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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