REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF MURRIETA, CALIFORNIA
AND
EASTERN MUNICIPAL WATER DISTRICT
FOR
EMWD FACILITY ADJUSTMENTS FOR
2023 CITYWIDE SLURRY SEAL PROJECT, CIP 13048
THIS AGREEMENT is made and entered into as of _, between the CITY OF MURRIETA, California, a municipal corporation, hereinafter referred to as "CITY," and EASTERN MUNICIPAL WATER DISTRICT, a municipal water district organized and operating pursuant t he Municipal Water District Law of 1911 as set forth in the California Water Code, hereinafte referred to as "EMWD." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows:
Section 1. Purpose. The purpose of this Agreement is to establish reimbursement to CITY by EMWD for the cost of adjusting EMWD facilities (manholes) as shown on the attached bid sheet which are made part of this Agreement as Attachment "A" , in conjunction with the improvement of the 2023 CITYWIDE SLURRY SEAL Project, CIP 13048, hereinafter referred to as "PROJECT".
Existing manholes owned by EMWD must be single adjusted to grade as part of the PROJECT.
The quantity of the bid item for "Single Adjust Manhole (EMWD)" is an estimated quantity. Should additional adjustment be deemed necessary by the CITY and EMWD during the course of construction, then EMWD shall be responsible for reimbursing the CITY for the additional adjustments not described on the bid sheet. The facilities to be adjusted are within the CITY's right- of-way. Pursuant to this Agreement, EMWD agrees to pay for the adjustments of the manhole facilities that are located in the CITY's right-of-way and are related to the PROJECT.
Section II. Bid Items. EMWD shall reimburse the CITY one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENTS"), for the adjustments of certain EMWD facilities within the PROJECT area, as detailed in the table below. The costs for the REIMBURSEMENTS to CITY by EMWD shall include those facility items as shown on the attached Bid Sheet in Attachment "A", which is made a part of this Agreement. The estimated costs for the bid items on the Bid Sheet ("Bid Items") are provided below based on the engineer's estimate for the PROJECT. EMWD shall reimburse the City using the actual bid prices provided by the Bid Sheet plus the cost of any EMWD-approved change order(s). The estimated costs for the bid item on the Bid Sheet are provided below based on the engineer's estimate for the PROJECT.
TOTAL ESTIMATED PROJECT BID ITEMS FROM ATTACHMENT "A"
Estimated Estimated Estimated
Item: Item Quantity Unit Cost Ext Amount
Single Adjust Manhole (EMWD) 100 EA $814.00 $81,400.00
Total Estimated EMWD Reimbursements to City: $81,400.00 01375.0024/1012eimbursement Agreement Between City of Murieta and EASTERN MUNICIPAL WATER DISTRICT for EMWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 Section Ill. Construction and Costs.
Bidding. Costs for the construction are based upon the construction bids that will be received for the PROJECT for the Bid Items referenced in Section Il as shown on the Bid Sheet for the PROJECT. CITY Will evaluate and analyze all bids received and select the lowest responsible bidder for the PROJECT (hereinafter referred to as "CONTRACTOR"). Per EMWD requirements, the CITY agrees that the bid package will require the CONTRACTOR who will perform work on the sewer items shall have either an "A" or "C34" Contractor's License.
EMWD Right to Perform. To provide EMWD the option to perform the work identified at Section Il as work that is EMWD's responsibility, the CITY's construction bid package shall identify EMWD's Bid Items as Additive Bid Items. Upon receipt of the bids and determination of the lowest responsive and responsible bidder for the PROJECT, the CITY shall notify EMWD of its identified portion of the construction costs for the Bid Items. At that time, EMWD may elect to specifications. If EMWD elects to perform the Bid Items, EMWD shall bear all costs associated with that work and the CITY shall not include said Bid Items in the contract with the CONTRACTOR. EMWD shall be given a "construction window" inside the PROJECT traffic control to complete the manhole adjustments. Moreover, EMWD shall bear all costs associated with the manhole adjustments, included but not limited to, delay to the CITY'S CONTRACTOR or utility coordination efforts needed as a result of having multiple contractors on site. EMWD shall provide written notice to the City Engineer of its determination to perform the Bid Items within fourteen (14) calendar days from the date of receipt of the CITY's identification of its lowest responsive and responsible bidder or EMWD waives any right to construct the Bid Items.
