losses or claims arising
from such obligations.
Please call me at (760) 352-2611 if you have any questions or concerns regarding this
matter.
Yours truly,
TYLER INSURANCE AGENCY
Allen Tyler, CPCU, ARM
CC: Sandra Solorio, IID
1225 W Main Street El Centro CA 92243 1 yyww.tylerins.cam 1 (760) 352-2611 1 Fax (760) 337-8428 1 License No. 0226696
Susan Maysels
From: Pam Nieto
Sent: Monday, July 17, 2017 8:00 AM
To: Susan Maysels; BIhrke@rutan.com
Cc: Julie Mignogna
Subject: FW: City of La Quinta /IID CRM:00302601
Alex was able to get in touch with IID's insurance agent. Please see Alex's comments below from
his conversation.
Pam Nieta I Deputy City Clerk
City of La Quinta
78495 Calle Tampico - La Quinta, CA 92253
Ph. 760.777.7103
pnieto@la-guinta.or>?
website: www.La-Quinta.org
From: Alex Mellor [mailto:amellor@cjpia.org]
Sent: Friday, July 14, 2017 1:48 PM
To: Pam Nieto
Subject: FW: City of La Quinta /IID CRM:00302601
Pam
Please see below from IID's insurance agent. Since IID have a self -insured retention of $2 million in their liability
program, they cannot add the city as additional insured or provide evidence that their coverage is primary. Instead, in
the event of a claim, we will have to rely on the indemnity provision in the agreement. This is reasonable given the way
their coverage is structured.
Please let me know if I can help further, and have a good weekend!
Alex Mellor, ARM
Risk Manager
California Joint Powers Insurance Authority
8081 Moody Street, La Palma, CA 90623
m 562.631 0814
CA I I r o P, :N I A amellor@cjpia.org
I • P • I A www.cjpia.org 000
From: Allen Tyler [mailto:atyler@tylerins.com]
Sent: Thursday, July 13, 2017 4:44 PM
To: Alex Mellor <amellor@cipia.org>
ADDENDUM NUMBER I TO THE UTILITY AND REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF INDIO, CITY OF LAQUINTA AND
IMPERIAL IRRIGATION DISTRICT (MADISON STREET IMPROVEMENT
PROJECT FROM AVENUE 50 TO AVENUE 52)
1. Paragraph 2a. is hereby deleted and restated to read as follows,
"2 Relocation Oblizations
a. HD Relocation offacilities in Right of Way. The Parties. hereby agree that IID shall
relocate the IID Facilities pursuant to "Option B", as shown in Exhibit B, attached. The
Parties further agree that the cost of relocating such facilities shall be paid 50% by IID
and 50% jointly between the cities of Indio and La Quinta up to a total cost in the cost
estimate referenced in Exhibit A in the amount of $1,260,768.09 (transmission line cost
of $996,403.24, distribution line cost of $245,962 and tree removal cost of $18,402). The
cities of Indio and La Quinta shall reimburse IID for 50% of the total estimated cost of
the IID Facilities up to and not exceeding $630,384.05 within 45 calendar days of receipt
of a complete invoice package for the improvements, including materials. Any additional
costs incurred beyond the total cost estimate shall be the sole responsibility of IID. "
2. Paragraph 3 is hereby deleted and restated to read as follows:
"3 Reimbursement. Within 45 calendar days of receipt of a complete invoice package for the
improvements, including backup materials, the cities of La Quinta and Indio shall jointly pay to
IID half of the total cost of the IID Facilities, up to and not exceeding $630,384.05".
3. Exhibit A is hereby deleted and restated as attached to this Addendum as "Revised Exhibit
A."
4. Exhibit B is hereby deleted and restated as attached to this Addendum as "Revised Exhibit
B".
5. Except as modified as above, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
[signatures on next page]
IMPERIAL IRRIGATION DISTRICT
Dated: , 2017
By Kevin E. Kelley
General Manager
CITY OF INDIO
Dated: , 2017
By 4 a a Ho es
Mayor.
