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HomeMy WebLinkAboutCC 13 RECLAIMED WTR FAC 8-1-88TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF DOMESTIC AND RECLAIMED WATER FACILITIES IN JAMBOREE ROAD RECOMMENDATION: That the Tustin City Council at their meeting of August 1, 1988 approve the reimbursement agreement between the Irvine Ranch Water District and the City for the construction of domestic and reclaimed water facilities within Assessment District 86-2 (Jamboree Road) and authorize the Mayor to execute said agreement. BACKGROUND: The proposed domestic and reclaimed water facilities within Jamboree Road between Irvine Boulevard and Tustin Ranch Road are routinely installed/constructed by the Irvine Ranch Water District as a part of the overall distribution systems. As a part of Assessment District 86-2, the City will be constructing certain street ~mprovements along Jamboree Road between Irvine Boulevard and Tustin Ranch Road. These improvementswill consist of, but not be limited to, curb and gutter, sidewalks, street, lighting, landscaping, street pavement, street lighting, traffic signals, storm drains and utilities. With the implementation/completion of past street improvement Projects of similar nature, both the City and the Irvine Ranch Water District have determined that it is more efficient for the City to construct the domestic and reclaimed water facilities with the street improvement contract in lieu of the District to let a separate contract. DISCUSSION: The attached reimbursement agreement provides the vehicle for the City to construct the proposed water facilities for the Irvine Ranch Water District and for the District to reimburse the City for said work. This agreement has been reviewed and approved by the City Attorney's office. The estimated cost for said domestic and reclaimed water facilities is $1,283,000; however, this agreement provides that the amount to be reimbursed by the District to the City will be based on the actual costs of construction. This agreement provides no financial impact to the City. Bob Ledendecker Director of Public Works/City Engineer REIMBURSEMENT AGREEMENT BETHEEN ZRVINE RANCH HATER DISTRICT ANO THE CITY OF TUSTIN FOR THE . CONSTRUCTION OF OOMESTIC HATER ANO RECLAIMEO HATER FACILITIES WITHIN ASSESSMENT OISTRICT N~. 86-2 PROJECT NOS. 12565, 12790, 31596, 34230 AND 34240 This Agreement is made and entered tnto this day of , 1988 by. and between IRVINE RANCH HATER OISTRICT, a California Hater Oistrict formed and existing pursuant to California I~ater Oistrict Law, hereinafter referred to as 'OISTRICT,' and the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as #CITY". ESS E TH: ~IHEREAS, as part of its AsSessment. District 86-2 ("AD 86-2"), City proposes to construct certain improvements in the vicinity of Jamboree' Road in the City of Tustin, County of Orange (the "3AMBOREE ROAO IMPROVEMENTS"); and HHEREAS, to serve property within AD 86-2, District desires to construct domestic water reclaimed water, and sewer pipelines and appurtenances at 3amboree Boulevard from Irvine Boulevard to Tustin Ranch Road in the City of Tustin, County of Orange, all of which is within the boundaries of the DISTRICT, the general location of 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 8,700 feet of 16-inch diameter, (uDOHESTIC WATER FACILITIES'), 8,700 feet of 16-inch diameter, 150 feet of lO-inch diameter, 100 feet of 8-inch diamenter, 400 feet of 6-inch dtameter reclaimed water pipelines, as depicted on Exhibit #B" attached hereto and incorporated by reference herein, which are all collectively r~ferred to as the DOMESTIC AND RECLAIMED WATER FACILITIES; WHEREAS, the parttes have determined* that it would be more efficient for CITY to construct the DOMESTIC ANO RECLAIMED WATER FACILITIES rather than for the District to do so; and WHEREAS, DISTRICT has determined that the DOMESTIC AND RECLAIMED WATER FACILITIES will be adequate to meet the domestic and reclaimed water ,~eeds for the area to be served based on the DISTRICT'S design criteria; and WHEREAS, DISTRICT is amenable to the construction of the DOMESTIC AND 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 