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HomeMy WebLinkAboutCC 6 RECLAIMED WATER 03-01-93DATE: TO: FROM: SUBJECT DA 3-/- Y3 MARCH 1, 1993 WILLIAM A. HUSTON, CITY MANAGER CONSENT CALENDAR NO. 6 3-1-93 Inter-Com�LsTA, PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION REIMBURSEMENT AGREEMENT - RECLAIMED WATER FACILITIES IN TUSTIN RANCH ROAD AND THROUGH THE I-5 BRIDGE RECOMMENDATION That the Tustin City Council approve the reimbursement agreement between the Irvine Ranch Water District and the City of Tustin for construction of Reclaimed Water Facilities in Tustin Ranch Road and through the I-5 Freeway overpass, subject to the City Attorney's review and approval. FISCAL IMPACT None. BACKGROUND The Tustin Ranch Road interchange/overcrossing at the Santa Ana (1-5) Freeway was constructed as one of the infrastructure projects of both Assessment District No. 85-1 and No. 86-2. District No. 85-1 was responsible for 72% of the total project cost and District No. 86-2 was responsible for 28% of the total cost. After the interchange project was awarded and the project was in progress, the City was informed by the Irvine Ranch Water District (IRWD) that they desired to extend a Reclaimed Water Facility in Tustin Ranch Road across the Santa Ana Freeway to serve their district service areas southerly of the freeway. Staff concurred with this water main extension and agreed to add it to the interchange contract as a change order subject to IRWD agreeing to pay for said improvements. It was further agreed between the City and IRWD that the work would proceed as a contract change order in an estimated amount of $200,000.00 and that a formal agreement would be executed at the completion of the project when the costs were finalized. DISCUSSION The attached agreement provides the vehicle for IRWD to reimburse the City now that the project has completed and the final reclaimed water cost has been determined to be $197,008.00 The City Attorney's Office is currently reviewing the Agreement and it is requested that the City Council approve said agreement and authorize the Mayor to execute the document subject to the final review and approval of the City Attorney's Office. William Huston Reimbursement Agreement - Reclaimed Water Facilities March 1, 1993 Page Two This reimbursement will be credited to the two Assessment Districts as follows: Assessment District No. 85-1 ....................72% Assessment District No. 86-2 ....................28% Robert S. Ledendecker Director of Public Works/City Engineer RSL:ktb:RECLWTR REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF TUSTIN FOR THE CONSTRUCTION OF RECLAIMED WATER FACILITIES IN TUSTIN RANCH ROAD THROUGH THE I-5 OVERPASS PROJECT NO. 31591 THIS AGREEMENT is made and entered into this day of 19934 by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to California Water District Law of the State of California, hereinafter referred to as "DISTRICT", and THE IRVINE COMPANY, a municipal corporation, hereinafter referred to as "CITY". W I T N E S S E T H: WHEREAS, CITY proposes to construct certain improvements in the vicinity of Tustin Ranch Road in the City of Tustin, County of Orange (the "ROAD IMPROVEMENTS"), and WHEREAS, to serve East Tustin, DISTRICT desires to construct reclaimed water pipelines and appurtenances at Tustin Ranch Road through the I-5 overpass in the City of Tustin, which is depicted on Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, such construction will necessitate the construction by the DISTRICT of approximately 1,774 feet of 12 -inch diameter, ("RECLAIMED WATER FACILITIES"), as depicted on Exhibit "B" attached hereto and incorporated by reference herein, which are all collectively referred to as the RECLAIMED WATER FACILITIES; WHEREAS, the parties have determined that it would be more efficient for CITY to construct the RECLAIMED WATER FACILITIES rather than for the DISTRICT to do so; and WHEREAS, DISTRICT has determined that the RECLAIMED WATER FACILITIES will be adequate to meet the reclaimed water needs for the area to be served based on the DISTRICT's design criteria; and WHEREAS, DISTRICT is amenable to the construction of the RECLAIMED WATER FACILITIES by CITY at the cost of CITY, which cost is to be reimbursed by DISTRICT after the work is completed and accepted by the DISTRICT; and WHEREAS, except as otherwise provided herein, the RECLAIMED WATER FACILITIES shall be the property of the 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. CITY agrees to initiate and pursue to completion, the construction of the RECLAIMED WATER FACILITIES and the DISTRICT agrees to cooperate with the CITY with respect to the construction and schedules for completion of the RECLAIMED WATER FACILITIES. SECTION 2. CITY agrees that the RECLAIMED WATER FACILITIES shall be completed pursuant to DISTRICT approved.plans and specifications (the "Plans and Specifications") which shall be supplied by the DISTRICT. SECTION 3. The