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Home My WebLink About10 DOM. WATER FAC. 04-02-01AGENDA REPORT MEETING DATE: APRIL 2, 2001 ~ No. 10 400-10 04-02-01 Inter-Corn Q TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF A REIMBURSEMENT AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT FOR THE CONSTRUCTION OF AN EDINGER AVENUE DOMESTIC WATER FACILITY FROM FUTURE WEST CONNECTOR TO FUTURE TUSTIN RANCH ROAD SUMMARY Approval of a Reimbursement Agreement with the Irvine Ranch Water District (IRWD) which provides for the construction of a domestic water facility in conjunction with the City's Edinger Avenue Widening Project (CIP No. 7132). The City's contractor for the roadway widening will install the domestic water facility and then IRWD will reimburse the City for the actual costs. RECOMMENDATION It is recommended that the City Council approve the Reimbursement Agreement with the Irvine Ranch Water District for the Construction of an Edinger Avenue Domestic Water Facility and authorize the Mayor and City Clerk to execute the document. FISCAL IMPACT The construction and administration costs for the domestic water facility are estimated at $145,000. The agreement provides for full reimbursement of actual project costs by IRWD to the City after construction and approval. BACKGROUND The City of Tustin plans to widen Edinger Avenue from east of Red Hill Avenue to west of Jamboree Road (CIP No.7132). Within the project limits, IRWD has plans to expand their system by adding a domestic water facility. The City and IRWD have determined it would be more efficient to construct the domestic water facility as a part of the roadway widening project. The domestic water facility includes approximately 1200 feet of 12-inch diameter water pipe between the intersection of Edinger Avenue and future West Connector and Future Tustin Ranch Road. The plans and specification for this facility have been prepared and approved. DISCUSSION The Reimbursement Agreement was approved by the IRWD Board on March 12, 2001. The agreement includes provisions that the City will add the approved plans and specifications for the domestic water facility to the bid documents for the Edinger Avenue widening project (CIP No.7132). IRWD will provide review and approval of the water facility items before award of the contract. In the event IRWD does not approve the bid costs, there are provisions which allow iRWD to provide an alternate suitable contractor. IRWD will inspect the construction of the domestic water facility. After completion and approval, IRWD will reimburse the City for the actual project costs of all items Approval of a Reimbursement Agreement with the Irvine Ranch Water District for the Construction of an Edinger Avenue Domestic Water Facility from Future West Connector to Future Tustin Ranch Road April 2, 2001 Page 2 associated with surveying, compaction testing, permits, construction, administration, accounting. reproductions, and legal costs. Approval for bidding of the Edinger Avenue Widening Project from east of Red Hill Avenue to west of Jamboree Road (CIP No.7132) is scheduled for April 2. 2001 as a separate City Council item. The City Attorney has reviewed and approved the agreement as to form. It is recommended that the City Council approve the Reimbursement Agreement with the Irvine Ranch Water District for the construction of an Edinger Avenue domestic water facility. /::~ Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Service Manager 'TDS:DRK:RLS'cc~I:App~oval IRWD A~reement.doc Attachments: Reimbursement Agreement REIMBURSEMENT AGREEMENT BET\VEEN IRVINE RANCH WATER DISTR1CT AND THE CITY OF TUSTIN FOR TItE CONSTRUCTION OF .AN EDINGER AVENUE DOMESTIC WATER FACILITY FROM FUTIJRE. WEST CO.,~ECTOR TO FUTURE TUSTIN IL-XNCH ROAD. This Agreement is made and entered into as of .... 