HomeMy WebLinkAbout07 MASTER UTIL ADJ IRWD 1-20-04AGENDA REPORT
Agenda Item 7
Reviewed:
City Manager
Finance Director N/A
MEETING DATE:
TO:
FROM:
SUBJECT:
JANUARY 20, 2004
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF MASTER UTILITY ADJUSTMENT AGREEMENT WITH
THE IRVINE RANCH WATER DISTRICT
SUMMARY
The approval of a Master Utility Adjustment Agreement with the Irvine Ranch Water District
(IRWD) will establish a procedure whereby IRWD reimburses the City for the costs to
adjust utility manhole and valve boxes resulting from City street improvement projects.
RECOMMENDATION
It is recommended that the City Council approve the Master Utility Adjustment Agreement
with the Irvine Ranch Water District, and authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
FISCAL IMPACT
There will be no direct fiscal impacts from the implementation of the Master Utility Adjustment
Agreement at this time. IRWD will be responsible for payment to the City for all adjustments to
their facilities in conjunction with City improvement projects.
BACKGROUND
The Master Utility Adjustment Agreement will establish an equitable means of payment
processing to the City for IRWD utility adjustments resulting from City street improvement
projects. The Agreement provides for preparation of an Addendum for each future City
project that identifies the need for adjustments to IRWD valve boxes and manholes. The
Addendum will specify the numbers and estimated costs associated with such adjustments.
Execution of this Agreement will obligate IRWD to deposit the agreed upon estimated funds
with the City for the utility adjustments prior to the bidding of each City project. The IRWD
deposit amount will include a 5% allocation above the estimate to cover the cost of City
administration and inspection. IRWD and the City will be protected against unbalanced
bids because any bids that exceed the estimated amount by 25% will be removed from the
project contract and IRWD will perform the utility adjustments with their own forces. The
City Attorney has reviewed and approved the Agreement as to form.
Director of Public Works/City Engineer
TDS:DRK:ccg:Approval of Master Utility Adj. Agmt IRWD.doc
Dana R. Kasdah ' ~
Engineering Services Manager
Attachment: Master Utility Adjustment Agreement
Master Utility Adjustment Agreement
July 2003
Page 1
Agreement # 2004-
MASTER UTILITY ADJUSTMENT AGREEMENT
THIS AGREEMENT, made and entered into this th day of
,2004,
BY AND BETWEEN:
Irvine Ranch Water District, a California Water District
formed and existing pursuant to California Water
District Law, hereinafter referred to as "IRWD,'
The City of Tustin, a municipal corporation,
hereinafter referred to as "CITY,"
WITNESSETH
WHERF~AS, City periodically contracts for street rehabilitation projects within the
City of Tustin and within the boundaries of IRWD, each such project hereinafter referred to
as a "PROJECT", and
WHEREAS, such construction will necessitate the raising of water valve boxes on
IRWD domestic and reclaimed water mains and raising IRWD sewer manholes to grade, as
depicted on the project plans for each PROJECT incorporated by reference herein, and
WHEREAS, IRWD desires City to perform the adjustment of said IRWD facilities at
a cost to be agreed upon as part of each PROJECT; and
WHEREAS, City is willing to include these water valve box and sewer manhole
adjustments in PROJECT at IRWD's cost.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and for other good and valuable considerations, the receipt and sufficiency of which
are hereby acknowledged and agreed, the parties hereto hereby agree as follows:
IRWD SHALL:
Deposit with CITY the estimated cost for said manhole and water valve box
adjustment for each individual PROJECT. The estimated unit price for each
adjustment will be an amount mutually deteimined by the parties for each
PROJECT and set forth in an Addendum to this Agreement, in the form of
Exhibit "A" attached hereto, for each PROJECT. Said deposit shall be made
within 30 days of receipt of the fully executed Addendum to this Agreement. If
the parties are unable to agree on an estimated unit price for a specified
PROJECT, the PROJECT will not be governed by this Agreement and IRWD will
perform the adjustments of its facilities.
Master Utility Adjustment Agreement
July 2003
Page 2
B.
Prior to commencement of said PROJECT, insure that adequate markings are
available to facilitate subsequent locating and adjusting of all the sewer manholes
and water valve boxes.
C. Pay the total cost for adjusting said sewer manholes and water valve boxes to
grade. Said total cost will be determined by multiplying the actual unit price (as
bid by the contractor) by the total number of units adjusted, plus 5% for CITY
inspection and administration. To protect IRWD and CITY from unbalanced bids,
regardless of the mount of the unit price bid by the contractor, IRWD shall be
responsible for an actual total cost not to exceed the estimated cost stated in the
Addendum plus 25%. If the actual unit price for the IRWD Facilities exceeds the
estimated unit cost by more than 25%, IRWD Facilities will be removed from the
contract and IRWD will coordinate the adjustment of their facilities with its own
contract.