C. Payment. EMWD shall maintain a contingency amount equal to ten percent (10%) of the total estimated costs of the adjustment of the sewer facilities to account for unforeseen changes to the PROJECT. The CITY shall obtain written approval from EMWD prior to the approval of any change orders associated with the adjustments of the facilities EMWD is financially responsible for and authorize the CONTRACTOR to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of EMWD in connection with PROJECT construction shall be borne by EMWD. EMWD shall respond to any PROJECT change orders within fourteen (14) calendar days.
CITY shall make payment to CONTRACTOR for all work performed. Actual costs shall be identified and billed to EMWD for payment on the following basis:
30) days of receipt of the approved invoice.
Section IV. Plans, Permits and Contacts.
Plans and Specifications. EMWD acknowledges that it has reviewed and approved all plans and specifications for the adjustments of the sewer facilities as shown on the attached plans and the estimated bid amounts are reasonable.
CEQA. The CITY shall be responsible for obtaining any and all environmental as may be applicable.
01375.0024/1012569.1 Page 2 of 6
leimbursement Agreement Between City of Murrieta and EASTERN MUNICIPAL WATER DISTRICT fo MWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 1304:
Agreement Management. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY designates Mr. Jeff Hitch, City Engineer, as the contact for CITY in regard to this Agreement. EMWD designates Mr. Armando Arroyo, Director of Development Services, as the contact for EMWD to facilitate the REIMBURSEMENTS identified herein.
Section V. Inspection. EMWD shall be responsible to inspect the construction of all EMWD facilities, as shown on Attachment "A" and described in Section II of this Agreement, and the performance of the involved work by CITY's CONTRACTOR for compliance with the approved construction plans and specifications and/or for EMWD's own work if such work has been undertaken by EMWD pursuant to Section IlI(b). EMWD's inspection personnel shall have the authority to enforce EMWD's construction plans and specifications for the PROJECT, which authority shall include the authority to require that any and all unacceptable materials, workmanship, and/or installation be replaced, repaired, or corrected by CITY's CONTRACTOR without cost to EMWD.
If EMWD undertakes the performance of the PROJECT's Bid items shown in Section I under Total Estimated Project Bid Items From Attachment "A," and if, through the failure of EMWD to provide access and control of the construction site within the time allotted by the Project Specifications, the CITY's CONTRACTOR sustains loss which could not have been avoided by the judicious handling of forces and/or equipment, EMWD shall be liable for that part of the CITY's CONTRACTOR's actual loss, that was unavoidable in accordance with State of California, Department of Transportation Standard Specifications section 8-1.09, RIGHT-OF-WAY DELAYS.
Section VI. Insurance and Indemnity. For the period during which CITY or its CONTRACTOR(s) controls the job site, CITY will provide, or cause to be provided, for the entire period of construction, a policy of workers' compensation insurance and comprehensive general liability insurance with coverage broad enough to include the contractual obligation it may have under the construction contract and having a combined single limit of liability in the amount of $2,000,000 covering EMWD's officers, employees, and agents as additional insureds.
If EMWD undertakes to perform the PROJECT's Bid Items shown in Section II under Total Estimated Project Bid Items from Attachment "A" pursuant to Section III(b), EMWD, prior to commencement of the work and for the period during which EMWD operates at the job site, will provide, or cause to be provided, for the entire period of construction, a policy of workers' compensation insurance and comprehensive general liability insurance with coverage broad enough to include the contractual obligation it may have under the construction contract and having a combined single limit of liability in the amount of $1,000,000 per occurrence with a $5,000,000 aggregate covering the CITY's officials, officers, employees, and agents as additional insureds.
EMWD and the CITY each hereby agree to indemnify, defend, and hold harmless the other party and their respective directors, officials, officers, employees and agents from and against any claims, actions, damages and liabilities arising out of or in any manner connected with any act or omission of such indemnifying party, performed in connection with such party's duties and obligations hereunder. This Clause shall survive the termination of this agreement.
Section VII. Notices. All notices under this Agreement shall be sent as follows:
01375.0024/1012569.1
Reimbursement Agreement Between City of Murrieta and EASTERN MUNICIPAL WATER DISTRICT for EMWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 WATER DISTRICT: EASTERN MUNICIPAL WATER DISTRICT
P.O. Box 8300
Perris, CA 92572
Attn: Armando Arroyo, Director of Development Services
CITY: City of Murrieta
1 Town Square
Murrieta, CA 92562
Attn: Jeff Hitch, City Engineer
Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given.
