CVWD,City of Indio & City of LQ - Madison Irrig 13No Recording Fees
Required Per
Government Code
Section 27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
COACHELLA VALLEY WATER DISTRICT
Post Office Box 1058
Coachella, California 92236
per January 29, 2013 letter from
CVWD Board Secretary, this doc
will not be recorded by CVWD. per
LQ City Attorney February 5, 2013,
recording this doc is not a city
requirement or necessity. e r
(Space above this line is for Recorder's Use)
File: 0322.12
APN: 0655.
SPECIAL IRRIGATION SYSTEM INSTALLATION AGREEMENT
THIS SPECIAL IRRIGATION SYSTEM INSTALLATION AGEMENT
("Agreement") is made on this aday of �_G�a�20 ("Effective Date") by
and between the COACHELLA VALLEY WATER DISTRICTf, a public agency of the State of
California ("District") and City of Indio a California municipal corporation and City of La
Quinta, a California municipal corporation (collectively, "Cities").
RECITALS
A. Cities are the owners of Madison Street, Avenue 50, and Avenue 52 roadway
rights -of -way located in the Cities and legally described on Exhibit "A" and depicted on Exhibit
"B" attached hereto and by this reference incorporated herein ("City Right -of -Way").
B. Cities are proposing street improvements on Madison Street from approximately
600' north of Avenue 50 to Avenue 52, on Avenue 50 from 600' west to 550' east of Madison
Street, on Avenue 52 550' west to 600' east of Madison Street. Specifically, Cities desire to
remove the existing 26' wide roadway structural section and widen the roadway to 40' wide
from Avenue 50 to Avenue 52. These street improvements require replacement of three USBR
irrigation laterals (Lat. 118.9, Lat. 119.2, and Lat 119.2A/119.6) within the existing Madison
Street right-of-way as is further described herein. In addition to the foregoing, Cities shall
provide such protection, in place, to USBR irrigation laterals Nos. 118.7, 118.7A and 118.0-
08Lt-05 as shall be mandated by the District. The replacement of the USBR irrigation laterals as
well as the protection of such other irrigation laterals comprise the proposed work that is the
subject of this Agreement and is referred to as the "Project."
C. Located within the City Right -of -Way is an irrigation system comprised of the
Coachella Branch of the All -American Canal ("Coachella Canal"), Flood Protection Dikes &
Channels ("Protective Works") and irrigation distribution piping system ("Irrigation Distribution
System") (collectively "Irrigation System") which supply Colorado River water to irrigation
Doc. Nos 060703-2-003
12183.0001/1507323.3 1 060703-3-XXX
11.21.12 (clean) 060704-1-XXX
060704-4-XXX
customers of District. The United States Bureau of Reclamation ("USBR") owns the Coachella
Canal, Protective Works, and Irrigation Distribution System and pursuant to an agreement, the
District operates and maintains the Coachella Canal, Protective Works and Irrigation Distribution
System.
D. The Project proposed by the Cities impacts portions of the Irrigation System that
lie within or adjacent to the City Right -of -Way. In order to construct the Project, the District
requires that the parties enter into this Agreement.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Cities General Responsibilities
A. Cities shall, at Cities' sole cost and expense, be responsible for compliance with the
California Environmental Quality Act ("CEQA") and all other applicable state and federal
environmental laws and all requirements of the Federal Endangered Species Act and the
California Endangered Species Act arising out of or in connection with the Project to be
constructed hereunder and for compliance with all conditions and mitigation measures which
must be satisfied in connection with the same. Cities shall cause one of the parties (Indio or La
Quinta) to act as lead agency for the purpose of complying with CEQA, or District may elect, but
shall have no obligation, to act as lead agency. As part of its obligation to fund the CEQA
process, Cities shall prepare or cause to be prepared all instruments, documents, reports and
other like or kind writings required to be prepared and/or filed under CEQA.
B. If applicable to the Project, Cities shall, upon request by District, and at no cost to
District, furnish District with such information as Cities possess or have available to them from
any consultants, engineers, contractors or other persons engaged by or under the control of Cities
relating to the environmental assessment relative to the removal of the applicable portions of the
Irrigation System and installation of the Project. Nothing herein contained shall be construed or
interpreted to require District to make or participate in any legal action for the purpose of
securing approval for any improvement.
