CVWD - Adams Bridge Co-op Agreement 10File: 0001.3
0121.227
1150.14
COOPERATIVE AGREEMENT
FOR THE RELOCATION OF
DOMESTIC WATER AND SANITARY SEWER LINES AND CONSTRUCTION
OF STORMWATER FACILITY IMPROVEMENTS
WITHIN THE
ADAMS STREET BRIDGE IMPROVEMENT
This Agreement (hereinafter "Agreement") entered into this f B'A day of
QGfo6><_-t- , 2010, is between the City of La Quinta, a municipal
corporation and charter city, referred to herein as "LA QUINTA," and the
Coachella Valley Water District, a public agency of the State of California,
referred to herein as "DISTRICT." LA QUINTA and DISTRICT are collectively
referred to in this Agreement as "PARTIES;" and singularly referred to in this
Agreement as "PARTY."
RECITALS
(1)LA QUINTA intends to replace the existing low water crossing
spanning the Coachella Valley Stormwater Channel on Adams Street
with an all weather bridge, referred to herein as "PROJECT."
(2) There are several DISTRICT owned conflicting facilities
("CONFLICTING FACILITIES") located within the proposed PROJECT.
The CONFLICTING FACILITIES include both domestic water and
sanitary sewer lines. The CONFLICTING FACILITIES are shown on
Exhibit A attached hereto and by this reference incorporated herein.
The CONFLICTING FACILITIES shall be relocated to such location
shown on Exhibit B attached hereto and by this reference incorporated
herein. With respect to the domestic water line, the relocation shall
consist of (a) the removal of approximately one hundred seventy-four
feet (174') of existing eighteen inch (18") pipeline; and (b) the
installation of approximately one hundred fifty-seven feet (157') of
new eighteen inch (18") DIP and a large thrust collar. The relocation
of the sanitary sewer line shall consist of (a) the removal of
approximately two hundred forty-five feet (245') of VCP sewer line(s);
(b) removal of a manhole designated as CVWD Dwg #38425; (c)
installation of approximately one hundred sixty-seven feet (167') of
new VCP sewer line; (d) modification of two (2) manhole bases; and
(e) raising of two (2) manhole shafts designated as CVWD 24900 and
38495.
(3) The PROJECT shall necessitate the design and construction of the
following stormwater facilities (collectively, "STORMWATER
FACILITIES"):
(a) One (1) forty-eight inch (48") [concrete] outlet at such location
depicted on Exhibit C attached hereto and by this reference
incorporated herein ("OUTLET 1 ");
(b) One (1) forty-two inch (42") [concrete] outlet at such location
depicted on Exhibit D attached hereto and by this reference
incorporated herein ("OUTLET 2");
(c) Approximately one thousand seven hundred and sixty-eight feet
(1768') of slope protection consisting of cast -in place concrete
or air -placed reinforced concrete, at such location depicted on
Exhibit C & D attached hereto and by this reference
incorporated herein ("SLOPE PROTECTION"); and
(d) Two (2) access ramps at such locations depicted on Exhibit C &
D attached hereto and by this reference incorporated herein
("RAMPS").
The design and construction of the STORMWATER FACILITIES shall
be at LA QUINTA'S sole cost and expense. Upon completion of the
STORMWATER FACILIITIES, as more particularly set forth herein,
ownership to the SLOPE PROTECTION and RAMPS shall be granted
through Bill of Sale to the DISTRICT. LA QUINTA shall retain
ownership of OUTLET 1 and OUTLET 2.
(4) The CONFLICTING FACILITIES are located within LA QUINTA's right
of way under permit and will be relocated at DISTRICT's expense.
(5) LA QUINTA and DISTRICT desire to specify the terms and conditions
under which the CONFLICTING FACILITIES are to be relocated, the
design and construction of the STORMWATER FACILITIES, as well as,
the obligations and responsibilities of the PARTIES.
NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICINECY OF WHICH IS ACKNOWLEDGED, THE
PARTIES AGREE AS FOLLOWS:
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Gpntinn I
LA QUINTA AGREES:
(1) To prepare Plans, Specifications and Estimates (PS&E) for the
PROJECT. PS&E are to be prepared in accordance with the Standard
Plans and Specifications for Public Works Construction, the standards
and practices of LA QUINTA and all applicable laws and regulations,
except as provided below. The PS&E shall include the STORMWATER
FACILITIES and the relocation of the CONFLICTING FACILITIES
("DISTRICT PORTION OF THE PLANS") to such location as shall be
agreed to by the PARTIES. The DISTRICT PORTION OF THE PLANS
shall be in accordance with the DISTRICT's design criteria and
standards, including, but not limited to, the DISTRICT's "Development
Design Manual," "Standard Specifications for the Construction of
Domestic Water Systems" and "Standard Specifications for the
Construction of Sanitation Systems."
LA QUINTA shall submit the DISTRICT PORTION OF THE PLANS to
the DISTRICT for review and written approval. If the DISTRICT
disapproves of the DISTRICT PORTION OF THE PLANS pursuant to
Section II (1) below, LA QUINTA shall modify or cause the
modification of the DISTRICT PORTION OF THE PLANS in accordance
with the reasons given for disapproval and shall resubmit the revised
DISTRICT PORTION OF THE PLANS to DISTRICT for approval or
disapproval. The foregoing procedure shall be continued until the
DISTRICT PORTION OF THE PLANS has been approved by the
DISTRICT.
(2) To satisfy the requirements of the California Environmental Quality Act
("CEQA") and all other applicable state and environmental laws arising
out of or in connection with the construction of the PROJECT,
including, but not limited to, the STORMWATER FACILITIES and the
relocation of the CONFLICTING FACILITIES.
(3) To prepare the bid package for the improvements to be constructed as
part of the PROJECT, including, but not limited to, the STORMWATER
FACILITIES and the relocation of the CONFLICTING FACILITIES.
Notwithstanding the foregoing, LA QUINTA shall include the following
in the bid package:
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(a) The DISTRICT shall be named as an obligee under any labor and
material payment bonds and contract performance bonds for the
SLOPE PROTECTION, RAMPS AND THE CONFLICTING
FACILITIES.
(b) The DISTRICT INDEMNITEES (as that term is defined in Section
IV (2)) shall be named as additional insureds on any general
insurance policy required by LA QUINTA.
(c) The DISTRICT INDEMNITEES shall be named as indemnified
parties under all indemnifications, hold harmless provisions,
waivers and releases in favor of LA QUINTA.
(d) The DISTRCT shall be entitled to all warranties, guarantees and post
completion bonds with respect to the SLOPE PROTECTION, RAMPS
and the CONFLICTING FACILITIES as LA QUINTA is entitled to for the
remaining portion of the PROJECT.
(4) To include the relocation of the CONFLICTING FACILITIES as additive
alternates within the PROJECT bid documents. The bid documents
will require all contractors to bid for the construction of the PROJECT
with and without the relocation of the CONFLICTING FACILITIES.
(5) To cause the relocation of the CONFLICTING FACILITIES to be
constructed as part of the PROJECT in the event DISTRICT makes
such election pursuant to Section II (5) below.
(6) To serve as the "Lead Agency" for the design, advertisement and
construction of any and all improvements awarded for construction of
the PROJECT, including, but not limited to, the STORMWATER
FACILITIES and the relocation of the CONFLICTING FACILITIES.
Except as otherwise provided herein, LA QUINTA shall be solely
responsible for advertising, negotiation and supervision of all contracts
for the construction of the PROJECT in accordance with applicable
federal, state and local laws, including, but not limited to, CEQA, the
California Labor Code, Government Code and Public Contract Code.
LA QUINTA shall determine the acceptable bid for the PROJECT, in
the DISTRICT's reasonable discretion, in accordance with LA
QUINTA's normal procedures, policies and practices and as otherwise
provided by federal, state and local laws and the rules and regulations
promulgated thereunder, which are applicable to LA QUINTA.
