HomeMy WebLinkAbout03068 - DWA DESERT WATER AGENCY IMPROVEMENTS AD157 Desert Water Agency - AD157
Final Engineers Report-Constr
Water Facility Improvements
AGREEMENT FOR AGREEMENT #3068
CONSTRUCTION OF WATER FACILITY IMPROVEII R#a�7-t-- 1=-22-92
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This Agreement for Construction of Water Facility Improvements is dated this 31 day of
December , 1991, by and between the Cil.y of Palm Springs, hereinafter called "City", and the Desert
Water Agency, hereinafter called "Agency",with reference to the following:
RECITALS
A. City has approved drawings and specifications to construct street improvements within
the northwest quarter of Section 19, Township 4 South, Range 5 East, hereinafter called "AD 157", as
shown on Exhibit"A" (Location Map)attached hereto and made a part hereof.
B. Agency desires that City include, as part of the AD 157 construction Contract, certain
fire protection and domestic water facility improvements, hereinafter called "Water Facility
Improvements" to be owned, operated, and maintained by Agency. Said Water Facility Improvements
are to be located within the areas cross-hatched on Exhibit "A", and together with the street
improvements for AD 157,are hereinafter collectively called "Project';
C. City is willing to include the Agency's Water Facility Improvements as part of the
Project provided Agency (1)pays City all costs associated with the Water Facility Improvements as set
forth herein, and (2) assumes ownership and responsibility for the operation and maintenance of the
Water Facility Improvements following completion of construction and acceptance by City and
Agency.
D. City will benefit from construction of Water Facility Improvements through increased
fire protection capabilities,reduction in future utility cuts of new streets, and elimination of the City's
responsibility to provide for certain service and fire hydrant reinstallations.
E. It is in the best interest of the public to proceed with the construction of Project as
soon as reasonably possible.
IT IS THEREFORE mutually agreed as follows:
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SECTION I
CITY SHALL:
1. Prepare, at its own expense, drawings and specifications for the street improvements
for AD 157 in accordance with City standards.
2. Provide Agency an opportunity to review and comment upon the drawings and
specifications for the street improvements for AD 157 prior to advertising for construction Contract
bids.
3. Provide, at its own expense, all necessary permits.
4. Provide, at its own expense, construction staking for each meter box location and fire
hydrant location where new curb and gutter are to be constructed. Agency will mark locations of said
meter boxes and fire hydrants and City wile provide construction staking showing fill or cut to top of
proposed curb.
5. Provide, at its own expense, construction staking for centerline of each proposed
driveway.
6. Provide, at Agency expense, the adjustment of all water facility improvement valve
cans to final grade upon completion of the pavement replacement, in accordance with current Agency
specifications.
7. Construct, or cause to be constructed, Project pursuant to a public works Contract,
administered and inspected by City, and pay all costs for Contract administration, construction surveys,
construction inspections and other costs of Project not specifically agreed to by Agency herein, subject
to Agency payment of all costs associated with the construction of Water Facility Improvements
pursuant to this Agreement.
8. Remove and replace, at its own expense, all asphalt concrete pavement and concrete
associated with the Project; however, those portions of the existing street improvements not a part of
AD 157, but required to be disturbed due to Water Facility Improvements construction shall be an
expense of the Agency.
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9. Pay those costs associated with the installation of domestic water services to vacant
R-1 and R-2 lots within Project. Said water services shall be installed in conjunction with the
replacement of the water distribution facilities only.
10. Pay those costs associated with the installation of any new or upgrading of existing fire
protection facilities.
SECTION II
AGENCY SHALL:
1. Prepare, at its own expense, drawings, specifications and quantity estimates for Water
Facility Improvements in accordance with Agency standards.
2. Submit said drawings, specifications and quantity estimates to City for review and
approval and inclusion as part of the Project construction Contract Documents.
3: Provide, at its own expense, construction engineering and inspection services for the
construction of the Water Facility Improvements. Said engineering services shall include construction
staking for pipelines and appurtenances, excluding water services and fire hydrants constructed in
conjunction with new curb and gutter.
