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1 FUNDING AGREEMENT
2 WRCRWA - Bluff Street Reclaimed Water Pipeline
Project No. 2-6-00993
3 The Riverside County Flood Control and Water Conservation District, hereinafter 4 5 called "DISTRICT", and the City of Corona, hereinafter called "CITY", hereby agree as follows:
6 RECITALS
7 A. CITY has budgeted for and plans to design, construct, operate and maintain certain 8 water reclamation facilities within the city of Corona. These water reclamation facilities will help 9 alleviate reliance on and allow for replenishment of the Temescal Groundwater Basin; and 10 B. These water reclamation facilities will consist of WRCRWA - Bluff Street Reclaimed Water Pipeline ("PROJECT"') consisting of approximately 5,100 lineal feet of 12 13 reclaimed water pipeline system to be constructed between the Western Riverside County 14 Regional Wastewater Authority (WRCRWA) Wastewater Treatment Plant and an existing 20- 15 inch reclaimed water pipeline located in River. Road at Bluff Street, as shown in concept in red 16 on Exhibit "A" attached hereto and made a part hereof; and 17 CITY desires that DISTRICT, pursuant to California Water Code Appendix 48-1 18 et seq., contribute funding for the construction of PROJECT which benefits the zone in which the 19 20 project is located; and
21 D. DISTRICT wishes to support CITY'S efforts to design and construct PROJECT 22 by providing financial contributions toward the following:
23 District-approved design costs ("DESIGN COST") for PROJECT; (i)
24 (ii) Approved cost of construction bid amount for PROJECT by lowest 25 responsible bidder ("BID AMOUNT"); and
26 (iii) District-approved change orders ("CHANGE ORDERS") for PROJECT. 27 28
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1 Together, DESIGN COST, BID AMOUNT and CHANGE ORDERS are called 2 ("ACTUAL CONSTRUCTION COSTS"); and
3 E. DISTRICT wishes to provide only financial assistance to CITY and have no other 4 role; and
5 6 F. DISTRICT wishes to contribute fifty percent (50%) of ACTUAL 7 CONSTRUCTION COSTS for the construction of PROJECT. DISTRICT will contribute fifty 8 percent (50%) of DESIGN COST ("DESIGN CONTRIBUTION"), fifty percent (50%) of BID 9 AMOUNT ("BID CONTRIBUTION") and fifty percent (50%) of the cost of CHANGE ORDERS 10 ("FINAL DISTRICT CONTRIBUTION"). Together, DESIGN CONTRIBUTION, BID CONTRIBUTION and FINAL DISTRICT CONTRIBUTION are called "TOTAL DISTRICT 12 13 CONTRIBUTION"; and
14 G. TOTAL DISTRICT CONTRIBUTION shall not exceed one million five hundred 15 thousand dollars ($1,500,000).
16 NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants 17 contained, the parties hereto mutually agree as follows: ' 18 SECTION I
19 20 CITY shall:
21 1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead 22 Agency and assume responsibility for preparation, circulation and adoption of all necessary and 23 appropriate CEQA documents pertaining to the construction, operation and maintenance of 24 PROJECT.
25 2. Provide DISTRICT with the estimated PROJECT engineering design cost and 26 associated design schedule. As PROJECT design progresses, CITY shall update said design 27 28 schedule as requested by DISTRICT.
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1 Prepare or cause to be prepared the necessary plans and specifications for 2 PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicable 3 DISTRICT and CITY standards, and provide a copy to DISTRICT for its record prior to 4 advertising PROJECT for construction bids.
6 Keep an accurate accounting of DESIGN COST, and include this accounting when 7 invoicing DISTRICT for payment of DESIGN CONTRIBUTION. 8 Invoice DISTRICT for DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS by all parties.
10 Obtain, at its sole cost and expense, all necessary permits, approvals or agreements 11 12 required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. 13 7. Obtain all necessary rights of way, rights of entry and temporary construction 14 easements, if any, necessary to construct, operate and maintain PROJECT. 15 Advertise, award and administer a public works construction contract for 16 PROJECT at its sole cost and expense.
17 Provide DISTRICT with written notice (Attention: Water Conservation Planning 18 Section) that CITY has awarded a construction contract for PROJECT. The written notice shall 19 20 include the Contractor's actual bid amount for PROJECT, setting forth the lowest responsible bid 21 contract price for PROJECT construction as set forth herein. 22 10. Prior to commencing PROJECT construction, furnish DISTRICT with copies of 23 IMPROVEMENT PLANS signed by all parties.
