REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF MURRIETA, CALIFORNIA
AND
EASTERN MUNICIPAL WATER DISTRICT
FOR
EMWD FACILITY ADJUSTMENTS FOR MURRIETA HOT SPRINGS ROAD PAVEMENT REHABILITATION PROJECT, CIP 13047
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 adjusting EMWD facilities (manholes) 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 Pavement Rehabilitation Project, CIP 13047, hereinafter referred to as "PROJECT". Existing manholes owned by EMWD must be double adjusted to grade as part of the PROJECT. 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 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 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 ("Bid Items") are provided below based on the engineer's estimate for the PROJECT. EMWD shall reimburse the City using the actual bid 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"
(EMWD's responsibility)
Estimated Estimated Estimated
item: Item Quantity Unit Cost Ext Amount
43 Double Adjust Existing Manholes to Grade 25 EA $2,280.00 $57,000.00 Per EMWD Std. SB-8, SB-53, & SB-61.
Contingency (10% of Subtotal) $5,700.00
Total Estimated EMWD Reimbursements to City: $62,700.00 Section III. 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 01375.0024/1012569.1 Page 1 of 6
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for EMWD Facility Adjustments for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047 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 shall 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 I! as work that is EMWD's responsibility, the CITY's construction bid package shall identify EMVD'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 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, EMVD shall bear all costs associated with the manhole adjustments, included but not limited to, delay to the CITY'S CONIRACIOR 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.
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:
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 or the invoices shall accrue interest of 5% per year compounding monthly.
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. 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.
Agreement Management. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY designates Mr. Jeff Hitch, City 01375.0024/1012 imbursement Agreement Between City of Murieta and Eastern Municipal Water District for EMWD Facility Adjustments for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047 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 Il 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 Il 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 Il under Total Estimated Project Bid Items from Attachment "A" pursuant to Section IlI(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 VIl. 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
01375.0024/1012elmbursement Agreement Between City of Murrieta and Eastern Municipal Water District for EMWD Facility Adjustments for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047 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 VIll. 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
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for EMWD Facility Adjustments for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047 Parties hereto.
This Agreement is effective as of the date set forth above.
EMWD:
MUNICIPAL WATER DISTRICT
anawa
By:
Ву:
Streila Zelaya, Board Secretary
APPROVED AS TO FORM:
дими
Steve O'Neill, General Counsel for EMWD
CITY:
CITY OF MURRIETA
By: _
Lori Stone, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
01375.0024/1012eimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for EMWD Facility Adjustments for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047 Attachment "A"
City of Murrieta Improvement Plans and Bid Sheet for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047
Reimbursement Agreement Between City of Murrieta and Eastern Municipal Water District for EMWD 01375.0024/1012569gility Adjustments for Murrieta Hot Springs Road Pavement Rehabilitation Project, CIP 13047
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.***
MURRIETA HOT SPRINGS ROAD PAVEMENT REHABILITATION
CIP 13047, CITY PROJECT NO. 24-485
