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HomeMy WebLinkAboutCC 3 SEWER FACILITIES 03-16-87 CONSENT CALENDAR NO. 3 DATE: NARCI-I 10, 1987 TO: FROM: SU BJ ECT: WILLIAN HUSTON, CITY HANAGER PUBLIC WORKS DEPARTWENT/ENGINEERING DIVISION REIMBURSEWE~ AGREEWENT FOR SANITN~Y SEWER FACILITIES RECOMMENDATION: For the City Council meeting of March 16, 1987. Approve Reimbursement Agreement between the Irvine Ranch Water District and the City of Tustin for the completion of IRWD sewer facilities within Assessment District No. 85-1 (Project No. 21392) and authorize the Mayor to execute same. BACKGROUND: The Irvine Ranch Water District {IRWD) had requested the City of Tustin to construct a portion of an IRWD sanitary sewer facility with the E1Modena-Irvine Flood Control Channel facility contract on the basis that the cost for said work would be fully reimburseable to the City from IRWD. In order not to delay the flood control project, staff consents to proceed with said work on a verbal agreement and to process the necessary paperwork at a later date. DISCUSSION: All construction on the sanitary sewer work has been completed by the City's contractor. The attached Reimbursement Agreement has been prepared to provide the vehicle for IRWD's reimbursement for said sanitary sewer construction to the City of Tustin. This sanitary sewer construction consisted of the installation of approximately 175 lineal feet of 15 inch diameter concrete encased sewer pipe under the E1 Modena-Irvine Channel facility. This sewer facility wil,1 allow for the ultimate gravity flow system for the Auto Center and Phase I residential area. These areas are currently being pumped in a westerly direction and connected to a County Sanitation District 7 facility as an interim measure. The City Attorney has reviewed and approved said agreement and it is now ready for approval/execution by the City Council. Director of Public Works/City Engineer BL:jm REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT ANO THE CITY OF TUSTIN FOR THE COMPLETION OF IRWO SEWER FACILITIES WITHIN ASSESSMENT OISTRIq~ NO. 85-1 PROJECT NO. 21392 This Agreement is made and entered into this day of , 1986 by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to California'Water Oistrict~Law, hereinafter referred to as "01STRICT,m and the CITY OF TUSTIN, a mdnicipal corporation, hereinafter referred to as mCITYm. W I TNESSETH: WHEREAS, the proposed construction of E1 Modena-Irvi. ne Channel from Michelle Orive to Bryan Avenua in the City of~Tustin, County of Orange, (the 'El Modena-Irvine Channel") is within the boundaries of the DISTRICT, the general location of which is depicted on Exhibit 'A" to this Agreement, which document is by this reference incorporated herein; and WHEREAS, such construction will necessitate the construction by the DISTRICT of approximately 175 feet of 15 inch diameter concrete encased sewer facilities, as depicted on Exhibit "B", hereinafter referred to as the "IRWD FACILITIES" by the OISTRICT~ and WHEREAS, CITY proposes to cohstruct El Modena-Irvine Channel as' depicted on Exhibit "A" as part of Assessment District No. SS-1 construction, and the parties have determined that it would be more efficient for CITY to construct the IRWD FACILITIES rather than for the DISTRICT to do so; and WHEREAS, DISTRICT has determined that the IRWD FACILITIES will be adequate to meet the sewering needs for the area to be served by the IRWD FACILITIES based on the DISTRICT'S design criteria; a~d WHEREAS, DISTRICT is amenable to the construction of the IRWD FACILITIES by CITY at the cost of ~ITY, which cos~ is to be reimbursed by DISTRICT after the work is completed and ~ccepted; and WHEREAS, the IRWD 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 along with its construction of the E1Modena-Irvine Channel, the construction of the IRWO FACILITIES as shown on Exhibit 'B" to this Agreement and the OISTRICT agrees to cooperate with the CITY with respect to the construction and schedules for completion of the IRWD FACILITIES. SECTION 2. CITY agrees that the IRWO FACILITIES shall be completed pursuant to OISTRICT approved plans and specifications which shall be supplied by the DISTRICT. SECTION 3. The parties, agree that the .construction of the IRWO FACILITIES shall be included in the CITY'S proposed channel improvement plans and the IRWD FACILITIES shall be bid as a separate deletable item or items. CITY agrees that bids received for the construction of the IRWD FACILITIES shall be subject to the approval of DISTRICT prior to award; and further agrees that in the event DISTRICT does not approve such bids, this Agreement may be terminated by either party. Total estimated constructi'on cost for the IRWD FACILITIES is $12,000 provided, however, the amount to be reimbursed by the DISTRICT shall be based on the actual costs of construction. Upon award of the construction 