24 11. Keep an accurate accounting of BID AMOUNT and CHANGE ORDERS for 25 PROJECT, and include this accounting when invoicing DISTRICT for payment of BID 26 CONTRIBUTION and FINAL DISTRICT CONTRIBUTION.
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1 12.
Invoice DISTRICT (Attention: Chief of Watershed Protection) for BID 2 CONTRIBUTION at the time of providing written notice of the award of a construction contract 3 for PROJECT as set forth in Section I.9.
4 13. Construct or cause to be constructed PROJECT pursuant to a CITY administered 5 6 construction contract, and pay all costs associated therewith. 7 14. Inspect PROJECT construction or cause PROJECT'S construction to be inspected 8 by its construction managers).
9 15. Furnish or cause its construction managers) to furnish all construction survey and 10 materials testing services necessary to construct PROJECT.
16. Assume ownership and sole responsibility for the operation and maintenance of 12 13 PROJECT.
14 17. Upon completion of construction of PROJECT, provide or cause its civil engineer 15 of record or construction civil engineer of record, duly registered in the State of California, to 16 provide DISTRICT with "RECORD DRAWING" plans.
17 18. Upon completion of construction of PROJECT, provide DISTRICT with written 18 19 justification and accounting for any CHANGE ORDERS, and provide DISTRICT with the 20 opportunity to review and approve said CHANGE ORDERS). 21 19. Upon DISTRICT'S approval or rejection of CHANGE ORDER(S), conduct a final 22 accounting of ACTUAL CONSTRUCTION COSTS for PROJECT, invoice DISTRICT 23 (Attention: Chief of Watershed Protection) for FINAL DISTRICT CONTRIBUTION for 24 PROJECT, and provide DISTRICT with a copy of CITY'S recorded Notice of Completion for 25 PROJECT.
26 27 SECTION II
28 DISTRICT shall:
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1 Act as a Responsible Agency under CEQA, taking all necessary and appropriate 2 action to comply with CEQA for PROJECT.
3 Within thirty (30) calendar days following CITY'S providing justification for and 4 accounting of any CHANGE ORDER(S), review and approve or reject CHANGE ORDERS. 5 6 3. Pay CITY within forty-five (45) days after receipt of CITY'S appropriate 7 invoice(s) for DESIGN CONTRIBUTION, BID CONTRIBUTION and FINAL DISTRICT 8 CONTRIBUTION as set forth in Sections I.5., I.12. and I.19. 9 SECTION III
10 It is further mutually agreed:
11 TOTAL DISTRICT CONTRIBUTION shall not exceed one million five hundred 12 13 thousand dollars ($1,500,000) and shall be used by CITY solely for the purpose of designing and 14 constructing PROJECT as set forth herein.
15 CITY shall indemnify, defend, save and hold harmless DISTRICT and County of 16 Riverside (including their respective officers, districts, special districts and departments, their 17 respective directors, officers, Board of Supervisors, elected and appointed officials, employees, 18 agents, representatives, independent contractors and subcontractors) from any liabilities, claim, 19 20 damage, proceeding or action, present or future, based upon, arising out of or in any way relating 21 to CITY'S (including its officers, employees, agents, representatives, independent contractors, 22 and subcontractors) actual or alleged acts or omissions related to this Agreement, performance 23 under this Agreement or failure to comply with the requirements of this Agreement including, but 24 not limited to (a) property damage, (b) bodily injury or death, (c) payment of attorney's fees or 25 (d) any other element of any kind or nature whatsoever. 26 DISTRICT shall indemnify, defend, save and hold harmless CITY (including its 27 28 officers, employees, agents, representatives, independent contractors and subcontractors) from - 5-
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1 any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of 2 or in any way relating to DISTRICT'S (including its officers, Board of Supervisors, elected and 3 appointed officials, employees, agents, representatives, independent contractors and 4 5 subcontractors) actual or alleged acts or omissions related to this Agreement, performance under this Agreement, or failure to comply with the requirements of this Agreement including, but not 7 limited to (a) property damage, (b) bodily injury or death, (c) payment of attorney's fees or (d) 8 any other element of any kind or nature whatsoever.