Notwithstanding the foregoing, LA QUINTA shall consult with
DISTRICT prior to accepting a bid for the CONFLICTING FACILITIES.
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(7) Except for the relocation of the CONFLICTING FACILITIES, to pay for
the design and construction of the PROJECT, including the
STORMWATER FACILITIES, including all costs arising out of or in
connection with the same.
(8) To obtain or cause its contractor to obtain a construction
encroachment permit from the DISTRICT for the construction of
Adams Street Bridge, OUTLET 1 and OUTLET 2, SLOPE PROTECTION
and RAMPS, the construction staging area and Adams Street bypass
road on certain DISTRICT owned or controlled real property shown on
Exhibit C & D attached hereto and by this reference incorporated
herein;. The DISTRICT shall use its standard form encroachment
permit with such changes as DISTRICT considers necessary for the
issuance thereof. LA QUINTA shall obtain a permanent encroachment
permit from the DISTRICT for Adams Street Bridge, OUTLET 1 and
OUTLET 2 as more particularly set forth in Section III (8) of this
Agreement. LA QUINTA shall also obtain a temporary encroachment
permit for the Adams Street bypass road. The foregoing
encroachment permits shall be obtained prior to the commencement of
construction of the PROJECT.
(9) To cause utility providers, such as but not limited to Time Warner
Cable and IID, to apply for temporary encroachment permits from the
DISTRICT for the temporary relocation of their facilities within the
Coachella Valley Stormwater Channel until such facilities may be
relocated on or within the all weather bridge.
(10) To issue to DISTRICT an encroachment permit for the applicable
relocated CONFLICTING FACILITIES which shall be within LA
QUINTA's right of way. LA QUINTA shall use its standard form
encroachment permit with such changes as LA QUINTA considers
necessary for the issuance thereof.
Section II
DISTRICT AGREES:
(1) To review the DISTRICT PORTION OF THE PLANS for the relocation of
the CONFLICTING FACILITIES and the STORMWATER FACILITIES and
provide LA QUINTA with written approval or disapproval thereof
within twenty (20) days from the date the DISTRICT PORTION OF
THE PLANS are submitted to the DISTRICT. If the DISTRICT
disapproves the DISTRICT PORTION OF THE PLANS, the DISTRICT
shall state specifically in writing, the reasons for such disapproval and
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the actions which the DISTRICT believes LA QUINTA must take to
obtain DISTRICT approval.
(2) To cooperate with LA QUINTA in the CEQA and NEPA environmental
approval process.
(3) To review the project plans and specifications for the STORMWATER
FACILITIES and the relocation of the CONFLICTING FACILITIES and
provide LA QUINTA with written approval or disapproval thereof
within twenty (20) days from the date the project plans and
specifications are submitted to the DISTRICT. If the DISTRICT
disapproves the plans and specifications, the DISTRICT shall state
specifically in writing, the reasons for such disapproval and the actions
which the DISTRICT believes LA QUINTA must take to obtain
DISTRICT approval.
(4) To reimburse LA QUINTA for the costs associated with the
preparation of the DISTRICT PORTION OF THE PLANS with respect to
the relocation of the CONFLICTING FACILITIES, in the amount of TEN
THOUSAND SEVEN HUNDRED DOLLARS ($10,700.00), within thirty
(30) days of LA QUINTA's written request, provided that such request
shall not take place until the completion and approval of the DISTRICT
PORTION OF THE PLANS. The costs associated with the remainder of
the PS&E, including costs associated with the STORMWATER
FACILITIES, shall be borne by LA QUINTA.
(5) At the cost and expense solely of the DISTRICT, the DISTRICT may
choose, in its sole and absolute discretion, to cause LA QUINTA to
award the relocation of the CONFLICTING FACILITIES as part of the
PROJECT.
(6) At the cost and expense solely of the DISTRICT, the DISTRICT may
choose, in its sole and absolute discretion, to relocate or cause the
relocation of the CONFLICTING FACILITIES.