4. Provide, at its own expense, all compaction tests associated with the construction of
the Water Facility Improvements.
5. Relocate,or cause to be relocated, at its own expense, all utilities within City rights-of-
way which conflict with the construction of the Water Facility Improvements.
6. Pay City for the cost of constructing Water Facility Improvements, based upon the
approved Contract unit prices bid as set forth on Exhibit 'B" attached hereto and made a part hereof,
and pursuant to Section 111.4. herein.
7. Upon recordation of Notice of Completion for Project by City, accept ownership and
responsibility for the operation and maintenance of Water Facility Improvements.
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SECTION III
IT 1S FURTHER MUTUALLY AGREED:
1. Water Facility Improvements shall include but not be limited to the replacement of
existing water mains, services, and fire hydrants. Upgrading or additions to the existing fire protection
facilities shall be at the City's expense. Only those services deemed to be active by Agency shall be
replaced at Agency's expense.
2. The Water Facility Improvements shall be set forth in the Contract Documents as a
separate Bid Item. In the event that Agency's total cost for Water Facility Improvements, based upon
the low bid for Project, exceeds an amount acceptable to Agency, Agency will advise City in writing
not to award that portion of the Contract pertaining to the Water Facility Improvements.
3. In the event that Agency desires to omit the Water Facility Improvements from
Project, Agency shall provide for the relocation of services within driveways and the relocation or
reinstallation of existing fire hydrants at City's expense.
4. Agency shall pay City the Contract unit prices bid, or at the negotiated change order
prices, for any agreed upon additional work requested by Agency. Payment shall be based upon
actually quantities of materials installed.
5. City shall bill Agency upon award of Project Contract for 100% of Agency's share for
the actual Contract unit prices bid for Witter Facility Improvements, as set forth on Exhibit "B".
Agency shall make payment to City within thirty days(30)after receipt of said billing.
6. Final billing to Agency, which will include any extra work per Section 111.4, and or
any refund, shall be made within ten(10) days after completion of Project. Agency's final payment to
City shall be made within thirty (30)days after receipt of said final billing.
7. City shall reimburse Agency for all interest actually accrued on Agency's funds while
on deposit with City.
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8. Progress payments and final payment for the Water Facility Improvements shall be
made only after Agency has had the opportunity to review and comment to City regarding same.
9. Total amount paid by City to Contractor for Water Facility Improvements shall not
exceed 90% of the work completed until 35 days after the recording of the Notice of Completion for
Project.
10. Agency inspector will inspect Water Facility Improvements to assure they are
constructed in accordance with the Contract. Documents. Agency inspector shall advise City of any
revisions to the Construction Drawings necessitated as a result of conditions encountered in the field.
Any revision to the Construction Drawings or to the cost of the Water Facility Improvements shall be
directed to the Contractor through the City.
it. City personnel may observe all work being done on Water Facility Improvements, at
its sole expense, but shall provide any comments to Agency personnel who shall be responsible for all
communications with the Contractor for Water Facility Improvements. Agency shall, at its sole
expense, have at all times an inspector available to inspect the construction of the Water Facility
Improvements.
12. City shall require Contractor to furnish, at Agency's expense, a separate warranty bond
in the amount of 100% of the cost of the Water Facility Improvements. Said warranty bond shall
remain in force for one(1)year after final payment by City for Project.
13. City shall require Contractor to include Agency, its directors, managers, officers,
agents, engineers and employees as additional insured for those coverages required in the Contract
Documents with respect to insured liabilities caused by the Contractor,its associates, it sub-contractors
of every tier, and its employees arising out of the work performed by or on behalf of the certifying
Contractor. Agency, its directors, managers, officers, agents, engineers, and employees shall be held
harmless and shall be defended from claims under certificated policies for insured acts or omissions of
the Contractor, its associates, its sub-contractors of every tier, and its employees with respect to
performance under the Contract between City and the Contractor.