C. Cities shall employ, at Cities' sole cost and expense, a qualified professional engineering
firm ("Cities' Engineer") to plan, design and prepare detailed construction plans and
specifications ("Plans") for the Project in accordance with District's design criteria and
standards, including, but not limited to, the District's "Development Design Manual." The Plans
prepared by Cities' Engineer shall be submitted to the District and subject to District review and
written approval prior to presentation thereof to contractors for bidding purposes. District shall
approve or disapprove the Plans within a reasonable amount of time after submittal to District.
In the event District disapproves the Plans, Cities shall modify the Plans in accordance with the
reasons given for disapproval and shall resubmit the revised Plans to District for approval or
disapproval. The foregoing procedure shall continue until the Plans have been approved by the
District. Cities hereby acknowledge and understand that District has the sole and absolute
discretion to approve or disapprove Cities' Plans. Cities represent that it will or will cause the
Cities' Engineer to ensure the Plans conform to all applicable federal, state and local
governmental rules, ordinances and regulations. To Cities' knowledge, after due inquiry, the
2
12183,0001/1507323.3
Plans are complete, accurate, workable and are in compliance with all governmental
requirements with respect thereto.
D. Cities shall within thirty (30) days of District's approval of the Plans, submit an
application to the USBR to: (i) abandon the applicable portions of the Irrigation System; and (ii)
relocate or construct and install the replacement portions of the Irrigation System. The term
"relocate" shall mean the removal of the applicable portions of the Irrigation System and the
construction of new portions of the same within new easements of fee owned land. The
submittal of the application to the USBR by Cities and the process by which Cities satisfy any
requirements of the USBR will be coordinated through the District. Cities hereby agree to
satisfy the requirements of the USBR, at Cities' sole cost and expense. In the event a
requirement of the USBR conflicts with the terms of this Agreement with respect to the
abandonment or construction at the applicable portion of the Irrigation System, the requirements
of the USBR shall prevail. Notwithstanding anything contained in this Agreement, Cities shall
first complete the construction of the replacement portion of the Irrigation System prior to
removing or causing the abandonment of the applicable portion of the Irrigation System.
Nothing herein shall relieve Cities from complying with any requirements of the USBR or
District for receipt of encroachment permits to remove or cause the abandonment of the
applicable portion of the Irrigation System.
2. Cities' Resuonsibilities
A. The District hereby permits the Cities to construct the Project, as is further described in
Exhibit "C" attached hereto and by this reference incorporated herein, pursuant to the terms set
forth in this Agreement.
B. The Cities' Project includes replacement of certain USBR irrigation laterals as follows:
Phase 1: Replace three USBR irrigation laterals (Lat. 118.9, Lat. 119.2, and Lat. 119.2A/119.6)
within the existing Madison Street rights -of -way at such locations as depicted in the Plans
approved by the District ("New Lateral Sites"), and to protect, in place, USBR irrigation laterals
Nos. 118.7, 118.7A and 118.0-08 Lt-05, as shall be mandated by the District. If it is necessary
due to the construction of the New Lateral Sites, the Cities, at Cities' sole cost and expense,
shall provide separate utility relocation plans ("Utility Relocation Plans") for the New
Lateral Sites. The Utility Relocation Plans shall be subject to review and approval by the
District in the same manner as set forth in Section 1(B) of this Agreement. After the Utility
Relocation Plans have been approved by District, Cities shall prepare the New Lateral Sites in
strict compliance with the approved Utility Relocation Plans. The provisions herein relating to
construction and installation of the Project shall apply to the work to be completed with
respect to the New Lateral Sites.
C. Cities shall do the following for the design and construction of the facilities described
herein only if such work (as set forth below) is applicable to and is required due to the impact of
the Project on the Irrigation System:
(i) Design and construct, at Cities' sole cost and expense, an irrigation meter facility,
including all necessary appurtenances thereto, as determined by District, in its sole and absolute
discretion (collectively, "Meter Facility") on the New Lateral Sites at such location set forth in
the plans for the Meter Facility ("Meter Facility Plans"). The Meter Facility Plans shall be
3
12183.0001/1507323.3
subject to review and approval by the District in the same manner as set forth in Section 1(B)
of this Agreement and the provisions relating to construction and installation of the
improvements shall apply to the design and construction of the Meter Facility.
(iii) Design and construct, at Cities' sole cost and expense, to District specifications,
the pipelines or facilities shown on Exhibit "D" attached hereto and by this reference
incorporated herein in accordance with the Schedule on Appendix A. The pipelines shall be of
the type and material as shall be acceptable to the District in District's sole and absolute
discretion. The provisions relating to the design, construction and installation of the
improvements shall apply to the design and construction of the pipelines described herein.
