HomeMy WebLinkAbout16 REIMBURSEMENT AGREEMENT W IRWDMEETING DATE: JUNE 5, 2012
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CITY MANAGER'S OFFICE AND PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH
WATER DISTRICT AND THE CITY OF TUSTIN FOR CAPITAL DOMESTIC
WATER, SEWER AND RECLAIMED WATER PIPELINES FOR THE TUSTIN
RANCH ROAD, VALENCIA AVENUE, PARK AVENUE, AND LEGACY ROAD
PH. 2 ROADWAY IMPROVEMENTS CONSTRUCTION PROJECT CIP NOS.
70100, 70204, 70206, 70214, & 70215 AND FOR THE DESIGN ONLY IN
WARNER AVENUE AND SOUTH LOOP ROAD CIP NOS. 70202 and 70216
SUMMARY
The proposed Agreement between the City of Tustin and the Irvine Ranch Water District (IRWD)
outlines each agency's responsibilities for the design and construction of IRWD capital facilities as
part of the Tustin Ranch Road, Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway
Improvements Construction Project (CIP No.'s 70100, 70204, 70206, 70214, & 70215) and for the
design only of IRWD capital facilities in Warner Avenue and South Loop Road (CIP No.'s 70202
and 70216).
RECOMMENDATION
Approve the Reimbursement Agreement between the Irvine Ranch Water District and the City of
Tustin for Domestic Water, Sewer and Reclaimed Water Pipelines in Tustin Ranch Road, Valencia
Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway Improvements Construction Project (CIP
No.'s 70100, 70204, 70206, 70214, & 70215) and for the design only of IRWD capital facilities in
Warner Avenue and South Loop Road (CIP No.'s 70202 and 70216) and authorize the Mayor and
City Clerk to execute the Agreement on behalf of the City.
FISCAL IMPACT
The Engineer's estimate to construct the IRWD facilities is $2,400,000. Pursuant to the proposed
agreement, actual project costs will be reimbursed by the Irvine Ranch Water District. A project
contingency is also set aside for technical services, field engineering, and unforeseen conditions
that may occur during construction. A 4% administration fee will also be reimbursed by IRWD for
the City's administrative oversight of the contract, based upon actual cost of facilities constructed.
Reimbursement will be made in the form of progress payments as work is completed for IRWD
facilities.
DISCUSSION
The proposed Tustin Ranch Road Phase 2 Project will construct street, traffic signal, parkway,
sidewalk, catch basins, water, reclaimed water, and sewer infrastructure improvements in Tustin
Approval of Reimbursement Agreement with IRWD for Tustin Legacy Facilities
June 5, 2012
Page 2
Ranch Road between Warner Avenue and Walnut Avenue, Valencia Avenue between Kensington
Park Drive and Tustin Ranch Road, Park Avenue between the Jamboree off ramp at Warner
Avenue and Legacy Road, and Legacy Road between Tustin Ranch Road and Park Avenue.
Backbone dry utilities, including gas, electric, telephone and cable, will be constructed
underground in conjunction with all street improvements.
The Agreement requires IRWD to reimburse the City for the actual costs of design, construction,
permits, bonds, and legal fees incurred by the City for the design and construction of the IRWD
facilities for the subject roadways. Additionally, IRWD is to pay an administration fee equal to 4%
of the actual cost of construction of the IRWD facilities, which shall be deemed to cover all costs of
project administration including accounting, inspection, construction administration, submittal
review, permits and rights-of-way, surveying, geotechnical services, bonds, and insurance.
Approval of the subject Agreement is required in order for the City to be reimbursed by IRWD for
the design and installation of their capital facilities in conjunction with the Tustin Ranch Road,
Valencia Avenue, Park Avenue, and Legacy Road Ph. 2 Roadway Improvements Construction
Project (CIP No.'s 70100, 70204, 70206, 70214, & 70215), as well as to be reimbursed by IRWD
for the design of their capital facilities within Warner Avenue and South Loop Road (CIP No.'s
70202 and 70216). The IRWD Board of Directors approved this Agreement at their April 23, 2012
meeting. This agreement has been reviewed and approved as to form by the City Attorney.
Christine Shingleton
Assistant Executive Director-
#
D6ugfps 8 Stack, P.E.
