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2021 IID - Electrical Undergrounding Utility - Dune Palms Bridge Proj 2011-05MEMORANDUM DATE: May 5, 2021 TO: Jon McMillen, City Manager FROM: Monika Radeva, City Clerk on behalf of PW RE: IID Utility Agreement for Dune Palm Road Bridge Project 2011-05 / 111205 for relocation & under -grounding of existing electrical facilities Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: Approved by City Council on 01/19/2021 - Consent No. 8 & 5/4/21 Consent 12 City Manager's signing authority provided under the City's Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Bid Sole Source Procurement Method (one must apply): RFP fl RFQ L 3 written informal bids Select Source U Cooperative Procurement Requesting department shall check and attach the items below as appropriate: Agreement payment will be charged to Account No.: no acct listed on staff rpt Agreement term: Start Date 5/5/2021 End Date 06/30/2021 Amount of Agreement, Amendment, Change Order, etc.: $ 485,542 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: N/A - Monika Radeva Date: 4/22/2021 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. N/A - MR Expires: Requisition for a Purchase Order has been prepared (Agreements over $5,000) UTILITY AGREEMENT CITY OF LA QUINTA DISTRICT COUNTY 08 Riverside ROUTE POST MILE FEDERAL AID NUMBER BR-NBIL (537) Page 1 of 14 EA PROJECT # 2011-05 OWNER'S PLAN NUMBER FEDERAL PARTICIPATION On the project 2] YES ❑ NO UTILITY AGREEMENT NO. IID 1903 On the Utilities ❑ YES ® NO NTD: Adjust page numbering. DATE i/ \ 1 The City of La Quinta, hereinafter referred to as "CITY", intends to construct a new bridge on Dune Palms Road spanning the Coachella Valley Stormwater Channel (CVSC). In addition to the bridge, street improvements and other ancillary improvements will be part of the construction work (the "Project"). The CITY intends to replace the existing low water crossing with a 480-foot-long and 86-foot-wide four span bridge. The Project includes reconstruction of the north and south bridge approaches to accommodate the new roadway profile, slope protection at the northeast and southeast corners of the bridge, bridge railing, utility relocation, and existing roadway modifications on the north and south sides of the channel. Imperial Irri{cation District hereinafter referred to as "OWNER", owns and maintains an overhead electrical distribution system, and appurtenant facilities, located within the Dune Palms Road project corridor which conflict with the Project (CONFLICTING FACILITIES), and are located within the Project limits from stations 11+20 to 27+15. The Project will require relocation of the CONFLICTING FACILITIES (the "Work") as shown on the OWNER's approved plans attached hereto as Exhibit "A" and incorporated herein by reference. It is hereby mutually agreed between CITY and OWNER as follows: I. WORK TO BE PERFORMED BY BOTH OWNER AND CITY'S CONTRACTOR PER OWNER'S PLAN In accordance with Notice to Owner No. 1 by letter dated July 16, 2018, as amended by letter dated July 11, 2019, OWNER shall conduct the Work by relocating its existing overhead electrical distribution system, and appurtenant facilities. All work shall be performed in accordance with OWNER's adopted standards and OWNER's Plan Set No. CSP 4027396, dated 02/03/2021, consisting of 6 sheets, a copy of which is set forth as Exhibit A, attached hereto and incorporated herein by reference. Deviations from the OWNER's plan described on Exhibit A initiated by either the CITY or OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and agreed to/acknowledged by OWNER, will constitute an approved revision of the OWNER's plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of work will require an amendment to this Agreement in addition to the revised "Notice to Owner." {D0440107.DOCX / l } UTILITY AGREEMENT (Cont.) Page 2 of 14 UTILITY AGREEMENT NO. IID 1903 It is mutually agreed that the existing overhead electrical system from station 11+20 to 27+15 will be undergrounded as further described herein. That portion of the Work to be performed by CITY consists of the following: CITY will include trenching, conduit, conduit encasement, structure placement, backfill and compaction, trench repair, and bridge hanger assemblies for the undergrounded electrical system as part of the CITY'S Highway Construction Contract. CITY will include the work: 1) along the east side of Dune Palms Road between stations 24+50 to 27+15 to provide electrical services for the existing mobile home service line along with electrical needs for the bridge project; and 2) along the west