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CVWD - Parallel Canal in SilverRock 13CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT ("Agreement") is made on this � day of _ Nomn6er2013 ("Effective Date"), by and between COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("CVWD") and CITY OF LA QUINTA, a California municipal corporation and charter city ("City"). CVWD and City are sometimes referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. On or about December 21, 1928 the Congress of the United States of America ("United States") approved the "Boulder Canyon Project Act" (45 Stat. 1057). Pursuant to the Boulder Canyon Project Act, the United States constructed the All -American Canal and its Coachella Branch ("Coachella Canal'). The Coachella Canal is generally that portion of the All - American Canal from Drop 1 to Lake Cahuilla. The purpose of the Coachella Canal is to convey water for urban, agricultural, and groundwater recharge purposes. B. The United States, by and through the Bureau of Reclamation ("USBR" ), holds title to the Coachella Canal and CVWD operates and maintains the Coachella Canal pursuant to Contract No. Ilr-781 with the United States dated October 15, 1934, as amended and supplemented. C. Ground subsidence has occurred throughout the Coachella Valley at least since the original construction of the Coachella Canal. The Coachella Canal has subsided generally uniformly with the land except a portion thereof between Mile Post ("MP") 120.3 and the check drop structure at MP 121.8, which portion is more particularly depicted on Exhibit "A" attached' hereto and by this reference incorporated herein ("Non -Subsided Portion of the Coachella Canal"). The Non -Subsided Portion of the Coachella Canal is generally located west of Jefferson Street and extends to a point south of Avenue 54 adjacent to PGA West in the City of La Quinta. D. The Non -Subsided Portion of the Coachella Canal results in a hydraulic condition! whereby the original flow capacity has been substantially reduced. In order to increase the flow capacity within the Non -Subsided Portion of the Coachella Canal, CVWD has determined that a physical solution must occur, including, but not limited to, the possibility of replacing and/or relocating all or a portion of the Non -Subsided Portion of the Coachella Canal. E. CVWD retained the services of GEI Consultants, Inc. ("GEl'), to evaluate the subsidence of the Coachella Canal generally, and the non -subsidence within the Non -Subsided Portion of the Coachella Canal and to perform preliminary engineering for four (4) water conveyance system ("Water Conveyance System") alignment options and six (6) design/construction options for each alignment. On or about April, 2009 GEI submitted to CVWD its report entitled, "Evaluation of Subsidence and Canal Replacement Options" ("Report"). A copy of the Report is on file in the offices of both City and CVWD. r&s redline #711.05.13 F. The Water Conveyance System alignment options identified in the Report require the installation of new concrete -lined canal and/or new pipelines, and the demolition and removal of certain existing concrete -lined canal, pipelines and facilities. G. The Parties previously selected two (2) Water Conveyance System options identified in the Report as the most viable (each, a "Design Alternative") for father design. The options selected for further design and costs analysis are generally described as the "Parallel Canal" and the "Jefferson Street Alignment." Those two options are referred to hereinafter as the "Project Alternatives" and are described further in Exhibit `B" attached hereto and by this reference incorporated herein. H. On or about March 13, 2012, the Parties executed an agreement ("Prior Agreement"). The Prior Agreement provided for (i) CV WD's retention of an engineering firm to complete the design plans and engineering cost estimates for the Project Alternatives; (H) CVWD's retention of a construction management firm to prepare a second opinion regarding the construction costs for the Project Alternatives, (iii) preliminary California Environmental Quality Act ("CEQA") and National Environmental Protection Act ("NEPA") compliance studies and (iv) the Parties' respective payment obligations for the costs set forth in the foregoing clauses (i) through (iii). The Prior Agreement further provided a period of time for the Parties to determine if they jointly wished to pursue the construction of the Jefferson Street Alignment alternative. I. On or about January 31, 2013, the Parties executed that certain amendment to the Prior Agreement ("Amendment"). The Amendment provides, in part, that the period of time to determine if the Parties jointly desire to pursue the construction of the Jefferson Street Alignment alternative shall expire on June 1, 2013. J. On May 21, 2013, the City Council of City decided not to pursue the Jefferson Street Alignment and therefore, C V WD will proceed with construction of the Parallel Canal. K. Existing CVWD/USBR right-of-way, including fee ownership and/or easements, for the construction, operation and maintenance of the Coachella Canal, shall be referred to herein as "Existing Coachella Canal ROW." The Existing Coachella Canal ROW is further depicted in Exhibit "D" attached hereto and by this reference incorporated