Prectp'r
, OPublic Works/City Engineer
Attachment: Reimbursement Agreement between IRWD and City of
S:\City Council Items\2012 Council Items\Approval Of Reimbursement Agreement with IRWD For Design and Construction of
Capital Facilities In Tustin Legacy.docx
File No. 11379 (1047)
REIMBURSEMENT AGREEMENT BETWEEN
IRVINE RANCH WATER DISTRICT
AND THE CITY OF TUSTIN
FOR
A VARIETY OF IRWD FACILITIES RELATED TO THE
TUSTIN RANCH ROAD PROJECT (CIP 70100, 70204, 70206, 70214, & 70215) BETWEEN
WARNER AVENUE AND WALNUT AVENUE, INCLUDING VALENCIA ROAD
BETWEEN KENSINGTON PARK AVENUE AND TUSTIN RANCH ROAD, LEGACY
ROAD BETWEEN TUSTIN RANCH ROAD AND PARK AVENUE, PARK AVENUE
BETWEEN WARNER AVENUE AND LEGACY ROAD, WARNER AVENUE BETWEEN
ARMSTRONG AVENUE AND TUSTIN RANCH ROAD (CEP 70202) AND SOUTH LOOP
ROAD BETWEEN ARMSTRONG AVENUE AND TUSTIN RANCH ROAD (CIP 70216)
This Agreement is made and entered into as of this day of ,
20_, by and between IRVINE RANCH WATER DISTRICT ( "DISTRICT "), a California water
district formed and existing pursuant to the California Water District Law of the State of
California, and THE CITY OF TUSTIN ( "TUSTIN "), a public body, corporate and politic.
WITNESSETH:
WHEREAS, TUSTIN and The City of Tustin as Successor Agency to the Tustin
Community Redevelopment Agency ( "SUCCESSOR AGENCY ") ( TUSTIN and SUCCESSOR
AGENCY are collectively referred to herein as "CITY ") propose to construct street and utility
improvements for Tustin Ranch Road between Warner Avenue and Walnut Avenue, for Valencia
Road between Kensington Park Avenue and Tustin Ranch Road, for Park Avenue between
Warner Avenue and Legacy Road, and for Legacy Road between Tustin Ranch Road and Park
Avenue (the "Project "), within the jurisdictional boundaries of DISTRICT and TUSTIN; and
WHEREAS, prior to or in conjunction with CITY's construction of the Project, IRWD
desires that TUSTIN cause to be designed and constructed, within or adjacent to the street
improvements that comprise the Project, those certain capital facilities and appurtenances
described in more detail on Exhibit "A" and generally depicted on Exhibit "B" attached hereto
and incorporated by reference herein which consist generally of the following: approximately
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7,600 lineal feet (LF) of 12 -inch domestic water pipeline; 3,200 LF of 12 -inch, 560 LF of 15-
inch, 1,100 LF of 18-inch, and 250 LF of 20 -inch sewer pipeline; 15,160 LF of 6 -inch and 600
LF of 16 -inch reclaimed water pipeline; abandonment/demolition of a temporary sewer lift
station on the north side of Valencia Road (hereinafter referred to as the "IRWD FACILITIES ");
and
WHEREAS, the parties have determined that it would be more expedient for TUSTIN to
cause the design and construction of the IRWD FACILITIES rather than the DISTRICT; and
WHEREAS, DISTRICT is amenable to the design and construction of the IRWD
FACILITIES by CITY, at the cost of TUSTIN, which cost is to be reimbursed by DISTRICT;
and
WHEREAS, except as otherwise provided herein, upon the completion of the IRWD
FACILITIES, the IRWD FACILITIES shall become the property of DISTRICT in accordance
with the terms and conditions hereinafter set forth.
NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and
covenants hereinafter set forth, do agree as follows:
SECTION 1 . The IRWD FACILITIES In conjunction with the Project, TUSTIN agrees
to cause CITY to initiate and diligently pursue to completion the design and construction of the
IRWD FACILITIES through one or more contracts to be awarded by CITY for the Project.
SECTION 2 . PLANS TUSTIN shall cause the IRWD FACILITIES to be constructed by
CITY in conjunction with the Project pursuant to plans prepared by CITY's design engineer.
