Loading...
HomeMy WebLinkAbout06 WICK IRRIG. SYSTEM 01-22-02AG E N DA R E P O RT NO. 6 01-22-02 400-65 TO' WILLIAM A. HUSTON, CITY MANAGER FROM' PUBLIC WORKS DEPARTMENT/FIELD SERVICES -:,,: SUBJECT: RATIFICATION OF THE REVISED REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER DISTRICT FOR THE INSTALLATION OF WICK IRRIGATION SYSTEM ON JAMBOREE ROAD SUMMARY Ratification of the revised ReimburSement Agreement with the Irvine Ranch Water DiStrict (IRWD) will allow the agencies to proceed with the design and installation of the WICK Irrigation System on Jamboree Road. RECOMMENDATION It is recommended that the City Council ratify the revised Reimbursement Agreement with the IRWD'for the installation of the WICK Irrigation System on Jamboree Road and authorize the Mayor and the City Clerk to execute the document. FISCAL IMPACT There will be no additional cost as a result of the revisions. The construction cost associated with the modification of the existing irrigation is still estimated to be $25,000. This cost will be shared 50/50 by the City of Tustin and the I RWD. BACKGROUND On September 4, 2001, the City Council approved the Reimbursement Agreement between the City of Tustin and the Irvine Ranch Water District for the installation of the WICK Irrigation System on Jamboree Road. Since September 4, 2001, the attorneys for the City of Tustin and the Irvine Ranch Water District have revisited the agreement based on a request from IRWD's attorney before signing the agreement and have recommended verbage modification to the Indemnity Section of the agreement to protect the rights of both entities. The revised agreement has been executed by IRWD and is ready for the City of Tustin's execution upon ratification of the revisions by the City Council. Tim D. Serlet Director of Public Works/City Engineer Wisam Altowaiji Field Services Manager Attachment File No. REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF TUSTIN FOR THE CONSTRUCTION OF PROJECT NO. 1538 (Tustin Code) This Agreement is made and entered into this day of .... ,20 by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to Cal.'ffomia Water District Law, hereinafter referred to as "DISTRICT", and the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY". WHE~S, as part of its Wick Irrigation retrofit, CITy proposes to construct certain improvements in the vicinity of Jamboree Road median in the City of Tustin, County of Orange (the" WICK IRRIGATION IMPROVEMENTS" as depicted in Exhibit "A"); and WHIEREAS, to serve property within_CITY, DISTRICT desires to participate in WICK IRRIGATION IMPROVEMENTS in the City of Tustin, County of Orange, all of which is within the boundaries of DISTRICT, the general location of which is depicted on Exhibit "A" attached hereto and incorporated by reference herein; and WH]EREAS, the parties have determined that it would be more efficient for CITY to construct WICK IRRIGATION IMPROVerS rather than for DISTRICT to do so; and WHEREAS, DISTRICT is amenable to the construction of WICK IRRIGATION IMPROVEMENTS by CITY at the estimated cost of $25,000, 50% of which cost (not to exceed $12,500) is to be reimbursed by DISTRICT after the work is completed and Wt~REAS, except as otherwise provided herein, the WICK IRRIGATION IMPROVEMENTS shall be the property of CITY in accordance with the terms and conditions hereinafter set forth. " -1- NOW, TStEREFORE, the parties hereto, in consideration of the mutual promises and covenants hereinafter set forth, do agree as follows: SECTION 1. CITY agrees to initiate and pursue to completion, the construction of the WICK IRRIGATION IMPROVEMENT and DISTRICT agrees to cooperate with the CITY with respect to the construction and schedules for completion of WICK IRRIGATION IMPROVEMENT SECTION 2. CITY agrees that WICK IRRIGATION IMPROVEM~ENTS shall be completed pursuant to DISTRICT approved plans and specifications (the "Plans and Specifications") which shall be supplied to CITY by the DISTRICT'S CONSULTANT. The DISTRICT will retain a CONSULTANT, at the district's expense, to provide the plans and specifications which shall be approved by the CITY prior to installation. SECTION 3. The parties agree that the construction of WICK IRRIGATION IMPROVEMENTS shall be bid as a separate item or items that can be deleted. Upon opening of bids by the CITY, CITY will submit the bid results to DISTRICT for review. CITY agrees that bids received for the construction of WICK IRRIGATION IMPROVEMENTS shall be subject to the approval of DISTRICT prior to award of the construction contract for WICK IRRIGATION IMPROVerS; and further agrees that in the event