parties agree that the construction of the RECLAIMED WATER FACILITIES shall be included in the CITY's Tustin Ranch Road Improvements and the RECLAIMED WATER FACILITIES shall be a change order to the CITY's contract to construct a bridge over the I-5 Freeway. CITY shall submit the change proposal to DISTRICT for review and approval. CITY agrees that the proposal for the construction of the RECLAIMED WATER FACILITIES shall be subject to the approval of DISTRICT prior to Notice to Proceed being issued for construction of the RECLAIMED WATER FACILITIES; and further agrees that in the event DISTRICT does not approve such proposals, this Agreement may be terminated by either party. DISTRICT shall have a period of fifteen (15) calendar days , for review of the proposal and approval/disapproval of the change. Total estimated construction cost for the RECLAIMED WATER FACILITIES is Two Hundred Thousand and No/100 dollars ($200,000.00) provided, however, the amount to be reimbursed by the DISTRICT shall be based on the actual costs of construction. CITY shall provide DISTRICT with one (1) original copy of the fully executed change order documents and a copy of the change. proposal. CITY shall also promptly furnish DISTRICT with copies of any further change orders to such contract, within five (5) working days of initiation of changed -conditions to such contract, which shall be subject to DISTRICT approval if and to the extent any of the RECLAIMED WATER FACILITIES are affected thereby. SECTION 4. DISTRICT agrees that if any revision during design or construction which is requested by CITY to the Plans and Specifications approved pursuant to Section 3 hereof for the RECLAIMED WATER FACILITIES would increase the cost thereof, such -3- 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 as provided herein. SECTION 5. Within thirty (30) days following receipt from CITY of each invoice for a construction progress payment, the DISTRICT shall deposit with CITY the amount of such invoice. Separate accounts shall be kept for all amounts expended by CITY in relation to the RECLAIMED WATER FACILITIES. Within sixty (60) days of DISTRICT's acceptance as provided in Section 8 of the RECLAIMED WATER FACILITIES, a final accounting of the actual costs of all items associated with surveying, compaction testing; permits, construction, administration, accounting, and legal costs (the "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, the total amount of the Costs. SECTION 6. DISTRICT intends to pay Costs from advance from the Capital Reserve Fund to be reimbursed from bond proceeds of Improvement District No. 150 and of Improvement District No. 250 of the DISTRICT, 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 above. SECTION 7. DISTRICT shall have sole and absolute discretion as to all aspects of the design of the RECLAIMED WATER FACILITIES and DISTRICT shall be entitled to inspect the construction of the RECLAIMED WATER FACILITIES as it deems necessary to assure compliance with the Plans and Specifications including shop drawing review and material inspection thereof. DISTRICT will promptly notify CITY of any portion of the work on the RECLAIMED WATER FACILITIES which appears. not to conform to the Plans and Specifications. The determination as to conformity of the RECLAIMED WATER FACILITIES with the Plans and Specifications -4- shall be made in the DISTRICT's sole and absolute discretion. DISTRICT agrees not to unreasonably withhold its approval as to such conformity of the RECLAIMED WATER FACILITIES to the Plans and Specifications. The CITY shall require its contractor to construct the RECLAIMED WATER FACILITIES so that the RECLAIMED WATER FACILITIES conform to the Plans and Specifications. CITY agrees to assume full responsibility for certifying or obtaining certification of the compaction of backfill material over the RECLAIMED WATER FACILITIES. SECTION 8. DISTRICT agrees to accept the RECLAIMED WATER FACILITIES when the RECLAIMED WATER FACILITIES have been completed by CITY in accordance with all requirements of the Plans and Specifications, including any change orders approved by DISTRICT as provided in Section 3 hereof. At the time of completion and acceptance of the RECLAIMED WATER FACILITIES, CITY agrees to furnish DISTRICT with "as -built" mylars, three (3) copies each of blueline "as -built" drawings and three (3) copies of the compaction reports and certificate, -and cut sheets. SECTION 9. It is mutually agreed between the parties hereto that notwithstanding the fact that CITY shall accomplish the construction of the RECLAIMED WATER FACILITIES subject to reimbursement, the RECLAIMED WATER FACILITIES to be to completed hereunder, together with the necessary franchises, licenses, easements, rights-of-way, and other privileges, shall at all times be subject to the applicable rates, rules and regulations of DISTRICT, as modified or amended from time to time. Except as provided in Section 18, CITY