(7) In the event DISTRICT requests LA QUINTA to award the relocation of
the CONFLICTING FACILITIES as part of the PROJECT, DISTRICT shall
reimburse LA QUINTA for the relocation of the CONFLICTING
FACILITIES within thirty (30) days following the completion and
acceptance of the relocated CONFLICTING FACILITIES. LA QUINTA
shall provide DISTRICT with an itemized accounting showing all costs
and expenses deducted from the DEPOSIT which were incurred by LA
QUINTA for the relocation of the CONFLICTING FACILITIES. If there
is a difference of the amount shown as expended and the bid amount
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(plus authorized change orders), LA QUINTA shall provide a written
explanation as to the differences. Nothing herein shall be construed
as an authorization to expend amounts in addition to the amounts
shown in the bid by LA QUINTA's contractor. The costs associated
with the construction of the remainder of the PROJECT, including
costs associated with the STORMWATER FACILITIES, shall be borne
by LA QUINTA.
(8) At the cost and expense solely of the DISTRICT, the DISTRICT's
inspectors shall inspect all work and materials pertaining to the
relocation of the CONFLICTING FACILITIES. LA QUINTA hereby
grants to the DISTRICT an irrevocable license to enter upon the
PROJECT for the purpose of making such inspections. DISTRICT's
inspectors shall provide daily inspection reports to LA QUINTA's
project engineer. The PARTIES understand and agree that DISTRICT's
inspection personnel shall consult with LA QUINTA's Resident
Engineer regarding all unacceptable materials, workmanship and/or
installation be replaced, repaired or corrected by LA QUINTA's
contractor, if awarded as part of PROJECT. Nothing herein shall be
construed to grant DISTRICT control over LA QUINTA's contractor,
who is the sole responsibility of LA QUINTA. (LA QUINTA is
responsible for the cost of District Inspection of the STORMWATER
FACILTIES.)
Sar•.tinn III
IT IS MUTUALLY AGREED AS FOLLOWS:
(1)LA QUINTA shall provide DISTRICT with seven (7) days prior written
notice of the day LA QUINTA intends to open bids for the construction
of the PROJECT. Within five (5) business days from the opening of
bids for construction of the PROJECT, DISTRICT will notify LA
QUINTA of its election to (a) cause LA QUINTA to award the
relocation of the CONFLICTING FACILITIES as part of PROJECT, or (b)
relocate or cause the relocation of the CONFLICTING FACILITIES.
(2) LA QUINTA will prepare the PROJECT bid specifications in a manner
that will require LA QUINTA's contractor to cooperate with DISTRICT
if DISTRICT chooses to relocate or cause the relocation of the
CONFLICTING FACILITIES.
(3) If the DISTRICT chooses to relocate the CONFLICTING FACILITIES,
the DISTRICT will perform this relocation work within thirty(30)
working days for the domestic water, and thirty (30 working days for
the sanitary sewer lines, from the date LA QUINTA provides written
notification to DISTRICT that the PROJECT area is available.
DISTRICT shall use commercially reasonable efforts to coordinate and
perform its work so as to not impede the progress of LA QUINTA's
contractor on the PROJECT. If the performance, in whole or in part, of
the DISTRICT is hindered, interrupted or prevented by wars, strikes,
lockouts, casualties (including fire), Acts of God, or by any other acts
of military authority, or by any cause beyond the control of DISTRICT,
whether similar to the causes herein specified or not, such obligation
under this Section shall be suspended to the extent and for the time
the performance thereof is affected by any such act. Upon the
cessation of any such hindrance, interruption or prevention, DISTRICT
shall be obligated to resume and continue performance of its
obligations under this Section.
(4) LA QUINTA shall cause its contractor to install the STORMWATER
FACILITIES and the relocation of the CONFLICTING FACILITIES in
strict accordance with the approved DISTRICT PORTION OF THE
PLANS and in accordance with the laws, rules and regulations of all
governmental bodies and agencies having jurisdiction over the
PROJECT. Any deviations from the approved DISTRICT PORTION OF
THE PLANS must be approved by the DISTRICT, in writing. LA
QUINTA shall not authorize its contractor to perform, and the
DISTRICT will not be liable for, any change order, extra work or
alteration performed by LA QUINTA's contractor, unless authorization
in writing from the DISTRICT is given prior to the performance of such
work.