herein. L. New permanent CVWD/USBR right-of-way to be obtained from the City, including fee ownership and/or easements, for the installation, operation and maintenance of the Coachella Canal (Parallel Canal), shall be referred to herein as "New Permanent Coachella Canal ROW". The New Permanent Coachella Canal ROW is further described and depicted in Exhibit "E" attached hereto and by this reference incorporated herein. M. Temporary CVWD/USBR right-of-way to be obtained from the City in the form of a temporary easement(s), for the construction of the Coachella Canal (Parallel Canal), shall be referred to herein as "Temporary Construction Easement(s)". The Temporary Construction Easement(s) are further described and depicted in Exhibit "F" attached hereto and by this reference incorporated herein. N. On or about June 24, 2004, the USBR executed a letter of consent to City ("Letter of Consent") to use a portion of the Existing Coachella Canal ROW for the construction, 2 operation and maintenance of certain golf course improvements ("Golf Course Improvements"). The Golf Course Improvements are operated by City as a portion of the City's golf course commonly known as the "Palmer Golf Course at SilverRock." The Letter of Consent set forth certain conditions for the use of a portion of the Coachella Canal for the Golf Course Improvements, including, without limitation, the condition that City is solely responsible to restore the Golf Course Improvements as a result of the operation, maintenance and repair of the Coachella Canal. The Letter of Consent is further described and depicted in Exhibit "G" attached hereto and by this reference incorporated herein. O. The Parties now wish to provide for the Parties' respective responsibilities and cost obligations arising out of the construction of the Parallel Canal on the terns and conditions set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, AND FOR OTHER VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS: 1. All of the Recitals are hereby incorporated herein by this reference to the same extent as.though herein again set forth in full. 2. CVWD shall construct the Parallel Canal alternative as generally described on Exhibit "B" attached hereto, within the Existing Coachella Canal ROW, the New Permanent Coachella Canal ROW and the Temporary Construction Easement. 3. (a) Attached hereto as Exhibit "C" and by this reference incorporated herein is the Schedule for, amongst other things, the following: (a) completion of the Design Plan (as defined in the Prior Agreement) for the Parallel Canal Alternative to 100% Completion (as defined in the Prior Agreement) in accordance with the Prior Agreement; (b) advertising and obtaining bids for the construction of the Project (as that term is defined herein); (c) awarding of a bid to the successful bidder ("Contractor"); and (d) completion of the work by the Contractor. Except as otherwise provided herein, CVWD shall be responsible for construction of the Parallel Canal alternative. (b) City shall be responsible, at its sole cost and expense, for all impacts to the Golf Course Improvements, including removing, restoring, repairing and reconstructing the same. The schedule may include time periods in which City must remove directly and indirectly conflicting Golf Course Improvements within the Existing Coachella Canal ROW so that Contractor may construct the Project, or CVWD may issue a notice to City to remove directly and indirectly conflicting Golf Course Improvements so that the Contractor may construct the Project. City covenants and agrees to remove or cause to be removed, the conflicting Golf Course Improvements within the Existing Coachella Canal ROW in accordance with the schedule or time periods set forth in the notice. 3 4. Pursuant to the Prior Agreement, CVWD agreed to act, and shall continue under this Agreement to act, as lead agency with respect to Environmental Compliance (as defined in the Prior Agreement) with respect to the Parallel Canal alternative including the removal, replacement, repair or construction of the Golf Course Improvements. CVWD shall continue to prepare, or cause to be prepared, and/or finalize or cause to be finalized all instruments, documents, reports and other like or kind writings required to be prepared and/or filed by CEQA and NEPA. City hereby agrees to cooperate with CVWD, at City's sole cost and expense, in a timely manner with respect to CVWD's Environmental Compliance and the preparation of any documents or instruments required thereby. CVWD shall be responsible for all costs and expenses of Environmental Compliance, except those costs for the preliminary Environmental Compliance, which were covered in the Prior Agreement. City shall remit City's share of the preliminary Environmental Compliance costs to CVWD pursuant to the terms thereof. 