14. Neither Agency nor any officer or employee thereof, is responsible for any damage or
liability,occurring by reason of anything done or omitted to be done by City under or in connection
with any work, authority or jurisdiction not delegated to Agency under this Agreement. It is also
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understood and agreed that, pursuant to Government Code Section 895.4, City shall fully indemnify
and hold Agency harmless from any liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by City under or in
connection with any work,authority or jurisdiction delegated to City under this Agreement.
15. Neither City, any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything dons;or omitted to be done by Agency under or in connection
with any work, authority or jurisdiction delegated to Agency under this Agreement. It is also
understood and agreed that,pursuant to Government Code Section 895.4,Agency shall fully indemnify
and hold City harmless from any liability imposed for injury (as defined by Government Code 810.8)
occurring by reason of anything done or omitted to be done by Agency under or in connection with any
work, authority,or jurisdiction delegated to Agency under this Agreement.
16. Time is of the essence in the performance of this contract. The parties agree that they
will use their best efforts to perform all obligations contained herein in a timely fashion.
17. Any notices sent or required to be sent to either party shall be mailed to the following
addresses:
Desert Water Agency City of Palm Springs
Engineering Department Public Works Department
P.O.Box 1710 P.O.Box 2743
Palm Springs, CA 92263 Palm Springs, CA 92263
18. This Agreement is the result of arms length negotiations between parties hereto and
with the advice and assistance of their respective counsel.
19. Any waiver by City or by Agency of any breach by the other of any one or more of the
terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the
same or of any other term thereof. Failure on the part of City or Agency to require from the other
exact, full and complete compliance with any terms of this Agreement shall not be construed as in any
manner changing the terms hereof,or stopping City or Agency from enforcement hereof.
20. This Agreement is intended by the parties hereto as their final expression with respect
to the matters herein, and is a complete and exclusive statement of the terms and conditions thereof.
This Agreement shall not be changed or modified except by the written consent of both parties hereto.
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21. In the event that either party hereto fails to comply with any of the terms of this
Agreement to be complied with on its part and other party commences legal proceedings to enforce any
of the terms of this Agreement or to terminate this Agreement, the prevailing party in any suit shall
receive from the other a reasonable sum as Attorney's fees and costs as may be established by the
Court.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
December 31 , 1991.
APPROVED AS TO FORM: DESERT WATER AGENCY
k)7bt.e.!%,WA1 ✓cl J j AX By(
Counsel for k6k H. Oberle
Desert Water Agency i General Manager
`,
ATTEST:
sly A. cKen2ie
Assistant Secretary
(Seal)
APPROVED AS
TO FORM: CI*Robe
By
Counse for rkins
City of Palm Springs ger
ATTEST:
t,
By: t
City-Glerk
(Seal)
CI01/J12/116A0REE
12/18/91
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RAMON ROAD
CALLER/CARDO [
1
CAL LE DE CARLOS
CAMINO PAROCELA 1
CAMINO SAN SIMEON I
a CAMINO SAN MIGUEL +I
SUNNY DUNES ROAD
it
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S O = 4 W� w W
NW 1/4, SEC. 19, T4S, R5E, SBM
LEGEND
-- LIMITS OF STREET IMPROVEMENTS FOR AD 157
WITHIN NW1/4 OF SAID SECTION 19
WATER FACILITY IMPROVEMENTS
- DESERT WATER AGENCY
Kvmcm PRCPARED BY:
=�%e�T�vun�T EXHIBIT "All
INCORPORATED
3602 University Av . Riverside,C4 92501 . 714-(>64.6900
This Pbl 1..o1.11.n.Id In bcahp th.P.rc NO,)d..,,W.d In th..11.ch.d d um.M h I..1.p.rl of Wdll. D.scdpllon th.rmn
SCALE DATE 70/15/91 DRAWN BY 9B CHECKED SY NO WO 101'12.119 FIGURE
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�� ,• «,' . 'yf:•.' ',t�l•. .•1'�L';,'ll ; I •• �,-.@ F r r '- riilJ• i� .p, •4', .'q'•
' t','3' -,�f t ,. $ l , ti"4'' d;.,'r , i:��S .a,. •p ..
