Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF MURRIETA, CALIFORNIA
AND
EASTERN MUNICIPAL WATER DISTRICT
FOR
WATER AND SEWER RELOCATIONS FOR MURRIETA HOT SPRINGS ROAD & ALTA MURRIETA DRIVE IMPROVEMENT PROJECT, CIP 13027
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 to the Municipal Water District Law of 1911 as set forth in the California Water Code, hereinafter 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 the construction and relocations of certain water and sewer improvements as shown on the attached plans which are made part of this Agreement as Attachment “A", in conjunction with the improvement of the Murrieta Hot Springs Road and Alta Murrieta Drive Improvement Project, CIP 13027, hereinafter referred to as “PROJECT". Existing water and sewer improvements owned by EMWD must be relocated as part of the PROJECT. The facilities to be relocated are within the CITY’s right-of-way. Pursuant to this Agreement, EMWD agrees to pay for the relocation of the water and sewer facilities that are located in the CITY’s right -of-way and are related to the PROJECT. In addition, the City will relocate other facilities of certain water improvements as shown on the attached plans which are made part of this Agreement as Attachment “B"; the City agrees to fully pay for the relocation of the water facilities that are currently located outside City's right- of-way.
Section II. Bid Items. EMWD shall reimburse CITY one hundred percent (100%) of the costs (hereinafter referred to as “REIMBURSEMENTS"), for the construction and relocation of certain water and sewer improvements within the PROJECT area as detailed in the tables on the next page and shown on Attachment A. The costs for the REIMBURSEMENT to CITY by EMWD shall include those water and sewer items as shown on the attached plans in Attachment “A” and as stated on the Bid Sheet, which are made a part of this Agreement. The estimated costs for the bid items on the Bid Sheet are provided below based on the engineer’s estimate for the PROJECT.
EMWD shall reimburse the City using the actual bid prices plus the cost of any EMWD approved change order(s). The City is responsible for the construction and relocation of EMWD’s pressure reducing station within the PROJECT area as it falls within EMWD’s existing easement. The costs shall include those water items as shown on the attached plans in Attachment “B” and as stated on the Bid Sheet, which are made a part of this Agreement. The estimated costs for the bid items on the Bid Sheet are provided below based on the engineer’s estimate for the PROJECT.
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
TOTAL ESTIMATED PROJECT BID ITEMS FROM ATTACHMENT “A”
(EMWD’s responsibility)
No. Item
Estimated
Quantity
Estimated
Unit Cost
Estimated Ext
Amount
E-1 Double Adjust Existing Manholes to Grade
Per EMWD Std. SB-8, SB-53, & SB-61.
1 EA $4,500.00 $4,500.00
E-2 Relocate existing 2” Water Service, 2”
Meter within the public sidewalk using a
30"x48" meter box, with backflow being
relocated onto private property per EMWD
Std. B-590A.
1 EA $16,000.00 $16,000.00
E-3 Relocate existing backflow device and
install on new PCC pad, per EMWD
standards
1 EA $16,000.00 $16,000.00
Subtotal $36,500.00
Mobilization, Insurance, and Schedule of Values $5,000.00 Contingency (10% of Subtotal) $3,650.00
Total Estimated EMWD Reimbursements to City: $45,150.00
TOTAL ESTIMATED PROJECT BID ITEMS FROM ATTACHMENT "B"
(CITY'S RESPONSIBILITY)
Estimated
Quantity
Estimated
Unit Cost
Estimated
Ext Amount No. Item
E-1 Furnish and Install all above grade valves,
piping and fittings for New 8" Pressure
Regulator Station and all associated
components, complete and in place per
EMWD Std. B-933
1 EA $11,500.00 $11,500.00
E-2 Remove all below grade valves, piping and
fittings associated with the existing
Pressure Reducing Station. Backfill to 90%
compaction.