5. (a) Prior to the construction of the Parallel Canal alternative (sometimes referred to in this Agreement as "Project"), CVWD shall use commercially reasonable efforts to obtain any necessary fee title to real property and/or easements on real property needed for the Project, which are owned by persons or entities other than the City, CVWD or USBR. (b) Prior to the construction of the Project, the City shall provide at no cost to CVWD the New Permanent Coachella Canal ROW and the Temporary Construction Easement. The term of the Temporary Construction Easement shall commence on April 7, 2014 and end on September 1, 2014 ("Completion Date"). As set forth above, the Project shall be completed by the Contractor. CVWD shall place a liquidated damages clause in the agreement with the Contractor which will provide compensation ("City's Damages") to the City in the event the Completion Date requires extension. The amount of the City's Damages shall be determined by City and CVWD as part of the request for proposals for a contractor for the Project. (c) Except as provided herein, the acquisition cost of the fee interests and/or easements shall be a cost of the Project. The grant deeds and/or easement documents shall be reasonably satisfactory to CVWD and USBR as to content, form, location and width, which assure USBR's right to own and CVWD's right to construct, operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the real property. City may provide CVWD with quitclaim deeds instead of grant deeds to satisfy its obligations under Section 5, provided that CVWD is able to obtain title insurance from a title company in such form and content as shall be acceptable to CVWD. Fee title and/or easements granted to CVWD for the Project may ultimately be transferred by CVWD to USBR. 6. After the completed Design Plans have been approved by USBR, Environmental Compliance satisfied and ROW obtained, CVWD shall cause construction of the Project at its sole cost and expense, except with regard to the Golf Course Improvements, replacement and repair, which expense shall be borne solely by the City. CVWD may construct all or a portion of the Project with its own forces as an expense of the Project. In lieu thereof, CVWD may advertise and obtain bids for the construction of the Project or the discrete components thereof in accordance to federal, state and local laws applicable to CVWD, including the California Labor Code, Government Code and Public Contract Code. CVWD shall negotiate and enter into all contracts and agreements with the Contractor with respect to the construction of the Project. 0 7. (a) City shall, at City's sole cost and expense, remove, replace, repair and reconstruct the Golf Course Improvements within the Coachella Canal ROW in accordance with USBR requirements. City shall satisfy the requirements of the USBR at City's sole cost and expense. In the event a requirement of the USBR conflicts with the term of this Agreement with respect to the removal, repair, replacement or reconstruction of the Golf Course Improvements within the Existing Coachella Canal ROW, the requirements of the USBR shall prevail. (b) City shall employ, at City's sole cost and expense, a qualified professional engineering firm ("City Engineer") to plan, design and prepare detailed construction plans and specifications for the removal, repair, replacement and reconstruction of the Golf Course Improvements within the Existing Coachella Canal ROW in full and complete accordance with CVWD's design criteria and standards. The City Engineer shall complete the design and detailed construction plans and specifications and the same shall be submitted to CVWD. CVWD shall approve or disapprove the construction plans and specifications within a reasonable amount of time after submittal to CVWD. In the event CVWD disapproves the plans and specifications, City shall modify the plans and specifications in accordance with the reasons given for disapproval and shall within thirty (30) days after receipt of notice of disapproval by CVWD submit the revised construction plans and specifications to CVWD for approval or disapproval. The foregoing procedure shall be continued until the construction plans and specifications have been approved by the District. (c) Upon the approval by the USBR of the City's application referred to in subsection (a) above (if required), approval of the plans pursuant to subsection (b) above (if required) and in accordance with the scheduled attached hereto as Exhibit "C" or the notice set forth in Section 3, City shall employ a contractor or contractors in accordance with federal, state and local laws applicable to City, to remove, repair, replace and reconstruct the Golf Course Improvements within the Existing Coachella Canal ROW. Prior to entry on the Existing Coachella Canal ROW to remove, repair, replace or reconstruct the Golf Course Improvements, City shall apply with its contractor(s), for an encroachment permit from CVWD to remove, repair, replace and reconstruct the Golf Course Improvements. Nothing contained in this Agreement shall relieve City or its contractor(s) from complying with the foregoing obligation. The cost of removing, repairing, replacing and reconstructing,the Golf Course Improvements, or any cost and expense arising out of the foregoing, shall be paid at the sole cost and expense of the City. CVWD or its contractors shall obtain an encroachment permit from the City before entering onto the property owned by the City, including the property within the Temporary Construction Easement, to carry out the construction activities authorized by this Agreement. 