(iv) Design and remove, at Cities' sole cost and expense, to District specifications, the
abandonment of pipelines or facilities shown on Exhibit "D" attached in accordance with the
Schedule on Appendix A. The manner in which the irrigation facilities are abandoned shall be in
compliance with District and USBR requirements and procedures as set forth in the District's
Development Design Manual. Upon completion of the replacement portions of the Irrigation
System, Cities shall remove the applicable portions of the Irrigation System in accordance with
the Plans.
3. Cities' Pre -Plan Check Requirements
A. Prior to submitting the Plans to the District for initial plan check, Cities shall do the
following:
(i) Concurrently with the execution of this Agreement by Cities, Cities shall deliver
to District a current preliminary report ("PR") affecting the Cities' Property dated within thirty
(30) days of the delivery thereof to District. The District will notify Cities of any title exceptions
within the PR which must be subordinated to the lien of this Agreement. Notwithstanding the
foregoing, any monetary liens or liens of any covenants, conditions and restrictions must be
subordinated to the lien of this Agreement. Cities shall have a period of thirty (30) days after the
receipt of written notice to cause the subordination of the items listed in District's notice, as well
as any monetary liens or liens of any covenants, conditions and restrictions.
(ii) Pay the District's plan check deposit and any amounts necessary to reimburse
District for costs incurred in connection with review of the Plans.
(iii) Complete and deliver to District the original Bill of Sale on a form supplied by
the District.
B. Prior to submitting Plans to the District for the second plan check, Cities shall do the
following: If applicable to the Project, Cities, at Cities' sole cost and expense, shall furnish to
District recorded grant deeds and/or recorded easement document(s) and/or recorded easements
proposed to be dedicated in tract maps and/or public rights -of -way, if applicable, in a form
satisfactory to District and USBR (with respect to the replacement portion of the Irrigation
System) as to content, , location, and width and which assure District's or USBR's unequivocal
right to own, operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the
improvements to the District's Irrigation System. Cities shall ensure that all deeds of trust,
4
12183.0001/1507323.3
mortgages and covenants, conditions and restrictions are reconveyed as to fee ownership and
subordinated to the easement(s) set forth herein. Cities shall also ensure that the grant deeds and
easements comply with the requirements of the District's rules and regulations.
4. Cities' Plan Approval/Release Requirements
Prior to the approval/release of the Plans by the District for the Project improvements,
Cities shall furnish to District the approved Plans in CAD format.
5. Cities' Pre -Construction Requirements
Following receipt of District's approval of the design and Plans for the Project
improvements and prior to the construction thereof, Cities shall do the following:
A. Furnish to District, prior to the pre -construction meeting set forth in subsection (C)
below, an irrevocable letter of credit ("LOC") or a certificate of deposit ("CD") from a bank or
savings and loan located and doing business in the State of California and acceptable to District,
naming District as sole beneficiary with the exclusive right of withdrawal according to the
following: in the amount of Five Thousand Dollars ($5,000.00) or five percent (5%) of the
amount of the abandonment costs for the Irrigation System and construction costs of the
irrigation facilities, whichever is greater, as security for the purpose of guaranteeing the
appropriate abandonment of the applicable portions of the Irrigation System and completion of
construction of the irrigation facilities. Said security shall provide that District has the absolute
right five (5) days after the mailing of a written notification to Cities, by certified mail at Cities'
addresses herein, to draw all or a portion of the funds represented by the security as may be
necessary to complete construction and/or abandonment of the applicable portions of the
Irrigation System and including administrative and all other Project costs or to secure
compliance with. this Agreement, including the construction of the irrigation facilities. Each
LOC or CD shall be issued or delivered on a case -by -case basis, for each contract based on the
construction required as outlined herein.
Said security, less draws, if any, will be returned to Cities, upon the District declaring
that the irrigation facilities are final and complete (including, but not limited to, the paving of the
road/street/right-of-way above such facilities) in District's sole and absolute discretion. Cities
hereby understand, acknowledge and agree that the determination that the irrigation facilities are
complete and final may come after District has accepted such facilities.
B. Employ, with written concurrence of District, a qualified contractor or contractors
(collectively, "Cities' Contractor") properly licensed by the State of California to construct and
complete the improvements.