(5) All field orders shall have (a) a DISTRICT inspector or engineer present
and (b) DISTRICT inspectors' or engineers' prior written authorization.
(6) All connections of the relocated CONFLICTING FACILITIES to the
DISTRICT's existing facilities shall be performed by DISTRICT's
employees, contractors and agents. LA QUINTA shall provide at least
fifteen (15) days written notice to schedule said connections.
(7) LA QUINTA shall provide DISTRICT with a weekly written progress
report for the construction of the STORMWATER FACILITIES and the
relocation of the CONFLICTING FACILITIES.
(8) Upon construction and installation of the STORMWATER FACILITIES
and the relocated CONFLICTING FACILITIES, LA QUINTA shall cause
its contractor to notify the DISTRICT, in writing, that the relocation
has been completed in accordance with the DISTRICT PORTION OF
M
THE PLANS. DISTRICT shall make a final inspection and provide
written notice to LA QUINTA either (a) confirming that the
STORMWATER FACILITIES and the relocation of the CONFLICTING
FACILITIES, as the case may be, have been completed in accordance
with the requirements of this Agreement or (b) setting forth a
punchlist of items that need to be completed or corrected. If
DISTRICT provides such a punchlist of items that need to be
completed or corrected, the above -referenced notice and inspection
procedure shall be repeated upon completion of the punchlist items.
Nothing herein shall be considered a waiver of any warranty,
guarantee or other right in favor of the DISTRICT. The contractor
shall provide to DISTRICT evidence that all persons, firms, and
corporations supplying work, labor, materials, supplies and equipment
for the SLOPE PROTECTION, RAMPS and the relocation of the
CONFLICTING FACILITIES have been paid in full. Upon formal written
acceptance of the SLOPE PROTECTION, RAMPS and relocated
CONFLICTING FACILITIES by the DISTICT, LA QUINTA shall execute a
bill of sale in favor of the DISTRICT in such form and content as shall
be acceptable to the PARTIES. The SLOPE PROTECTION, RAMPS and
relocated CONFLICTING FACILITIES shall be transferred to DISTRICT
free of all liens and encumbrances.
LA QUINTA shall retain ownership and operation of OUTLET 1 and
OUTLET 2 at the completion of the punch list items for OUTLET 1 and
OUTLET 2. LA QUINTA shall apply to the District for a permanent
encroachment permit for OUTLET 1 and OUTLET 2.
The District previously issued the following encroachment permits
("EXISTING ENCROACHMENT PERMITS") to LA QUINTA:
(a) Permit No. 050729-2-009 (Adams Street/CVSWC Low Water
Crossing O&M-1992);
(b) Permit No. 050730-1-017 (48-inch Storm Drain Outlet O&M-
1999);
(c) Permit No. 050729-2-TEM, 050730-1-XXX (Staging Area-
2010);
(d) Permit No. 050729-2-CON, 050730-1-XXX (Storm Drain
Outlets, Slope Protection and Access Ramps-2010).
(9) LA QUINTA agrees to maintain records of all costs and expenses
incurred in the relocation of the CONFLICTING FACILITIES and the
construction of the STORMWATER FACILITIES and to make such
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records available for review and audit by DISTRICT or its designee
upon three (3) business days' written request by DISTRICT in
accordance with the notice provisions in Section IV (4) of this
Agreement. All such records shall be maintained by LA QUINTA for
not less than three (3) years following completion of the PROJECT.
Section IV
GENERAL PROVISIONS:
(1) No alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by all PARTIES, and no oral
understanding or agreement not incorporated herein shall be binding
on either PARTY hereto.