CITY OF LA QUINTA
SIGNED IN COUNTERPART
Dated: , 2017
By. FRANK J. SPEVACEK, City Manager
City of La Quinta, CA
ATTEST TO CITY MANAGER"S SIGNATURE:
SIGNED IN COUNTERPART
Susan Maysels, City Clekk
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
William H. Ihrke, City Attorney
IMPERIAI , I RR IGATION DISTRICT
Dated: .2017
By ieicen Kasurj l
Energy Mina er
CITY OF INDIO
SIGNED IN COUNTERPART
Dated: .2017
By Lupe Ramos Watson
Mayor
CITY OF LA QUINTA
Digitally signed by Frank L Spevacek
DN: cn=FrankJ. 5pevacek o=City of La
Quinta, o—City Manager,
emall=fspevaceWa-guinta.org,-LIS Dated:
I ] Date: 2017,04.1713:26:04-07'00' Dated: '] _ _ _ . `01 7
By FRANK J. SPEVACEK, City Manager
City of La Quinta, CA
APPROVE rO FORM
ftotwt A, suric
11D Assistant Counsel, EneW
ATTEST
T�O�r �CITY MANAGER'S SIGNATURE
Digitally signed y Susan Maysels
DN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office,
email=smaysels@la-quinta.org, c=US
Date: 2017.04.17 15:59:13-07'00'
SUSAN MAYSELS, City Clerk, La Quinta
APPROVED AS TO FORM:
W'FLLIAM H. IHRKE, City Attorney, La Quinta
EXHIBIT A
COSTS FOR OPTION B POLE RELOCATION
IID Transmission and Distribution Lines Relocation Cost per Madison Street Alignment Option "B"
92 KV Transmission line
Direct Material cost
Item
Unit Cost
Nurhb* of tter►is
_ Amount _
Steel pole, fittings, and foundations
S
45,000;00
7 5
315.OW.00
Distribution steel pole, fittings, and foundation
S
22,t]OD.00
1 $
22,00D40
Steel guy pole, fittings, and foundations
S
11,60D.00
1 5
11,6W.00
Transmission wood pole and fittings
$
6,O .0D
7 $
4000.DD
Crane
S
1OOiip.AO
8 S
30,000OD
$
470.600.00
Director Cost Labor
_
Item
unit Cust
Number of Items
Amount
Steel pole
$
16 8DD.00'
7 S
L1'7;GOp DO
Distribution steel pole
$
ti dM-90
1 S
8.400.00
Steel guy pole
S
8,00.00
1 $
8.4QD.00
Transmission wood pole installation
5
3,6D0.ob
7 $
25,200.0D
Removal of wood pole
$
3,6ftOO
17 S
b1Y200.DO
S
220,M.DO
Direct Engineering Cost
item UnItC69 Number of items Amount
Engineering S ]1;200.D0 7 S 78,400,011
S 78;400,OD
Indirect material cost (7.6%) 35176! .-60
indirect labor cost (8.75%) 19,320-00
Indirect engineering cost (53%] 4I U200
S 46,637.6n
Cant ingeneyl[5%) } lzq;llw5•tpA
92 KV Transmission Une Total $ 99rrr O24
Distribution Line
Item Unit Cost Number of lteiris Rmount
Reconfigure S primary poles with back arms and dead ends
Additional distribution dead ends for steel poles install
Generators
94.3W oD
10.9400-ou
r 213,8it;D.DO
Contingency(15Ni) S 32,082,00
92 KV T rans mission Lin e Total S 145,962.00
Tree Removal Cost
Item Unit - Number of Items Amount
Tree removal cost $ 16,007 48
$ 16.002,49
Contingency (15%] $ 2,4DD.31
92 KV Transmission Line Total $ 18,402.85
Total 92 KV Distribution Line, Distribution line, and Tree
Removal Cost S 1,260,768.09
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AMENDMENT NUMBER I TO THE UTILITY AND REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF INDIO, CITY OF LA QUINTA AND
IMPERIAL IRRIGATION DISTRICT (MADISON STREET IMPROVEMENT
PROJECT FROM AVENUE 50 TO AVENUE 52)
THAT CERTAIN Utility and Reimbursement Agreement ("the Agreement") and Addendum
Number 1 to the Agreement dated April 3, 2017 by and between the Imperial Irrigation District
and the cities of Indio and La Quinta relating to the Madison Street Improvement Project is hereby
amended as set forth below.
1. The engineered description of the relocation project as defined in the schematic set forth in
Exhibit B of the Agreement is hereby deleted and replaced with the revised description attached
hereto as Attachment 1 which represents the accepted design of the project as of the date of this
Amendment.
2. Except as set forth above, all other terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment is effective as of the date it is fully executed by the
parties hereto.
IMPERIAL IRRIGATION DISTRICT
SIGNED IN COUNTERPART
By Tony Allegranza
Energy Operations Manager
CITY OF LA QJ
y
City
Dated: Q , 201/
ATTESTED: APPROVED AS TO F RM:
By Susan Maysels By William H. Ihrke
City Clerk La Quinta City Attorney
[Signature block continued to next page]
CITY OF INDIO
SIGNED IN COUNTERPART
By
City Manager
ATTESTED:
SIGNED IN COUNTERPART
City Clerk
Dated: f � , 2017
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
By
City Attorney
ATTACHMENT 1
Revised Utility Pole Relocation Plans
[attached]
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CITY OF INDIO
MEMORANDUM
TO: Mark Scott, Interim City Manager ,1
THROUGH: Timothy Wassil, Public Works Directo�f�W
FROM: Tom Rafferty, Principal Civil Engineer
DATE: November 27, 2017
URGENT
RECEIVED
►vr��� a � �IIII
C17-Y OF INDIO
CITY CLERK
SUBJECT: Amendment No. 1 for the Utility Relocation and Reimbursement
Agreement between the City of Indio, City of La Quinta and Imperial
Irrigation District.