8. (a) All notices, invoices and payments (collectively, "Notices") provided for hereunder shall be in writing and (i) mailed (registered or certified, postage prepaid, return receipt requested), (ii) delivered by reputable overnight or same day courier service that provides a receipt with the date and time of delivery, or (iii) hand delivered to the Parties at the addresses set forth below or at such other addresses as shall be designated by such Party and by 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 overnight or same day courier service, be deemed received upon delivery and, if mailed, be deemed received three (3) business days after such mailing. 5 To City: Notices Delivered by U.S. Mail: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: City Manager Notices Delivered Personallv or by Courier: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson, Esq. To CVWD: Coachella Valley Water District 85-995 Avenue 52 Post Office Box 1058 Coachella, CA 92236 Attn: Jim Barrett, General Manager copy to: Redwine and Sherrill 1950 Market Street Riverside, CA 92501 Attn: Gerald D. Shoaf, Esq. (b) This instrument, together with the exhibits attached hereto and other writings referenced herein, contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements between the Parties, oral or written, and any and all amendments thereto, with the exception of the Prior Agreement which shall be binding on the Parties. 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. (c) In the event of any litigation or other action between the Parties arising out of or relating to this Agreement or the breach thereof, each Party shall pay its own attorneys' fees. (d) 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 clause (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. (e) 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. (f) 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 internal laws of the State of California and applicable federal law. In case of a conflict between federal law and California law, federal law shall control. (g) 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. (h) Time is of the essence of this Agreement and each and every term and provision thereof. (i) (i) CVWD represents and warrants to City that: (A) CVWD has all requisite right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement; (B) any persons executing this Agreement on behalf of CVWD are authorized to do so; (C) the execution of this Agreement by CVWD does not violate any provision of any other agreement to which CVWD is a party; and (D) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by CVWD are necessary in connection with the execution of this Agreement by CVWD or with the performance by CVWD of its obligations hereunder. (ii) City represents and warrants to CVWD that: (A) City has all requisite right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement; (B) any persons executing this Agreement on behalf of City are authorized to do so; (C) the execution of this Agreement by City does not violate any provision of any other agreement to which City is a party; and (D) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by City are necessary in connection with the execution of this Agreement by City or with the performance by.City of its obligations hereunder. 0) Neither CVWD nor City 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 Parties. 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. (k) 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 (except the USBR) and the Parties expressly disclaim such third party benefit. (1) A delay on the part of any Party hereto in exercising any right, power or privilege hereunder shall not 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. (m) Subject to the provisions of this Agreement, CVWD shall own all works constructed pursuant to this Agreement, except the Golf Course Improvements. Title to the Coachella Canal and its appurtenant works remain with the USBR. Nothing herein shall be construed or interpreted to give City any right or ownership with respect to the Coachella Canal or the Project. City covenants and agrees not to assert any interest or control over the Coachella Canal or the Project or the operation thereof. (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) This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. (p) Any payment not paid when due shall bear simple interest at the maximum legal rate allowed under California law from the due date until paid in full. (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. (r) Unless otherwise specified, all references hereunder to "days" shall mean calendar days. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year hereinabove written. Date: —AAL�, 2013 APPROVED AS TO FORM REDWINE AND SHERRILL By_ Gerald D. Shoaf Date:1 , 2013 ATTEST: L Susan Maysels City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP By: MGNED IN COUNTERPART M. Katherine Jenson, City Attorney "CVWD" COACHELLA VALLEY WATER DISTRICT, a public agency of the'State of Calif By: Its: "City" CITY OF LA QUINTA, a California 0 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year hereinaliove written. Date: AN, 13 2013 APPROVED AS TO FORM .,LDV'INE ArjD SHERRILLt Gerald D. 2013 ATTEST: SMEO IN COUNIERPAFEr Susan Maysels City Clerk APPROVED AS TO ;rLP RUTAN CI - Katherine Jens City Attorney 0 "CV WD" COACHELLA VALLEY WATER DISTRICT, a public agency of the State of Calif %� By: lts: "Cit,$ CITY OF LA QUINTA, a California municipal corporation and charter city By: SUMM IN COUNTERPART City Manager EXHIBIT LIST