9 4. Any waiver by DISTRICT or by CITY of any breach of any one or more of the 10 terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach 11 of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require 12 13 exact, full and complete compliance with any terms of this Agreement shall not be construed as 14 in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcement 15 hereof.
16 This Agreement is to be construed in accordance with the laws of the State of 17 California.
18 Any and all notices sent or required to be sent to the parties of this Agreement will 19 20 be mailed by first class mail, postage prepaid, to the following addresses:
21 RIVERSIDE COUNTY FLOOD CONTROL CITY OF CORONA
AND WATER CONSERVATION DISTRICT 755 Corporation Yard Way 22 1995 Market Street Corona, CA 92880
Riverside, CA 92501 Attn: Tom Koper (Department of
23 Attn: Watershed Protection Division Water and Power) 24 If any provision in this Agreement is held by a court of competent jurisdiction to 25 be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force 26 without being impaired or invalidated in any way.
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1 This Agreement is the result of negotiations between the parties hereto and the 2 advice and assistance of their respective counsel. The fact that this Agreement was prepared as a 3 matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or 4 ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT 5 prepared this Agreement in its final form.
7 9. This Agreement is made and entered into for the sole protection and benefit of the 8 parties hereto. No other person or entity shall have any right or action based upon the provisions of this Agreement.
10 10. Any action at law or in equity brought by any of the parties hereto for the purpose =
of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent 12 13 jurisdiction in the County of Riverside, State of California, and the parties hereto waive all 14 provisions of law providing for a change of venue in such proceedings to any other county. 15 11. In the event of any arbitration, açtion or suit brought by either CITY or DISTRICT 16 against the other party by reason of any breach on the part of the other party of any of the 17 covenants and agreements set forth in this Agreement, or any other dispute between DISTRICT 18 and CITY concerning this Agreement, the prevailing party in any such action or dispute, by a 19 20 final judgment or arbitration award, shall be entitled to have and recover from the other party all 21 costs and expenses or claims including, but not limited to, attorney's fees and expert witness fess. 22 This section shall survive any termination of this Agreement. 23 12. Time is of the essence in prosecuting the work contemplated under this 24 Agreement. At any time during the term of this Agreement, DISTRICT may terminate this 25 Agreement for cause including, but not limited to, CITY'S failure to prosecute the work in a timely 26 manner, upon providing CITY thirty (30) days written notice stating the extent and effective date 27 28 of termination.
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1 13. The obligation(s) of DISTRICT are limited by and contingent upon the availability 2 of DISTRICT funds for DISTRICT'S financial contribution towards PROJECT as set forth herein. 3 In the event that such funds are not forthcoming for any reason, DISTRICT shall immediately 4 s notify CITY in writing.
6 14. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous 9 agreements and understandings, oral and written, in connection therewith. This Agreement may 10 be changed or modified only upon the written consent of the parties hereto. 11 12
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on APR 1 1 2017
3 (to be filled in by Clerk of the Board)
4 5
RIVERSIDE COUNTY FLOOD CONTROL
6 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT 7 By By Main Alleley
8 JASON E. UHLEY MARION ASHLEY, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water Conservation District Board of Supervisors
10 11
12 APPROVED AS TO FORM: ATTEST:
13 GREGORY P. PRIAMOS KECIA HARPER-IHEM
County Counsel Clerk of the Board
14 15 By
NEAL R. KIPNIS
16 Deputy County Counsel
17 18 (SEAL)
19 20
21 22
23 24
25 Funding Agreement - City of Corona
26 WRCRWA - Bluff Street Reclaimed Water Pipeline
Project No. 2-6-0993
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2 CITY OF CORONA
3 4 DARRELL TALBER
MAn City Manager
5 7
APPROVED AS TO FORM: • ATTEST:
8 Xuxul
9 By
10 LISA MOBLEY
City Attorney City Clerk
111
12 (SEAL)
13 14
15 16
17 18
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23 24
25 26 FURR me or Comed Water Pipeline
Project No. 2-6-0993
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RIVER
WRORWA
E A
CHIBIT
BLUFF
Legend
Proposed Reclaimed Water Pipe
38031
City of Corona
CORONA
BECIRCLE CMY
WRCRWA - Bluff Street Reclaimed Water Pipeline