.`;. IIAi*1 A I A S S FfTDi REPLACEMENTPIPELINM
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ITEM DF—SCRTPTION QUANTITY UNIT [SNIT PRICE AMOUNT
F�
V,
101 Trench protection (sharing or sloping) is accordaocc with OSHA Standards
for ail trenchos greater than 5 feet in depth.
MIA L.S, $ �✓�' $ 5C6 f p7
102 8" Class 50 daclilo iron pipe and fittings (Mountain View Drivo'.Slatiens
1 0+47.00 to 6+22.00,EI Placer Bond Stations 3+30.O0 to 1.2+77,00, Calte Dc
Ricardo Stations 0+67.00 to 13+36,10, Cailo Do Carlos Stations 0+07,00 to `
13+36,42, Camino Parocela Stn(ions 8+1141 to 21+42,10, Pasco Dom(aa
Stations 1+15.00 to 12+75,00, Camino Sun Simeon Stations 0+07.00 to
13+37,05, mtd Camino San Miguel Stations 6+40.00 to 13+37,54), u
8,698 L.F. -^ . 9 f `i7j 944
103. Conne00611 to existing system perDetail :"A" Sheet No,:11=4'(hioantain`.
View Drive Stations 6 r22,00 to 6+37t, F,1 Placer Roar{ Station's 12-k77'0010 „; r;:,;; _•. .,
12+921--, Pasco Dorotca Stations 12+75.00 to 12+90,F), ti
3 EACH $ 9560 $ 2400 `' r
40 104 8" flanged resilient seated
' Winn g'Tonn ,,:,..- ,�- Fate valve inslnllation 'pee Standard Drnw]ng �,'.•;;�:' ',, ,c;.,t:;''i.;'.'r".• : " �
M fain r,c,v, Drive Station 0+4'7.00, E1,Plaeer:Raad Slalices` r„'',.:•,`,S;rr',,,n;,_ ` :' . - '•
6+61,90 (4 valves) and 3+30,00, Calle Do Ricardo Stations 0+07,00 and
131-36,10, Calla De Carlos Stations 0+07,00 and 13+36,42, Pasco Doro(ea
Stations 6+60.57 (4 valves) ewd 1•t-15,00, Camino San Sh=oa'Stations
Ci 07,00 and 13+37,06,Camino San Miguel Stations f440.00 and 13+37,54),
19 LrACIi Sa
105 6" fire hydrant installation (Fire Hydrflnt Run r,
Drawing W112, excluding fire hydrant including removal snd.roplacement,!. •,;;: ;1 ;7'.r
of curb and gutter'whoro xequired (El Pi"cor Road (2), C,alle,Do CaTlos,
Camino Paroccla,Pasco Dorotea(2),mul Camino Sou Simeon),., .
'k BACH
106 611 rire hydrant installation (Tiro Hydrant Run 25'�E) pot Slandardt'Dmvfhg
W112(Pasco Dorotaa).
' SI'I•.t.,'? .1r , r.
.F. EACH, "
107 1 'sorviccin stall ation(So rviceRdn'13t porSlandardlIrTwtn '4V12fi �4,,:a.c",I' iu'1:4i.0:r„p ,• `",
CH
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EXHIBITB
"ilr 1 :�'�:. ��L: � �µ•- r �r ro
,,,�,�.:LY:7. 'I..
;S{., , �,l'Jdr:,:.z� .f...G. �4i `'� �i. IE:• - .a+'r,, ��:i�yp..,,.. ;,,LL:-' .i> 6S�{�'_ ;.,i.,l^„i.'•
`T_ 11 .I: `I . :!: .-};.- Y{ ., ,Iu. pr�'i. i'.1.��.. "tr.{li avf,.iLt.� _'tl'�I:i•�t't.�.aa•;.i -
LTE N TE ID I3lD $n' 'i 'IN—'S" P I411.,!,.;p;
CONSTRUCT (FURNISH AND INSTALL)ASSESSMENT DISTRICT 157,8"'REPLkrw, 1T rik" INl'S' o
ITEM DESCRIMON QUANTITY ' UNIT UNIT PRICE A11TOUNT
dL
108 1"'service inslallatiori (Service Run 13'}) par Standard Drawing W126 to . :.: .7s1; ,i : ..: ......r';'
vacant lot.