DISTRICT does not approve such bids, this Agreement may be terminated by either party. DISTRICT shall have a period of fifteen (!5) calendar days for review of the bid results and approval of the successful bidder. Upon award of the construction contract, CITY shall provide DISTRICT with one (1) original copy of the fully executed contract documents and a copy of the bid forms. CITY shall also promptly furnish DISTRICT with copies of any proposed change orders to such contract within five (5) working days of CITY's receipt of such change order, which shall be subject to DISTRICT approval if and to the extent any of WICK IRRIGATION IMPROVEMENTS are affected thereby, which approval shall not be unreasonably withheld. SECTION 4. CITY agrees that if any revision during design or construction is requested by CITY to the Plans and Specifications approved pursuant to Section 3 hereof for WICK IRRIGATION IMPROVEMENTS would increase the actual cost above $25,000, such increased costs shall be borne by CITY, and shall not be reimbursed by DISTRICT. The cost of any revisions requested by DISTRICT shall be reimbursed by DISTRICT, if the actual costs exceed $25,o00. -2- SECTION 5. DISTRICT intends to pay costs to the CITY from DISTRICT'S Water Conservation budget, but if such funds are not available or insufficient therefor, DISTRICT shall pay the same without offset or reduction from other sources within the time frame set forth below. SECTION 6. At the time.of completion and approval by DISTRICT of WICK IRRIGATION IMPROVEMENTS, CITY agrees to furnish DISTRICT with three (3) copies of blueline "as-built" drawings. SECTION 7. Separate accounts shall be kept for all amounts expended by CITY in relation to WICK IRRIGATION IMPROVEMENTS. DISTRICT shall reimburse CITY the amount of invoice fora construction progress payment submitted by CITY to DISTRICT within thirty (30) days following receipt from CITY of each invoice. Within sixty (60) days of DISTRICT approval as provided in Section 6 of WICK IRRIGATION IMPROVEMENTS, a final accounting of the actual costs of all items associated with construction ("Costs") shall be made by CITY, excluding the total cost of the preparation of this Agreement. DISTRICT agrees to pay to CITY within thirty (30) days of said final accounting, total Costs due up to a project total of $12,500. Nothing in this section is intended to ~hange City or District's obligations under Section 4. SECTION 8. CITY will cause its contractor for WICK IRRIGATION IMPROVerS to guarantee WICK IRRIGATION IMPROVEMENTS against defects in workmanship and materials for a period of one (1) year from the date of acceptance by CITY, which acceptance shall depend upon approval by DISTRICT, which approval shall not be unreasonably withheld. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY contractors or material manufacturers with respect to WICK IRRIGATION IMPROVEMENTS. The guarantee and obligations under this section shall in no way be relieved by DISTRICT or CITY inspection and/or approval of WICK IRRIGATION IMPROVEMENTS. SECTION 9. CITY shall assume the responsibility that WICK IRRIGATION IMPROVEMENTS shall be brought or restored to full compliance with the requirements of the Plans and Specifications including any test requirements for any portion of WICK IRRIGATION IMPROVEMENTS which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. SECTION 10. CITY shall indemnify, defend and hold DISTRICT, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, -3- damage or expense to persons or property which may arise or is claimed to have arisen, as a result of CITY'S negligence or willful misconduct in connection with this agreement, save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any active willful misconduct or negligence of DISTRICT, its officers, agents, emplOyees or engineers or by any act or omission for which DISTRICT, its officers, agents, employees or engineers are liable without fault. DISTRICT shall indemnify, defend and hold CITY, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss or damage to person or property which may arise or is claimed to have arisen as a result of DISTRICT'S negligence or willful misconduct in connection with this agreement, save and except to the extent such expense, liability or claim is proximately caused in whole or in part by any active willful misconduct or negligence of CITY, its .officers, agents, and employees, or byany act or omission for which CITY, its officers, agents, and employees are liable without fault. SECTION 11. CITY shall cause its contractors to provide performance and payment bonds for the construction