side of Dune Palms from station 13+40 to 25+65, a crossing from the west side to the east side of Dune Palms between stations 25+65 to 26+55 and along the east side from station 26+55 to 27+15 for the primary electrical system in the area. A summary of the work to be performed by both Parties is set forth in Exhibit B ("SUMMARY OF DESCRIPTION OF WORK") which is attached hereto and incorporated herein by reference. II. ESTIMATED COST AND COST RESPONSIBILITY FOR WORK A. The Estimated Cost of the work ("Estimated Cost") is as set forth below: a. The Estimated Cost of the like for like relocation not including the temporary Shoo- F1y is $263,500.00; b. The Estimated Cost of the Shoo -Fly is $131,500.00; c. The Estimated Cost of Underground Cabling & Termination (including the removal of nine poles) is $206,000; and d. CITY's Estimated Cost for the installation of underground infrastructure (including utility trenching and backfill, median vault, sector sleeve cabinet, conduit, and bridge conduit support system) is $485,542.00. B. OWNERS's Expense: The Estimated Cost of relocating OWNER'S conflicting facilities from overhead to overhead not including the temporary Shoo -Fly is $263,500,00. The Estimated Cost of Cabling & Termination (including the removal of nine poles) is $206,000.00. OWNER agrees to bear this cost. The Estimated Cost of the temporary Shoo -Fly is $131,500.00. OWNER agrees to a 50% cost share of the temporary Shoo Fly in the estimated amount of $65,750.00. Subsequently, the CITY'S estimate of OWNER'S approximate Cost to relocate from overhead to underground is estimated to be $535,250.00. UTILITY AGREEMENT (Cont.) Page 3 of 14 C. CITY'S Expense: UTILITY AGREEMENT NO. IID 1903 CITY has requested that OWNER underground the Conflicting Facilities rather than relocating from the existing overhead condition to a new overhead condition. Undergrounding OWNER'S Conflicting Facilities is considered a "betterment condition". The Estimated Cost of undergrounding the infrastructure (including utility trenching and backfill, median vault, sector sleeve cabinet, conduit, and bridge conduit support system is $485,542.00. CITY agrees to bear this cost. The Estimated Cost of the temporary Shoo -Fly is $ 1 31,500.00. CITY agrees to a 50% cost share of the temporary Shoo Fly in the estimated amount of $65,750.00. Subsequently, the CITY'S Estimated Cost to relocate from overhead to underground betterment is estimated to be $551,292.00. A summary of the cost obligations of the Parties is as set forth on Exhibit C ("COST SUMMARY AND OBLIGATIONS") which is attached hereto and incorporated herein by reference. III. PERFORMANCE OF WORK OWNER shall prepare the Plans, Specifications and Estimates (PS&E or Plans) for the relocation of the CONFLICTING FACILITIES, including the temporary Shoo Fly. PS&E shall be prepared in accordance with the Standard Plans and Specifications for Public Works Construction, the standards, design criteria and practices of the OWNER, and all applicable laws and regulations. The PS&E shall include relocation of the CONFLICTING FACILITIES to such location as shall be agreed to by CITY and OWNER. To the extent not already covered in the environmental processing for the Project, CITY shall satisfy the requirements of the California Environmental Quality Act (CEQA) and satisfy the requirements of the National Environmental Protection Act (NEPA) arising out of or in connection with the relocation of the CONFLICTING FACILITIES. CITY shall prepare the bid documents for the improvements to be constructed by CITY as part of the Project, and for the Work. CITY shall keep OWNER apprised of the procurement schedule. CITY shall include the following in the bid documents, and in the resulting Construction Contract entered into by the CITY: (a) OWNER shall be named as an obligee under any labor and materials payment bonds and contract performance bonds for the relocation of the CONFLICTING FACILITIES. (b) OWNER, its officers, directors, administrators, representatives, consultants, agents and employees (OWNER Indemnitees) shall be named as additional insureds on any general insurance policy required by CITY. (c) OWNER Indemnitees shall be named indemnified parties under all indemnifications: hold harmless provisions, waivers and releases in favor of CITY. UTILITY AGREEMENT (Cont.) Page 4 of 14 UTILITY AGREEMENT NO. IID 1903 —1 (d) OWNER shall be entitled to all warranties, guarantees, and post completion bonds with respect to the relocated CONFLICTING FACILITIES as CITY is entitled to for the remaining portion of the Project. The Work shall be transferred to