hereby disclaims any interest in the RECLAIMED WATER FACILITIES and does hereby transfer and assign to the DISTRICT any and all right, title, and interest it may have in the RECLAIMED WATER FACILITIES. Except as provided in Section 18, DISTRICT shall own, operate and maintain the RECLAIMED WATER FACILITIES following acceptance thereof. :NZ SECTION 10. CITY will guarantee or cause its contractor for RECLAIMED WATER FACILITIES to guarantee the RECLAIMED WATER FACILITIES 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 acceptance by DISTRICT as provided in Section 8. It is further agreed that the CITY shall assume or cause its Contractor to assume the responsibility that the RECLAIMED WATER FACILITIES shall be brought or restored to full compliance with the requirements of the Plans and Specifications including any test requirements for any portions of the RECLAIMED WATER FACILITIES which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY's contractor or material manufacturers with respect to the RECLAIMED WATER FACILITIES. The guarantee and obligations under this section shall in no way be relieved by DISTRICT's inspection and/or approval of the RECLAIMED WATER FACILITIES. This section sets forth the entire guarantee and warranty of CITY with respect to the RECLAIMED WATER FACILITIES. The expressed or implied warranties of other persons, with respect to the RECLAIMED WATER FACILITIES shall in no way be limited by the guarantee and warranty of the CITY contained in this section. SECTION 11. CITY 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 person or property which may arise or is claimed to have arisen during construction of the RECLAIMED WATER FACILITIES and prior to acceptance by DISTRICT, as a result of any work or action performed by CITY or on behalf of CITY, save and except in those instances where such expense, liability or claim is proximately caused in whole or in part by any act, omission, 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 either (i) as a result of any acts performed by DISTRICT, its officers, agents, or employees, with respect to the design and construction of the RECLAIMED WATER FACILITIES; or (ii) following DISTRICT's acceptance of the RECLAIMED WATER FACILITIES with respect to maintenance and operation, save and except in those instances where such expense, liability or claim is proximately caused in whole or in part by any negligence of CITY, its officers, agents, and employees are liable without fault. SECTION 12. CITY shall cause its contractors to provide performance and payment bonds for the construction of the RECLAIMED WATER FACILITIES 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 the RECLAIMED WATER FACILITIES, provide DISTRICT a certificate of insurance in a form attached hereto as Exhibit "C" and incorporated by reference herein. SECTION 13. DISTRICT shall have the right to terminate this Agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than CITY, including DISTRICT, the RECLAIMED WATER FACILITIES 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. -7- SECTION 14. 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 and addressed as follows: DISTRICT: Irvine Ranch Water District 18805 Bardeen Avenue Irvine, CA 92715 Attn: General Manager CITY: The City of Tustin 300 Centennial Way Tustin, CA 92680 Attn: Director of Public Works SECTION 15. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of CITY and DISTRICT. This Agreement constitutes the entire Agreement and supercedes all prior understandings and agreements between the parties with respect to the subjects hereof. This Agreement may only be modified In writing signed by both parties hereto. SECTION 16. 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 17. 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. MOIC IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement on the date first hereinabove written. IRVINE RANCH WATER DISTRICT Dated By Ronald E. Young, General Manager ATTEST: By Dated Secretary/Assistant Secretary . APPROVED AS TO FORM: BOWIE, ARNESON, KADI, & DIXON Legal Counsel, Irvine Ranch Water District Dated By MAYOR THE CITY OF TUSTIN Dated By ATTEST: Dated By City Clergy APPROVED AS TO FORM: ROURKE & WOODRUFF City Attorney for City of Tustin " By Dated AGR-TUST IMPERIAL YOR B A LIN D A tisk. FULLER TON ANAHEIM AVE -!,y 7 GARDEN GRO GR Fvi't oc � _ = e Y O COSTA � !MESA CD =ACH _ Q. _Pao.JEcr LOCATM SAN.N �o tusnN INCH ROAD B� EXHIBIT A I 165 •� J i THE IRVINE .I, n„ �•.-- .I.;�/ _ - AGRICULTURAL i 'rl #? VINE- - HEAOOUAATERS �•� �� . j = .r , rs TiC l a 04OUSING; v� Q' Y Z a: 16 BRYAN 4x All LIif I! 12 64 Z. ' `a p T-1 / = / . 1 li ` _ • AUTO wit Q t LTR J SANTA ANA FWY117 12.4CL.AIMEO WA aft.Mow n� u O '' w 1� ! 1 I �., :."� \ NUT •�, •,.,, :� r� sou: `.,..\ � � • �� _______.� —^, �2 X90 � , �` .1�,� � tL! � r �� ' • \ 1 ♦ COr�wwwT♦ ' L LT:Ld TIC oil AMLJ A- T � \ 1 •tr-r� i• � 1. 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