(2) Neither DISTRICT nor any officer, director, administrator,
representative, agent or employee thereof ("DISTRICT INDEMNITEES")
shall be responsible for any damage or liability occurring by reason of
anything done or omitted to be done by or on behalf of LA QUINTA
under or in connection with any work, authority or jurisdiction
delegated to LA QUINTA under this Agreement unless such damage or
liability is the result of DISTRICT's misconduct or negligence. [It is
further agreed that, pursuant to Government Code Section 895.4,1 LA
QUINTA shall fully indemnify and hold the DISTRICT INDEMNITEES
harmless from any liability imposed for injury [(as defined by
Government Code Section 810.8)] occurring by reason of anything
done or omitted to be done by LA QUINTA under or in connection
with any work, authority or jurisdiction delegated to LA QUINTA under
this Agreement except to the extent that such injury results from
DISTRICT's own misconduct or negligence.
(3) Neither LA QUINTA nor any other officer, council member,
administrator, representative, agent or employee thereof ("LA QUINTA
INDEMNITEES") shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by or on
behalf of DISTRICT under or in connection with any work, authority or
jurisdiction delegated to DISTRICT under this Agreement. [It is also
agreed that, pursuant to Government Code Section 895.4,] DISTRICT
shall fully indemnify and hold the LA QUINTA INDEMNITEES harmless
from any liability imposed for injury [(as defined by Government Code
Section 810.98)] occurring by reason of anything done or omitted to
be done by DISTRICT under or in connection with any work, authority
or jurisdiction delegated to DISTRICT under this Agreement except to
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the extent that such injury results from LA QUINTA's own misconduct
or negligence.
(4) All notices provided for the hereunder shall be in writing and mailed
(registered or certified, postage prepaid, return receipt requested),
or by express carrier (return receipt requested) or hand delivered to
the PARTIES at the addresses set forth below or at such other
addresses as shall be designated by such PARTY and a written
notice to the other PARTY in accordance with the provisions of this
Section. All such notices shall, if hand delivered, or delivered by
express carrier, be deemed received upon delivery and, if mailed, be
deemed received three (3) business days after such mailing.
DISTRICT:
Coachella Valley Water District
Attention: General Manager — Chief Engineer
Post Office Box 1058
Coachella, California 92236
85-995 Avenue 52
Coachella, California 92236
LA QUINTA:
City of La Quinta
Attention: Tom Genovese, City Manager
P O Box 1504
La Quinta CA 92247-1504
78495 Calle Tampico
La Quinta CA 92253
(5) All of the Recitals are hereby incorporated herein by this reference
to the same extent as though hereinagain set forth in full.
(6) In the event of any litigation or other action between the PARTIES
arising out of or relating to this Agreement or the breach thereof, the
prevailing PARTY shall be entitled, in addition to such other relief as
may be granted, to its reasonable costs and attorneys' fees.
(7) If any provision of this Agreement shall be ruled invalid, illegal or
unenforceable, the PARTIES shall: (a) promptly negotiate a substitute
for the provision which shall, to the greatest extent legally permissible,
effect the intent of the Parties in the invalid, illegal or unenforceable
provision, and (b) negotiate such changes in, substitutions for or
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additions to the remaining provisions of this Agreement as may be
necessary in addition to and in conjunction with clause (a) above to
give effect to the intent of the PARTIES without the invalid, illegal or
unenforceable provision. To the extent the PARTIES are unable to
negotiate such changes, substitutions or additions as set forth in the
preceding sentence, and the intent of the PARTIES with respect to the
essential terms of the Agreement may be carried out without the
invalid, illegal or unenforceable provision, the balance of this
Agreement shall not be affected, and this Agreement shall be
construed and enforced as if the invalid, illegal or unenforceable
provision did not exist.
(8) Each PARTY hereto agrees to execute and deliver such other
documents and perform such other acts as may be necessary to
effectuate the purposes of this Agreement.
(9)This Agreement is entered into within the State of California, and all
questions concerning the validity, interpretation and performance of
any of its terms or provisions or any of the rights or obligations of the
PARTIES hereto shall be governed by and resolved in accordance with
the laws of the State of California.