2001, by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to California Water District l,aw, ("DISTRICT"), and CITY OF TUST1N, a municipal corporation, ("CITY"), collectively the "Parties". RECI'I'ALS: A. Edinger Avenue Widening from e,'~st of Red Hill Ax enue to West of Jamboree Road (Cib' of Tustin Capital Improvement Program #7132), hereinafter retbrred to as the "Project" is situated within the boundaries of'DISTRICT, the general location of which is depicted on Exhibit "A" of this Agreement; and B. The construction of the Project will allow for more efficent construction of a DISTRICT 12 inch diameter domestic water faciliv,.' approximately 1200 feet in length within the Project limits as depicted on the design plans which arc listed on Exhibit ~'B" of this agreement and hereinafter referred to as the "DISTR. ICT DOMES'FIC \¥'ATER FACILITY": and C. CITY proposes to construct the Project, and the parties have determined that it would be more efficient for CITY to construct the DISTRICI' DOMESTIC WA'f ER FAC1LITY rather than for DISTRICT to do so at this time. due to the particular alignment and construction scheduling of DIS'ITRICT DOMESTIC WATER FACILITY; and D. DIS'I'ILIC'F is amenable to the construction of DIST[LICT I)OMES'FIC WATER FACILITY by' CITY at the cost to C. ITY, which cost is to be reimbursed by I)ISTRICT after thc work is completed and accepted; and E. DISTILICT DOMESTIC WATER FAC IL }TY shall be Ibc property of DI STRICT in accordance with the terms and conditions hereinafter set forth. -I- NOW, THEREFORE, thc 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 above-described improvements, the construction of DISTRICT DOMESTIC WATER FACILITY and D1STRICT agrees to cooperate with CITY with respect to the construction and schedules for completion of DISTRICT DOMESTIC \VATER FACILITY. SECTION 2. CITY agrees that DISTRICT DOMESTIC WATER FACII,ITY shall be completed pursuant to I)I STRI CT approved plans and specifications ("Plans and Specifications") which shall be supplied by CITY. SECTION 3. The Parties agree that the construction of DIST1LICT DOMESTIC WATER FACILITY shall be included in CITY proposed Project plans, and I)[STR1C[ DOMESTIC WATER FACILITY shall be bid as a separate item or items that can be deleted. Upon opening of bids by CITY, CITY will submit the bid results to DISTRICT for review and approval. CITY agrees that bids received for the construction of' DISTRICT DOMESTIC WATER FACILITY shall be subject to the approval of D1STRICT prior to award ol'the construction contract including DISTRICI' DOMESTIC WATER FACILI I'Y: and further agrees that in the event I)ISTRICT docs not approx'e such bids, this Agreement may be terminated by either part3'. I)ISTRICT shall have a period of fifteen (15) calendar days fbr review of the bid results and approval of the successful bidder. If DISTRICT tinds the bid result unacceptable, it will inform the CiD' to delete the bid items from the bid and provide DISTRICT a 120 day construction period for its work. DISTRICT will then procure and deliver a suitable contractor fbr the work within 60 days of said notification, and DISTRICT will complete the construction of DISTR1CT DOMESTIC WATER FACII.ITY. Total estimated construction cost for DISTRICT DOMESTIC WATER FACILITY is S145.000 based on thc cost estimate shown in Exhibit "C" of this agreement. However, the amount to be reimbursed by D1STRICT shall be based on the actual approved costs of construction. Upon award of the construction contract, CITY shall provide DISTRICT with one (1) original set of the fully executed contract documents and one (1) copy of each of the bid £orms. SECTION 4. CI'I'Y shall promptly' furnish DISTRICT with txxo (2) copies of each proposed change order to the approved contract within five (5) working days ol'initiation of changed conditions to the contract, which shall be subject to DIS'['RIC'[' approval if and to the extent anv of D[STRIC'I' DOMESTIC WATER FACILITY is affected thereby. D] S'I'RI C]' shall have a maximum often (10) working days to review and respond to an3: such proposed change order. SECTION 5. CITY agrees that if an).' revision during design or construction is requested by CITY to Plans and Specifications (approved pursuant to Section 3 herein), which would increase the cost of the DISTRICT DOMESTIC WATER FACILITY. such revision shall be subject to DISTRICT concttrrence thai tile revision is necessary. If DISTRICT concurrence is not obtained the increased costs shall not be reimbursed by DISTRICT. The cost of any revisions requested by DISTRICT and incorporated into the contract, shall be reimbursed bv DISTRICT as provided herein. SEC'I'ION 6. DISTRICT agrees to accept DISTRICT I')OMESTIC WATER FACILITY when DISTRICT DOMESTIC WATER FACILITY has been completed by CITY in accordance with all requirements of Plans and