TUSTIN agrees to submit or cause to be submitted all project plans and specifications and all
bidding documents to DISTRICT at least fifteen (15) days prior to advertisement for bids for the
Project, and agrees to ensure that such advertisement by CITY shall not commence until
DISTRICT has given its written approval of the plans, specifications and bidding documents
pertaining to the IRWD FACILITIES. DISTRICT shall have five (5) calendar days from its
receipt of the plans, specifications and bidding documents pertaining to the IRWD FACILITIES
to review them and indicate approval or request changes, and the parties shall cooperate in good
faith to address such requests. TUSTIN agrees to cause the IRWD FACILITIES to be completed
pursuant to such approved project plans and specifications pertaining to the IRWD FACILITIES
(the "Plans and Specifications "). The Plans and Specifications shall be deemed to incorporate
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the applicable portions of DISTRICT's latest edition of "Construction Manual for the
Construction of Water, Sewer, and Reclaimed Water Facilities" (the "Construction Manual ").
The costs associated with the design of the Plans and Specifications shall be on a time -and-
material basis for services and are currently estimated at $207,340, as shown on Exhibit "C"
attached hereto, subject to adjustment for actual costs incurred by TUSTIN for the design
services, including design services required in connection with any approved design revisions
and change orders approved as specified in Section 4.
SECTION 3 . BIDDING AND AWARD The parties agree that TUSTIN shall cause the
construction of the IRWD FACILITIES to be included in CITY's contract(s) awarded for the
Project and that the IRWD FACILITIES in each such contract shall be bid as a separate item or
items that can be deleted. During the bidding process, TUSTIN shall deliver or cause to be
delivered to IRWD one (1) complete set of the bid documents that include the IRWD
FACILITIES, including all related addenda concurrently with the distribution thereof to
prospective bidders. Upon opening of bids by CITY, TUSTIN will submit or cause to be
submitted the bids or a spread sheet summary of the bids to DISTRICT. TUSTIN shall ensure
that DISTRICT will have a period of ten (10) calendar days from its receipt of the bid results for
review and approval of the IRWD FACILITIES bid item(s) submitted by the bidder identified to
DISTRICT by TUSTIN as CITY's proposed successful bidder. TUSTIN agrees to ensure that
bids received for the construction of the IRWD FACILITIES bid item(s) shall be subject to the
approval of DISTRICT prior to CITY's award of the Project construction contract(s) that include
the IRWD FACILITIES; and further agrees that in the event DISTRICT does not approve such
bids within the time permitted for DISTRICT's review and approval above, either party may
terminate this Agreement upon twenty -four (24) hours' prior written notice, in which event
TUSTIN shall have no further obligation to cause the construction of the IRWD FACILITIES,
and DISTRICT shall install the IRWD FACILITIES with its own contractor in conjunction with
and in cooperation with CITY's Project and within timeframes that TUSTIN shall cause to be
provided by CITY. In such event TUSTIN shall be obligated to ensure that CITY provides
reasonable construction windows and site access for DISTRICT's contractors. If DISTRICT
approves of the IRWD FACILITIES bid item(s) of CITY's successful bidder, TUSTIN agrees to
cause the IRWD FACILITIES to be constructed as part of the CITY's contract awarded to such
bidder, except that the parties acknowledge that CITY retains the right to reject all bids and not
award a contract for the Project or the IRWD FACILITIES. The total engineer's estimate of
construction cost for the IRWD FACILITIES, excluding design costs identified in Section 2, is
$3,038,750, as shown on Exhibit "D" attached hereto; provided, however, the amount to be
reimbursed by DISTRICT shall be based on the actual costs of construction. Upon award of the
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construction contract, TUSTIN shall provide or cause to be provided to DISTRICT one (1)
original copy of the fully executed contract documents and one (1) copy of the bid package
relating to the IRWD FACILITIES received from the successful bidder.
SECTION 4 . DESIGN REVISIONS AND CONSTRUCTION CHANGE ORDERS.