Please review and if acceptable sign the Amendment No, 1 and return to Vianka
Orrantia.
The attached Amendment No. 1 was approved by City Council on November 1, 2017.
The cities of Indio and La Quinta are working on a joint construction project to widen
Madison Street between Avenue 50 and Avenue 52. In order for the construction to
begin in May, 2018, many of the existing IID transmission poles in the area need to be
relocated. The Amendment No. 1 allows the pole relocation to proceed. No cost
associated with this action.
For further information please contact Michelle Lopez at ext. 4968 or Tom Rafferty at
ext. 4270.
AMENDMENT NUMBER I TO THE UTILITY AND REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF INDIO, CITY OF LA QUINTA AND
IMPERIAL IRRIGATION DISTRICT (MADISON STREET IMPROVEMENT
PROJECT FROM AVENUE 50 TO AVENUE 52)
THAT' CERTAIN Utility and Reimbursement Agreement ("the Agreement") and Addendum
Number I to the Agreement dated April 3, 2017 by and between the Imperial Irrigation District
and the cities of Indio and La Quinta relating to the Madison Street Improvement Project is hereby
amended as set forth below.
1. The engineered description of the relocation project as defined in the schematic set forth in
Exhibit B of the Agreement is hereby deleted and replaced with the revised description attached
hereto as Attachment I which represents the accepted design of the project as of the date of this
Amendment.
2. Except as set forth above, all other terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment is effective as of the date it is fully executed by the
parties hereto,
IMPERIAL IRRIGATION DISTRICT
By Tony Allegranza
Energy Operations Manager
CITY OF LA QUIN '
y Fr p cek
City Tana r
ATTESTED:
By Susan Maysels
City Clerk
Dated;____ ___ _ , 2017
Dated: JF�dgA, 2017
APPROVED AS CO I" ]RM;
By William H, Ihrke
La Quinta City Attorney
[Signature block continued to next page]
CITY OF 1NDIO
-- -- Dated: 12017
By c
City Manager
Mark Scott, Interim City Manager
ATTESTED: APPROVE'p AS
f
By _ $y_ -
City Clerk City Attorney
Cynthia Hernandez, Roxanne Diaz, City Attorney
CKC City Clerk
AMENDMENT NUMBER 1 TO THE UTILITY AND REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF INDIO, CITY OF LA QUINTA AND
IMPERIAL IRRIGATION DISTRICT (MADISON STREET IMPROVEMENT
PROJECT FROM AVENUE 50 TO AVENUE 52)
THAT CERTAIN Utility and Reimbursement Agreement ("the Agreement") and Addendum
Number 1 to the Agreement dated April 3, 2017 by and between the Imperial Irrigation District
and the cities of Indio and La Quinta relating to the Madison Street Improvement Project is
hereby amended as set forth below.
1. The engineered description of the relocation project as defined in the schematic set forth in
Exhibit B of the Agreement is hereby deleted and replaced with the revised description attached
hereto as Attachment 1 which represents the accepted design of the project as of the date of this
Amendment.
2. Except as set forth above, all other terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, this Amendment is effective as of the date it is fully executed by the
parties hereto.
IMPERIAL IRRIGATION DISTRICT
Dated: , 2018
Jarnes C. Hanks
President, Board of Directors
CITY OF LA QUINTA
SIGNED IN COUNTERPART
_ Dated: , 2017
By
CITY OF INDIO
SIGNED IN COUNTERPART
Dated:
By
, 2017
ATTACHMENT t
Revised Utility Pole Relocation Plans
[attached]
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Susan Maysels
From:
Ihrke, Bill <bihrke@rutan.com>
Sent:
Sunday, October 15, 2017 8:55 PM
To:
Susan Maysels; Frank Spevacek
Cc:
Bryan McKinney
Subject:
Fwd: PDF document with attachments - LQ/Indio/IID Utlil. Agreement amendment
Attachments:
Madison Street Utility Relocation Amendment with Attachments, PDF; ATT00001.htm
Susan - this is an amendment to the LQ/Indio/IID Utility Agreement with modified renderings that have been approved
by the parties. No other changes to the main agreement are proposed. Sending this to you so it can be processed in the
ordinary course thru the clerk's office.