" ry 1n S rvice 'Run 13'a� ar Standard:Dmwing.�'++12G,`:� ".�"±11 I., �+
109 ]
sc ice.3nsi'. : , ,i:;�i)•'}i �s&,';,,,��'"'
including removal and n placemcnt of existing curb and gorier or railed curs.;}s,, 't,1, + :'a:': •;t'I••i:;.':,; .....
i' .?
lo- »' EACH' � :sue
110 ._ 1" service install±ition (Service Run 27'+) Per Staodard.Drawing
includin g removal and ro lacemonl a€cxistur curb and gulter and as rralt::i^;;;'a"• :•S I
concreto pavement(Li Placer Road). `'j. i,•..
lt:r i 3 GACIr' ' $' �t� 027� s ' (7C>b
111 I"service insiallati6n(Service Run 27' )Per Standard Drawi,i 'W'126:; '" :
33'• I3FtiCPI '.'. ,.$- DQ $ f>d
!� 112 1" service installation (Service Run 27'±) per Standard Drawing W126 to
p vacant lot. 'i:, •' :i�:. I,i ,..1 ' 'i -t,, i,•:(:'ir i' ''• S'i l .; _ .. r r.
9 ac 13AC1I i'" $, ✓`�2� ''y,;' $ 1'�cb
113 1" aervica. inslnllai[ori{Service Run 27'1} 'pc',Standard Drawing-W126,;i, ,'i.;•+f; +d;' i . : . I
including removal and replawinont of existing.curS and gutter or rolled curb,a(,
114 2"service insin1laliori1(Serviee Run 20±)per Standard Drawing W127,..,`-s
j.' EA 75�
'.' .
lip,115 41' nanged 'rosllierd soated gate valve•9n's1n111aliva per Standard ,Dra+t9hg`.'„'
W109(Pasco Dorwoe ).
.I. 1 , '''''EACH _ $ �✓f' '$ 7
11G 1"air valve install e ion per Standard Draiwing W11 "'"'- Ilu ' { `i
ry v :t p S 7, ;,,• ,1;1'^ i„ : 'I:a'. ' ; ir
.'$: I.L - 004> {{,
EXHIBIT °B"
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hi TF.R}1A �FtPD'SC474
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CONSTRUCT(FURHISII'AND INSTALL) ASSESS10ENT 9WRICT 157,8" R' PLACEKIENT PIP1':L NES
BID ITEM SCf FDULE SUMMARY •TOTAL BID(Sum of Bid Items 101 through 116) "
Ll/O S�UrVI�I' rwo Tf3'o4ry4,-yP Nlyy fi{qft1yn;g�Few;1 ,
(Words) (Figures)
FINAL BID AMOUNT REDUCTION(LAST MIN UTEADJUS'IMENP,IrANY)i't,
(Words) (Figores}
NET BID a..
(SUM LESS REDUCCION)t I'r .'?'• ,
f+�U/�/// 'roIZ y L fo ,a'/�1�.�f,Ff y �r ? J%�r f✓X` X1r t'!;�'!1,';:';;''1 Dollars - $' 2, �}G
(Words) (Figures) ;
Bidder hereby acknowledges that all bid prices iiiclljde any amounts payable by Owner for taxes by reason W contract whigh may resin t roposal,
B)1 e s Authorized Representative
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'ASSES SMENI'DISTRICT NO, 157 "'x)'., :'I' 'If : f F+ ':'i` ±. r
The Aswssnont District No, 157 will comprise bath the'Baeo Bid Schcdula,consisting of street improvements;and;the Aitemate Bid Schedule "A",consisting
of valor improvements(requested by Desort Water Agoricy), i
crt Water Agency retains the right to doletc'41
1
e Altcrnrntc Bid Schedule "A" in its'entirely•finm the propusal,',TEre'contrac[may therefore be awarded to the
est responsible bidder solely on the basis of the Daso'13fd Schedule.
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EXHIBIT „ „ ,.•