TUSTIN and DISTRICT agree that if, during design or construction, CITY or TUSTIN requests
or initiates any revision to the Plans and Specifications, then the cost of any such revision shall
be borne by TUSTIN and shall not be reimbursed by DISTRICT, unless such revision and
additional costs are necessary to construct the IRWD FACILITIES in accordance with the
Construction Manual and not for the benefit of any third party, could not reasonably have been
foreseen at the time of advertisement for bids for the Project and prior written approval thereof
has been given by DISTRICT. DISTRICT shall reimburse TUSTIN for the cost of any revisions
requested or initiated by DISTRICT. TUSTIN shall promptly furnish or cause to be furnished to
DISTRICT copies of any proposed design revisions and construction change orders to the Project
contract within five (5) working days of initiation of changed conditions to such contract, which
design revisions and change orders shall be subject to DISTRICT approval if and to the extent
any of the IRWD FACILITIES are affected thereby. DISTRICT will review and respond to
TUSTIN concerning proposed design revisions and construction change orders affecting the
IRWD FACILITIES within five (5) working days of receipt by DISTRICT. A design revision or
construction change order or increase in the quantity of any unit price item over the bid quantity
involving the IRWD FACILITIES shall be considered null and void for purposes of
reimbursement hereunder unless approved in writing by both IRWD and TUSTIN authorized
representatives. Nothing in this Agreement shall require IRWD to reimburse TUSTIN or CITY
for any design or construction costs that are incurred as a result of or to correct design errors or
omissions or faulty work of the contractor or other parties retained by TUSTIN or CITY, and
TUSTIN shall be responsible for recovering such costs from the applicable parties.
SECTION 5 . REIMBURSEMENT DISTRICT agrees to reimburse TUSTIN for the
following costs (collectively, the "Costs "): (1) the actual costs of design and construction
incurred by TUSTIN for the design and construction of the IRWD FACILITIES, including any
project revisions and construction change orders that are reimbursable in accordance with
Section 4 and a pro -rata share of Contract Item Number 1 (Mobilization) corresponding to the
IRWD FACILITIES bid schedule costs in proportion to all Project bid schedule costs, plus (2) an
administration fee which shall be equal to four percent (4 %) of the actual cost of construction
(actual cost of construction is defined as costs paid directly to CITY's contractor for construction
only, excluding any cost for design, surveying, geotechnical or other work) of the IRWD
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FACILITIES. The administration fee shall be deemed to cover all costs of the IRWD
FACILITIES project administration including, but not limited to, accounting, inspection,
construction administration, submittal review, permits and rights -of way, surveying,
geotechnical, bonds, insurance, and all other items not specifically included in the bid schedules
for the IRWD FACILITIES. TUSTIN shall keep a separate accounting of all Costs incurred by
TUSTIN in relation to the IRWD FACILITIES.
Within thirty (30) days following receipt by DISTRICT of a contractor invoice for
DISTRICT's portion of a construction progress payment on a certified form provided by the
contractor to TUSTIN, accompanied by supporting documentation as may be necessary to show
the amounts which represent Costs of the IRWD FACILITIES, DISTRICT shall provide a
progress payment to TUSTIN. As part security for the fulfillment of the obligations under this
Agreement for construction of the IRWD FACILITIES, TUSTIN will ensure that CITY retains,
from progress payments made to the contractor, 10 %, or the maximum percentage permitted by
law, of such estimated value from each progress payment requested.
Within sixty (60) days of DISTRICT's acceptance of the IRWD FACILITIES as provided
in Section 8, and filing a notice of completion, a final accounting of the Costs shall be made by
TUSTIN and submitted to DISTRICT as a final invoice for the remaining Costs so found to be
due after deducting therefrom all previous payments and shall include any supporting
documentation necessary to show the amounts which represent remaining Costs of the IRWD
FACILITIES. Within thirty (30) days of said final accounting, DISTRICT agrees to pay to
TUSTIN the total amount of the remaining Costs. Within thirty (30) days of said final
accounting, DISTRICT agrees to pay to TUSTIN the total amount of the Costs, less previous
progress payments made by DISTRICT pursuant to the preceding paragraph. If the total of the
previously made progress payments exceeds the Costs, TUSTIN shall refund the difference to
DISTRICT within thirty (30) days of said final accounting.
SECTION b LAWS, ORDINANCES, RULES AND REGULATIONS TUSTIN shall
ensure that CITY requires in its contract for the construction of the IRWD FACILITIES that
CITY's contractor be fully informed of and comply with all laws, ordinances, rules and
regulations, including, but not limited to, all applicable requirements of the California Labor
Code, prevailing wage laws, the Construction Manual, and the Rules and Regulations of
DISTRICT, in connection with the construction of the IRWD FACILITIES.