DOMESTIC AND RECLAIMEO WATER FACILITIES shall be the property of the OISTRICT 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 OOMESTIC ANO RECLAIMEO WATER FACILITIES and the DISTRICT agrees to cooperate with the CITY with respect to the construction and schedules for completion of the OOMESTIC ANO RECLAIMEO WATER FACILITIES. SECTION 2. CITY agrees that the DOHESTIC AND RECLA:~MEO I~ATER 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 parttes agree that the construction of the D0MESTIC AND RECLAIMED WATER FACILITIES shall be included in the CITY'S 3AMBOREE ROAD IMPROVEMENTS and the DOMESTIC AND RECLAIMED WATER FACILITIES shall be bid as a separate item or items that can be deleted. Upon opening of bids by the CITY, CITY shall submit the bid results to DISTRICT for review and approval. CITY agrees that bids received for the construction of the DOHESTIC AND RECLAIHED WATER FACILITIES shall be subject to the ~pproval of DISTRICT prior to award of the construction contract for the DOMESTIc AND RECLAIHED WATER FACILITIES; 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 15 calendar days for review of the bid results and approval of the successful bidder. Total estimated construction cost for the DOHESTIC AND RECLAIHED WATER FACILITIES is $1,283,000 provided, however,~Lhe amount to be'reimbursed by the DISTRICT shall be based on the actual costs of construction. Upon award of the ~onstruction contract, CITY shall provide DISTRICT with one 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 initiation of changed conditions to such contract, which shall be subject to DISTRICT approval if and to the extent any of the DOMESTIC AND RECLAINED WATER FACILITIES are affected thereby. SECTION 4. CITY 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 DOMESTIC AND RECLAIMED WATER FACILITIES would increase the cost thereof, 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 as provided herein. S£CTIO Within thirty (30) days fC ting receipt from CITY of ,, each invoice ~r a construction progress payment, the DISTRICT. shall deposit with CITY the amount of such invoice. Separate accounts shall be kept for al.1 amounts expended by CITY in relation to the DOMESTIC AND RECLAIMED WATER FACILITIES. Within sixty (60) days'of DISTRICT'S acceptance as provided in Section 8 of the DOMESTIC AND RECLAIMED WATER FACILITIES, a final accounting of the actual costs of all items associated with surveying', compaction testing, permits, c~nstruction, 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 withtn thirty (30) days of said final accounting, the total amount of the Costs. · ~ECTION.6. DISTRICT intends to pay Costs from advam:e 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 fort'h above. SECTION 7. OISTRICT shall have sole and absolute discretion as to all aspects of the ~es~gn~'Of 'the DoHESTIc AND RECLAIHED WATER FACILITIES, .and DISTRICT-shall be entitled to inspect the construction of the DOHESTIC -AND RECLAIHED ~ATER 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 DOHESTIC AND RECLAIHED ~ATER FACILITIES which appears not to conform to the Plans and Specifications. The determination as to conformity of the DOMESTIC AND RECLAIMED WATER FACILITIES with the Plans and Specifications 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 DOMESTIC AND RECLAIMED ~ATER FACILITIES to the Plans and Specifications. The CITY shall require its contractor tO construct the DOMESTIC AND RECLAIMED ~ATER FACILITIES so that the DOMESTIC AND RECLAIMED ~ATER FACILITIES conform to the Plans and Specifications. CITY agrees to assume full responsibility for ce~l:jfying or obtaining certification of the compaction of backfill material over the DOMESTIC AND RECLAINED ~ATER FACIL[T[ES. SECTIONf- OISTRICT agrees to accept t~ IOMESTIC ANO RECLAIMED WATER FACILIIIu_ ahen the D. OMESTIC ANO RECLAIM~ WATER FACILITIES have been 'completed by CITY in accordance with all requirements of the Pla~s and Specifications, including any change orders approved by DISTRICT provided in Section ) hereof. At the time of completion and acceptance of the ~OMESTIC AND RECLAIMED WATER FACILITIES, CITY agrees to furnish OISTRICT with 'as-built~ mylars, three (3') copies each of blueline .