Section VIII. Amendment. This Agreement may only be amended in writing upon the mutual written consent of both parties.
Section IX. Laws, Venue and Attorney's Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state of federal court situated in the County of Riverside, State of California. In the event of any such litigation between the Parties, the prevailing Party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.
Section X. Interpretation and Headings. This Agreement shall not to be construed against the Party preparing it but shall be construed as if both Parties prepared it. Headings to paragraph/subparagraphs of this Agreement are for convenience purposes only and are not part of this Agreement.
Section XI. Provisions Binding. This Agreement and the Exhibits attached hereto are binding on the heirs, representatives, successors, and assigns of the Parties of this Agreement.
Section XIII. Authority to Sign Agreement. The undersigned individuals hereby warrant and represent that they each have full legal authority to sign this Agreement and bind the 01375.0024/1012569.1 Page 4 of 6
Reimbursement Agreement Between City of Murrieta and EASTERN MUNICIPAL WATER DISTRICT for EMWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 Parties hereto.
This Agreement is effective as of the date set forth above.
EMWD:
EASTI
JUICIAL WATER DISTRICT
By:
Nouawad, General Manager
By: _
Sheila Zelaya, Board Secretary
APPROVED AS TO FORM:
Steve O'Neill, EMWD Attorney
CITY:
CITY OF MURRIETA
By:
Lori Stone, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
Reimbursement Agreement Between City of Murrieta and EASTERN MUNICIPAL WATER DISTRICT for 01375.0024/1012569.1 EMWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 Attachment "A"
City of Murrieta Bid Sheet and Project Map for 2023 Citywide Slurry Seal Project, CIP 13048
Reimbursement Agreement Between City of Murrieta and EASTERN MUNICIPAL WATER DISTRICT for EMWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 01375.0024/1012569.1
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
BID SHEET
***This Bid Sheet defines how the project will be bid and what will constitute the Lowest Bidder. The actual unit prices and total item prices shall be submitted online on the PlanetBids Vendor Portal as defined in the Instructions to Bidders. Should there be a discrepancy between this Bid Sheet and the electronic proposal, the electronic proposal shall govern.***
2023 CITYWIDE SLURRY SEAL PROJECT
CITY PROJECT NO. 23-479
CIP No. 13048
***Bid Items 8, 9, 10, and 11 on the Bid Sheet have an option "A" and an option "B". Each submitting a bid for (ie either submit a bid for all types of RPMS or all types of REAS. I more than one option is chosen on the Bid Sheet the entire bid will be considered non- responsive.***
ITEM ESTIMATED UNIT TOTAL ITEM
NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
1 Mobilization 1 LS
2 Traffic Control System 1 LS
Water Pollution Control LS
4 Traffic Striping and Pavement Marking Removals LS
5 Encroachment Permits LS
6 Edge Grind/Micro Milling at Curb Ramps (2' Width) 8,500 LF 7 Crack Seal 1 LS
8A Rubber Polymer Modified Slurry (RPMS) Type 1
(Fill in Bid Item 8A or 8B ONLY) 6,504,433 SF
Rubberized Emulsion Aggregate Slurry (REAS) Type 1 Unit prices and 8B 6,504,433 SF total item prices
(Fill in Bid Item &A or 8B ONLY)
Rubber Polymer Modified Slurry (RPMS) Type 2 shall be submitted 9A (Fill in Bid Item 9A or 9B ONLY) 5,407,164 online at PlanetBids.com
9B Rubberized Emulsion Aggregate Slurry (REAS) Type 2
(Fill in Bid Item 9A or 9B ONLY) 5,407,164 SF
10A Rubber Polymer Modified Slurry (RPMS) Type 1 over 3 (Fill in Bid Item 10A or 10B ONLY) 207,290 SF
10B Rubberized Emulsion Aggregate Slurry (REAS) Type 1 over 3 (Fill in Bid Item 10A or 10B ONLY) 207,290 SF