Specifications, including an).' change orders approved by DISTRICT as provided in Section 4 and 5 herein. Within thin)' (30) days tbllowing receipt from C1TY of each such invoice for a construction progress payment, DISTRICT shall deposit with CITY the amount of such invoice. Separate accounts shall be kept for all amounts expended by CITY in relation to DISTRICT DOMESTIC W:\'FER FACILITY. \Vithin sixty (60) days of CITY's final acceptance of DISTRICT DOMESTIC WATER. FACILITY, a final accounling ("Final Account~n= 1 of the actual costs of all items associated with surveying, compaction testing, permits, construction, administration, accounting, reproductions, and legal costs ("Costs") expended on behalf of the DISTRIC-I' for DISTRICT DOMI?;STIC WATER FACILITY shall be made by CITY. excluding the total cost of the preparation of this Agreement. D1STRICT agrees to pay to CITY within thirt-y (.30) days of receipt of the Final Accounting, the total amount of Costs. SECTION 7.1)IS'FRIC'I' shall pay Costs without offsc~ or reduction from other sources within the time flame set forth in Section 6. SECTION 8. DISTRICT shall have sole and absolute discretion as to all aspects of design and construction of DISTRICT DOMESTIC WATER FACILITY. and DIS'I'R1CT shall be entitled to inspect the construction o'[' DI STRICT I)OMESTIC WATER FACILITY as it deems necessary lo assure compliance with Plans and Specifications, including shop drawing review and/or material inspection thereof: DISTRIC'F will promptly nmifv CITY of any portion of the work on DISTR1CT DOMESTIC WATER FACII...ITY. ~x'hich appears not to conforms to thc Plans and Specifications. The determination o f DI STRI CT as to conformity o I' D1S"I'RI CT -3- DOMESTIC WATER FACILITY with Plans and Specifications sh',dl be made in DISTRICT's sole and absolute discretion. DISTRICT agrees not to unreasonably withhold its approval as to such confbrmity. CITY shall require its contractor to construct DISTILICT DOMESTIC WATER FACILITY so that DISTRICT DOMES'FIC \VATFR FACILITY conJbrm to Plans and Specifications. CITY agees to assume full responsibility for certifying or obtaining certification of the compaction of backfill material over I)ISTR.ICT DOMESTIC WATER FACILI'['Y. SEC, TION 9. At the time of completion and acceptance of DISTRICT DOMESTIC WATER I:'ACILITY, CITY agrees to furnish I)ISTt~ICT with "as-built" drawings and one (1) copy.' each of the compaction reports and certificate, and cut sheets. SECTION I 0. It is mutually agreed between the parties hereto that notwithstanding the fact that CITY shall accomplish the construction of DISTR1CT DOMEST1C WATER FACILITY subject to reimbursement, DISTRICT DOMESTIC WATER FACIkI'FY 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 DIS'fRICT. as modified or amended from time to time. CI-I"Y hereby disclaims any interest in DISTRICT DOMESTIC WATER FACILITY and does hereby transfer and assign to DISTR1CT any and all right, title, and interest it may have in DISTR1CT DOMESTIC WATER FACILITY. 1)IS-I"RICT shall own, operate and maintain DISTRICT DOMESTIC WATER FACILITY lbllowing acceptance thereof. SECTION 11. CITY agrees to cause its contractor for DIS-I'RICT I.)OMES]'IC WATER FACILITY to guarantee such D1 STRICT DOMESTIC W,.\TER FACILITY against defects in workmanship and materials for a period of one (1) year fi'om thc date of acceptance by DISTRICT. It is further agreed that (.'I'I'Y shall assume the responsibility thru DISTRIC'F DOMESTIC WATER F ACII.ITY shall be brought or restored to 'full compliance with the requirements of Plans and Specifications, including any/est requirements, for any portion of i)ISTRICT DOMESTIC. WATER FACILITY which during said one (I') 3'ear period is found not to be in conlbrmance with the provisions of Plans and Specifications. This guarantee is in addition to any and all other xvarranties, expressed or implied, from ClTY contractors or material manufhcturers with respect to D1STRICT DOMESTIC WATER FACILITY. The guarantee and obligations under this section shall in no way bc relieved by DISTILICT inspection and/or approval of I)ISTRICT DOMESTIC WATER FACII_.ITY. This section sels tbrth the entire guarantee and warranty of CITY with respect to DIS'I-RICT DOMES'['lC WATI.'iR FACILITY. -4- but this section shall in no way limit any expressed or implied warranties of other