(10)The provisions of the Agreement shall be construed as to their fair
meaning, and not for or against any PARTY based upon any attribution
to such PARTY as the source of language in question.
(11)Time is of the essence of this Agreement and each and every term
and provisions thereof.
(12)Neither the DISTRICT nor the LA QUINTA shall, either voluntarily or by
action of law, assign or transfer this Agreement or any obligation,
right, title or interest assumed by such PARTY, except as otherwise
provided herein, without the prior written consent of the other PARTY.
Any attempted assignment in violation if this provision is void ab initio.
Subject to the foregoing, the provisions of this Agreement shall apply
and bind the successors and assigns of the PARTIES.
(13)Except as specifically set forth herein, this Agreement shall not be
deemed to confer any rights upon any individual or entity which is not
a party hereto and the PARTIES expressly disclaim such third party
benefit.
(14)No delay on the part of any PARTY hereto in exercising any right,
power or privilege hereunder shall operate as a waiver thereof, nor
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shall any waiver on the part of any PARTY hereto of any right, power
or privilege hereunder operate as a waiver of any other right, power or
privilege hereunder, nor shall any single or partial exercise of any right,
power or privilege hereunder, preclude any other or further exercise of
any other right, power or privilege hereunder.
0 5)Each individual executing this Agreement hereby represents and
warrants that he or she has the full power and authority to execute
this Agreement on behalf of the named PARTIES.
0 6)This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which shall constitute but one
instrument.
0 7)The PARTIES agree that any action or proceeding to enforce or
relating to this Agreement shall be brought exclusively in the Federal
or State courts located in Riverside County, California, and the
PARTIES hereto consent to the exercise of personal jurisdiction over
them by any such courts for purposes of any such action or
proceeding.
(The remainder of this page intentionally left blank.)
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IN WITNESS WHEREOF, this Agreement has been executed by the
PARTIES on the date below written.
THE DISTRICT:
Coachella Valley Water District,
a public agency of the
State of California
Dated: j0• (8, ICU
ATTEST:
By: 1 ?�rve.ain
t^3o ee,-e�n
C#AG
LA QUINTA:
City of La Quinta,
a municipal corporation
and charter city
Thomas P. Genovese, City Manager
Dated: /061>Z
City Clerk
APPROV D AS TO OR
By:
Katherin enson
City Attorn y
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EXHIBIT LIST
EXHIBIT A DEPICTION CONFLICTING
FACILITIES
EXHIBIT B DEPICTION OF RELOCATED
CONFLICTING FACILITIES
EXHIBIT C LOCATION OUTLET 1 & 2,
DEPICTION SLOPE
PROTECTION, DEPICTION OF
RAMP & STAGING AREA ON
DISTRICT PROPERTY
EXHIBIT A
TO AGREEMENT
DEPICTION CONFLICTING FACILITIES
District Drawings: 38492 — 38493 (Domestic Water) & 38494-38495 (Sewer)
EXHIBIT B
TO AGREEMENT
DEPICTION OF RELOCATED CONFLICTING FACILITIES
District Drawings: 38492 — 38493 (Domestic Water) & 38494-38495 (Sewer)
EXHIBIT C
TO AGREEMENT
LOCATION OUTLET 1 & 2
SLOPE PROTECTION
ACCESS RAMP
STAGING AREA
District Drawings: 38576 — 38594
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RESOLUTION OF THE BOARD OF DIRECTORS OF
COACHELLA VALLEY WATER DISTRICT
RESOLUTION NO.2010-182
BE IT RESOLVED by the Board of Directors of the Coachella Valley Water District
assembled in regular meeting this 12"' day of October, 2010, that the appropriate officers are
hereby authorized to execute on behalf of this District, a Cooperative Agreement with the City
of La Quinta for the Relocation of Domestic Water and Sanitary Sewer Lines and Construction
of Stonnwater Facility Improvements within the Adams Street Bridge Improvement.
***********
STATE OF CALIFORNIA )
COACHELLA VALLEY WATER DISTRICT) ss.