C. Arrange, or cause the Cities' Contractor to arrange, a pre -construction meeting with the
District. At such meeting there shall be at least one (1) representative of Cities, Cities'
Contractor and District. At such meeting, Cities shall be required to pay to District such deposit
for inspection as shall be required by District. District shall deduct from said deposit all
reasonable cost and expense of District, including, but not limited to, District's agents,
5
12183.0001/1507323.3
employees or independent contractors. District shall handle such deposit consistent with the
District's rules, regulations and procedures with respect to such deposits.
D. Obtain and maintain in full force and effect during the term of this Agreement, the
insurance coverages listed on Exhibit "E" attached hereto and by this reference incorporated
herein.
6. Cities' Construction Requirements
Following satisfaction of the requirements set forth in Section 5, Cities shall construct the
improvements in accordance with the following requirements:
A. Cities shall, at their sole cost and expense, apply for and obtain all necessary consents,
approvals, permits, authority, licenses or entitlements as shall be required for the construction
and installation of each facility or improvement from all appropriate governmental authorities.
B. Once construction and/or installation of a Project improvement has commenced, Cities
shall diligently prosecute the same to completion at no cost or expense to District in
conformance with the laws, rules and regulations of all governmental bodies and agencies,
including those of the District.
C. Cities shall perform, or cause to be performed, all construction and installation of the
Project improvements in good, workmanlike and commercially reasonable mamier, with the
standard of diligence and care normally employed by duly qualified persons in the performance
of comparable work and in accordance with generally accepted practices appropriate to the
activities undertaken and in compliance with the construction standards set forth herein. Cities
shall employ at all times adequate staff or consultants with the requisite experience necessary to
administer and coordinate all work related to the design, engineering, construction and
installation of the Project improvements.
D. Cities shall cause the Cities' Contractor to comply with the applicable OSHA standards
and requirements, including following OSHA safety standards and submitting construction and
shoring plans as required.
E. District shall be under no obligation to protect any Project improvement to be constructed
by or on behalf of Cities, or any material, tool, equipment and facilities until written acceptance
thereof by District. Prior to the acceptance, Cities shall bear all risk of loss or damage thereto by
whatever cause inflicted. Cities shall rebuild, repair, restore and replace or cause to be rebuilt,
repaired, restored or replaced, and make good all injuries or damages to any portion of the
Project improvements before completion and acceptance by District and Cities shall bear the
expense thereof.
F. Cities shall directly pay all costs associated with the construction of the Project
improvements, including, but not limited to, furnishing of materials, and Cities shall keep
District free and harmless from such costs.
6
12183.0001/1507323.3
G. Each Project improvement shall be installed in strict compliance with the Plans. Any
deviations from the approved Plans must be approved by District, in writing, prior to being
made.
H. Cities are required by this Agreement to install and construct certain Project
improvements which may be dedicated to District upon completion thereof in accordance with
the terms of this Agreement. Notwithstanding the foregoing, if Cities do not believe that it is
required to perform such work in the same manner and subject to the same requirements as
would be applicable to District had the District undertaken construction, including, without
limitation, the payment of prevailing wages, and other public works requirements pursuant to the
California Labor Code, the California Government Code and the California Public Contracts
Code, then Cities undertake such construction at Cities' risk. Should it be determined in the
future by a court of competent jurisdiction that Cities were required to comply with some or all
of the requirements as would be applicable to District had it undertaken such construction, Cities
shall indemnify, defend and hold harmless the District Indemnitees (as defined in Exhibit "F")
from all Costs (as defined in Exhibit "F") to which they may be subjected or put, by reason of or
resulting from failure to comply with public works requirements, including, but not limited to,
the failure to pay prevailing wages or such other requirements as would be applicable to District
had it undertaken such construction.
I. Cities hereby irrevocably appoint District to inspect the furnishing and installation of the
Project improvements. Cities shall provide District representatives with reasonable access for
inspection purposes. It is understood and agreed that District's inspection personnel shall have
the authority to enforce the Plans, which authority shall include requiring that all unacceptable
materials, workmanship and/or installation be replaced, repaired or corrected by Cities'
Contractor. Nothing herein shall be construed to grant District direct control over Cities'
Contractor or anyone but Cities or their designee. District's inspection does not include
inspection for compliance with safety requirements by Cities' Contractor. Any inspection
completed by District shall be for the sole use and benefit of District, and neither Cities nor any
third party shall be entitled to rely thereon for any purpose. District does not undertake or
assume any responsibility for or owe a duty to select, review or supervise the creation of the
improvements.