ITEM TESTIMATED UNIT TOTAL ITEM
NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
1 Mobilization 1 LS
2 Traffic Control System 1 LS
3 Water Pollution Control 1 LS UNIT PRICES and
LS TOTAL ITEM
Construction Surveying and Staking 1 PRICES shall be
5 Changeable Message Signs 3 EA submitted
6 Project Information Sign 1 EA online at
Furnish/Install Survey Monument per COM std. no. 617B AND PlanetBids.com 7 617C 4 EA
8 Double Adjust Storm Drain Manhole 1 EA
Concrete Removal (Curb Ramp, Cross Gutter, Spandrel,
9 Curb/Gutter) at Weeping Willow Ln./Thoroughbred Ln. 3,335 SF Concrete Cross Gutters, Spandrel, and Curb per City Std. 311, 10 312 & 318 1,491 SF
11 Concrete Access Ramps, City Std. 321 1,502
12 Concrete Sidewalks, City Std. 320 468 SF
Concrete Removal (Concrete Curb and Gutter Murrieta Hot 13 Springs Rd.) 50 LF
Concrete Curb and Gutter (8") per City Std. 302 (Murrieta Hot 14 Springs Rd.) 50 LF
Remove and Dispose of Full Depth Structural Digout at Bridge 15 Abutment (AC and Base) 14,950 SF
Remove and Dispose of Asphalt Concrete Pavement (average 16 depth 9.2" Digouts on Murrieta Hot Springs Road) 38,105 SF Remove and Dispose of Asphalt Concrete Pavement (average 17 depth 4" Digouts on Thoroughbred and Weeping Willow) 700 SF Cold Milling Asphalt Concrete Pavement 2.5" to 2.75" Full 18 Width _37,734
Aggregate Base for Full Depth Structural Digout at Bridge 19 Abutment 598 CY
20 Geotextile Reinforcement (Tensar BX1100 or Approved Equal) 1,481 SY 21 ARHM Overlay 2.5" (0.208') Murrieta Hot Springs Road 5,094 TON Asphalt Concrete Pavement for Removal and Replacement of 22 AC (Digouts) 2,658 TON
23 Furnish/Install Detector Loop 84 EA
24 Furnish and install #5 pullbox, connect DLC for traffic loops 6 EA 7/10/2024
S:1EngrICIP124-485 Murrieta Hot Springs Pavement Rehab (Whitewood to Margarita)(CIP 13047)100-Design Documents!Specifications\Specifications - CIP 13047 Pavement Rehabilitation Murrieta Hot Springs Road - FINAL.docx
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
TEM ESTIMATED UNIT TOTAL ITEM
NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
Furnish and install 1 1/2" conduit under sidewalk panels or as 25 126 LF
shown. Connect to existing conduit
26 Furnish and install DLC. Connect loops to existing traffic cabinet| 5,513 LF Wet Sandblast/Remove Existing Pavement Markings on bridge 27 441 LF
deck
28 Pavement Striping Detail 12 12,915 LF
29 Pavement Striping Detail 22 1,789 LF
30 Pavement Striping Detail 25 2,893 LF
31 Pavement Striping Detail 29 1,038 LF
32 Pavement Striping Detail 37B 374 LF
Pavement Striping Detail 38 1,348 LF
34 Pavement Striping Detail 39 6,315 LF
35 Pavement Striping Detail 39A 1,463 LF
36 Thermoplastic Striping Detail 40 212 LF
37 Pavement Striping 6" Solid White Lane Line 1,100 LF
38 Painted Bike Lane Symbol with Person Pavement Marking and Bike Lane Arrow 192 SF
39 Thermoplastic Pavement Marking "SIGNAL" and "AHEAD" 540 SF 40 Thermoplastic Pavement Marking (Type IV Arrow) 399 SF Thermoplastic Pavement Marking (12" White) 1,511 SF
42 Paint Median Nose Yellow 80 SF
TOTAL BASE BID: $
TOTAL AMOUNT OF BASE BID (WORDS): -
ADDITIVE BID ITEMS:
43 Double Adjust Sewer Manhole 25 EA
TOTAL ADDITIVE BID: $
TOTAL AMOUNT OF ADDITIVE BID (WORDS):
SUM OF THE TOTAL BASE BID ITEMS AND ADDITIVE BID ITEM:
SUM OF THE TOTAL BASE BID ITEMS AND ADDITIVE BID ITEM (WORDS):
PROPOSAL P-3 7/10/2024
1EngriCIP124-485 Murrieta Hot Springs Pavement Rehab (Whitewood to Margarita)(CIP 13047)100-Design DocumentsSpecificationsiSpecifications - C 047 Pavement Rehabilitation Murrieta Hot Springs Road - FINAL do
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING Basis of the bid shall be based upon the sum of the Total Base Bid Items and the Additive Bid Item.
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.
The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor's bid.
PROPOSAL P.4 7/11/2024
S LEngrCIP24-485 Murrieta Hot Springs Pavement Rehab (Whitewood to Margarita)(CIP 13047)100-Design DocumentsISpecifications Specifications - CIP 13047 Pavement Rehabilitation Murrieta Hot Springs Road - FINAL docx
PAVEMENT REHABILITATION PROJECT DESIGN PLANS
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MURRIETA HOT SPRINGS ROAD
CIP NO. 13047, CITY PROJECT MO. 24-485
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