D. If extra work is required, its cost will be added to the total cost, but extra work
will only be performed after prior approval by IRWD's engineer or manager.
IRWD will have five (5) working days to review and either approve or disapprove
costs for extra work and will work to provide said decision in less than that time.
CITY SHALL:
A. Include in PROJECT contract docmnents items for "Adjust Sewer Manhole" and
"Adjust Water Valve Box" as bid items, and through its contractor, shall adjust
said sewer manholes and water valve boxes in accordance with PROJECT
contract documents and IRWD standards.
B. Upon completion of each PROJECT, prepare and submit to IRWD a statement of
the final cost authorized by the Addendum, which statement shall include the
number of units adjusted, unit price, 5% administrative fee and extra work, if any.
If this final cost exceeds the deposit, IRWD shall, within 30 days of receipt of
statement, pay CITY for the difference; if the final cost is less than the deposit,
CITY shall, with the statement, refund the difference to IRWD.
C. Cause its contractor for each PROJECT to guarantee the IRWD facilities
adjustment work against defects in workmanship and material for a period of one
(1) year from the date of the CITY's acceptance and, to list IRWD as an
additional insured on all liability insurance and property (builders risk) insurance
policies that CITY requires the contractor to provide.
MUTUAL INDEMNITY: It is mutually understood and agreed that:
Ao
Neither CITY nor any officer, employee, or agent thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by IRWD under or in connection with any work, authority, or jurisdiction
delegated to IRWD under this agreement. It is also understood that, pursuant to
Government Code Section 895.4, IRWD shall fully indemnify protect, defend and
hold harmless CITY and its officers, employees, agents thereof from any liability
imposed for injury (as defined by Government Code Section 810.8), including
attorneys fees and costs, occurring by reason of anything done or omitted to be
done by IRWD under or in connection with any work, authority or jurisdiction
delegated to IRWD under this agreement.
Master Utility Adjustment Agreement
July 2003
Page 3
B.
Neither IRWD nor any officer, employee, or agent thereof shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by CITY under or in counection with any work, authority, or jurisdiction
delegated to CITY under this agreement. It is also understood that, pursuant to
Government Code Section 895.4, CITY shall fully indemnify protect, defend and
hold harmless IRWD and its officers, employees, agents thereof from any liability
imposed for injury (as defined by Government Code Section 810.8), including
attorneys fees and costs, occurring by reason of anything done or omitted to be
done by CITY under or in connection with any work, authority or jurisdiction
delegated to CITY under this agreement.
TERMINATION:
Either party shall have the fight to terminate this Master Utility Agreement at any
time by providing thirty (30) days prior written notice to the other party; provided,
however, that unless IRWD elects othenvise, the adjustment of IRWD facilities for
any PROJECT subject to an Addendum that has been executed by the parties prior to
the effective date of termination shall continue to completion. IRWD shall remain
obligated for the cost of the adjustments perfonued by the CITY through the date(s)
of termination of this agreement and all addenda.
IN WITNESS WHEREOF, CITY and IRWD have caused this agreement to be
executed by the Mayor and attested to by the City Clerk; and IRWD has caused this
agreement to be executed by the General Manager,, all thereunto duly authorized by
the City Council and the Board of Directors, respectively.
CITY OF TUSTIN
A municipal corporation
Dated: By:
Tony Kawashima, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney bt t/l/ {J
IRWD
A California Water District
Dated: By:
Paul D, Jones, General Manager
ATTEST:
APPROVE AS TO FORM:
By: By:
Secretary/Assistant Secretary Legal Counsel, IRWD
Master Utility Adjustment Agreement
July 2003
Page 4
ADDENDUM
NO. 2004-
TO
MASTER UTILITY ADJUSTMRNT AGI~F.~MENT
By execution of this Addendum, the parties agree that the below-identified PROJECT will be governed
by thc Agreement dated , entitled "MASTER UTILITY ADJUSTMENT AGREEMENT,
(the "Agreement").
PROJECT:
(depicted on The Plans & Specfficatious and incorporated in this Addendum)
IRWD FACIIJTIES (Number(s) of valve boxes (water and recycled water) and sewer manholes to be
adjusted to grade)
(depicted on The Plans & Specifications and incorporated in this Addendum)
Estimated unit cost of adjusting IRWD FACILITIES: $ per valve box adjustment
$ per sewer manhole adjustment
Deposit amount (Numbers of Adjustments X nnlt cost for each) + 5%: $.
IN WITNESS WHEREOF, the parties to the Agreement have executed this Addendum.
IRVINE RANCH WATER DISTRICT
By. Dated
General Manager
CITY OF TUSTIN
Dated
By.
Project Manager