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SECTION 7 . INSPECTION TUSTIN shall ensure that DISTRICT shall have sole and
absolute discretion as to all aspects of design and construction of the IRWD FACILITIES, and
that DISTRICT shall be entitled to inspect the construction of the IRWD FACILITIES as it
deems necessary to assure compliance with the approved Plans and Specifications, including
shop drawing review and material inspection thereof. TUSTIN shall ensure that DISTRICT shall
have access to all phases of the Project work to be performed by CITY for the purpose of such
inspection; provided, however, all questions and any field inspection issues and requests from
DISTRICT regarding the work being performed shall be directed by DISTRICT to CITY's
resident engineer and not directly by DISTRICT to the contractor, but the foregoing is not
intended to prohibit DISTRICT from discussing such issues and requests with the contractor.
DISTRICT will promptly notify TUSTIN of any portion of the work on the IRWD FACILITIES
which appears not to conform to the approved Plans and Specifications. TUSTIN shall ensure
that DISTRICT shall have sole and absolute discretion to determine the conformity of the IRWD
FACILITIES with the approved Plans and Specifications. DISTRICT agrees not to unreasonably
withhold its approval as to such conformity of the IRWD FACILITIES with the approved Plans
and Specifications, and DISTRICT agrees to defend and indemnify TUSTIN against all disputes
related to a DISTRICT determination regarding conformity with nnnrnvPd Plnnc and
Specifications. TUSTIN shall cause CITY to require its contractor to construct the IRWD
FACILITIES so that the IRWD FACILITIES conform to the approved Plans and Specifications.
TUSTIN agrees to assume full responsibility for certifying or obtaining certification of the
compaction of backfill material in the trench zone over the IRWD FACILITIES. DISTRICT
shall assume full responsibility for certifying or obtaining certification of the compaction of
backfill material in the pipe bedding zone beneath and surrounding the IRWD FACILITIES.
SECTION 8 . ACCEPTANCE DISTRICT agrees to accept the IRWD FACILITIES
when the IRWD FACILITIES have been completed by CITY in accordance with all requirements
of the approved Plans and Specifications, including any change orders approved by DISTRICT as
provided in Section 4 hereof. At the time of completion and acceptance of the IRWD
FACILITIES, TUSTIN agrees to furnish or cause to be furnished to DISTRICT one (1) copy of
the contractor's redlined set of "record" drawings (showing all revisions, manufacturer and type
of valves, pipe and fittings as required by DISTRICT) and one (1) copy of the compaction reports
and certificate for the IRWD FACILITIES trench zones, survey notes and cut sheets.
SECTION 9 . OWNERSHIP It is mutually agreed between the parties hereto that
notwithstanding the fact that TUSTIN shall cause the construction of the IRWD FACILITIES
subject to reimbursement, the IRWD FACILITIES to be completed hereunder, together with the
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necessary franchises, licenses, easements, rights -of -way, and other privileges that are assigned
and approved or caused to be assigned or approved to DISTRICT by TUSTIN, shall at all times
be subject to the applicable rates, rules and regulations of DISTRICT, as modified or amended
from time to time. TUSTIN hereby disclaims and agrees to cause CITY to disclaim any interest
in the IRWD FACILITIES and does hereby transfer and assign and agree to cause to be
transferred and assigned to DISTRICT any and all right, title, and interest it or CITY may have in
the IRWD FACILITIES. DISTRICT shall own, operate and maintain the IRWD FACILITIES
following acceptance thereof.
SECTION 10 . GUARANTEES TUSTIN will, pursuant to the requirement(s) of the
approved Plans and Specifications, cause CITY to obtain from its contractor(s) for the IRWD
FACILITIES a written guarantee of the IRWD FACILITIES against defects in workmanship and
materials for a period of one (1) year from the date of acceptance by CITY, which acceptance
TUSTIN shall ensure that CITY shall give only after acceptance by DISTRICT as provided in
Section 8. It is further agreed that TUSTIN shall cause the IRWD FACILITIES to be brought or
restored to full compliance with the requirements of the approved Plans and Specifications,
including any test requirements, for any portions of the IRWD FACILITIES which during said
one (1) year period are found not to be in conformance with the provisions of the approved Plans
and Specifications. This guarantee is in addition to any and all other warranties, express or
implied, from CITY's contractors or material manufacturers, with respect to the IRWD
FACILITIES. The guarantee and obligations under this section shall in no way be relieved by
DISTRICT's inspection and/or acceptance of the IRWD FACILITIES. This section sets forth the
entire guarantee and warranty of TUSTIN with respect to the IRWD FACILITIES. The express
or implied warranties of other persons with respect to the IRWD FACILITIES shall in no way be
limited by the guarantee and warranty of TUSTIN contained in this section. If requested by
DISTRICT, TUSTIN agrees to cause CITY to assign to DISTRICT the contractor's guarantee as
it relates to the IRWD FACILITIES and/or any other guarantees or warranties relating to the
IRWD FACILITIES.