EXHIBIT "A" NON -SUBSIDED PORTION OF THE COACHELLA CANAL EXHHiIT "B" PROJECT ALTERNATIVES EXHIBIT "C" SCHEDULE EXHIBIT "D" EXISTING COACHELLA CANAL ROW EXHIBIT "E" NEW PERMANENT COACHELLA CANAL ROW EXHIBIT "F" TEMPORARY CONSTRUCTION EASEMENT(S) EXHIBIT "G" LETTER OF CONSENT 10 EXHIBIT "A" TO CONSTRUCTION AGREEMENT NON -SUBSIDED PORTION OF THE COACHELLA CANAL 11 COACHELLA CANAL NONS gIDWCAM L EXHIBIT A k 9- A: i : . . :, a 12 EXHIBIT "B" TO CONSTRUCTION AGREEMENT PROJECT ALTERNATIVES 13 DESCRIPTION OF THE TWO DESIGN ALTERNATIVES Description of the proposed future construction project The proposed future construction project is intended to correct major flow deficiencies associated with the existing Coachella Canal starting at Mile Post 120.3 and extending south through the PGA West Residential development. The loss of capacity within the existing open canal is the result of differential settlement between the section of the canal on the desert floor and the section of the canal that comes into close proximity with the Santa Rosa Mountains south of Avenue 53 and west of Jefferson Street (the "Non -Subsided Portion"). Due to the grade differences between its subsided portion and Non -Subsided Portion the canal has lost over 5001a of the original capacity that it was designed to convey. As a result of work by the CV WD and Agency Staff, two design alternates will be evaluated as a part of this Agreement to correct the flow capacity issues and are described as follows. The proposed underground piping option (i.e., Jefferson Street Alignment) generally follows Jefferson Street along the western parkway, starting at the intersection with the Coachella Canal and proceeding south to the intersection of Avenue 54. North of Avenue 54, the proposed circular pipe, with the final diameter to be determined through the preliminary design effort described within the agreement, will bend to the west along the north side of Avenue 54. East of the existing canal, the proposed pipeline will curve southward and connect to the existing canal at a newly constructed drop structure located at Mile Post 121.8. This option will require the relocation of the existing L-4 Pump station, which is currently located 0.5 mile west of Jefferson Street, to a location closer to Jefferson Street, which will also be the location of an inlet structure for the open canal to closed conduit system conversion. In addition to the above mentioned construction, this option will require the relocation and reconnection of four active irrigation laterals and reconstruction of the drop structure at the lower end to facilitate the lowering of the conveyance system with a new lower outlet elevation. The existing canal section would be abandoned, and removed to the extent necessary, and the surrounding area would be re-established to conform to the existing condition. The second option (i.e., Parallel Canal) would reconstruct an open canal, parallel and west of the existing canal within the current canal easement right of way. The flow line of the proposed canal would be lowered to compensate for the subsidence to the east and north of the Non -Subsided section as described above. In addition, the capacity of the proposed canal would be designed to convey a flow 25% greater than the original design capacity to account for any future subsidence. To obtain the additional capacity as described above, the overall depth of the canal would be increased from the current design of 8.25'. This parallel canal would start approximately a quarter mile south of the L4 Pump Station and reconnect to the existing canal section at the drop structure at Miles Post 121.8. This new canal section would require reconnection of one irrigation lateral to the proposed canal section, reconstruction of the drop structure to facilitate the lowering of the outlet elevation, removal and backfill of the concrete canal section and re-establishment of the surrounding area to the existing condition. 14 EXHIBIT "C" TO CONSTRUCTION AGREEMENT SCHEDULE 15 LONLI I hEIIN PROJECT SCHEDULE July 23, 2013 City receives bids on irrigation relocation project (Complete) August 6, 2013 City awards irrigation relocation project (Complete) September 15, 2013 Biological Study is complete (Complete) September 30, 2013 City's irrigation relocation project is complete (Complete) October 16, 2013 CVWD submittal of Bio Report to CDFW (Complete) October 31, 2013 Cultural Resources Reports are complete (Complete) November 1, 2013 Cultural Resources Reports submitted to USBR (Complete); November 5, 2013 Parallel Canal Plans are complete, USBR submittal of Bio Report and 95% Design plans to USFWS (Complete) December 15, 2013 Secure State Historic Preservation Office (SHPO) approval of Cultural Resources findings, CVWD-CDFW Bio coordination completed, USBR-USFWS Bio coordination completed, Draft NEPA EA submitted to USBR for processing/approval December 16-20, 2013 Draft CEQA MND to CVWD EAC, CVWD distributes CEQA MND for 30-day comment period, USBR begins NEPA EA 30- day review period January 20, 2014 CEQA MND 30-Day comment period is complete, USBR NEPA EA 30-day review complete January 28, 2014 CEQA MND goes to Board for approval to complete CEQA, NEPA EA approved by USBR (Finding of No Significant Impact signed to complete NEPA) January 29, 2014 CVWD advertises project and solicits bids