of WICK IRRIGATION IMPROVEMENTS and to obtain insurance · coverage sufficiently broad to insure the matters set forth in this Agreement and to include DISTRICT as an additional insured on all insurance policies that CITY requires its contractors to provide. As evidence of such insurance coverage, CITY shall, prior to commencement of construction of WICK IRRIGATION IMPROVerS, provide DISTRICT a certificate of insurance in a form attached hereto as Exhibit "B" and incorporated by reference herein. SECTION 12. DISTRICT shall have the right to terminate this Agreement in accordance with section 3, which is prior to award of contract by CITY. If at the request or direction of a party other than CITY, including DISTRICT, WICK IRRIGATION IMPROVEMENTS construction is not accomplished or completed, DISTRICT shall remain obligated for the actual amount of the Costs incurred by CITY to the date of termination of construction. SECTION 13. Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty-four (24) hours after being deposited in the U.S. Marl, postage prepaid, registered or certified and addressed as follows' DISTRICT: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92718 Arm: General Manager -4- The City of Tustin 300 Centennial Way Tustin, CA 92680 Attn: Director of Public Works SECTION !4. This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and DISTRICT. This Agreement constitutes the entire Agreement between CITY and DISTRICT and supercedes all prior understandings and agreements between the parties with respect to the subjects hereof. This Agreement may be only modified in writing signed by both parties hereto. SECTION 15. In the event of any declaratory or other 'legal or equitable action instituted between CITY and DISTRICT in connection with this Agreement, the prevailing party shall be entitled to recover from '.the losing party .all of its costs and expenses, including court costs and reasonable attorneys' fees. SECTION 16. Any approval required to be given by either party pursuant.to this Agreement, shall be deemed given if no response to the party's request for such apprOval is received by the requesting party within fifteen (15) days following the request for such approval. · IN WITNESS WHEREOF, the parties to the Agreement have executed this Agreement on the date hereinabove written. IRVINE RANCH WATER DISTRICT By f,~~,, Geperal Mana~~J ATFEST: '"Se-c%tYry'/AsSisth~nt'Seci~etary- -- Dated /'2/2-~5"/~ /. Dated_. /~"/~.~,/P')/ APPROVED AS TO FORM: By . ~.~.,~../- ~ ..-' Le~~/,~ounsel, IRWD -5- Dated CITY OF TUSTIN Mayor Dated A2'TgST: By City C'le/k ...... Dated APPROVED AS TO FORM: City Attorney for City of Tustin By., Dated --_- -6- ,k X P, OlO/OII 1f'3t P, Oll/OII to: CITY OF TUSTIN P.O. Box 1089 Tustiu, CA 92781-1089 · CITY OF TUSTLN CERTIFICATION OF INS~CE AND DES[GNAT[ON OF NAILED ADDITIONAL INSURED NAIV{~ AND A.DDIL~SS OF [H$1,JI~D CONTRACTOR: NO MODII:'ICA TIONS OR ADDITIONS' MA Y ~I:; MAD&' 20 TIffS FORM PROIECT: NAME AND ADDILESS 'OF IHSUIL~NC£ AGENCY: EXHIBIT 'B' . COMPANY Lgl'rEl~, B: , _ _ ,_,,, .... COM~PANY LETTER C: , COMPAlq~ LETTER D: , ---.. COMPANY LETTER B: COMYAN~ LETTER F: - , ,,, ,,, TI~ c~mfi~ mat tbe policim ori-nsm.~c~ listed t~o~'iiuvc bce Tuatin is uumcd ns sn addi~ionssi ir, suxcd ti,erin ~ r~pe~ claims arisinB in conn~tioti witli the Pi'oject mncd above and that such in~urttncc NAIC # ~ i~Uud lo d~e h~surCd n,';r:uc above, ,re in force dt-th~iime,- tli.:it the City bi ....... Co. ., Ltr ....... [._b~'p__~_ of' ln.{,,r-',,Lc5 . i GEblEI:L, kL LIABILITY [ ] Commercial ., Ocncml Li~,bi'iity [ ] 0ccurr~cc Yausis [ J Owner's & Contruc~r'.s Pro~ccfivc [ ] Bro~ ~orm Prop. [ ! Explosion, Coll~.~,, Undcrsrou,~ / .Au'roNIOBILE LI.,~llLTr~ .... [ ] ^110ward ^ulos [ ] $cl~uledAutos [ ] I.~r~Autos [ ] Ourasc Liubili~ , . ' ~XC&~a ~ua'rq [ ] Umbrd.la ~o~ [ .] Otl~er Umbrella .... wo~'s-eo~.~6NsA¥ioN '- ~D E~LO~R'S _ O~.I~R ........... eholl be pri,,,,at,y with,,r,~Vcct to any o!t?;r_ imurunu, c.in [oreo orocurcd by City. Policy Numb~ , '-'Policy ~ffm:tive Dat, :_I!xpiraliou Date Ocucral Aggregate , l"rods. Comp/Ops Pets, & Advg Lnj.ry B,~h Occ.rr~nce Fh'c Daml~c (Any?nc Yit:) (A,ny Ou? I'~so~).)_~. CSL Botli'ly h,jury tS'~ P.e.rso..n,!, . , Bodily lnju~ ....... , .... Pr~rty .... ~C~ OC~K~NC~ ~TATOTOI(Y ..... ..... $ AGGR,EGATE $ Buch ACcident Disease-Policy Limit Disease-Each Ert,plo~,c~. ii ~le iasuiug c~pmy will give tl~r~.(3O) days ~ttm notice m flit Ci~ ol'~sdn prior m modificafi~ ~ cancellation and/or tn cm'e ~fm,y downgrtMe by B~t~ DATE ISSUED: J~uthmired Rep,.¢.scntadve bt'tnt ~bo~-~--nsm~c'd'in.sur~.~c ~ornpany(ics)