SECTION 11 . INDEMNIFICATION TUSTIN shall indemnify, defend and hold
DISTRICT, its officers, agents, employees, and engineers harmless from any expense, liability or
claim for death, injury, loss, damage or expense to persons or property which may arise or is
claimed to have arisen during construction of the IRWD FACILITIES as a result of any negligent
or willful acts or omissions by TUSTIN or CITY or SUCCESSOR AGENCY with respect to the
Project design or construction save and except to the extent such expense, liability or claim is
proximately caused in whole or in part by any act, omission, or negligence of DISTRICT, its
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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 TUSTIN and SUCCESSOR AGENCY, and
their elected and appointed officials, agents, and employees, harmless from any expense, liability
or claim for death, injury, loss, damage or expense to persons or property which may arise or is
claimed to have arisen either (i) as a result of any negligent acts or omissions by DISTRICT, its
officers, agents, or employees, with respect to the IRWD FACILITIES design or construction; or
(ii) following DISTRICT acceptance of the IRWD FACILITIES, with respect to maintenance and
operation of the IRWD FACILITIES, save and except to the extent such expense, liability or
claim is proximately caused in whole or in part by any negligence of TUSTIN or CITY or
SUCCESSOR AGENCY, or any of their respective elected and appointed officials, agents,
employees or engineers, or by any act or omission for which TUSTIN or CITY or SUCCESSOR
AGENCY, or any of their respective elected and appointed officials, agents, employees or
engineers are liable without fault.
SECTION 12 . INSURANCE AND BONDING TUSTIN shall cause CITY to require its
contractor(s) to provide performance and payment bonds for the construction of the Project
including the IRWD FACILITIES and to include DISTRICT, its officers, agents, employees and
engineers, as additional insureds on all liability insurance policies that CITY requires its
contractor(s) to provide. As evidence of such insurance coverage, TUSTIN shall, prior to
commencement of construction of the IRWD FACILITIES, provide DISTRICT with copies of
certificates of insurance and insurance endorsements from CITY's contractor(s).
SECTION 13 . TERMINATION Either party shall have the right to terminate this
Agreement at any time prior to DISTRICT'S approval of one or more of the IRWD FACILITIES
bid item(s) as set forth in Section 3 by providing twenty -four (24) hours prior written notice to
the other party. If at the request or direction of a party other than TUSTIN or CITY or
SUCCESSOR AGENCY, the construction of the IRWD FACILITIES is not accomplished or
completed, DISTRICT shall remain obligated for the actual amount of the Costs incurred by
TUSTIN.
If CITY's Project is canceled or modified so as to eliminate the necessity of the design
and construction of the IRWD FACILITIES, TUSTIN shall have the right to terminate this
Agreement and thereby terminate its obligation to cause the design and construction of the IRWD
FACILITIES, by providing five (S) business days' prior written notice to DISTRICT. In such
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case, DISTRICT will not be obligated for any design or any other Costs incurred by TUSTIN. If
IRWD elects to construct the IRWD FACILITIES, DISTRICT shall be obligated to acquire the
design work from TUSTIN by separate agreement.
SECTION 14 . NOTICE 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. Mail, postage prepaid, registered or
certified, return receipt requested and addressed as follows:
DISTRICT: Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine, CA 92619 -7000
Attn: General Manager
TUSTIN: City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: Director of Public Works /City Engineer /Assistant Executive
Director
SECTION 15 SUCCESSORS AND ASSIGNS; INTEGRATION• AMENDMENT
This Agreement shall be binding upon and inure to the benefit of the successor and assigns of
TUSTIN and DISTRICT. This Agreement constitutes the entire Agreement between TUSTIN
and DISTRICT and supersedes all prior understandings and agreements between the parties with
respect to the subjects hereof. This Agreement may be modified only in writing signed by both
parties hereto.