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 ten (lO) 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 IRWO FACILITIES are affected thereby. SECTION 4. CITY agrees that if any revision during design or construction which'is requested by CITY t~ the plans approved pursuant to Section 3 hereof for the IRWD 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. SECTION 5. DISTRICT agrees to accept the IRWD FACILITIES when said 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 i~ Section 3 hereof. Within thirty ~30) days following receipt from CITY of each such 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 IRWD FACILITIES. Within sixty days of CITY'S final acceptance of the IRWD 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 such costs from the proceeds of existing bonds sold against 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 forth above. SECTION ?. DISTRICT shall have sole and absolute discretion as to all aspects of design and construction of the IRWD FACILITIES, and DISTRICT shall be entitled to inspect the construction of the IRWD 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 IRWD FACILITIES which appears not to conform to the plans and specifications. The determination of District as to conformity of the IRWD FACILITIES with the plans and specifications shall be made in DISTRICT'S sole and absolute discretion. Oistrict agrees not to unreasonably withhold its appr6val as to such conformity. SECTION 8. At the time of completion and acceptance of the IRWD FACILITIES, CITY agrees to furnish DISTRICT with "as-built" mylars, one {1) copy of blueline "as-built' drawings and one {1) copy of the ~compa~tion reports and certificate, and cut sheets. SECTION g. It is mutually agreed between the parties hereto that notwithstanding the fact that CITY shall accomplish the construction of the IRWD FACILITIES subject to reimbursement, the IRWD 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. City hereby disclaims any interest in the IRWD facilities and does hereby transfer and assign to the District any and all right, title, and interest it may have in the IRWD facilities. DISTRICT shall own, operate and maintain the I~WD FACILITIES following acceptance thereof. SECTION 10. CITY will guarantee'or cause its contractor for the IRWD FACILITIES to guarantee the IRWD FACILITIES against defects in workmanship and materials for a period of one {1) year from the date of acceptance by DISTRICT. It is further agreed that the IRWD FACILITIES shall be brought or restored to full ~ompliance with the requirements of the plans and specifications, including any test requirements, for any portions of the IRWO FACILITIES which during said one (1) year period are Found not to be in conformance with the provisions of the p)ans and specifications. This guarantee is in addition to any and all other warranties, expressed or implied, from the contractor 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 approval of the IRWD FACILITIES. SECTION ll. '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 IRWO 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. OISTRICT shall indemnify, defend a~d 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 IRWD FACILITIES construction; or (ii) following DISTRICT'S acceptance of the IRWO 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 CI?Y, its officers, agents, and employees, or by any act or omission other than a failure to perform an act for which the DISTRICT is responsible or a failure to correct or to require DISTRICT to correct a condition created by DISTRICT, for which CITY, its officers, agents, and employees are liable without fault. SECTION 12. CITY shall cause its contractors for the construction of the IRWO FACILITIES 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 IRWD FACILITIES, provide OISTRICT with certificates of insurance and insurance endorsements in a form acceptable to District. 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 IRWD FACILITIES construction is not'accomplished or comDleted, DISTRICT shall remain obligated for the actual amount of any costs incurred by CITY for the items set forth in Section 5 above. 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: OISTRICT: Irvine Ranch Water District 18802 Bardeen Avenue Irvine, CA g2715 Attn: General Manager CITY: The City of Tustin 200 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 a~y 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. IN WITNESS WHEREOF, the parties to the Agreement have executed this Agreement on the date hereinabove written. IRVINE RANCH WATER DISTRICT By · Dated Arthur Bruington, .General Manager ATTEST: By Dated AppRovEo AS TO FORM: BOWIE, ARNESON, KADI, & DIXON Legal Counsel, Irvine Ranch Water Oistrict By Dated CITY OF TUSTIN By. Oared ATTEST: 8y City Clerk APPROVED AS TO FORM: City Attorney for City of Tustin Dated O~ted 0284E P.~eaalnog aa.~oqu~ep I~uueqo eUla,q.euapow