OWNER free of all liens and encumbrances. (e) CITY will include trenching, conduit, conduit encasement, structure placement, backfill and compaction, trench repair. and bridge hanger assemblies for the undergrounded electrical system as part of the CITY'S Highway Construction Contract. CITY will include the work: 1) along the east side of Dune Palms Road between stations 24+50 to 27+15 to provide electrical services for the existing mobile home service line along with electrical needs for the bridge project; and 2) along the west side of Dune Palms from station 13+40 to 25+65, a crossing from the west side to the east side of Dune Palms between stations 25+65 to 26+55 and along the east side from station 26+55 to 27+15 for the primary electrical system in the area. OWNER shall have access to all phases of the work being performed for the OWNER in accordance with the specifications contained in the highway contract. Upon completion of the work performed by the CITY, OWNER agrees to accept ownership and maintenance of the constructed facilities provided they are constructed in a good and workmanlike manner in accordance with OWNER's specifications. (0 OWNER will construct or cause the construction of the placement of all conductors, temporary poles, and any other necessary electrical equipment and connections for the Temporary Shoo Fly and permanent underground system between station 11+20 to 27+15. (g) CITY shall issue OWNER an encroachment permit for the applicable relocated CONFLICTING FACILITIES which shall be within CITY' s roadway right of way. CITY shall use its standard form encroachment permit with such changes as CITY reasonably considers necessary for the issuance thereof. (h) OWNER is responsible for and shall obtain any required construction and permanent encroachment permits from the Coachella Valley Water District (CVWD) to cross the stormwater channel for both the temporary Shoo Fly and permanent crossing with the CITY'S bridge structure. OWNER shall cooperate with CITY in any CEQA and NEPA environmental approval process and resultant environmental conditions of approval. CITY and OWNER shall each ensure that the work each performs hereunder is completed in strict accordance with the Plans and in accordance with the laws, rules and regulations of all governmental bodies and agencies having jurisdiction over the work. OWNER shall have access to all phases of the Work to be performed by CITY, as described in Section 1 above, for the purpose of inspection to ensure that the Work is in accordance with the Plans, and with the specifications for the Work contained in the Construction Contract; however, all questions regarding the Work being performed will be directed to CITY's Resident Engineer for evaluation and final disposition. All connections of the relocated CONFLICTING FACILITIES to the OWNER's existing facilities shall be performed by OWNER's employees, UTILITY AGREEMENT (Cont.) Page 5of14 UTILITY AGREEMENT NO. IID 1903 contractors or agents, and CITY shall provide at least fifteen (15) days written notice to schedule said connections. CITY shall provide OWNER with a weekly written progress report for the construction of the Work during the progress of construction of same. CITY shall provide OWNER with a 15-day construction window to place a temporary Shoo Fly across the channel between stations 13+50 to 27+15 along the east side. IV. PAYMENT FOR WORK CITY and OWNER agree to share in the cost of the work as referenced in Section II, above. CITY shall provide OWNER with a detailed schedule of actual cost values for the work performed by CITY contractor; and OWNER shall provide CITY with a detailed schedule of actual cost values for work performed by OWNER within THIRTY (30) days of the completion of the Work. Any amount of the final invoice for payment in excess of 125% of the Estimated Cost as set forth herein shall be accompanied by written documentation supporting such increased amount. Should the CITY disagree with the amount in excess of 125 percent of the Estimated Cost, the City may determine the amount in excess of 125 percent to be disputed and subject to Dispute Resolution as set forth herein. CITY shall deposit 50% of the estimated cost of the temporary Shoo -Fly within thirty (30) days of the Project contract award by CITY. OWNER shall provide CITY with a detailed invoice demonstrating the actual cost values for work performed by OWNER within thirty (30) days following completion of the Work. CITY will pay any sums reflected as due from CITY in the invoice tendered by OWNER within thirty (30) days following receipt. Detailed records