SECTION 16 . LEGAL FEES In the event of any declaratory or other legal or equitable
action instituted between TUSTIN and DISTRICT in connection with this Agreement, the
prevailing party shall be entitled to recover from the losing party its reasonable costs and
expenses, including court costs and reasonable attorneys' fees.
SECTION 17 . SEVERABILITY If any term, provision, covenant or condition of this
Agreement is held to be invalid, void or other unenforceable, to any extent, by any court of
competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each
term provision, covenant or condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
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SECTION 18 . APPLICABLE LAW This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
SECTION 19 . WAIVER The waiver of any provision of this Agreement by either party
shall not be deemed to be a waiver of any other provision or of any preceding or subsequent
breach hereunder.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties to the Agreement execute this Agreement.
IRVINE RANCH WATER DISTRICT
B
Paul Cook, General Manager
ATTEST:
By
Secretary/Assistant Secretary
APPROVED AS TO FORM:
B
Legal Counsel, IRWD
CITY OF TUSTIN
B
John Neilsen, Mayor
ATTEST:
B
City Clerk
APPROVED AS TO FORM:
B
City Attorney
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EXHIBIT A
Jan. 26,2012
DESCRIPTION OF PROPOSED IRWD CAPITAL FACILITIES
A. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN--TUSTIN
RANCH ROAD STREET IMPROVEMENTS BETWEEN WARNER AVENUE
AND WALNUT AVENUE
• DOMESTIC WATER - approximately 3,840 lineal feet (LF) of a 12-inch domestic
water line
SANITARY SEWER - approximately 3,180 lineal feet (LF) of 12-inch sewer
pipeline, 50 lineal feet (LF) of 18-inch sewer pipeline, and 250 lineal feet (LF) of 20-
inch sewer pipeline
• RECLAIMED WATER - approximately 7,630 lineal feet (LF) of 6-inch reclaimed
water line and 210 lineal feet of 16-inch reclaimed water line
B. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN-VALENCIA
AVENUE STREET IMPROVEMENTS BETWEEN KENSINGTON PARK
AVENUE AND TUSTIN RANCH ROAD
• DOMESTIC WATER — approximately 330 lineal feet (LF) of a 12-inch domestic
water line
RECLAIMED WATER — approximately 580 lineal feet of a 16-inch reclaimed water
line
* TEMPORARY IRWD SEWER LEFT STATION — abandonment/demolition
C. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN-PARK
AVENUE STREET IMPROVEMENTS BETWEEN WARNER AVENUE AND
LEGACY ROAD
• DOMESTIC WATER — approximately 1,790 lineal feet (LF) of a 12-inch domestic
water line
• SANITARY SEWER — approximately 70 lineal feet (LF) of 12-inch sewer pipeline,
590 lineal feet (LF) of a 15-inch sewer pipeline, and 1,130 lineal feet (LF) of an 18-
inch sewer pipeline
• RECLAIMED WATER — approximately 830 lineal feet (LF) of a 6-inch reclaimed
water pipeline
D. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN - LEGACY
ROAD STREET IMPROVEMENTS BETWEEN TUSTIN RANCH ROAD AND
PARK AVENUE
• RECLAIMED WATER — approximately 1,000 lineal feet (LF) of a 6 -inch reclaimed
water pipeline
E. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN - CARNEGIE
AVENUE STREET IMPROVEMENTS BETWEEN ARMSTRONG AVENUE
AND PARK AVENUE
RECLAIMED WATER — approximately 1,200 lineal feet (LF) of a 6 -inch reclaimed
water pipeline
DOMESTIC WATER — approximately 1,200 lineal feet (LF) of a 12 -inch domestic
water line
F. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN -PARK
AVENUE STREET IMPROVEMENTS BETWEEN CARNEGIE AVENUE AND
TUSTIN RANCH ROAD
RECLAIMED WATER — approximately 500 lineal feet (LF) of a 6 -inch reclaimed
water pipeline