February 28, 2014 CVWD receives construction bids March 25, 2014 CVWD awards construction contract April 7, 2014 CVWD provides Notice to Proceed to contractor May 1, 2014 Construction of canal relocation begins September 1, 2014 Construction of canal relocation is complete * Contractor is permitted to begin work on haul roads, construction staging area, and material storage area (temporary construction zones) 16 EXHHHT"D" TO CONSTRUCTION AGREEMENT EXISTING COACHELLA CANAL ROW 17 7 I0 z EXHIBIT "D" EXISTING COACHELLA CANAL ROW I USBR PARCEL C-339-A-RI SEE SHEET 3 I I USBR PARCEL _ C-339-B-RI SEE SHEET 4 MID -SECTION LINE USBR PARCEL �I C-339-R1 I SEE SHEET 5 I USBR PARCEL C-340 SEE SHEET 6 {17 SHEET � OF 7� AVENUE NON DESIGNATED USBR PARCEL SEE SHEET 2 1 154TH 4 17 116 Iz 0 10 W USCR340ACEL jo SEE SHEET 7 COACHELLA VALLEY WATER DISTRICT COACHELLA, CALIFORNIA SECTIONS 8 AND 17, T.M. R.7E., S.B.M. 18 f Fr9F'ERT -Al ?v 4 ' F Ee r'ialy �, r6 s, R 7,e, s al. !JA9.., 33 i d 13 n. po .Ym • i r iil O q of r , ^. c n Ste��500'� .Aneb ✓ ert7�d ;;' M liya . u�vc>Eo �.�,rrtres y 4'ri'. �/i4JKlh f Oi° NE sti'r'S/}'loz '. "� f.[.. Hf aU :Tf"REG4AMAT/<?pT ." 1 '- B�JL.OANYtJ'N +.Fk`L% tECr ..,a[L C.41Y'dN CAilL55L .SY.�T��'7-i'Af./! 1-4 I 'q lr 4.1 19 20 PROPERTY OF .BEN✓AM%NE A. OARS Xortlmoaji c omAr I WJ SWf ,vZj 1tLY MAP secrso#t a • r-,S O.OI�24rW /30.00 89.54'51K/Y 'awoueane-3/3.76 0 id "055'08w' 236.48 T- 236. /5 i L 37/./3 TRACT A' ` .5.23 Acres. O o Z � O h . S 89'5810/K/Y ,-,�w,Con&r ae Seetion B. 25Awvss Area r•sgovlfvo far MigOl of WqV.. RJGNT Of WAY PARCEL C-339.-B•R*J al ;FA.ao_LSQsy_ RL�CMMfA'i lG wr/rCK=D.Pid:J^JAPih ;Y£0.�'[r_ ww _ 22 23 24 EXHIBIT "E" TO CONSTRUCTION AGREEMENT NEW PERMANENT COACHELLA CANAL ROW 25 EXHIBIT E OF THE CONSTRUCTION AGREEMENT BETWEEN CVWD AND THE CITY OF LA QUINTA SILVERROCK CANAL WATER CONVEYANCE SYSTEM NORTH I/4CORNER 52NO AVENUE EXISTING COACHELLACANAL i RIGHT-OF-WAY) jh . ¢ t Z co � rc AODmONAL 20' LL RIGHT-OF-WAY W TO BE ADDED TO EXISTING EASEMENT'-' n - ---------------- -- - -;� W 2 I W I 0 I Z K U U SOUTH 114 CORNER ` 4TH AVENUE PERMANENT EASEMENT = 0.354 ACRES 26 EXHIBIT "F" TO CONSTRUCTION AGREEMENT TEMPORARY CONSTRUCTION EASEMENT(S) 27 W-Im DKTE IER 201 28 TEMPORARY Im �2 i� ',ram 28 EXHIBIT "G" TO CONSTRUCTION AGREEMENT LETTER OF CONSENT 29 . 0322.12 United States Department of the Interior �0655. BUREAU OF RECLAMATION Ymm Am ORke "„ N6A�� 64 DUPLICATE ■eewreesiu YAO-7120 ORIGINAL LND-6.00 Contract No. 04-07-34-L1379 Mr. Mark Weiss Assistant Executive Director La Quints Redevelopment Agency City of La Quinta P.O. Box 1504 La Quints, CA 92253 Subject: City of'La Quints (Consentee)- Letter of Consent (Letter) - Contract No. 04-07-34-L1379 - Installation, Maintenance, and Operation of Facilities for Silverrock Ranch Golf Resort - Boulder Canyon Project, All -American Canal System, -Coachella Division, California Dear Mr. Weiss: This is in reference to your Right -of -Use Application of March 10, 2004, requesting permission to use the Bureau of Reclamation's (Reclamation) right-of-way for the Coachella Canal (Canal) in conjunction with the Consentee's development of the Silverrock Ranch Golf Resort (Project). The proposed use will include grading and landscaping, boring under the Canal for utility crossings, and installing three golf course bridges across the Canal. The Project is located between Avenue 52 and Avenue 54 west of Jefferson Street in La Quint&, California, within portions of sec. 6, T. 6 S., R. 7 E.,, San Bernardino Meridian, and is shown on Exhibits A, B, and C which are enclosed and made a part of this Letter. Reclamation and Coachella Valley Water District (District) have no objections to the subject request, provided that the Consentee complies with the conditions hereinafter'stated: 1. The Consentee hereby agrees to hold harmless and indemnify the United States, its employees, agents, successors, or assigns from and against any claims, demands, costs, losses, causes of action, damages, or liability of whatsoever kind or nature arising out of or resulting from acts or negligenge of 06070E-1-006 060708-2-1= 060708-3—SEE 060708-4—MM 30 the Consentee, its officers, agents, or employees in.the utilization by the Consentee of the rights granted to it pursuant to this Consent. Additionally, except for acts of negligence, the Consentee releases the United States, its officers, employees, successors, and assigns from any and all liability for damage arising from injury to persons or damage to structures, equipment, improvements, or works of the Consentee resulting from the construction, operation, or maintenance of any of the works of the United States. Provided, however, that nothing contained in this clause shall be deemed to modify or limit any liability which may be imposed by the Federal Tort Claims Act, 28 USC, Section 2617 at seq.(1970). 