from which the billing is compiled shall be retained by the CITY and OWNER for a period of three years from the date of final payment and will be available for audit by State and/or Federal auditors. V. GENERAL CONDITIONS A. National and State Requirements. It is understood that said highway is a federal aid highway and accordingly, 23 CFR, Chapter 1; Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21 st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing UTILITY AGREEMENT (Cont.) Page 6 of 14 UTILITY AGREEMENT NO. 11D 903 processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. B. Additional National and State Requirements. CITY and OWNER understand and acknowledge that the Project is subject to the requirements of the BA Iaw (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA guidance. CITY hereby certifies that in the performance of the work associated with this Agreement, for products where BA requirements apply, CITY shall use only such products for which it has received a certification from its supplier or provider of construction services that procures the product certifying BA compliance. If, in connection with CITY's performance of the Work, OWNER provides to CITY any materials, OWNER understands and acknowledges that this Project is subject to the requirements of the BA law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410, 23 CFR 645, and FHWA guidance. CITY hereby certifies that in the performance of this Agreement, for products where BA requirements apply, it shall provide only such products for which it has received a certification from its supplier, or provider of construction services that procures the product certifying BA compliance. This does not include products for which waivers have been granted under 23 CFR 635.410 or other applicable provisions or excluded material cited in the Department's guidelines for the implementation of Buy America requirements for utility relocations issued on December 3, 2013. C. CITY Indemnification. Neither OWNER nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its consultants andlor its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY will fully defend, indemnify and save harmless OWNER Indemnitees from all claims, suits or actions of every name, kind and description including but not limited to, tortious, contractual, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its consultants andlor its agents under this Agreement. UTILITY AGREEMENT (Cont.) Page 7 of 34 UTILITY AGREEMENT NO. lTD 1903 D. OWNER Indemnification. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by OWNER and/or its agents under or in connection with any work, authority or jurisdiction conferred upon OWNER under this Agreement. It is understood and agreed that OWNER will fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description including but not limited to, tortious, contractual or other theories or assertions of liability occurring by reason of anything done or omitted to be done by OWNER and/or its agents under this Agreement. E. Amendment. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both OWNER and CITY, and no oral understanding or agreement not incorporated herein shall be binding on either PARTY hereto. F. Remedies. Should any dispute arise between the Parties regarding the enforcement of this Agreement including the payment obligations thereof, at the written request of either Party, such dispute shall be subject to non -binding arbitration according to the applicable provisions of the American Arbitration Association or other organization mutually agreeable between the Parties. Should the dispute not be resolved and a litigation action filed as provided for herein, the prevailing party shall be entitled to the recovery of reasonable costs and attorneys' fees. In no event however shall either Party hereto be liable for any lost profits, lost savings or incidental, indirect, special or consequential damages, arising out of the performance of this Agreement. No remedies conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of one or more remedies will not constitute a waiver of the right to pursue other available remedies. G. Insurance. For purposes of performing the obligations set forth herein, it is agreed and understood that the Parties hereto are self -insured to the satisfaction of each other. Notwithstanding the above, the Parties shall require its contractors and subcontractors to obtain insurance of the types and in the amounts described below: a. General Commercial Liability Insurance. Commercial version general liability insurance or equivalent form