~as-built~ drawings and three (3) copies of th~ compaction reports and certificate, and cut sheets. SECTION g. It ts mutually agreed between the parties hereto that. notwithstanding the fact that CITY shall accomplish .the construction of the DOMESTIC AND RECLAIMED WATER FACILITIES subject to ~imbursement, the DOMESTIC AND RECLAIMED WATER FACILITIES to be 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, CI.TY hereby disclaims any interest in the DOMESTIC AND RECLAIMED WATER FACILIITES and does hereby transfer and assign to the DISTRICT any and all right, title, and interest it may have in the DOMESTIC AND RECLAIMED WATER FACILIITES. Except as provided in Section 18, CICC~:C? ~h~ll ow~, operate and maintain the DOMESTIC AND RECLAIMED WATER AND SEWER FACILITIES following acceptance thereof. · SECTION lO. CITY will guarantee or cause its contractor for the DOMESTIC AND RECLAIMED WATER FACILITIES to guarantee the DOMESTIC ANO 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 the responsibility that the DOMESTIC AND 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 DOMESTIC AND 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 to any and al~her warranties, expressed orj ~lted, from CITY's contractor or ..erial manufacturers w~th res'v_ _.c to the OOHESTIC AND RECLAIHED HATER FACILITIES. The guarantee'and obligations under this Section shall in no way be relieved by DISTRICT"S inspection and/or approval of the OONESTIC ANO RECLAIHED WATER FACILITIES. This section sets forth* the entire guarantee and warranty of CITY with respect to the . DOHESTIC AND RECLAIHED WATER FACILITIES. The expressed or ~mplled warranties of other persons, wtth respect to t~e DOHESTIC AND RECLAIHED WATER FACILITIES shall in no way be 11mired by the guarantee and warranty of the CITY contained in thts sectton. SECTION 11. CITY shall Indemnify, defend and hold DISTRICT, its officers, agents, employees, and engineers ~armless from any expense, liability or claim for death, indury, loss, damage or expense to person or property which may ar~se or ts claimed t~ have arisen during construction of the DORESTIC AND RECLAIHED 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, 1lability or claim ts proximately caused in whole or i'n part by any act, omission, or negligence of DISTRICT, ~ts officers, agents, employees or engineers or by any act or omission for which DISTRICT, its officers, agents, employees or engtnl~r$ are. ~table ,~i-~out 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 DOHESTIC AND RECLAIHED WATER FACILITIES; or (ii) following DISTRICT'S acceptance of the DOHESTIC AND RECLAIHED WATER FACILITIES with respect to malntenance 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, or by any act or omission for which CITY, its officers, agents, and employees are liable without fault'. SECTION, ~ CITY shall cause its contr~- ~.rs to provide performance and payment bo~, for the construction*of the ~..:STIC AND 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 DOMESTIC AND RECLAIMED WATER FACILITIES, provide DISTRICT a certificate of insurance in a form attached hereto as Exhibit #C' and incorporated by reference herein. SECTION 13. DISTRIC*T 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 DOMESTIC AND RECLAIMED WATER FACXLITIES 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. 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 ~dd-essea as follows: DISTRICT: Irvine Ranch Water District 18802 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*~ 'This Agreement shall be bi,~ ,g 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 an.d agreements between the parties wtth respect to the subjects hereof. Thts Agreement may only be modtfied tn writing signed by both parties hereto. o 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. "1973 A to Par~ DISTRIt further constru express DISTRIC ' Amendm service boundar' on Exh~ In-cons1 SECTION 18. Notwithstanding any term or provision of this · Agreement, CITY and DISTRICT acknowledge that pursuant to an agreement dated ~ ~rch 5, 1973, among CITY, DISTRICT and The Irvtne Company, (the reement') the CITY may, at its option, provide