7. Cities' Project Completion and Acceptance
A. (i) Upon completion and testing of a Project improvement and/or abandonment of
the applicable portion of the Irrigation System, and after final paving, Cities shall give District
notice of the same. District shall make a final inspection and provide written notice to Cities
either (A) confirming that such improvement has been completed and/or abandoned 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, 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.
(ii) Upon completion and acceptance of each applicable Project improvement and/or
abandonment of the applicable portion of the Irrigation System, Cities shall prepare and execute
7
t 2183.0001 / 1507323.3
a certificate of completion and final acceptance as to each applicable improvement and record
said notice with the Office of Recorder of the County of Riverside, State of California.
(iii) Upon receipt of the certificate of completion and final acceptance, the Bill of Sale
provided herein shall convey title to the Project improvements (as applicable) at no cost and
expense to the District or to the District as agent for USBR (whichever is applicable). The
improvements shall be transferred to District or to the District as agent for USBR (whichever is
applicable) free of all liens and encumbrances. Cities shall provide District with the final
construction costs of the improvements.
(iv) Cities warrant and represent to District that the Project improvements covered
hereby shall be free from construction defects for eighteen (18) months. The Cities shall
maintain in force the CD or LOC for the duration of the eighteen (18) month guarantee.
(v) District shall repair, at Cities' cost and expense, all failures of any Project
improvement which was furnished, installed and/or constructed due to faulty materials or
installation during the eighteen (18) month warranty period referred to in subsection (iv) above.
Cities shall, within thirty (30) days after written demand therefor, pay or cause Cities' Contractor
or surety to pay such cost shown on the invoice. Nothing in this subsection or subsection (iv)
above shall limit or abrogate any other claims, demands or actions District may have against
Cities or Cities' Contractor on account of damages sustained by reason of such defects, nor shall
the provisions of this Section limit, abrogate or affect any warranties in favor of District which
are expressed or implied by law or set forth in any construction agreement.
B. Cities' Engineer shall provide to District all field engineering surveys associated with the
construction of the Project improvements, at Cities' sole cost and expense. Cities shall promptly
furnish to District all field notes and grade sheets, together with all location, offset, and attendant
data and reports, resulting from Cities' field engineering survey and/or proposed facility design
changes, all of which have been prepared in accordance with generally accepted engineering
practices, and allow District sufficient time to approve or make any required design changes
resulting there from prior to construction as part of the District's obligations to review and
approve the Plans. Any inspection or review pursuant to this subsection shall be for the sole use
and benefit of District, and neither Cities nor any third party shall be entitled to rely thereon for
any purpose.
8. Project Close Out Requirements
After receipt of the certificate of completion and final acceptance the following
requirements shall apply:
A. Upon completion of an improvement, Cities shall notify District in writing, and cause
contractors and all subcontractors and material men to provide unconditional lien and material
releases.
B. Cities shall provide District with a declaration by Cities' Contractor that the Cities'
Contractor and all persons and entities who furnished material in the construction of the
improvements have been paid in full.
8
12183.00O1/1507323.3
C. All permits, plans and operating manuals related thereto, shall be delivered to and
become the sole property of the District, subject to Cities' warranty work and other obligations
required hereunder. On the acceptance of a Project improvement, Cities shall deliver to District,
at no cost to the District, all surveys and as -built drawings associated with the construction of the
Project improvement.
9. [Intentionally Left Blank]
10. General Provisions
A. Cities shall assume the defense of, indemnify and hold harmless District Indemnitees and
its consultants, engineers, employees and agents and their respective successors and assigns, and
each and every one of them, in accordance with the provisions of Exhibit "P" attached hereto and
by this reference incorporated herein solely as it relates to the Project improvements undertaken
by the Cities.
B. Prior to the acceptance of the improvements to be constructed hereunder, Cities shall
furnish to District any and all documents reasonably requested by District within possession of
Cities.
C. All notices provided for 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:
CITIES:
Coachella Valley Water District
Attention: Jim Barrett, Acting General Manager
Post Office Box 1058
Coachella, California 92236
75-151 Hovley Lane East
Palm Desert CA 92211
City of Indio
Attention: Grant Eklund, Public Works Director -City Engineer
100 Civil Center Mall
Indio, California 92201
City of La Quinta
Attention: Tim Jonasson, Public Works Director -City Engineer
78-495 Calle Tampico
La Quinta, California 92253
12183.000111507323.3
D. This instrument, together with the exhibits attached hereto and other writings referenced
herein, contain the entire agreement between the parties relating to the subject matter hereof and
supersede any and all prior agreements between the parties, oral or written, and any and all
amendments thereto. Any oral representations or modifications concerning this instrument shall
be of no force and effect, excepting a subsequent modification in writing, signed by the parties to
be charged.