with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such policy shall: a) name the Parties and their respective UTILITY AGREEMENT (Cont.) Page 8 of 14 UTILITY AGREEMENT NO. HD 1903 officials, officers, employees, agents and consultants as insured with respect to performance under this Agreement and b) be primary with respect to any insurance or self-insurance programs covering the Parties and their respective officials, officers, employees, agents and consultants and c) contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non -owned vehicles. c. Professional Liability Insurance. Errors and omissions insurance with a limit of not less than Two Million Dollars ($2,000,000). This requirement shall be required only of design or engineering professionals. d. Workers' Compensation Insurance. Workers Compensation Insurance with statutory limits and employer's liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence. H. Notices. Any and all notices relating to this Agreement shall be given in writing by certified or Registered mail, postage prepaid, return receipt requested, or by overnight carrier. Notices will be deemed received upon the earlier of: a) two business days following deposit in the United States mail, postage prepaid, return receipt requested, or b) one business day following deposit with an overnight carrier service. The Parties shall address such notices as provided below or as may be amended by written notice: IID CITY: I. Authority to Bind. Imperial Irrigation District Post Office Box 937 333 East Barioni Boulevard Imperial, CA 92251 Attn: Energy Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Attn: City Manager The undersigned individuals hereby warrant and represent that they each have full legal authority to execute this Agreement and bind their respective parties thereto. UTILITY AGREEMENT (Cont.) Page 9 of 14 UTILITY AGREEMENT NO. LID 1903 J. Applicable Law and Venue. This Agreement shall be construed and interpreted under and governed by the laws of the State of California. Any action brought to enforce the provisions of this Agreement shall be filed in the Superior Court of Imperial County, California. K. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter referenced herein. No subsequent agreement, representation or promise made by either Party hereto, or by any employee, officer, agent or representative or either Party will be of any effect unless it is in writing and executed by both Parties. No person is authorized to make, and by execution hereof each of the Parties acknowledge that no person has made any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid and enforceable by or against either Party. L. Time is of the Essence. Each of the Parties hereto acknowledge that time is of the essence regarding both the performance of the work and the payment obligations of the Parties. M. Counterparts, Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same document. For purposes of this Agreement, facsimile and electronic signatures are authorized and will be deemed to be an original signature. N. Independent Review. Each of the Parties hereto has reviewed this Agreement and each has had the opportunity to have its respective legal counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party will not apply to the interpretation of this Agreement or and amendments or exhibits thereto. UTILITY AGREEMENT (Cont.) Page 10 of 14 UTILITY AGREEMENT NO. IID 1903 O. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions, will not be affected and the rights and obligations of the Parties will be construed as if this Agreement did not contain the particular part, term or provision held to be invalid, P. City Fees and Charges. CITY hereby agrees to waive all fees and charges normally and customarily charged for the Work to be performed by OWNER. Signatures on Following Page UTILITY AGREEMENT (Cont.) Page 1 1 of 14 UTILITY AGREEMENT NO. IID 1903 SIGNATURE PAGE TO UTILITY AGREEMENT NO. IID 1903 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. City: CITY OF LA QUINTA IMPERIAL IRRIGATION DISTRCT APPROVED By: ate: • illen, City Manager APPROVED AS TO FORM: By: William H. Ihrke, City Attorney ATTEST: By: Monika Radeva, Cit Ij lerk Owner: APPROVED By: General Manager Date: LI IQ ( 2, t7 z 1 By: Date: UTILITY AGREEMENT (Cont.) Page 12 of 14 UTILITY AGREEMENT NO. II❑ 1903 EXHIBIT "A" - OWNER'S PLAN SET UTILITY AGREEMENT (Cont.) Page l3 of 14 UTILITY AGREEMENT NO. IID 1903 EXHIBIT B — SUMMARY OF DESCRIPTION OF WORK City of La Ouinta Scope of Work - Civil Work North of the Channel • On the East side of Dune Palms Road, pick-up the following previously stubbed