2. .Consentee may not allow contamination or pollution of project lands, waters or project works of the United States and for which the Consentee has the responsibility for care, operation, and maintenance by its .employees or agents and shall take reasonable precautions to prevent such contamination or pollution by third parties. The Consentee shall comply with all applicable Federal, State, and local laws and regulations, and Reclamation policies and instructions, existing or hereafter enacted or promulgated, concerning any hazardous material that will be used, produced, transported stored, or disposed of on or in project lands, water or project works of the United States. Upon discovery of any event which may or does result in contamination or pollution of project lands, water, or project works of the United States, the Consentee shall initiate emergency measures to protect human health and safety, and the environmant if necessary and shall provide notice of such discovery with full details of the actions to Reclamation. In the case of any emergency involving the Canal, or the right-of-way, Consentee will immediately notify Reclamation's Yuma Area Office, Hazardous Materials Team Leader at telephone No. 928-343-8100. 3. Consentee will maintain and ensure a sanitary work site (clear of debris and physical hazards) within the subject right-of-way during the term of this Letter. 4. Reclamation and the District retain all rights previously reserved and the -authority to.enter upon the subject right-of-way and perform any improvements or repairs to the Canal. 5. The Consentee and/or its contractors are responsible for securing all required permits prior to commencement of all 31 3 authorized construction activities within the subject right-of-way. 6. The. Consentee will notify Reclamation at telephone No. 928-343-8100 and the District at telephone No. 760-398- 2651 at least five (5) working days prior to installation of the golf course bridges across the Canal to allow for the scheduling of an inspector or inspectors to be on site at the time of installation. 7. In the event that the Consentee is not the underlying owner of the proposed crossing, it shall be incumbent on the Consentee to secure permission of the underlying fee owner(s) for approval to enter upon, cross, or use Reclamation's right-of-way. S. After completion of work the Consentee shall furnish Reclamation 'and the District with "As Built' drawings. In addition, the Consentee will be, solely liable for any damages incurred to the subject Canal or related facilities resulting from the use of the right-of-way. In the case of any emergency involving the subject Canal, we request immediate notification to our office at telephone No. 928-343-8100 and to the District at telephone No. 760-398-2651. If this Letter is satisfactory, please execute the original and the two duplicate originals. Please return the original and the two duplicate originals to Reclamation along with a resolution authorizing the signature. If you have any further questions or concerns regarding this matter, please contact Ms. Peggy Haren at 928-343-8547. Enclosures Sincerely, CCC/11 C his Hoeft, Director Resource Management Office 32 .Concurs COACHELLA VALLEY WA R DISTRICT By: �Jjsk--� Steve Robbins Title: .x■t waver -Chief EeRJUNer Date: 6/9/04 LA QUINTA REDEVELOPMENT AGENCY CITY OF LA QUINTA By: Title: Itha-3Teterserl Date: 5-()-64 cc: Mr. Doug Franklin The Keith Companies 73-733 Fred Waring Drive, Suite 100 Palm Desert, CA 92260 (w/encls) 4 33 Redevelopment Agency MArutes 2 January 6, 2004 APPROVAL OF MINUTES MOTION - It was moved by Board Members Sniff/Adolph to approve the Redevelopment Agency Mieutea of December 16, 2003 as submitted. Motion carried unanimously with Board Member Perkins ABSENT. CONSENT CALENDAR 1. ' • APPROVAL OF DEMAND REGISTER DATED JANUARY S. 2004. 2. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MCKENNA ET AL. FOR ARCHAEOLOGICAL MONITORING SERVICES FOR SILVERROCK RANCH. 3. APPROVAL TO"AWARD A CONTRACT REGARDING THE SILVERROCK 'RANCH TREE RELOCATION PROGRAM PROJECT NO.2002.07A. ' MOTION - It was moved by Board Members Sniff/Adolph to approve the Consent Calendar so recommended. Motion carried unanimously with Board Member Perkins ABSENT. BUSINESS SESSION 1. SELECTION OF THE REDEVELOPMENT AGENCY CHAIRPERSON AND VICE CHAIRPERSON FOR THE CALENDAR YEAR 2604. There were no changes to the staff report as submitted end on file in the City Clerk's Office. Chairperson Henderson declared the Chair vacant and nominations were opened by Acting Chairman Sniff. Board Member Adolph nominated Board Member Henderson. MOTION - It was moved by Board Members Adolph/Osbome to dose nominations and elect Board Member Henderson as Chairperson for Calendar Year 2004. Motion carried unanimously with Board Member Perkins ABSENT. Nominations were opened for Vice Chair, and Board Member Sniff nominated Board Member Perkins. 34 „Q+ IN THE CITY OF LA QUINTA, STATE OF CAUFORNIA ,EXWAA SILVERROCK RESORT GOLF CART BRIDGE PLANS LOOM IN A POM M OI MC.MMM 6. Q • & T*V MfIW 6 $3WM Ron 7 tW.. "ag 35 tot s a� wrww ww Mwrr,rMw w���w� rLYawM MwIrMYLL�i9Y W ww�lw{wl�wwYrw1w 1.4 N�OF aq 'ww RYA'w7lCT�CKLS�rr. to Ewa �vRwr ••Lwr aw1M tY �IMr11�V L'y LrV� � Lr wwp�af tO®L�aLMIr��IrwwF �w rw• e frL w.� - w r w � Lw aw Lwr n�L Lr aw Lw Lwr tlllFlf TO ST mmp stun amoomw m germ s i�ar�a4 M =rLa M Ada ipEctctana�� wa w�LL r aLv.sw. � a.Lw RLw swest.s ��w wrr 36 0 r ��rrrr Z_ 37 x" nee 38 v wi+ww •w rwr ri r� rr•r.•ar� '^+ as rww �rw �a �a tvw �1 viw uwww wwwvwswwwa rw•r�. K rww/wt►�Fwa•.�Mwr•ww•.a� ww 39 rM oxI ,.. x Xn FMY Y. ilCua�.rm� _® T �* a�r TK00116tNCWV. �a�y�lO .®1�ir a �J: 40 b b tibhw� � TMY M� Fw b��ti♦hb`� ~ Ytitiw�rh blbYYl b�Yb�� ;� _ V•IAM� Ow��bMwirYA4 /mil= lb �l��II��IY�TIA� _r_._.w_._.or w 41 42 •��. Y a�Il rl� e rr wwwa.wr.. r r► wwwww•r LwOF. r�pw�fYar.w.. wwY Ya �rri�uai^��nwi.w•r w�: rnaw�w�..a w�. r. 43 M 7 M wMi. �y,.