REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF MURRIETA, CALIFORNIA
AND
RANCHO CALIFORNIA WATER DISTRICT
FOR
RCWD FACILITY ADJUSTMENTS FOR
2023 CITYWIDE SLURRY SEAL PROJECT, CIP 13048
_, between the CITY 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 RCWD for the cost of adjusting-to-grade those certain RCWD facilities (manholes) as are depicted and listed on the attached bid sheet which are made part of this Agreement as Attachment "A" ("REIMBURSABLE IMPROVEMENTS"), in conjunction with the CITY's improvement of the CITY's 2023 CITYWIDE SLURRY SEAL Project, CIP 13048, hereinafter referred to as "PROJECT". Existing manholes owned by RCWD must be single adjusted to grade as part of the PROJECT. The quantity of the bid item for "Single Adjust Manhole (RCWD)" is an estimated quantity. Should additional adjustment be deemed necessary by the CITY and RCWD during the course of construction, then the parties may amend this Agreement to take into account the additional adjustments not described on the bid sheet. The facilities to be adjusted are within the CITY's right-of-way. Pursuant to the terms of this Agreement, RCWD agrees to reimburse the CITY for the costs of the REIMBURSABLE IMPROVEMENTS. RCWD shall not be responsible for reimbursement of any expenses related to facilities which are not specifically depicted and listed as REIMBURSABLE IMPROVEMENTS in Attachment "A" unless the parties amend this Agreement to provide for additional facilities.
Section II. Bid Items. RCWD shall reimburse the CITY one hundred percent (100%) of the actual costs (hereinafter referred to as "REIMBURSEMENTS"), for the REIMBURSABLE IMPROVEMENTS, up to a maximum reimbursement amount not to exceed $8,954.00. Estimated costs are detailed in the table below. The REIMBURSABLE IMPROVEMENTS eligible for REIMBURSEMENTS are depicted and listed in Attachment "A", which is attached hereto and hereby 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. RCWD shall reimburse the City using the actual bid prices provided by the Bid Sheet plus the cost of any change orders) approved by the parties pursuant to the terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, RCWD's total reimbursement obligation to the CITY under this Agreement shall not exceed $8,954.00 unless the parties agree to expand such maximum reimbursement in a written amendment signed by both parties.
TOTAL ESTIMATED PROJECT BID ITEMS FROM ATTACHMENT "A"
Estimated Estimated Estimated
Item: Item Quantity Unit Cost Ext Amount
54 Single Adjust Manhole (RCWD) 10 EA $814.00 $8,140.00 Contingency (10% of Subtotal) $814.00
Total Estimated RCWD Reimbursements to City: $8,954.00
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eimbursement Agreement Between City of Murrieta and Rancho California Water District for RCW acility Adjustments for 2023 Citywide Slurry Seal Project, CIP 1304 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 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"). 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.
RCWD Right to Perform. To provide RCWD the option to perform the work identified at Section I! as work that is RCWD's responsibility, the CITY's construction bid package shall identify RCWD'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 RCWD of its identified portion of the construction costs for the Bid Items. At that time, RCWD may elect to perform/construct the Bid Items itself to the same specifications as described in the bid specifications. If RCWD elects to perform the Bid Items, RCWD shall bear all costs associated with that work and the CITY shall not include said Bid Items in the contract with the CONTRACTOR. RCWD shall be given a reasonable "construction window" inside the PROJECT traffic control to complete the manhole adjustments. Moreover, RCWD 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. RCWD 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 RCWD waives any right to construct the Bid Items.
Payment. RCWD shall maintain a contingency amount equal to $814.00, which is 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 request written approval from RCWD prior to the approval of any change orders associated with the REIMBURSABLE IMPROVEMENTS and, if RCWD approves in its discretion (which approval may be withheld for reasons including but not limited to CITY-requested change orders exceeding the maximum reimbursement amount set forth in this Agreement), City will 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 unreasonable delayed action of RCWD in connection with PROJECT construction shall be borne by RCWD. RCWD 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 RCWD for payment on the following basis:
The CITY shall invoice RCWD using progress payments or upon completion of the PROJECT, at the discretion of the CITY, for all REIMBURSABLE IMPROVEMENTS.
RCWD shall remit payment for undisputed amounts to the city within thirty (30) days of receipt of the approved invoice or the undisputed invoice portions shall accrue interest of 5% per year compounding monthly.
Section IV. Plans, Permits and Contacts.
Plans and Specifications. RCWD 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.
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Reimbursement Agreement Between City of Murrieta and Rancho California Water District for RCWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 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. The CITY is the lead agency under CEQA.
C. 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. RCWD designates Dan Ruiz, Senior Director of Engineering and Planning as the contact for RCWD to facilitate the REIMBURSEMENTS identified herein.
Section V. Inspection. RCWD shall be permitted to inspect the construction of all REIMBURSABLE IMPROVEMENTS and other RCWD facilities affected by the PROJECT, and the performance of the involved work by CITY's CONTRACTOR for compliance with the approved construction plans and specifications and/or for RCWD's own work if such work has been undertaken by RCWD pursuant to Section III(b). RCWD's inspection personnel shall have the authority to enforce the 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 RCWD.
If RCWD 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 RCWD 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, RCWD 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 CONTRACTORs) 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 RCWD's officials, officers, employees, and agents as additional insureds.
If RCWD undertakes to perform the PROJECT's Bid Items shown in Section Il under Tota Estimated Project Bid Items from Attachment "A" pursuant to Section III(b), RCWD, prior to commencement of the work and for the period during which RCWD 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 $2,000,000 aggregate covering the CITY's officials, officers, employees, and agents as additional insureds.
ROWD 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 or performed in connection with the PROJECT. This Clause shall survive the termination or expiration of this agreement.
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Reimbursement Agreement Between City of Murrieta and Rancho California Water District for RCWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 Section VIl. Notices. All notices under this Agreement shall be sent as follows:
WATER DISTRICT: RANCHO CALIFORNIA WATER DISTRICT
42-135 Winchester
Rd, Temecula, CA
92590
Attn: Dan Ruiz, Senior Director of Engineering and Planning 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 XIlI. 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.
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Reimbursement Agreement Between City of Murrieta and Rancho California Water District for RCWD Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 This Agreement is effective as of the date set forth above.
RCWD:
RANCHO CALIFORNIA WATER DISTRICT
Dan Ruiz, Senior Director of Engineering and Planning
JAMe
By:
Jason Martin, General Manager
CITY:
CITY OF MURRIETA
By:
Lori Stone, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
01375.0024/1012569:
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Reimbursement Agreement Between City of Murrieta and Rancho California Water District for RCWD 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 13047
01375.0024/10186is9hursement Agreement Between City of Murrieta and Rancho California Water District for RCWD 60028.00003142877974.1 Facility Adjustments for 2023 Citywide Slurry Seal Project, CIP 13048 2023/24 CITYWIDE SLURRY SEAL PROJECT-CIP 13048
CITY PROJECT NO. 23-479 MERITETA
EIG
Legend
City Boundary
Cay Street
Surronding County Street
Slurry Type
- Type 1
—— Typa 1 over 3
—— Type 2
• Type 2 over 3
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 (i.e. either submit a bid for all types of RPMS or all types of REAS). If more than one option is chosen on the Bid Sheet the entire bid will be considered non- responsive.***
ESTIMATED UNIT TOTAL ITEM
ITEM
DESCRIPTION QUANTITY UNIT PRICE PRICE
NO.