E. 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.
F. If any provision of this Agreement shall be ruled invalid, illegal or unenforceable, the
parties shall: (i) 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 (ii) negotiate such changes in, substitutions for or additions to the remaining
provisions of this Agreement as may be necessary in addition to and in conjunction with
subsection (i) 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.
G. 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.
H. 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.
L Subject to the obligations of Cities set forth herein, upon accepting title to the Project
improvements (as applicable), District or the District as agent for USBR (as applicable) shall
assume all rights and obligations of ownership including, without limitation, the operation of the
system and the liability related thereto at no further cost to Cities.
J. 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.
K. Time is of the essence of this Agreement and each and every term and provision thereof.
L. This Agreement shall be construed as if prepared by all of the parties hereto.
Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision
that would require interpretation of any ambiguities in this Agreement against the party that has
drafted it is not applicable and is waived.
10
12183.0001 / 150 73 23.3
M. No delay on the part of any party hereto in exercising any right, power or privilege
hereunder shall operate as a waiver thereof, nor 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.
N. 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.
O. Cities shall maintain and make available for inspection by District during regular office
hours, accurate records pertaining to the design, construction and installation of the Project
improvements to be constructed by Cities.
P. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute but one instrument.
Q. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year hereinabove written.
DISTRICT:
COACHI I.A.A VALLEY WATER
DISTRICT,
a public agency of the State of California
By ./ p/•1¢��
J arrett
Its Acting General Manager
12183.0001/I507323.3
Ari'EST:
4(rlllA -ILI PNANDEZ
City Clerl<
APPROVED AS TO I"ORM:
ROXANN M. DIAZ
City Attorney
CITY OF INDIO,
a California municipal corporation
DAN MARTINEZ
City Manager
rea
12133.0001/1 907323.3
ATTEST:
.5�
Susan Maysels, Ci y Clerk
Ii
121831100111507323.3
CITY OF LA QUIIITA,
a California municipal cor oration
_ _ .. ----
Frank J. S evac k, City Manager
City of L ,California
/ m 4
EXHIBIT LIST
EXHIBIT "A" LOCATION MAP
EXHIBIT "B" DEPICTION CITY RIGHT-OF-WAY
PROPERTY
EXHIBIT "C" DESCRIPTION OF PROJECT
EXHIBIT "D" DESCRIPTION/DEPICTION OF
FACILITIES AND DESCRIPTION OF
ABANDONED FACILITIES
EXHIBIT "E" INSURANCE
EXHIBIT "F" INDEMNITY
APPENDIX A SCHEDULE
EXHIBIT "A"
LOCATION MAP
EXHIBIT "A"
LOCATION MAP
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VISTA BONITA TR.
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POLO ESTATES CT.
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TOWNSHIP 5 SOUTH
RANGE 7 EAST
AVENUE 50
SECTION LINE
TOWNSHIP 6 SOUTH
RANGE 7 EAST
goer @IF MD(D
-AVENUE 51
1/4 SECTION LINE
SECTION LINE
AVENUE 52
TOWNSHIP 6 SOUTH, RANGE 7 EAST g TO
EXHIBIT `B"
DEPICTION CITY RIGHT-OF-WAY PROPERTY
EXHIBIT "B"
DEPICTION CITY RIGHT—OF—WAY PROPERTY
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1/16 SECTION LINE
CVWD LAT. 118.9
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1/4 SECTION LINE
AVENUE 51
CVWD LAT. 119.2
CVWD LAT. 119.2A/119.6
1/16 SECTION LINE
EXHIBIT "C
DESCRIPTION OF PROJECT
EXHIBIT "C"
DESCRIPTION/DEPICTION OF FACILITIES
AND
DESCRIPTION OF ABANDONED FACILITIES
L IX. CVWD 14' RCP IRRIG. LINE
_-EX..R/W
LAT. 119.2A/119.6 .. _ .
PROPOSED 12" C900 3__PVC _ 3 �_ IX. 14' RCP IRRIG. LINED — f TO "BE REMOVE
SECTION.LNE ?', m
_. _. 6' IRRIGATION EASEMENT -N
M. R/W REC. 3/19/71, INSTR #27715, O.R.
..REC. 10/4/73, INSTR. #129822, U.