�y.yi YNN.p. M fRlABR�Q lAffi 4Lt101 IYy NN.. ry . M.�Y MN A��rrr� Y•�. NN��.I V.YI. 1<Mlir. [[ill[ 44 IN THE MY OF LA QUINTA. STATE OF MXFORNIA SXILVERR40CKRANCH CANAL UTILITY CROSSING PLAN G03LP COURSE al V* .7- • saw—, M. Aw- ON E~B ---------- m 45 Ask United States Department of BUREAU OF RECLAMATM Yww Am Oaks 7361 p eDL7�R7Q J11N 25 Z Cv1O ASa Ss" Yea''Aom,uSS" YAO-7120 C•y .Q• LND-6.00 AM 2 4 M Mr. Mark Weiss Assistant Executive Director La Quinta Redevelopment Agency City of La Quints P.O. Box 1504 La Quints, CA 92253 Contract No. 04-07-34-L1379 Piles 0322.12 060706- 060708- Subject: City of'La Quinta (Consentee) - Letter of Consent .(Letter) - Contract No. 04-07-34-L1379 - Installation, Maintenance, and Operation of Facilities for Silverrock Ranch Golf Resort - Boulder Canyon Project, All -American Canal'System, Coachella Division, California Dear Mr. Weiss: Enclosed for your files is a fully executed duplicate original of the above referenced Letter, Contract No. 04-07-34-L1379. The Letter allows the Consentee to use Reclamation's right-of-way.for the Coachella Canal in conjunction with the development of the Silverrock Ranch Golf Resort located in La Quints, California, as outlined in the terms of the Letter. Please be reminded that all construction activities authorized by the Letter must be coordinated with the Coachella Valley Water District prior to the commencement of those activities.. If you have any questions concerning the Letter, please contact Ms. Peggy Haren, Realty Specialist, at telephone No. 928-343-8547. Enclosure SCANNED blab/o¢ Sincerely, CMHIA HOER Cynthia Hoeft, Director Resource Management Office 47 cc: Steve Robbins eneral Manager Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 (w/encl) Mr. Doug Franklin The Keith Companies 73-733 Fred Waring Drive, Suite 300 Palm Desert, CA 92260 (w/encl) 48 Inter -office Memo SUBJECT: Canal Mainteoence at Silver Rock DATE: 7/25/2005 Ranch Golf Resort FROM: Michael Schaefer TO: Mark Johnson FILE M 0322.12 060708 Preamble Staff met a Trades�Deparonent to the terms of the Bureau of Reclamation (BOR) Letter of Contract No. 04 07-34-L1379) for imtellation, maintenance, and operation of facilities for the Sil lfResort. See at copy of Letter of Consent Executive Summary The tams of the Letter of Consent between the BOR and the City of La Quints EDA do not Specifically outline the tams to operate and romove,siilt Sum the canal t'aalitias for the Silver Rock Ranch golf Resort, The Darns of the Letter of Consent state that the, "Reclamation and the district retain all rights previously reserved and the authority to enter upon the subject right of way and perform nay improvements or repairs to the canal. - However, there arc no specific terms that identify the following: • When to remove silt Som the canal, and • When to remove silt from the L-4 Pumping vault, and • How to handle the silt after it is removed, and • Who is responsible for the coats to tramsport the silt, and • Who is responsible for the costs to repair damages during the silt removal process! The projaxed costs to remove silt within the Silva Rode project should be approximately $85,000 per occtn cam Staffintemda to prepare a Memorpndum of Undastamding with the city of 1A Quints EDA eoncaaing the tams to remove silt from the canal and outline each agencies rive oosL Background The BOR does not own the land in fee for the canal at this location. The Bureau of Reclamation (BOR) only has a reserved easement on the patent deed. The aM vM have io be dredged Gem the canal a d paW ateag the edge of the aml tier several days wbile the material dries Once. dried it will have to be hailed away, tar fte awwaet eaW WMYAW 49 The Bureau of Land Management Bi lui? OngMdIY owed the land. The BLM issnied BOR a Right of Way Grant for its facilities to be there. The BUM then patients the lands out (sells the land to the public). The BOR Right of Way Grant then acts as an aecunbtance which rums with the land, but because the BOR only has an easement tbeii only authorization is to the consent of the land by the fee dde bolds: There are only two properties like this in the valley, the Hills development and Silver Rock Ranch Discussion Within 5 yeas we can expect to clean the csmd within the Silva Rock Ranch golf Resort development. The projected costs to remove this silt within the Silva Rods projed should be approximately $85,000. The 1A Pumping vault needs to be cleaned on a bi-annual basis at a cost of $12,000 per occrureooe. Should the L-4 Pumping vault excess a silt level in excess of 2 feet it will plug the newly installed mder and the district will not be able to provide Silva Rock with canal water. Historically, silt, will exceed fats (4) fed in depth per year in the pumping vault. Direction Staff intends to prepare a Memorandum ofUndestanding with the city of La Quint EDA concerning the tams to remove silt from the card and which agency is responsible for what Costs: The tame of the Agreement will outline the following: 1. When the silt will be mmoved, and 2. How the silt will be handled throughout the removal process, and 3. Who is responsible for each respective Cost. 4. The OFUMent will be submitted for review and approval to Redwine and Sha rill Submitted by Michael Schaefer 50