1 Mobilization 1 LS
LS
2 Traffic Control System
3 Water Pollution Control LS
4 Traffic Striping and Pavement Marking Removals
Encroachment Permits 1 LS
6 Edge Grind/Micro Milling at Curb Ramps (2' Width) 8,500 7 Crack Seal 1 LS
Rubber Polymer Modified Slurry (RPMS) Type 1
8A 6,504,433 SF
(Fill in Bid Item 8A or 8B ONLY)
Rubberized Emulsion Aggregate Slurry (REAS) Type 1 Unit prices and 8B 6,504,433 SF total item prices
(Fill in Bid Item 8A or 8B ONLY) shall be submitted
Rubber Polymer Modified Slurry (RPMS) Type 2 online at
9A 5,407,164 SF
(Fill in Bid Item 9A or 9B ONLY) PlanetBids.com
Rubberized Emulsion Aggregate Slurry (REAS) Type 2
9B 5,407,164 SF
(Fill in Bid Item 9A or 9B ONLY)
Rubber Polymer Modified Slurry (RPMS) Type 1 over 3
10A 207,290 SF
(Fill in Bid Item 10A or 10B ONLY)
Rubberized Emulsion Aggregate Slurry (REAS) Type 1 over 3 10B 207,290 SF
(Fill in Bid Item 10A or 10B ONLY)
Rubber Polymer Modified Slurry (RPMS) Type 2 over 3
11A 226,637 SF
(Fill in Bid Item 11A or 11B ONLY)
Rubberized Emulsion Aggregate Slurry (REAS) Type 2 over 3 11B 226,637 SF
(Fill in Bid Item 11A or 11B ONLY)
12 Pavement Striping Detail 9 1,953 LF
13 Pavement Striping Detail 12 5,360
14 Pavement Striping Detail 21 6,053 LF
15 Pavement Striping Detail 22 30,870 LF
9/5/2024
Project Bi Specs FINAL 26 Civide Slumy Seal Proiect (CIP 13048)00-Design Documents Specifications 2023 Citide Slury Seal
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
ESTIMATED UNIT TOTAL ITEM
ITEM QUANTITY UNIT PRICE PRICE
NO. DESCRIPTION
5,213 LF
16 Pavement Striping Detail 27B
Pavement Striping Detail 28 210
18 Pavement Striping Detail 29 8,022
14,696 LF
19 Pavement Striping Detail 32
20 Pavement Striping Detail 37B 835 LF
Pavement Striping Detail 38 6,316 LF
21 278 LF
22 Pavement Striping Detail 38A
LF
23 Pavement Striping Detail 38B
24 Pavement Striping Detail 39 20,136
5,702 LF
25 Pavement Striping Detail 39A
26 Pavement Striping 6" Solid White Lane Line 840
Pavement Striping 12" Solid Yellow Diagonals 63 LF
27 Paint Bike Lane Symbol with Person Pavement Marking and SF 28 1,016
Bike Lane Arrow
Thermoplastic Pavement Marking Yellow (SLOW) 181 SF
29 Thermoplastic Pavement Marking Yellow (SCHOOL) 179 SF 30 Thermoplastic Pavement Marking Yellow (XING) 132 SF
31 Thermoplastic Pavement Marking (AHEAD) 236
32 Thermoplastic Pavement Marking (STOP) 4,000 SF
33 Thermoplastic Pavement Marking (KEEP) 112 SF
34 Thermoplastic Pavement Marking (CLEAR) 125 SF
35 Thermoplastic Pavement Marking (ONLY) 22
36 Thermoplastic Pavement Marking 12" Stop Bar Limit Line 4,500 SF 37 Thermoplastic Pavement Marking 24" Yellow Continental SF 38 1,558
Crosswalk
Thermoplastic Pavement Marking Cross Walk (12" Yellow) 1,449 SF 39 Thermoplastic Pavement Marking Chevron 152 SF
40 41 Thermoplastic Pavement Marking (Type | Arrow) 120 2,352 SF
42 Thermoplastic Pavement Marking (Type IV Arrow)
Thermoplastic Pavement Marking (Type VI Arrow) 82 SF
43 44 Thermoplastic Pavement Marking (Type VIl Arrow) 130 SF 45 Thermoplastic Pavement Marking Cross Walk (12" White) 1,490 SF Thermoplastic Pavement Marking 24" White Continental SF 46 Crosswalk 368
47 Thermoplastic Pavement Marking Yield Line 45 SF
Methyl Methacrylate (MMA) Pavement Marking for Bike Lane SF 48 1,680
(Green)
49 Furnish and Install R7-9 (modified) sign 10 EA
Furnish and Install R3-7(R) sign 2 EA
50 TOTAL BASE BID: $
TOTAL AMOUNT OF BASE BID (WORDS): _
PROPOSAL
S:1EngrICIP123-479 2023_24 Citywide Slurry Seal Project (CIP 13048)100-Design DocumentslSpecificationsl2023 Citywide Slurry Seal Project Bid Specs - FINAL. docx
CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS/ENGINEERING
ITEM TESTIMATED
DESCRIPTION PRICE
NO.
ADDITIVE BID ITEMS:
51 100 EA
Single Adjust Manhole (EMWD)
52 10 EA
Single Adjust Manhole (WMWD)
53 10 EA
Single Adjust Manhole (RCWD)
4 EA
Single Adjust Manhole (EVMWD)
55 EA
Single Adjust Manhole (Storm Drain)
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.
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 S:1EngrICIP123-479 2023_24 Citywide Slurry Seal Project (CIP 13048)100-Design DocumentslSpecifications12023 Citywide Slurry Seal Project Bid Specs - FINAL.docx