• DOMESTIC WATER — approximately 500 lineal feet (LF) of a 12 -inch domestic
water line
G. IRWD CAPITAL FACILITIES AFFECTING CITY OF TUSTIN - WARNER
AVENUE STREET IMPROVEMENTS BETWEEN ARMSTRONG AVENUE
AND TUSTIN RANCH ROAD
* RECLAIMED WATER — approximately 3,760 lineal feet (LF) of a 6 -inch reclaimed
water pipeline
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EXHIBIT C
IRWD /City of Tustin Reimbursement Agreement for Capital Facilities
Design Services
7- Mar -12
Valencia Avenue North Loop Improvement Plans
(From City of Tustin Consultant Services Agreement w/ Hunsaker & Assoc. dated Sept. 7, 2010)
Task 3.3
Recycled Water Plans
$
7,700
Task 3.4 (add'I per Hunsaker email 11/12/10)
Sewer Plans & Demolition /Abandonment Plan
$
11,900
Task 3.7
Specifications & Bid Documents
$
2,500
Task 3.8
Construction Quantity and Cost Estimating
$
1,500
Task 3.9
Project Management /Coordination /Meetings
$
940
Task 21
Final Construction Quantity and Cost Estimate
$
24,540
Tustin Ranch Road Improvement Plans
(From City of Tustin Consultant Services Agreement w/ RBF Consulting dated Sept. 9, 2010)
Task 15
Domestic Water Plans
$
5,000
Add'I per RBF email 11/8/10
Add'I Domestic Water Plan from Valencia to Walnut
$
4,000
Task 16
Recycled Water Plans
$
5,000
Task 17
Sewer Plans
$
8,000
Task 20
Specifications and Bid Documents
$
500
Task 21
Final Construction Quantity and Cost Estimate
$
500
Task 22
Agency Approval /Permits
$
3,000
Task 23
Project Management /Project Coordination
$
1,000
Task 24
Meetings
$
1,000
(From proposed City of Tustin Consultant Services Agreement w/ RBF Consulting dated Mar. 7, 2011)
$
28,000
Valencia Avenue North Loop Improvement Plans
(From proposed City of Tustin Consultant Services Agreement w/ Hunsaker & Assoc. dated Jan. 20,2011
Task 3.4 Sewer Force Main Abandonment
$
3,200
Park Avenue and Legacy Road Improvement Plans
(From proposed City of Tustin Consultant Services Agreement w/ Hunsaker & Assoc. dated Jan. 20,2011)
Task 7.1 Domestic Water Plans
$
9,000
Task 7.2 Sewer Plans
$
9,800
Task 7.3 Recycled Water Plans
$
8,000
Task 7.4 Construction Quantity and Cost Estimating
$
3,500
Task 7.5 Specifications & Bid Documents
$
4,500
Task 7.6 Project Management /Coordination /Meetings
$
3,800
Reimbursables
$
2,500
$
44,300
Tustin Ranch Road Improvement Plans
(From proposed City of Tustin Consultant Services Agreement w/ RBF Consulting dated Mar. 7, 2011)
Task 7 Revise Bridge Plans for IRWD MH
$
3,000
Task 8 Revise IRWD Capital Recycled Water Plans @ Valencia
$
1,500
Task 9 Revise IRWD Capital Sewer Plans
$
5,000
Task 10 Revise IRWD Capital Domestic Water Plans @ Warner
$
1,500
$
11,000
Tustin Ranch Road Improvement Plans
(From proposed City of Tustin Consultant Services Agreement w/ RBF Consulting dated Mar. 31, 2011)
Task 1 Revise IRWD Capital Domestic Water Plans @ TRR $ 1,000
$ 1,000
Tustin Ranch Road Improvement Plans
(From proposed City of Tustin Consultant Services Agreement w/ Pacific States Environmental dated July 1, 2011)
Task 1 Dewater Modeling for Sewer Construction $ 31,500
$ 31,500
Warner Avenue and South Loop Road (Carnegie Avenue) Improvement Plans
(From proposed City of Tustin Consultant Services Agreement w/ RBF Consulting dated Jan. 13, 2012)
Task 1
Preliminary Layout
$
2,700
Task 2
Domestic Water Plans
$
12,500
Task 3
Recycled Water Plans
$
26,500
Task 4
Specifications and Cost Estimates
$
5,000
Task 5
Project Meetings
$
4,800
Task 6
Project Management and Coordination
$
4,800
Task 7
Governmental Processing
$
1,200
Task 8
Construction Support
$
7,500
Task 9
Reimbursables
$
2 ,000
$
67,000
GRAND TOTAL
$
207,340
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