1 EA $11,500.00 $11,500.00
E-3 Abandon ex pipe and grout per EMWD
specs 1 LS $3,000.00 $3,000.00
E-4 Remove and Dispose Existing RSGV 2 EA $1,800.00 $3,600.00 E-5 Furnish and Install all below grade valves,
piping and fittings for New Pressure
Reducing Station
1 LS $5,500.00 $5,500.00
E-6 Furnish and Place 8" PCC Pad 1 LS $13,500.00 $13,500.00 E-7 Furnish and Construct CMU Block Wall
Enclosure w/ gate 1 LS $52,000.00 $52,000.00
Subtotal $100,600.00
Mobilization, Insurance and Schedule of
Values
$10,000.00
Contingency (10% of Subtotal) $10,060.00
Total City Expenses: $120,660.00
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
Section III. Construction and Costs.
a. 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 II (“Bid Items”) 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 water items have either an “A" or “C34" Contractor’s License.
b. EMWD Right to Perform. To provide EMWD the option to perform the work identified at Section II 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 construct the Bid Items itself to the same specifications as described in the bid 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 water relocations and sewer manhole adjustments. Moreover, EMWD shall bear all costs associated with the water relocations and sewer 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 ClTY’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 an amount equal to ten percent (10%) of the total estimated costs of construction or relocation of the water and sewer improvements 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 installation of the improvements EMWD is financially responsible for and authorizing 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:
The CITY shall invoice EMWD using progress payments or upon completion of the PROJECT, at the discretion of the CITY, for all Bid Items that are the financial responsibility of EMWD. EMWD shall remit payment to the city within thirty (30) days of receipt of the approved invoice.
Section IV. Plans, Permits and Contacts.
a. Plans and Specifications. EMWD acknowledges that it has reviewed and approved all plans and specifications for the construction and relocation of the water and sewer improvements as shown on the attached plans and the estimated bid amounts are reasonable.
b. CEQA. The CITY shall be responsible for obtaining any and all environmental permits and approvals as may be necessary for the PROJECT including, but not limited to, compliance with requirements imposed under the California Environmental Quality Act (“CEQA”) as may be applicable.
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
c. Agreement Management. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY designate s 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 provide and pay for inspection of all new and relocated facilities shown on Attachment “A" and described in Section II of this Agreement. The CITY shall be responsible for EMWD’s inspection costs for those Bid Items shown on Attachment “B" as described in Section II of this Agreement. The CITY shall tender an inspection deposit to EMWD equal to 8% of the estimated construction cost for the Bid Items in Attachment “B” prior to holding a pre-construction meeting. EMWD shall reconcile the inspection deposit at the completion of construction.
EMWD shall be responsible to inspect the construction of all facilities which will be owned by EMWD 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 III(b). The City shall pay EMWD for all inspection costs associated with the construction and relocation of the water improvements within EMWD’s existing easement within the PROJECT area for the water items shown on the attached plans in Attachment “B". EMWD is responsible for all inspection costs associated with the construction and relocation of the water and sewer improvements on Murrieta Hot Springs Road within the PROJECT area. The costs shall include those water and sewer items as shown on the attached plans in Attachment “A". 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 ClTY’s CONTRACTOR without cost to EMWD.
If EMWD undertakes the performance of the PROJECT’s Bid items shown in Section II 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.
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
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:
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 situat ed 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 Parties hereto.
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
This Agreement is effective as of the date set forth above.
EMWD: EASTERN MUNICIPAL WATER DISTRICT
By: _________________________________
Joe Mouawad, General Manager
By: _________________________________
Sheila Zelaya, Board Secretary
APPROVED AS TO FORM:
Steve O’Neill, General Counsel for EMWD
CITY: CITY OF MURRIETA
By: _________________________________
Cindy Warren, 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 Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
Attachment “A”
City of Murrieta Improvement Plans for Murrieta Hot Springs Road and Alta Murrieta Drive Improvement Project, CIP 13027
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for Water and Sewer Relocations for Murrieta Hot Springs Road Street Widening Project, CIP13027
01375.0006/998637.7
Attachment “B”
Murrieta Plaza Pressure Reducing Station Relocation Plans, CIP 13027