out conduits: ❑ 1-6" CND (80'), 2-5" CND (170'). • install 2-5" conduits S/O sector cabinet (UNI240868SC) up to existing pole # 903255 (75', future riser). • install 1-4" conduit SIO sector cabinet (UN 1240868SC) to new XFMR pad # UN 12414245P (120') and 1-3" CND from transformer pad to a sec box (15'). • On the East side of Dune Patens Street Road, pick-up existing 4-6" CND previously stubbed out coming from existing switch vault (UN12379095) and extend them south 345'. Cross to the West of Dune Palms Road to north edge of the channel. Across the Channel • Pick-up 4-6" CND previously stubbed out and extend them 550' through predesignated cell within new bridge up to the south edge of the channel. South of the Channel • Connect to the south 2-6" CND from south edge of the channel to existing 6-6" CND previously stubbed out from exist and stub a minimum of 30' from bridge abutment 2-6" CND. Switch vault UN1036970S (on Corporate Center Drive). • intercept existing 6-6' CND coming from switch vault UN1036970S and install a new 6' x 10' junction vault. HD Scope of Work — Shu-FIy across the Channel • Install 2-40' poles, 1-45' poles, , 3 down guys, 1 riser, and approx. 481' of primary cable on the Northeast side of the Channel. • Extend approx. 331' of primary cable across the channel N to S, at approximately 200' east of proposed new bridge RIO/W (distance to be confirmed when permitting is approved by CVWD), including installation of 2-50' poles and 4 down guys within the outer edges of the channel • Install 1-50' pole, 1-45' pole, 2 down guys, and approx. 566' of primary cable on the Southeast side of the Channel. • Remove 7 primary poles, 3 down guys, and approx. 1000' of primary cable IID Scope of Work— Cabling job Mobile Home Park • From existing pullbox (UN I23791 1 H), install approx. 390' of cable to new sector cabinet (UN 1240868SC), install connection modules, and extend approx. 130' of cable to new riser on pole 903255-40', and approx. 150' of cable to new transformer. Backbone • Install approx. 1,150' of 750MCM UG cable from existing switch vault UN 1237909S (N/0 channel) to proposed vault UN1241302V (S/CI channel), install in -line splices, and extend 754MCM cable approx. 750' to existing switch UN 1036970S located along Corporate Center Drive. UTILITY AGREEMENT (Cont.) Page 14 of 14 UTILITY AGREEMENT NO. IID 1903 EXHIBIT C — SUMMARY OF COST OBLIGATION FOR THE WORK a. The Estimated Cost of the like for like relocation not counting the temporary Shoo -Fly is $263,500.00 and shall be borne solely by OWNER. b. The Estimated Cost of the Shoo -Fly is $131,500.00 and is to be borne by OWNER and CITY on an equal basis (50/50) c. The Estimated Cost of Cabling and Termination, including the removal of nine existing poles is $206,000.00 and shall be borne solely by OWNER. d. The Estimated Cost of undergrounding the infrastructure (including utility trenching and backfill, median fault, sector sleeve cabinet, conduit, and bridge conduit support system) is $485,542.00 and shall be borne solely by CITY. For avoidance of ambiguity, the cost estimates for the work set forth in paragraphs a., c. and d. above are included for transparency only, do not represent any legal obligation between the Parties, and will be borne by CITY and OWNER, as identified. The work set forth in b. above will be borne equally by OWNER and CITY. The only payment obligation between OWNER and CITY as intended by this Agreement is CITY's reimbursement to OWNER of one-half of the cost set forth in paragraph b. above. CONSENT CALENDAR ITEM NO. 12 City of La Quinta CITY COUNCIL MEETING May 4, 2021 STAFF REPORT AGENDA TIT' APPROVE AMENDED UTILITY AGREEMENT WITH THE CITY OF LA QUINTA AND THE IMPERIAL IRRIGATION DISTRICT FOR THE DUNE PALMS ROAD BRIDGE PROJECT 2011-05/111205 FOR RELOCATION AND THE UNDERGROUNDING OF EXISTING ELECTRICAL FACILITIES RECOMMENDATION Approve Amended Utility Agreement with the City of La Quinta and the Imperial Irrigation District for the Dune Palms Road Bridge Project to address relocation and undergrounding of existing electrical facilities; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • City Council approved the utility agreement with Imperial Irrigation District (IID) on January 19, 2021. • Estimated costs for the proposed work have increased due to rising construction costs and revising the scope of work to underground poles south of the bridge to Highway 111. FISCA'- IMPACT The following represents the cost share breakdown of estimated costs: Agency Cost Share La Quinta $551,292 IID $535,250 Total Estimated Cost $1,086,551 BACKL,rcwUNDi MI IALYSIS The Project