persons, with respect to D1STRICT DOlviESTIC WATER FACILITY. SECTION 12. CITY shall indemnif?, defend and hold D1STPdCT, its officers, agents and employees harmless from any expense, liabilit?' or claim for death, injury, loss, damage or expense to persons or property which mat' arise or is claimed to have arisen during construction o1' D1STRICT DOMEST1C WATER FACILITY and prior to acceptance by DISTPdC'F. as a result of any work or action performed by CITY or on behalf of CITY, saYe and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence of DISTRICT. its officers, agents or employees or by any act or omission for which DIS'ERIC'r, its officers, agents or employees 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 or any act performed by DISTRICT, its officers, agents, or employees, with respect to DISTRICT DOMESTIC WATER FACILITY construction; or (ii) tbllowing DISTRICT acceptance o1' DISTRICT DOMESTIC WATER FACILITY with respect to maintenance and operation, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence of CITY, its officers, agents or employees, or by any act or omission for which CITY. its officers, agents or employees are liable without thult. SEC-I'ION 13. CITY shall cause its contractors for the construction of DISTR1CT DOM ESTIC WATER FACILITY to obtain insurance coverage su['ficiently broad to insure the matters set fbrth in this Agreement and to include D1STRICT 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 D1STRICT DOMESTIC WATER FACILITY. provide I)ISTRICT with certificates of insurance and insurance endorsements in forms that are acceptable to DISTRICT. SECTION 14. I)ISTRICT shall have the right to terminate this Agreement at any time, subjec~ to the provisions of this section. It: at thc request or direction of a pan'3.' other than CI'FY. including D1 STRICT, DI STRICT I)OMESTI C W A'I- [~ R FAC ILIT¥ construction is not accomplished or completed, DISTRICI' shall remain obligated lbr thc actual amount of any -5- Costs incurred bv CITY for the items set forth and as provided lbr in Section 6 above to the date of termination. SECTION 15. Any notice or other written instrument required or permitted by this Agreement lo be given to either part)' shall be deemed received when personally sen'ed or rwenty-tbur (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: DISTRICT: lrvine Ranch Water District 15600 Sand Canyon Avenue l~'ine. CA 92618-3102 Altn: General Manager CITY: City of Tustin 300 Centennial Way Tustin CA 92780 At-tn: Tim Serlet, Director of Public Works/City Engineer SECTI()N 16. This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and DISTRICT. This Agreement constitules the entire Agreemcnl between CITY and DISTRICT and supersedes all prior understandings and Agreements between the parties with respect to the subjects hereof. '['his Agreement ma)' be only modified in writing signed by both parties hereto. SECTION 17. In lhe event of any declaratory or other legal or equitable action instituted between CITY and DISTRICT in connection with this Agreement, the prevailing part))' shall be entitled to recover ii'om thc losing party all of its costs and expenses, including court costs and reasonable attorneys' l~zes. SI:;C'I-ION 18. Anv approval required to be given by either part)): pursuant to this Agreement, shall be deemed given if no response lo the party's request for such approval is received by the requesting party within fi lieen (15) days following the request £or such approval. -6- IN WI'I~ESS WHERe;OF, the parties to lhe Agreement have executed this Agreement on the date hereinabove written. 1RVINE RANCH WATER I)ISTRICT ...'/~' j ,,,~ Bz W'.' .~.~ ~'..~>~'/....-~-.~ ~.~_ tTenera/Manager AT. ST: ".. :~ ~" fi' ..~ . SecretaD~,'Assist~t Secretary Dated l)amd "Ch'v" Dated: CI'FY OF TUSTIN, a n~tmicipal Corporation B)': Tracy Wills Worley, Mayor AT'F£ST: Pamela Stoker, City Clerk APPROVED AS TO FOI~M: L6is .leffrey City Attorney -8- Exhibit B Design Plan List Edinger Avenue Domestic Water Facility From Future West Connector to Future Tustin Ranch Road Engineering Design Plans prepared by Boyle Engineering, Newport Beach California Sheet 1 of 4 2 of 4 3 of 4 4 of 4 Title Title Sheet General Notes Water Improvement Plans -Edinger Avenue Sta 42+66.31 to Sta 44+00 Water Improvement Plans -Edinger Avenue Sta 44+00 to Sta 57+74.77 B-lO B-11