Loading...
HomeMy WebLinkAbout08 WICK IRRIGATION SYS 09-04-01 NO .8 AGENDA REPORT o 'o4.o , 400-10 MEETING DATE: SEPTEMBER 4, 2001 TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/FIELD SERVICES APPROVAL OF REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER DISTRICT FOR THE INSTALLATION OF WICK IRRIGATION SYSTEM ON JAMBOREE ROAD SUMMARY Approval of the reimbursement agreement with the Irvine Ranch Water District (IRWD) will provide a sharing of the cost for modifying a portion of the existing irrigation system on Jamboree Road. The modified system is to be evaluated for future use in the medians on Jamboree Road and other locations throughout the City. RECOMMENDATION It is recommended that the City Council approve the reimbursement agreement with the IRWD for the installation of the Wick Irrigation System on Jamboree Road and authorize the Mayor and the City Clerk to execute the document. FISCAL IMPACT The construction cost associated with the modification of the existing irrigation is estimated to be $25,000. This cost will be shared 50/50 by the City of Tustin and the IRWD. Funds are budgeted in the Capital Improvement Program Budget for the Jamboree Road Irrigation Replacement Project (CIP No. 1538). BACKGROUND The existing irrigation on Jamboree Road, north of Tustin Ranch Road was installed as part of the Jamboree Road Improvement Project in late 1989. The existing irrigation system has been evaluated and found to be inefficient' in providing adequate water coverage for the turf in the median. This inefficiency has forced the City to use additional water in order to maintain the turf in an attractive, acceptable condition. The result .of the additional watering has caused wasteful water usage in the form of water run-off, which may have impacted the life expectancy of the asphalt roadway, and has resulted in water penalties being assessed by IRWD. Therefore, there is a need to modify the existing irrigation system to make it more efficient and to 'eliminate as much water run- off as possible. Approval of Reimbursement Agreement With Irvine Ranch Water District for the Installation of Wick Irrigation System on Jamboree Road September' 4,2001 Page 2 DISCUSSION The City of Tustin and the Irvine Ranch Water District have worked together for a solution and have proposed a demonstration plan in which a portion of the existing irrigation system (4 irrigation valves) on Jamboree Road at Patriot Way would be modified with new water conservation components. This demonstration/modification will be evaluated over a period of time for efficiency and water usage, and may be expanded to the rest of the medians on Jamboree Road and possibly to other locations throughout the City. The proposed agreement provides for an equal share of the construction cost for this demonstration project between the City of Tustin and the I RWD, and for the IRWD to pay for the total cost of the design. The benefits of this project will help IRWD in conserving water; help the City by saving money spent annually on penalties; and will also reduCe the water run- off, which may improve the life expectancy of. the paVement. T~m D. Serlet Director of Public Works/City Engineer TDS:WA:ccg:WlCK irrigation.doc Attachment Wisam Altowaiji Field Services Manager File No. REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF TUSTIN FOR THE CONSTRUCTION OF PROJECT NO. 1538 (Tustin Code) This Agreement is made and entered into this day of ,20.~ by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to California Water District Law, hereinafter referred to as "DISTRICT", and the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY". WITNE S SETH: WHEREAS, as part of its Wick Irrigation retrofit, CITY proposes to construct certain improvements in the vicinity of Jamboree Road median in the City of Tustin, County of Orange (the" WICK IRRIGATION IMPROVEMENTS" as depicted in Exhibit "A"); and WHEREAS, to serve property within CITY, DISTRICT desires to participate in WICK IRRIGATION IMPROVEMENTS in the City of Tustin, County of Orange, all of which is within the boundaries of DISTRICT, the general location of which is depicted on Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, the parties have determined that it would be more