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HomeMy WebLinkAboutContract 1699 - 162q7 filo 64 copy Page 1 of 6 UTILITY AGREEMENT CITY of Cathedral City DISTRICT COUNTY ROUTE POST MILE EA PROJECT ID 08 Riverside 8914 FEDERAL AID NUMBER OWNER'S PLAN NUMBER BHLS 5430 (027) 40805-40813 FEDERAL PARTICIPATION On the project ® YES ❑ NO On the Utilities ❑ YES ® NO UTILITY AGREEMENT NO. 503 DATE The City of Cathedral City, hereinafter referred to as "CITY", intends to widen the bridge on Date Palm Drive spanning the Whitewater River Channel. In addition to widening the existing bridge, street improvements and a retaining wall will also be part of the construction work(the"Project"). Coachella Valley Water District hereinafter referred to as "OWNER", owns and maintains an 18-inch water line, a 24-inch sanitary sewer line, and appurtenant facilities, located along Date Palm Drive which conflict with the Project (CONFLICTING FACILITIES), and are located within the Project limits. The CONFLICTING FACILITIES include both Domestic Water and Sanitary Sewer along Date Palm Drive. The Project will require relocation of the CONFLICTING FACILITIES (the"Work"). The Work is further described as follows: Domestic Water: In general, the Work that is related to domestic water includes the installation of approximately 1,975 lineal feet of 18—inch DIP water main, air vacuum assemblies, steel casing, butterfly valves,removing portions of the existing 18-inch waterline, including abandoning, relocating, and adjusting all other items as shown on the OWNER's approved plans. Sanitary Sewer: In general, the Work that is related to the sanitary sewer includes the installation of approximately 97 lineal feet of 24-inch VCP sanitary sewer pipeline, steel casing,manholes,removing manholes, adjusting manhole frame and covers to final grade and all other items as shown on the OWNER's approved plans. It is hereby mutually agreed between CITY and OWNER as follows: I. WORK TO BE PERFORMED In accordance with Notice to Owner No. 503 dated , and with this Agreement, CITY shall relocate OWNER's CONFLICTING FACILITIES. City shall prepare the Plans, Specifications and Estimates ("PS&E") for the Work, as further described below. The OWNER approved plans for the Work ("Plans") will be included in CITY's Contract Plans for the Date Palm Drive Bridge Widening Improvement Project, and in the CITY's construction contract for the Project ("Construction Contract") which, by this reference, are made a part hereof. UTILITY AGREEMENT (Cont.) Page 2 of 6 UTILITY AGREEMENT NO.503 Deviations from the Plans described above initiated by either CITY or OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, provided it is approved by CITY and agreed to/acknowledged by OWNER, will constitute an approved revision of the Plans described above and are hereby made a part hereof. No Work under said deviation shall commence prior to written execution by OWNER of the Revised Notice to Owner. Changes in the scope of the Work will require an amendment to this Agreement in addition to the Revised Notice to Owner. OWNER shall not be liable for any change order, extra work or alteration performed by CITY's contractor, unless authorized by a Revised Notice to Owner approved in writing by OWNER. OWNER shall have the right to inspect the Work by CITY's Contractor during construction. Upon completion of the Work by CITY, and final inspection and written approval thereof by OWNER, OWNER agrees to accept ownership and maintenance of the relocated CONFLICTING FACILITIES with associated appurtenances, and relinquishes to CITY ownership of the replaced facilities. If OWNER provides a punch-list of items that need to be completed or corrected, such punch-list shall be completed prior to acceptance of the Work by OWNER. No acceptance of the Work by OWNER shall waive any warranty, guarantee or other right in favor of OWNER. II. LIABILITY FOR WORK Existing facilities are located within City right of way pursuant to California Water Code Section 31060 and will be relocated at OWNER'S expense. The OWNER will maintain the rights it currently has subsequent to completion of construction. OWNER'S Liability,(100%)—preparation of Plans Specifications and Estimates(PS&E) for CONFLICTNG FACILITIES at an estimated cost of$59.500; and OWNER's Liability, (100%)—Work to relocate the CONFLICTING FACILITIES performed by CITY's Contractor at an estimated cost of$804.969. III. PERFORMANCE OF WORK CITY shall prepare the Plans, Specifications and Estimates (PS&E) for the relocation of the CONFLICTING FACILITIES. 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 the PARTIES. 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. UTILITY AGREEMENT (Cont.) Page 3 of 6 UTILITY AGREEMENT NO.503 • CITY shall prepare the bid documents for the improvements to be constructed 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. (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 shall include the relocation of the CONFLICTING FACILITIES as an additive alternate within the Project bid documents. The bid documents will require all contractors to bid the construction of the Project with and without the relocation of the CONFLICTING FACILITIES. (f) CITY shall obtain or cause its contractor to obtain a construction encroachment permit from the OWNER for the relocation of the CONFLICTING FACILITIES. OWNER shall use its standard form encroachment permit with such changes as OWNER considers necessary for the issuance thereof. (g) CITY shall issue OWNER an encroachment permit for the applicable relocated CONFLICTING FACILITIES which shall be within CITY's right of way. CITY shall use its standard form encroachment permit with such changes as CITY reasonably considers necessary for the issuance thereof. OWNER shall review the CITY provided PS&E for the relocation of the CONFLICTING FACILITIES and provide CITY with written approval or disapproval thereof within twenty (20)calendar days from the date the PS&E are submitted for review/approval by OWNER. OWNER shall cooperate with CITY in the CEQA and NEPA environmental approval process and resultant environmental conditions of approval. • UTILITY AGREEMENT(Cont.) Page 4 of 6 UTILITY AGREEMENT NO.503 OWNER at its sole cost and expense may choose within 5 business days from the opening of the bids for construction, in its sole discretion, to cause CITY to award the relocation of the CONFLICTING FACILITIES as part of the Project. OWNER at its sole cost and expense may choose within 5 business days from the opening of the bids for construction, in its sole discretion, to relocate CONFLICTING FACILITES with its own forces or cause the relocation of the CONFLICTING FACILITIES with its contractor of choice. CITY shall ensure that the Work 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 at its sole cost and expense 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, 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. IV. PAYMENT FOR WORK The OWNER shall pay the actual cost for preparation of the PS&E following acceptance thereof by OWNER, and within 45 days after receipt of CITY's bill. Following payment, OWNER shall own all right, title and interest in the PS&E, and all intellectual property contained therein. The cost for preparation of the PS&E shall not exceed$59,500. The OWNER shall pay the actual cost of the Work included in the CITY's Construction Contract following acceptance thereof, and within 45 days after receipt of CITY's bill, compiled on the basis of the actual bid price of said contract. The cost of the Work shall not exceed the amount shown in the bid from the CITY's contractor, as approved by OWNER under the provisions of this Agreement(including OWNER approved change orders). Not more frequently than once a month,but at least quarterly, CITY will prepare and submit progress bills for costs incurred by CITY, for inspection, administrative and PROJECT work (other than construction), not to exceed CITY'S recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval of OWNER of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. UTILITY AGREEMENT(Cont.) Page 5 of 6 UTILITY AGREEMENT NO.503 In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the CITY'S final bill. All increases in costs require the prior written approval of the OWNER. Detailed records from which the billing is compiled shall be retained by the CITY for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. CITY agrees to comply with Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq.,23 CFR,Chapter 1,Part 645. If a subsequent State and/or Federal audit determines payments to be unallowable,CITY agrees to reimburse OWNER upon receipt of CITY billing. The estimated cost to OWNER for the PS&E and for all work to be performed by the CITY's engineer and the CITY contractor is$864,469. V. GENERAL CONDITIONS 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 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing 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. CITY and OWNER understand and acknowledge that the Project is subject to the requirements of the BA law (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. UTILITY AGREEMENT(Cont.) Page 6 of 6 UTILITY AGREEMENT NO.503 OWNER Indemnitees are not responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its consultants and/or 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 and/or its agents under this Agreement. 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. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on either PARTY hereto. THE ESTIMATED COST TO THE OWNER FOR THE ABOVE DESCRIBED WORK IS $864,469 Signatures on Following Page r UTILITY AGREEMENT(Cont.) Page 7 of 6 UTILITY AGREEMENT NO.503 SIGNATURE PAGE TO UTILITY AGREEMENT NO. 503 IN WITNESS WHEREOF,the above parties have executed this Agreement on the dates below. Owner: CITY OF CATHEDRAL CITY COACHELLA VALLEY WATER DISTRCT APPROVED APPROVED By. By: Gener .eager, J. M. Barrett Date: g'Z�—02 0/6 Date: C31' I 1' (Lp APPROVED AS TO FO : By: By: Date: ATTEST: By.ft . A