11A Rubber Polymer Modified Slurry (RPMS) Type 2 over 3 (Fill in Bid Item 11A or 11B ONLY) 226,637 SF
Rubberized Emulsion Aggregate Slurry (REAS) Type 2 over 3 11B
(Fill in Bid Item 11A or 11B ONLY) 226,637 SF
12 Pavement Striping Detail 9 1,953
Pavement Striping Detail 12 5,360
14 Pavement Striping Detail 21 6,053 LF
15 Pavement Striping Detail 22 30,870 LF
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
ITEM ESTIMATED UNIT TOTAL ITEM
NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
16 Pavement Striping Detail 27B 5,213 LF
Pavement Striping Detail 28 210
18 Pavement Striping Detail 29 8,022 LF
19 Pavement Striping Detail 32 14,696 LF
20 Pavement Striping Detail 37B 835 LF
21 Pavement Striping Detail 38 6,316 LF
22 Pavement Striping Detail 38A 278 LF
23 Pavement Striping Detail 38B 53 LF
Pavement Striping Detail 39 20,136
25 Pavement Striping Detail 39A 5,702 LF
26 Pavement Striping 6" Solid White Lane Line 840 LF
27 Pavement Striping 12" Solid Yellow Diagonals 63 LF
Paint Bike Lane Symbol with Person Pavement Marking and 28 SF
Bike Lane Arrow 1,016
29 Thermoplastic Pavement Marking Yellow (SLOW) 181 SF
30 Thermoplastic Pavement Marking Yellow (SCHOOL) 179 SF 31 Thermoplastic Pavement Marking Yellow (XING) 132 SF
32 Thermoplastic Pavement Marking (AHEAD) 236
33 Thermoplastic Pavement Marking (STOP) 4,000
34 Thermoplastic Pavement Marking (KEEP) 112 SF
35 Thermoplastic Pavement Marking (CLEAR) 125 SF
36 Thermoplastic Pavement Marking (ONLY) SF
37 Thermoplastic Pavement Marking 12" Stop Bar Limit Line 4,500 SF Thermoplastic Pavement Marking 24" Yellow Continental SF 38 Crosswalk 1,558
39 Thermoplastic Pavement Marking Cross Walk (12" Yellow) 1,449 SF 40 Thermoplastic Pavement Marking Chevron 152
41 Thermoplastic Pavement Marking (Type | Arrow) 120
42 Thermoplastic Pavement Marking (Type IV Arrow) 2,352 SF 43 Thermoplastic Pavement Marking (Type VI Arrow) 82 SF 44 Thermoplastic Pavement Marking (Type VII Arrow) 130 SF 45 Thermoplastic Pavement Marking Cross Walk (12" White) 1,490 SF 46 Thermoplastic Pavement Marking 24" White Continental SF Crosswalk 368
47 Thermoplastic Pavement Marking Yield Line 45 SF
Methyl Methacrylate (MMA) Pavement Marking for Bike Lane SF (Green) 1,680
49 Furnish and Install R7-9 (modified) sign 10 EA
Furnish and Install R3-7(R) sign 2 EA
TOTAL BASE BID: $.
TOTAL AMOUNT OF BASE BID (WORDS): _
PROPOSAL 9/5/2024
S:lEngrICIP123-479 2023_24 Citywide Slurry Seal Project (CIP 13048)100-Design DocumentslSpecifications12023 Citywide Slurry Seal Project Bid Specs - FINAL. docx
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
ITEM ESTIMATED UNIT TOTAL ITEN
NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
ADDITIVE BID ITEMS:
51 Single Adjust Manhole (EMWD) 100 EA
52 Single Adjust Manhole (WMWD) 10 EA
Single Adjust Manhole (RCWD) 10 EA
54 Single Adjust Manhole (EVMWD) 4 EA
55 Single Adjust Manhole (Storm Drain) 10 EA
TOTAL ADDITIVE BID: $
TOTAL AMOUNT OF ADDITVE BID (WORDS):_
SUM OF THE TOTAL BASE BID ITEMS AND ADDITIVE BID ITEMS:
SUM OF THE TOTAL BASE BID ITEMS AND ADDITVIE BID ITEMS (WORDS):
Basis of the bid shall be based upon the sum of the Total Base Bid Items and the Additive Bid Items.
The City reserves the right to reject any or all bids.
The City reserves the right to choose or reject any of the Additive Bid Items. appropriate item of the Contractor's bid.
PROPOSAL PREng SIP 23479 2023_24 Citywide Slury Seal Project (CIP 13048)00-Design Documents Specifications 2023 Citywide Slury Seal Project Bid Specs - FINAL.docx
2023124 CITYWIDE SLURRY SEAL PROJECT-CIP 13048
CITY PROJECT NO. 23-479
MURRIETA
Legend
City Boundary
- City Streets
- Surronding County Streets
Slurry Type
— Type 1
— Type 1 over 3
- Type 2
- Type 2 over 3