retail water service 1 2 (as described in the 1973 Agreement) and in such event, shall provide wholesale water supplies to CITY. CITY and DISTRICT acknowledge that the DOHESTZC AND RECLAIHED NATER FACILITIES to be ted under this Agreement are within Parcel 2 and that CITY has d its intent to provide retail water service to Parcel 2. CITY and are currently negotiating an amendment to the 1973 Agreement (the nt') regarding the terms and conditions of the provision of water to Parcel 2. (The amendment would include a revision of the es of Parcel 2. Parcel 2, as proposed to be revised, ~s depicted t D attached hereto and incorporated here~n by this reference.) lerat~on of the foregoing, CITY and DISTRLCT agree as follows: 8 a) If the Amend~ _~, is executed after any of th' qESTIC WATER FACIL~T&ES. are accepted by the DISTRICT as set forth in Section 8, DISTRICT shall transfer to City all rights, title and intePest in and to those DOMESTIC WATER FACILITIES, including appurtenances and easements, which are constructed within Parcel 2 and which serve only Parcel 2 (the ,Parcel 2 Facilities") and 0ISTRICT hereby covenants and agrees to execute and deliver to CITY any documents required to complete such transfer of the Parcel 2 Facilities a~d easements in accordance with the Amendment. Upon CITY's acceptance of the documents, CITY shall operate the Parcel 2 Facilities, in accordance with the Amendment, and the provisions of Section 9 shall no longer apply to the operation of the Parcel 2 Facilities. the acceptance of any of the b) Xf the Amendment is executed prior to of Sections 8, 9, and the DOMESTIC WATER FACILITIES, the provisions provisions of Section 11 regarding the operation of the DOMESTIC WATER FACILITIES shall no longer apply to the DOMESTIC WATER FACILITIES, which are Parcel 2 Facilities, as defined in (a) above, and the Parcel 2 Facil*tties shall be owned and operated by CITY in accordance with the Amendment. IN WITNESS WHEREOF, the parties to the Agreement have executed this . . Agreement on the date hereinabove written. _ 1. RV1. HE RAHCH WATER DI. STR1, CT BYRonald E. Young, General Manager oared ~ .ATTEST: By Betty 3. Wheeler, Secretary Dated ~---------- APPROVED AS TO / BOWIE, ARNE$ON, ~"'~I' & DIXON Legal Counsel, Irvine Ranch Water District BV~~ MAYOR CITY OF TUSTIN ATTEST: oared ~ City Clerk APPROVED AS TO FORM: ROURKE & WOODRUFF City Attorney for City of Tustin Oat~d ~ Gated 0530E 10' I EXHIBIT "A" - 1 DOMESTIC l WATER--~ E RECLAIMED ~'~ ~ HEADGUARTEJ~ U ' . 0 L~me ~ 0 0 ,i,i WA~ER EXHIBIT "B" ,6 EXHIBIT "C" TO: CTTY OF TUSTIN IRVLNE ~ ~tTER DIS~/CT 300 Centennial Way 1880R Bardeen Tustinr California 9~680 Irvine, California 92715 AND ADII~ESS OF ~ AGenCY T~s is to cern/fy ~mC ~he policies of ~=~ce list~ ~low h~e ~n i~u~ ~o ~e ~u=ed name~ a~ve, a~e in force at this time, ~at the City of ~stin and the Irvine ~nch Ware= Dlstri~ ~e ~ ~on~ ~=~s ~er~n as res~s ~aims arising ~ ~~on wf~ h~~e ~m~ p~ a~ tha~ su~ ~~ ~1 ~ ~im~ wi~ re~ to ~ o~ i~ce in force ~:c~ ~ the Ci~ of ~st~ o~ the t~e ~ch Water. Di~tr~ct, ~lf-Ins~ ~n=ion ~~sive fora ~=d ~=~d ~d ~ily Inju~ ~ ~~s/~et~ & P~o~=~ ~nC~a~ ~~ ~d fora ~o~ --" ~~ve fora .. ~~ce ~ly m2u~ ~ ~~ ~ly ~ju~ & ~o~ ~ $ ~ s~o~ (ea~ accent) is certified t~t a waiver of subrogation is hereby issued ~o the City of ~stin and the I~e ~ch Water District ~s ~rta~s to the ter~ of,all Workers' Co~nsation In~r~ce. issuing core.ny will give t~r~y (30) days written no~ice to ~he City of Tustin and the I~e ~ch Water Dis~ri~ prior to m~fi~on or ~ur~ C~y(ies) A~n~(s) for se~i~ of ~o~ss are listed on ~e next ~~a fora O~her ~han um~ella EMPLOYERS' LIABILIT~ Date Issue: NO MgDIFICATICNS MAY BE MADE TO THIS ~DRM. Authorized Representative of above-named insurance ccm~eny(ies) EXHIBIT "D" L~surance Canpany Acjent: £o~ Service of l~ocess in Ca~o~nia le Agent fo~ Service oE P~ocess Street Numbec CAt2 and State and State o o T~el:~ne ~ L~.s~a~ce r-~oS~y Name Telel:bo~e l~.be= , ,I Te.l.ept~me Numbec TeleL:txme mnl~ec Agent for Setv£ce of Process and State Te].eL:b:me lam~ec Agent loc Service of Process Sl~eet Nunbec. - and State TeJ. ep~me Hun~c 0C~R: se :R:I 2/0 9/86 (2J:)) LF.J :lw:R: 8/1~87 EXHIBIT "D"