will construct an all-weather access bridge on Dune Palms Road at the Coachella Valley Stormwater Chanel (CVSC) that requires relocation of electrical facilities. City Council approved the utility agreement to underground the IID facilities at its January 19, 2021 meeting. Subsequent refining of cost by IID and 207 additional poles being undergrounded has increased the total project cost and cost share for each participant. The project development process is underway. The environmental document is complete, and the plans, specifications and estimates are approximately 99% complete. The right of way acquisition and utility clearance phase is approximately 95% complete. ALTERNATIVES As the Utility Agreement is required to certify right-of-way, no alternative is recommended. Prepared by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. IID Utility Agreement 208 ATTACHMENT 1 Dune Palms Bridge Vicinity Map Alt .. amps •• ■1■■■1■ A ■- 111 rIminilg meg pla Ira 1 �11u11�n11W1 Illln ■r►u - -0 -- -■ vita ■1111■IIli1■1 IINI � 1��1 jj�i■ � � _ E. kT ■111IIIIIIIII■ ■ �rRliffY�•- � a ;, . 11 ■:#A��ir1111111■1 . 1■1■11'':� �� k - ��+ilY�iti�YIY11ir1i111111■1 "'�,,�� " r -'- L 1 wnmIllliii�n■Irt331 �• R 1E1 MIL Yi 1. Iu.Y i6 d ■ i. I. if- 111L ■ Niri II a 1 1 N ■:' I11 ■;. 11' + - 3 1I■11111 Illlrlfr N -Ir.l 11 i _ ■11111 IINI■11 2415•140l,, �. _ ■IIN 1111�I•IPIII�F 1 11L111 In ia7■ • -hINIIII ihailwi..11.6 I N.T.S. - 1m ilex mai ❑ now 'Tar grIFSPIE" J-1111111111 -C N -1111 11111111111n111n11 ■■ m nnnu! 209 CONSENT CALENDAR ITEM NO. 8 City of La Quinta CITY COUNCIL MEETING January 19, 2021 STAFF REPORT AGENDA TIT APPROVE UTILITY AGREEMENT WITH THE CITY OF LA QUINTA AND THE IMPERIAL IRRIGATION DISTRICT FOR THE DUNE PALMS ROAD BRIDGE PROJECT 2011-05/111205 FOR RELOCATION AND THE UNDERGROUNDING OF EXISTING ELECTRICAL FACILITIES RECOMMENDATION Approve Utility Agreement with the City of La Quinta and the Imperial Irrigation District for the Dune Palms Road Bridge Project to address relocation and undergrounding of existing electrical facilities; and authorize the City Manager to approve minor revisions to and execute the Agreement. EXECUTIVE SUMMARY • The Dune Palms Road Bridge Project (Project) (Attachment 1) will replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC). • A Utility Agreement (Agreement) (Attachment 2) is proposed between the City of La Quinta (City) and the Imperial Irrigation District (IID) to address the relocation and undergrounding of existing electrical facilities in conflict with the Project. • The Agreement outlines the City's and IID's facility relocation responsibilities for the Project based upon prior rights determinations and the betterment of undergrounding the existing overhead system. FISCAL IMPACT The Project is currently estimated to cost $24,189,652. Staff is working with Caltrans, Coachella Valley Association of Governments (CVAG) and the utilities to finalize participating and non -participating contributions to the Project. Staff will present the updated budget and funding sources in the upcoming Capital Improvement Program (CIP) for Council review in March. The following represents the cost share breakdown of estimated costs: Agency Cost Share La Quinta $430,180 IID $407,610 83 Total Estimated Cost $837,790 BACKGROUND/ANALYSIS The Project will construct an all-weather access bridge on Dune Palms Road at the CVSWC that requires relocation of electrical facilities. The City has senior rights; however, the City has requested IID underground the conflicting facilities rather than relocating them from the existing overhead condition to a new overhead condition. Undergrounding IID's conflicting facilities is considered a "betterment condition" and is estimated to cost $837,790. The City has also agreed to a 50% cost share ($151,230) of a temporary Shoo Fly, a detour bridge option. The total City cost share for the undergrounding and temporary Shoo fly is estimated to be $430,180. IID's estimated liability to relocate from overhead to a new overhead is $407,610. IID will contribute this amount toward the betterment condition of undergrounding the facilities. IID is anticipated to approve the Agreement in February 2021. The project development process is underway. The environmental document is complete, and the plans, specifications and estimates are approximately 98% complete. The right of way acquisition and utility clearance phase is approximately 90% complete. ALTERNATIVES No alternative is recommended. The Utility Agreement is required to certify right-of-way. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. IID Utility Agreement 84