IX. R/W..
R/W FOR DITCHES AND CANALS VISTA BONITA TR.
REC.. 1/9/56, BK. 1844, PG 2, O.R. -
IX. COD 45' RCP IRRIG. LINE - - - -
IX. R/W�
EAT. 119.2
_.. 45 46 REMOVED
IRRIG. LINE47
TO
TO BEE REMOVED
PROPOSED 42".C905 PVC
/y i
IX. FENCE- i... SECTION UNE
IX., R/W �—
AVENUE 51
12' IRRIGATION EASEMENT
INSTR. #1981-79557, O.R.
INSTR. #1984-243048, O.R.
IX. CVWD 18" ACP IRRIG. LINE) INSTR. #1996-105939, O.R.
-EX. R/W
PROPOSED 18" 0905 PVC "
SECTION LINE
T. 11B.9
_. 58 _.N b 59 60
0
iv o
.. Z,-IX R/W I / IX. R�W
IX.48 ACP,IRRIG:-LINES '- 12' IRRIGATION EASEMENT
TO BE REMOVED PER. M.B. 112/67-69
EXHIBIT "D"
DESCRIPTION/DEPICTION OF FACILITIES
mm
DESCRIPTION OF ABANDONED FACILITIES
EXHIBIT "D"
COST ESTIMATE
IRRIGATION LATERAL
IDENTIFICATION
DESCRIPTION OF WORK
EST. CITY.
UNITS
UNIT COST
AMOUNT
REMOVE EXISTING RCP IRRIGATION LINE AND
LAT. 119.2A/119.6
INSTALL 12" C900 PVC IRRIGATION LINE WITH
80
LF
$ 140.00
$ 11,200.00
RESTRAINED JOINTS COMPLETE IN PLACE
REMOVE EXISTING ACT IRRIGATION LINE AND
LAT. 118.9
INSTALL 18" C905 PVC IRRIGATION LINE WITH
100
LF
$ 300.00
$ 30,000.00
RESTRAINED JOINTS COMPLETE IN PLACE
REMOVE EXISTING RCP IRRIGATION LINE AND
LAT. 119.2
INSTALL 42" C905 PVC IRRIGATION LINE WITH
80
LF
$ 1,200.00
$ 96,000.00
RESTRAINED JOINTS COMPLETE IN PLACE
TOTAL
$ 137,200.00
EXHIBIT ` E"
INSURANCE
EXHIBIT "E"
INSURANCE REQUIREMENTS
1. Cities or Cities' Contractor shall carry and maintain, at Cities or Cities'
Contractor's sole cost and expense, until all of the improvements and/or facilities have
been installed or completed, not less than the following coverage and limits of insurance
which shall be maintained with insurers and under forms of policies satisfactory to
District:
(a) Workers Compensation and Employee's Liability:
(i) State Worker's Compensation — coverage as required by law.
(ii) Employer's Liability with limits of at least $1,000,000 per
occurrence.
(b) Automobile Liability for Bodily and Property Damage-$1,000,000 per
person, $2,000,000 per occurrence.
(c) Commercial General Liability for Bodily and Property Damage-
$1,000,000 per person, $2,000,000 per occurrence.
The foregoing policies shall include, without limitation, owned, nonowned and hired
(vehicle) liability, contractual liability, personal injury, blanket commercial, broad form
property damage and product/completed operation liability coverage. These policies may
contain an aggregate limit not less than the occurrence limit. The required limits may be
satisfied by a combination of a primary policy and an excess or umbrella policy.
2. All insurance required pursuant to the express provisions of this Agreement shall:
(a) Provide that coverage shall not be revised, cancelled or reduced until at
least thirty (30) days written notice of such cancellation, revision or reduction
shall have been given to District. In the event any policies or insurance are
revised, cancelled or reduced, Cities or Cities' Contractor shall, prior to the
revision, cancellation or reduction date, submit evidence of new insurance to
District complying with this Section.
(b) Be issued by insurance companies, which are qualified to do business in
the State of California and which have a rating satisfactory to District and by such
rating service as shall be reasonably acceptable to District.
(c) Be reasonably satisfactory to District in all other reasonable respects
3. The policies required pursuant to this Agreement or a certificate of the policies,
together with evidence of payment of premiums, shall be provided to District prior to the
commencement of construction of any improvement hereunder.
4. The insurance to be maintained by Cities or Cities' Contractor pursuant to this
Agreement above shall:
(a) Name District, its officers, employees and agents as additional insureds;
(b) Apply severally to Cities and District, their officers, employees and
agents;
(c) Cover Cities and District as insureds in the same manner as if separate
policies had been issued to each of them.