efficient for CITY to construct WICK IRRIGATION IMPROVEMENTS rather than for DISTRICT to do so; and WHEREAS, DISTRICT is amenable to the construction of WICK IRRIGATION IMPROVEMENTS by CITY at the estimated cost of $25,000, 50% of which cost (not to exceed $12,500) is to be reimbursed by DISTRICT after the work is completed and WHEREAS, except as otherwise provided herein, the WICK IRRIGATION IMPROVEMENTS shall be the property of CITY in accordance with the terms and conditions hereinafter set forth. -1- 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 WICK IRRIGATION IMPROVEMENT and DISTRICT agrees to cooperate with the CITY with respect to the construction and schedules for completion of WICK IRRIGATION IMPROVEMENT SECTION 2. CITY agrees that WICK IRRIGATION IMPROVEMENTS shall be completed pursuant to DISTRICT approved plans and specifications (the "Plans and Specifications") which shall be supplied to CITY by the DISTRICT'S CONSULTANT. The DISTRICT will retain a CONSULTANT, at the district's expense, to provide the plans and specifications which shall be approved by the CITY prior to installation. SECTION 3. The parties agree that the construction of WICK IRRIGATION IMPROVEMENTS shall be bid as a separate item or items that can be deleted. Upon opening.of bids by the CITY, CITY will submit the bid results to DISTRICT for review. CITY agrees that bids received for the construction of WICK IRRIGATION IMPROVEMENTS shall be subject to the approval of DISTRICT prior to award of the construction contract for WICK IRRIGATION IMPROVEMENTS; 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 fifteen (15) calendar days for review of the bid results and approval of the successful bidder. Upon award of the construction contract, CITY shall provide DISTRICT with one (1) 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 CITY's receipt of such change order, which shall be subject to DISTRICT approval if and to the extent any of WICK IRRIGATION IMPROVEMENTS are affected thereby, which approval shall not be unreasonably withheld. SECTION 4. CITY agrees that if any revision during design or construction is requested by CITY to the Plans and Specifications approved pursuant to Section 3 hereof for WICK IRRIGATION IMPROVEMENTS would increase the actual cost above $25,000, 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, if the actual costs exceed $25,000. -2- SECTION 5. DISTRICT intends to pay costs to the CITY from DISTRICT'S Water Conservation budget, 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 below. SECTION 6. At the time of completion and approval by DISTRICT of WICK IRRIGATION IMPROVEMENTS, CITY agrees to furnish DISTRICT with three (3) copies of blueline "as-built" drawings. SECTION 7. Separate accounts shall be kept for all amotmts expended by CITY in relation to WICK IRRIGATION IMPROVEMENTS. DISTRICT shall reimburse CITY the amount of invoice for a construction progress payment submitted by CITY to DISTRICT within thirty (30) days following receipt from CITY of each invoice. Within sixty (60) days of DISTRICT approval as provided in Section 6 of WICK IRRIGATION IMPROVEMENTS, a final accounting of the actual costs of all items associated with construction ("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, total Costs due up to a project total of $12,500. Nothing in this section is intended to change City or District's obligations under Section 4. SECTION 8. CITY will cause its contractor for WICK IRRIGATION IMPROVEMENTS to guarantee WICK IRRIGATION IMPROVEMENTS 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 approval by DISTRICT, which approval shall not be unreasonably withheld. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY contractors or material manufacturers with respect to WICK IRRIGATION IMPROVEMENTS. The guarantee and obligations under this section shall in no way be relieved by DISTRICT or CITY inspection and/or approval of WICK IRRIGATION IMPROVEMENTS. SECTION 9. CITY shall assume the responsibility that WICK IRRIGATION IMPROVEMENTS shall be brought or restored to full compliance with the requirements of the Plans and Specifications including any test requirements for any portion of WICK IRRIGATION IMPROVEMENTS which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. SECTION 10. CITY shall indemnify, defend and hold DISTRICT, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, -3- damage or expense to persons or property which may arise or is claimed to have arisen during construction of WICK IRRIGATION IMPROVEMENTS and prior to approval by CITY, as a result of CITY'S sole negligence or willful misconduct, save and except in those instances where such expense, liability or claim is proximately caused in whole or in part by any willful misconduct 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 o,r 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 DISTRICT'S sole negligence or willful misconduct, with respect to WICK IRRIGATION IMPROVEMENTS construction; or (ii) following DISTRICT approval of WICK IRRIGATION IMPROVEMENTS 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 willful misconduct or 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 11. CITY shall cause its contractors to provide performance and payment bonds for the construction of WICK IRRIGATION IMPROVEMENTS 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 WICK IRRIGATION IMPROVEMENTS, provide DISTRICT a certificate of insurance in a form attached hereto as Exhibit "B" and incorporated by reference herein. SECTION 12. DISTRICT shall have the fight to terminate this Agreement in accordance with section 3, which is prior to award of contract by CITY. If at the request or direction of a party other than CITY, including DISTRICT, WICK IRRIGATION IMPROVEMENTS 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 of construction. SECTION 13. 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' -4- DISTRICT: CITY: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92718 Attn: General Manager The City of Tustin 300 Centennial Way Tustin, CA 92680 Attn: Director of Public Works SECTION 14. This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and DISTRICT. This Agreement constitutes the entire Agreement between CITY and DISTRICT and supercedes all prior understandings and agreements between the parties with respect to the subjects hereof. This Agreement may be only modified in writing signed by both parties hereto. SECTION 15. 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 16. 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 General Manager ATTEST: By Secretary/Assistant Secretary Dated APPROVED AS TO FORM: -5- By Legal Counsel, IRWD Dated CITY OF TUSTIN By Mayor Dated ATTEST: By City Clerk' Dated APPROVED AS TO FORM: City Attorney for City of Tustin By Dated -6- )' o~ ._! P, Oll/Oll ro: CITY OF TUSTIN P.O. Box 1089 Tustin, CA 92781-1089 CITY OF TUSTIN CERTIFICATION OF FNS~CE AND DESIGNA"I"[ON OF NAMED ADDITIONAL INSURED NAME AND ADDRY.,SS OF LNSUi,U~D CONTRA~OR: , NAME AND ADDILI/.SS OF IIqSURANC£ AGENCY: NO MODIFIC.~ TIOIV~ OR ADDITJONS MA Y ~I:' MAD&' TO 'H4I$ FORM EXHIBIT 'B' PROJECT: i i i i i , ...... ii --.. i ~ !11 i ii i ii (MUST HAVE BEST'S RATING OF AT LEAST A, VII) COMI'At~ Y' L,E'r'~R COMPANY Lgl'TER lB: COMI~ANY LETTER C: ;COMP ANY LETTER D: COMPANY LETTER ,E: COMPANY LETTER F: ........ , ,, ~_ This ¢'cmfi¢s' that [~e l~ii~i~ orihs&m~ce listed bdow have b-cc ~"i~s-Ud/l"to tile insured n,.im¢,~bovc, ,r; k] ford* ut th~iime, (hai the City ~1 ............ __ Medical l~cra~ (Any baa Person) CSt, NAIC # · - '' - i i i .$ . s_h?!l be primary widi r~pcct tO any ,tinct ir~urunce i Co, 'ffolicy GENEI~ I. IABTI. I~ [ ] Co~,rml [ ] Occm~cc [ J Owner's & Co.ntracw/s Protccdvc Und~8,mmd [ I Any Auto [ ] Al{ Ownud Aulos [ ] Scheduled Autos [ ] I. Ur~Amos [ ] Non~~Au~os [ ] Guru~e Liubili~ , _ _ t,, [ ] Umbrell~ [ ] Off,er Umbrelln Fo~ - , ,, ,, .. ' ' ' ,'O~-~ "' ........ - .......... Expiralioa Dale ,, \ AGGREGATE :$ ~odi'{y h~jury (.'Per Person) _ Bodily Injury (per 0c;urrcr,cc) Property. .. EACH OCCUP. P..EN CE sr^ruTo~(,/ ..... , , , ..... ..... _ ....... , ,! ., Eu,h Accident Disease-Policy Limit Dise~gach Employeq It is certilis.~ fl~ a waiver of s,,broS~iion i~ h~=by issued [o ~¢ C~i'~ oi' i;usJh, ~'s [?¢rmin~' to the term, of ~1'I '~V°rkm'"~-C'on, peaiSaU0h-lmUrane~i-' · The i~suiug compmy will Bive rl~i~.(3U) days wnuen not/ce to the City of T'usfiu prior m modifiuatim m' canccllutim, and/or in c.w ~fm,y downgrt, d,. fy ~,ut'~ ratl~g. DATE ISSUED: