REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF ORANGE AND ORANGE COUNTY WATER DISTRICT
FOR FUNDING, CONSTRUCTION, AND REPLACEMENT OF THE
WALL ALONG EAST RIVERDALE AVENUE
FROM NORTH ORANGE OLIVE ROAD TO APPROXIMATELY
2,000 LINEAL FEET WEST OF EAST RIVERDALE AVENUE
This REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into this __________ day of __________ 2023, by and between the CITY OF ORANGE (“Orange”), a municipal corporation, and the ORANGE COUNTY WATER DISTRICT (“OCWD”), a special act district of the State of California organized under the Orange County Water District Act, Chapter 924 of the Statutes of 1933, as amended (collectively, the “Parties”).
RECITALS
A. East Riverdale Avenue, an existing four -lane thoroughfare, possesses a damaged wall situated to the north of the avenue, that spans approximately 2,000 linear feet west of North Orange Olive Road. This wall serves as a boundary between Orange and OCWD, as depicted in the Project Location Map, attached hereto as Exhibit “A”, and incorporated herein by reference.
B. The Parties agree that the wall, located approximately 2,000 linear feet west of North Orange Olive Road on East Riverdale Avenue, necessitates demolition and subsequent replacement with a vinyl-coated black chain link fence (the “Project”).
C. Project improvements will include the demolition of the existing wall without the foundation and the replacement with a vinyl -coated black chain link fence in front of the existing wall foundation.
D. Orange has procured a bid for the project. Upon review, OCWD concurs with the scope of work to be carried out and acknowledges the contractor’s estimated costs as reasonable. The bid is attached as Exhibit “B” and incorporated herein by reference.
E. The Parties agree that Orange shall take the lead in managing the Project and that OCWD shall reimburse Orange for that certain portion of the Project set forth herein.
F. Each Party has authorized sufficient funds in its budget to cover the costs of the Project in its respective jurisdiction.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other considerations, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
2 1. Project Funding Obligations.
1.1. OCWD will be responsible for up to fifty percent (50%) of the cost of the vinyl-coated black chain link fence that is a component of the Project that occurs within the Parties’ mutual boundary, as set forth in Exhibit “B”. OCWD will pay Orange within 30 days of OCWD’s receipt of Orange’s invoice and statement of work completed.
1.2. OCWD’s final cost shall be based on the actual cost at completion, and in no event shall OCWD’s obligation under this Agreement exceed Eighty Thousand Dollars and 00/100 ($80,000).
1.3. Orange will be responsible for one hundred percent (100%) of the costs related to the demolition of the existing wall of the Project as well as fifty percent (50%) of the cost for the vinyl -coated black chain link fence replacement. Orange will also be responsible for th e cost of the bid preparation, CEQA and other environmental compliance, and all other costs associated with Project other than those referenced in sections 1.1 and 1.2 herein.. Orange will pay the contract directly and be reimbursed by OCWD as provided in Section 2.1.
2. Payment Obligation.
2.1. OCWD shall pay fifty percent (50%) of the cost for the vinyl -coated black chain link fence replacement, as described in Section 1.1 and in accordance with Section
1.2. Orange shall provide and verify the amount to the satisfaction of OCWD. In the event of a dispute over the installation and replacement of the fence, the Parties shall work cooperatively to resolve such dispute. Unless there is a dispute, payment to Orange shall be made within thirty (30) days of Orange’s invoice to OCWD.
3. Construction Responsibilities.
3.1. Project Engineer. Orange shall act as Project Engineer and be responsible for all tasks necessary to prepare construction plans, specifications, and cost estimates in accordance with all applicable criteria from Orange, OCWD, and the County of Orange.
3.2. Utility Relocation/Impacts . Orange and OCWD shall work together to identify all conflicting utilities within the Project. Orange shall issue all utility relocation request letters or other communications with utilities, as needed.
3.3. Project Plans, Insurance & Warranties.
a. Orange has submitted Project plans, specifications, and the contractor’s bid proposal to OCWD for reference. All work completed shall be constructed per Orange specifications.
b. Orange shall require the contractor to identify OCWD as an additional insured with insurance sufficiently broad to the satisfaction of OCWD. c. Orange shall require the contractor to pass through and assign all warranties to OCWD associated with the Project.
3 3.4. Project Inspection . OCWD shall have access to the Project at all times during construction for the purpose of inspection. Both Parties can inspect the Project regularly as they deem appropriate. Each party agrees to cooperate with the other Party on any joint inspections, as requested . Should OCWD deem any remedial work to be necessary, OCWD shall notify Orange in writing thereof within three (3) business days of inspection, specifically describing the needed corrections and proposed remedial work.
OCWD shall be solely responsible for any remedial work it undertakes that is not brought to Orange’s attention in accordance with this paragraph.
3.5. Traffic Control. Traffic control for the Project may require road/lane closures and traffic signal management. The Parties agree that Orange shall take the lead in coordinating traffic control in and around the Project area and OCWD agrees to work cooperatively with Orange in traffic management to the extent that OCWD operations are not adversely impacted.
3.6. Permits.
a. Orange shall obtain any and all permits for the Project, including encroachment permits.
b. OCWD shall issue encroachment permits necessary for the Project at no charge.
3.7. Community Notification . Orange shall provide any and all required notifications regarding the Project, including business and neighborhood community notifications.
3.8. Contract Change Orders. If contract change orders ( CCOs) are needed for the Project, OCWD shall be given reasonable opportunity to review and approve such CCOs during construction and City Engineer, or their designee, shall coordinate CCO approval with OCWD. OCWD’s Engineer, or their designee, shall provide concurrence, or objections/proposed changes, on CCOs within three (3) business days of Orange’s submittal to OCWD . If OCWD fails to concur with or object to a CCO within such time, such CCO shall be deemed approved by OCWD.
3.9. Project Acceptance. Prior to Orange’s acceptance of Project improvements and filing a notice of completion, OCWD’s General Manager or designee , (hereinafter “General Manager”), shall review and provide written approval of all Project work. The General Manager’s written approval shall only be withheld for work not completed in accordance with OCWD approved construction contract documents for the Project, which uncompleted work shall be addressed during OCWD’s regular inspection as provided in Section 3.4. Orange shall furnish OCWD with one set of record drawings for the completed Project and a copy of the filed notice of completion.
3.10. City’s Obligations Post-Construction. Upon the General Manager’s written approval and Orange’s final acceptance of the Project, Orange shall assume ownership, maintenance obligations, and environmental mitigation responsibilities for the Project.
OCWD shall not be responsible for maintenance or repair of any part of the Project 4 following completion except for such maintenance or repair for damage directly caused by OCWD.
4. Miscellaneous Obligations.
4.1. Time is of the essence in the execution and performance of this Agreement.
4.2. Indemnification & Hold Harmless. The Parties shall indemnify, defend with counsel approved in writing, save and hold each other’s elected officials, officers, directors, agents, and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses, or expenses, of every type and description to which they may be subjected a rising out of any negligent or otherwise wrongful act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.
4.3. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party’s interest in this Agreement shall be made without the written consent of the other Party.
4.4. Entirety & Amendments . This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understa nding or agreement not incorporated herein shall be binding on either Party.
4.5. Severability. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extend reasonably possible.
4.6. Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:
CITY OF ORANGE ORANGE COUNTY WATER DISTRICT
Public Works Department 18700 Ward Street
Orange, CA 92866 Fountain Valley, CA 92708
Attn. City Engineer Attn: Property Management
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first -class postage prepaid, and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or r equired by this Agreement, addressed in any other fashion shall be deemed not given.
4.7. Governing Law & Venue . This Agreement shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orang e County, California, and the Parties agree to 5 submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
4.8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4.9. Termination. In the event either party defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the non -breaching Party shall have the option to terminate this Agreement upon thirty (30 ) days prior written notice to the other Party. In the event the breaching Party cures such default within such thirty (30) day period, the election to terminate shall be deemed revoked and of no further force and effect as to that particu lar default. This Agreement shall terminate upon Orange’s certification of project completion and OCWD’s payment of the invoices referenced in sections 1 and 2 herein.
4.10 Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by th e other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
IN WITNESS WHEREOF, each Party has entered into this Agreement as of the year and day first above written.
Date: CITY OF ORANGE,
a municipal corporation
By:
Daniel R. Slater, Mayor
ATTEST: APPROVED AS TO FORM
Pamela Coleman, City Clerk Melissa Crosthwaite, Sr. Asst. City Attorney
6 Date: ORANGE COUNTY WATER DISTRICT,
a political subdivision of the State of
California organized under Chapter 924 of the
Statutes of 1933, as amended
By:
Cathy Green, President
By:
Michael R. Markus, P.E., General Manager
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
General Counsel for Orange County Water
District
√
EXHIBIT “A”
Project Location Map
[Behind this sheet]
RAINIER AVE
ORANGE OLIVE RD
HARTMAN ST
BEECHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
HARTMAN ST
COTTONW
OOD ST
PINEWOOD ST
MEADOWBROOK AVE
SANTA ANA CANYON RD
BEECHW
OOD
ST
SUNSET ST
SUNSET ST
RIVERVIEW AVE
RIVERDALE AVE
MEADOWBROOK AVE ASHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
BALDWIN AVE
HEARTHSIDE ST
I
0 200 400 600100 FeetLegend
Proposed Wall Repair Location
Gate
EXHIBIT “B”
Bid
[Behind this sheet]
Work Order Signature Document
EZIQC Contract No.: CA -R8-GB01-123021-HCC
COO - Riverdale Ave. Fence Installation
New Work Order
122239.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
11/07/2023
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Kinan Kotrash
(714) 626-0000
Owner Name: City of Orange
Matthew Lorenzen
(714) 532-6488
Horizons Construction Co. Int'l, Inc.
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB01-123021-HCC.
Brief Work Order Description:
X Will not apply: Liquidated Damages Will apply:
Estimated Completion Date:
Estimated Start Date: Time of Performance
Work Order Firm Fixed Price: $147,745.57
Owner Purchase Order Number:
Approvals
Date Date Horizons Construction Co. Int'l, Inc. City of Orange
2.00
11/7/2023
Work Order Signature Document
3.00 Detailed Scope of Work
Matthew Lorenzen Kinan Kotrash To: From:
Horizons Construction Co. Int'l, Inc. City of Orange
432 W. Meats Ave. 300 E. Chapman Ave
Orange, CA 92865 Orange, CA 92886
(714) 626-0000 (714) 532-6488
Work Order Number:
November 07, 2023 Date Printed:
122239.00
COO - Riverdale Ave. Fence Installation Work Order Title:
Brief Scope:
Revised Final Preliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. 122239.00 - COO - Riverdale CMU Wall Removal
Detailed Scope of Work
• Install Chain Link Fencing per attached map limits and Fence specifications by the City. • 6' High Chain link power coated post with vinyl-coated mesh black. Fences will be installed in concrete foundation right in front of existing foundation of the CMU Wall.
• Replace the existing chain link Fence and gates at end of work area (nearby Orange Olive Road) using the same materials to match new fences.
• An additional part of block fence perpendicular to the street will also be replaced with a new fence. • Protect in place Electrical Meter and other permanent utilities from damage.
**** Partial Repairs to landscaping and irrigation will be performed by the City or be provided at an extra Cost. -- City will arrange for the Edison meter currently on wall to be replaced and installed separately or on pedestal.
Subject to the terms and conditions of ezIQC Contract CA-R8-GB01-123021-HCC.
11/7/2023
Scope of Work
Detailed Scope of Work Continues..
Work Order Title:
Work Order Number: 122239.00
COO - Riverdale Ave. Fence Installation
Horizons Construction Co. Int'l, Inc. Date
Date City of Orange
11/7/2023
Scope of Work
4.00 Contractor's Price Proposal - Summary
Owner PO #:
COO - Riverdale Ave. Fence Installation
122239.00
CA-R8-GB01-123021-HCC IQC Master Contract #:
Work Order #:
Title:
Re:
November 07, 2023 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$147,745.57
$22,266.88 Section - 01
$1,340.07 Section - 31
$124,138.62 Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$147,745.57
The Percentage of NPP on this Proposal: %
11/7/2023
Contractor's Price Proposal - Summary
5.00 Contractor's Price Proposal - Detail
COO - Riverdale Ave. Fence Installation
122239.00
CA-R8-GB01-123021-HCC IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
November 07, 2023 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$147,745.57
(Excludes) Equip. Material Labor
Line Total Description UOM Mod. Item Sect.
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 $3,180.43 EA
Installation = x x 3,180.43
Factor Unit Price Quantity Total
1.00 1.1000 2,891.30
Bond and Insurance 2%
$144,565.14 x 0.02 = $2,891.30
01 22 20 00 0027 LaborerFor tasks not included in the Construction Task Catalog® and as directed by owner only.
2 $2,132.93 HR
Installation = x x 2,132.92
Factor Unit Price Quantity Total
81.97 1.0842 24.00
Labor Hours to Relocated Fencing and Pick up Site After Section is Completed
1768 LF / 150 FT Sections =11.786 = 12 Round
12 x (2 Laborers 1 Hours) = 24
01 22 20 00 0087 Flagperson For Traffic Control 3 $1,421.95 HR Installation = x x 1,421.95
Factor Unit Price Quantity Total
81.97 1.0842 16.00
Flag Person for Traffic Control During Concrete Truck Deliveries 01 22 23 00 0286 2,500 LB Capacity, 78" Wide, Tracked Skid-Steer Loader With Full-Time Operator 4 $12,240.34 WK Installation = x x 12,240.34
Factor Unit Price Quantity Total
5,644.87 1.0842 2.00
Skid Steer for 2 weeks for Grading of Site after Demolition of Block Wall 01 56 26 00 0005 Temporary 6' High Chain Link Fence And Posts, Up To 6 Months 5 $1,669.67 LF Installation = x x 1,669.67
Factor Unit Price Quantity Total
7.00 1.0842 220.00
Temporary Fencing with Wind Screen for Closing off Approximately 150 - 200 LF a section to perform work and relocating after each section is completed.
01 56 26 00 0005 0071 For Each LF Shade Cloth, Add 6 $608.24 MOD Installation = x x 608.24
Factor Unit Price Quantity Total
2.55 1.0842 220.00
11/7/2023
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 122239.00
COO - Riverdale Ave. Fence Installation
Section - 01
01 71 13 00 0004 First 25 Miles, Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' BedIncludes loading, tie-down of equipment, delivery of equipment, off loading on site, rigging, dismantling, loading for return and transporting away. For equipment such as bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders, loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers, bridge finishers, straight mast construction forklifts, telescoping boom rough terrain construction forklifts, telescoping and articulating boom man lifts with >40' boom lengths, etc.
7 $1,013.32 EA
Installation = x x 1,013.32
Factor Unit Price Quantity Total
934.62 1.0842 1.00
Delivery and Pick up of Skid Steer Loader and Mini Excavator $22,266.88 Subtotal for Section - 01
Section - 31
31 25 14 23 0012 50 LB Capacity Gravel Bag With Gravel 8 $1,340.07 BAG Installation = x x 1,340.07
Factor Unit Price Quantity Total
10.30 1.0842 120.00
Placement of Gravel Bags for Erosion Control and Holding Down Temp Fencing. $1,340.07 Subtotal for Section - 31
Section - 32
32 31 13 13 0010 12" Diameter Hole, Auger By Machine Fence Post Hole In Soil 9 $13,046.67 VLF Installation = x x 13,046.67
Factor Unit Price Quantity Total
20.57 1.0842 585.00
195 Post Holes
195 x 3 VLF = 585 VLF
32 31 13 13 0027 12" Diameter, Concrete Fill For Post Hole 10 $15,957.91 VLF Installation = x x 15,957.91
Factor Unit Price Quantity Total
25.16 1.0842 585.00
Placement of Concrete for 195 Post Holes
195 x 3 VLF = 585 VLF
32 31 13 13 0156 6' Vinyl Cover Chain Link Fence, 9 Gauge Coiled Spring Mesh, Top And Bottom Rails, 2-1/2" Line Post At 10' On Center, 3" Corner Post 11 $78,917.36 LF
Installation = x x 78,917.36
Factor Unit Price Quantity Total
41.17 1.0842 1,768.00
Placement of New 6' High Vinyl and Power Coated Fencing along where existing CMU Block Wall is located. 32 31 13 13 0156 0160 For Powder Coated Framework (Posts, Rails, Hardware), Add 12 $7,514.11 MOD Installation = x x 7,514.11
Factor Unit Price Quantity Total
3.92 1.0842 1,768.00
32 31 13 13 0156 0167 For 1-3/4" Mesh Fabric, Add 13 $8,702.57 MOD Installation = x x 8,702.57
Factor Unit Price Quantity Total
4.54 1.0842 1,768.00
$124,138.62 Subtotal for Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$147,745.57
The Percentage of NPP on this Proposal: %
11/7/2023
Contractor's Price Proposal - Detail
Subcontractor Listing
122239.00
COO - Riverdale Ave. Fence Installation
CA-R8-GB01-123021-HCC IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
November 07, 2023 Date:
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$147,745.57
% Duties Name of Contractor Amount
No Subcontractors have been
selected for this Work Order
0.00 $0.00
6.00
11/7/2023
Subcontractor Listing
RAINIER AVE
ORANGE OLIVE RD
HARTMAN ST
BEECHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
HARTMAN ST
COTTONW
OOD ST
PINEWOOD ST
MEADOWBROOK AVE
SANTA ANA CANYON RD
BEECHW
OOD
ST
SUNSET ST
SUNSET ST
RIVERVIEW AVE
RIVERDALE AVE
MEADOWBROOK AVE ASHW
OOD ST
HEARTHSIDE ST
RAINIER AVE
BALDWIN AVE
HEARTHSIDE ST
I
0 200 400 600100 FeetLegend
Proposed Wall Repair Location
Gate