(d) Contain no provisions affecting the rights, which either of them would
have as claimants if not so named as insureds;
(e) Be primary insurance with any other valid and collectible insurance
available to the aforesaid additional insureds constituting excess insurance, and
each policy shall be endorsed substantially as follows:
"The insurance afforded by this policy to District shall be
primary insurance and other valid and collectible insurance
available to District shall be excess insurance and, under no
circumstances, shall be considered contributory."
(f) Have a deductible or deductibles, which are no greater than normally
maintained for similar projects in the State of California and shall contain a
waiver of subrogation and endorsement in favor of the District.
EXHIBIT "E"
INDEMNITY
EXHIBIT "F"
INDEMNITY
Cities shall assume the defense of, indemnify and hold harmless District
and its officers, directors, administrators, representatives, consultants, engineers,
employees and agents, and their respective successors and assigns (collectively,
"District Indemnitees") and each and every one of them, from and against all
actions, causes of action, damages, demands, liabilities, costs (including, but not
limited to reasonable attorneys' fees), claims, losses and expenses of every type
and description (collectively, "Costs") to which they may be subjected or put, by
reason of, or resulting from: (A) this Agreement: (B) the design, engineering and
construction of the Project improvements; (C) the removal and abandonment of
the applicable portions of the Irrigation System; (D) the performance of or failure
to perform, the work covered by this Agreement which is caused or occasioned by
any act or neglect on the part of Cities or their Representatives (as defined
below); (E) any death, injury, property damage, accident or casualty caused or
claimed to be caused by Cities or Cities' Contractor or their Representatives
related to the performance of their obligations under this Agreement or its or their
property covered by this Agreement; (F) any breach by Cities of their obligations
under this Agreement; and (G) any enforcement by District of any provision of
this Agreement. The foregoing indemnity shall not apply to the extent any such
Costs are ultimately established by a court of competent jurisdiction to have been
caused by the gross negligence or willful misconduct of the District Indemnitees
or any of them. District shall make all decisions with respect to its representation
in any legal proceeding concerning this Section. If Cities fail to do so, District
shall have the right, but not the obligation, to defend the same and charge all of
the direct or incidental costs of such defense, including fees and costs, to Cities
and to recover the same from Cities. The term "Representatives" shall mean
employees, representatives, agents, contractors, subcontractors or any other
persons directly or indirectly employed by any of the foregoing or reasonably
under the control of any of the foregoing or for whose acts any of the foregoing
may be liable. No provision of this Agreement shall in any way limit the extent
of the responsibility of Cities for payment of damages resulting from its
operations or the operations of any of its Representatives. Cities further
covenants and agrees to pay, or reimburse the District Indemnitees, or any of
them for any and all Costs in connection with the investigating, defending against
or otherwise in connection with Cities' obligations pursuant to this Agreement,
except liability arising through the gross negligence or willful misconduct of
District Indemnitees, or any of them. District shall have the right, at Cities'
expense, to commence, to appear in, or to defend any action or proceeding arising
out of or in connection with this Agreement, and in connection therewith, may
pay all necessary expenses if Cities fail upon reasonable notice to so commence,
appear in or defend any action or proceeding with counsel reasonably acceptable
12183.0001/15073233
to District. Cities shall be furnished with copies of bills relating to the forgoing
upon request.
12183.0001/1507323.3
APPENDIX A
SCHEDULE
12183.0001/1507323.3
STATE OF CALIFORNIA
ss
COUNTY OF
On before me,
Notary Public, personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:_ (Seal)
STATE OF CALIFORNIA
ss
COUNTY OF
On _ before me,
Notary Public, personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
12183.0001/1507323.3
California MUTCD 2012 Ldition
(PH WA's MU'1'Ci) 2009 Edition, as amended 1'or use in Calirornia)
Figure 61-1-6. Shoulder Work with Minor Encroachment (TA-6)
Im
Ira
__. _ `
(optional)
Chapter 611-Typical Applications
Part 6-Temporary'ri-aic Control
I
I
i
Typical Application 6
l�Jt4I1y
(optional)
Note: See Tables 6H-2 and
61-1-3 for the meaning
of the symbols andlor
letter codes used in
this figure.
vehicle
Truck -mounted
altenuator
(optional)
i Buffer space
(optional)
L
Page 1150
January 13, 2012