OFFICE OF THE SECRETARY }
I, JULIA FERNANDEZ, Secretary of the Board of Directors of the Coachella Valley
Water District, DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of
Resolution No. 2010-182 adopted by the Board of Directors of said District at a regular
meeting thereof duly held and convened on the 12`h day of October, 2010, at which meeting a
quorum of said Board was present and acting throughout. The Resolution was adopted by the
following vote:
AYES: Five
NOES: None
ABSTAIN: None
Dated this 12°i day of October, 2010.
(SEAL)
Board ecretary
�NAT�Re
COACHELLA VALLEY WATER DISTRICT
��STRt
Board Action Item
TO: Board of Directors
FROM: Georgia Celehar Bauer
Principal Stormwater Engineer
DATE: September 27, 2010
FILE: 1150.14
SUBJECT: Cooperative Agreement with City of La Quinta for the Relocation of Domestic
Water and Sanitary Sewer Lines and Construction of Stormwater Facility
Improvements within the Adams Street Bridge Improvement
The City of La Quinta (City) intends to replace the existing Adams Street low water crossing
spanning the Coachella Valley Stormwater Channel (CVSC) with a bridge. There are District
domestic water and sanitation facilities in conflict with the bridge improvements, which require
relocation. Because the City has prior rights, the District is responsible for the relocations.
The bridge project also requires slope protection along the banks of the CVSC to ensure
adequate protection of the bridge structure during a flooding event. The City is responsible for
the design and construction of these stormwater improvements.
The relocation project is located in sections 29 and 30, township 5 south, range 7 east, San
Bernardino Base and Meridian. Please see the attached map.
The purpose if the Cooperative Agreement is to formalize responsibilities associated with the
bridge improvements.
District staff and Redwine and Sherril have reviewed the agreement. The highlights of the
Cooperative Agreement are:
• The City, except for the relocation of District domestic and sanitation facilities, will be
responsible for funding the design and construction of the bridge improvements.
• The City as part of the bridge improvements will construct new concrete slope lining on
the north bank, reconstruct concrete lining on the south bank, construct two concrete
access ramps into the CVSC at the north and south banks and reconstruct two outlets.
• The District will be responsible for the reimbursement cost of $10,700 to the City for the
preparation of the domestic water and sanitation relocation plans.
• The District will have the option to have our forces or the City award a contract for a
contractor to construct the relocated domestic water and sanitation facilities.
• In the event the District requests the City to award the relocations to its contractor, the
District will reimburse the City following the completion of construction and acceptance
of the relocated facilities.
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SUBJECT: Cooperative Agreement with City of La Quinta for the Relocation of Domestic
Water and Sanitary Sewer Lines and Construction of Stormwater Facility
Improvements within the Adams Street Bridge Improvement
• After all the bridge improvement construction has been completed and approved, the
District will reimburse the City for the domestic water and sanitation faculties relocation
plan preparation and the City will deed the applicable stormwater faculties to the District.
• City is responsible for all CEQA requirements related to the above -mentioned activities.
Approval of this agreement is not a "project' as defined by CEQA, therefore, approval does not
require any CEQA action.
It is recommended that the Board of Directors authorize the General Manager -Chief Engineer to
execute the Cooperative Agreement with City of La Quinta for the Relocation of Domestic
Water and Sanitary Sewer Lines and Construction of Stormwater Facility Improvements within
the Adams Street Bridge Improvement. A copy of the agreement is attached.
Future Board authorization will be requested for the relocation of domestic water and sewer
facilities plan preparation and construction. The current estimated cost for the relocation of
domestic and sewer relocation plan preparation and construction is $110,000.
Prepared by: Date:
Georgia Celehar Bauer
Principal Stormwater Engineer
g=,Submitted by: Date: OA///0
Mark Jo son
Director of Engineering
Approved by: l� Date:
Steve Robbins
General Manager -Chief Engineer
Attachments/as
GC/brd/pa/oct 12/Adams street bridge
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