Frank - IID counsel approached me with this short amendment. Ed was handling this. I've coordinated with IID Counsel
that the proposed form is satisfactory. I approve the form of this agreement with the attachments, and because no $$ is
affected by this amendment, you have authority to execute, or you can refer to the CC. IID counsel is having this
processed administratively, but I'm not sure about Indio.
We can discuss further if there are any questions. Thanks.
Bill
William 111. 1hrke
Rutan & Tucker, LLP
611 Anton Boulevard, loth Floor
t'os[a Mesa, C:A 92626
t714 �3 8-1863 (direct)
bilirkeOe rutan.cmyi
11
vVWXV.rutan.com
Begin forwarded message:
From: "Christie, Mary" <m hristleWtitan.com>
Date: October 15, 2017 at 6:59:33 PM PDT
To: "Ihrke, Bill" <b1111I ccC0rutan.cani>
Subject: RE: PDF document with attachments
Here you go, Bill.
Mary Christie
Word Processor
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
(714) 641-5100 x1362
rnchristle rutan.com
Susan Maysels
From:
Frank Spevacek
Sent:
Tuesday, October 17, 2017 2:43 PM
To:
Teresa Thompson
Cc:
Susan Maysels
Subject:
Re: LQ/Indio/IID Utility Agreement Amend #1 for review & signature
Teresa, I have reviewed and approve this contract. Please affix my electronic signature. Thanks.
XA Qa�Kra
Frank Spevacek I City Manager
City of La Quinta
78495 Calle Tampico ? La Quinta, CA 92253
Ph. 760.777.7100
www.laquintaca.gov
www.playinlacluinta.com
From: Susan Maysels <Smaysels@Ia-ciuinta.ore>
Date: Tuesday, October 17, 2017 at 2:36 PM
To: Frank Spevacek <f, spevacek@la-quinta.or>
Cc: Teresa Thompson <tthompson@la-guinta.org>
Subject: FW: LQ/Indio/IID Utility Agreement Amend #1 for review & signature
Susan Maysels
City Clerk & Risk Manager
City of La Quinta
From: Ramey, Lauren [mailto:lramey@rutan.com]
Sent: Tuesday, October 17, 2017 2:28 PM
To: Ihrke, Bill; Susan Maysels
Subject: RE: LQ/Indio/IID Utlil. Agreement amendment
Here is the signed Amendment. Thanks!
Lauren Ramey
Assistant to William H. Ihrke
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
(714) 641-5100 x1313
Susan Maysels
From: Ihrke, Bill <bihrke@rutan.com>
Sent: Thursday, October 19, 2017 2:10 PM
To: ROBERT A. LAURIE
Cc: Susan Maysels; Ramey, Lauren
Subject: Fwd: IID, Indio, LQ Utility Agr, Amend #1
Attachments: IID, Indio, LQ - Amend #1 re Madison St poles.pdf; ATT00001.htm
Hi Robert - please see attached amendment, execcted by La Quinta. If you would like the hard copy sent to you,
please let Susan Maysels, the City Clerk, know. She is copied on this email. I'll let you circulate to appropriate
Indio and IID staff. Please send to us the final, completely executed amendment, once you have it.
Many thanks.
Bill
William H. Ihrke
Rutan & Tucker, LLP
611 Anton Boulevard. 14th Floor
Costa Mesa CA 92626
(714) 338-1863 (direct)
bihrk,ena rutan.corn
www.rutan.com
Begin forwarded message:
Susan Ma sels
From: Ihrke, Bill <bihrke@rutan.com>
Sent: Wednesday, February 28, 2018 2:49 PM
To: Susan Maysels
Subject: FW: Executed Amendment
Attachments: MadisonAmendmentlExecuted22818.pdf
Susan — from IID's attorney. Please confirm he sent the right document this time. If we don't have Indio's counter -part,
I suggest we reach out to there directly and not go through IID.
Bill
William H. Ihrke
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa; CA 92626
(714) 338-1863 (direct)
b1hrke0rutsn.com
www.rutan.com
RU iutAN
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act
(18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the
intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the
electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly
prohibited.
From: Laurie, Robert [rrnailtfl__r�:rlaurie )IID.coml
Sent: Wednesday, February 28, 2018 1:40 PM
To: Ihrke, Bill <bihrke@rutan.com>
Subject: Executed Amendment
Bill, we had modified protocols requiring the Board to sign to we need to go back and get Board President's signature.
ROBERT A. LAURIE
Assistant General Counsel,Energy
Imperial Irrigation District
E-mail: raiaurie iid.con)
Cell: (760) 791-1094