2016/08/25 Eastern Municipal Water District (EMWD) Utility agreement, Holland Rd over I215 UTILITY AGREEMENT—Eastern Municipal Water District Page 1 of 6
DISTRICT COUNTY ROUTE POST MILE PROJECT ID
08 1 Riverside 215/1-lolland Rd 17.5 EA 1F980
FEDERAL AID NUMBER EMWD's Work Order No. 13604
N/A
FEDERAL PARTICIPATION/FEDERALLY ELIGIBLE/NEPA DOCUMENT
On the Project ❑ YES 9 NO On the Utilities❑YES Z NO
Owner Payee Data No. N/A or Form STD 204 is attached❑
UTILITY AGREEMENT NO: 1 DATE: August 25, 2016
This Utility Agreement ("Agreement") is entered into by and between City of Menifee, hereinafter called "CITY"and
Eastern Municipal Water District("EMWD")whose address is 2270 Trumble,Road Perris, CA 92570.
The CITY proposes to construct a new 4-lane bridge over Interstate 215 at Holland Road in the City of Menifee,
California, hereinafter referred to as "PROJECT". As part of this project, Holland Road will be realigned and
improvements built in order to meet the proposed bridge abutments. The PROJECT is a cooperative project between the
CITY and the State of California, Department of Transportation, hereinafter referred to as "STATE". CITY is the lead
for the Project and is acting as an agent of the STATE, under the terms of a cooperative agreement between STATE and
CITY, with oversight provided to CITY by STATE.
EMWD owns, operates, and maintains an 8"PVC sewer pipeline, 12"CML&C water pipeline,and fire hydrants along
Holland Road between Haun Road and Hanover Lane with related appurtenances ("FACILITIES") located within non-
exclusive easements to EMWD recorded as document number 1966 108275, 1967 23986, 1967 23988
("EASEMENTS"). Said FACILITIES and EASEMENTS are in conflict with the PROJECT, which requires relocation of
FACILITIES and relocation of the EASEMENTS. EMWD's rights for the water FACIIIITES are prior and superior to
the CITY improvements and right of way proposed as a part of the PROJECT.
In addition, EMWD proposes to construct dual 18"water transmission pipelines within the new bridge over Interstate
215 on Holland Road from Haun Road to Hanover Lane.
Therefore, it is hereby mutually agreed between CITY and EMWD that:
I.WORK TO BE DONE
In accordance with Notice to Owner No. 1 dated 02/20/2015:
1) CITY shall relocate a 12" CML&C water pipeline on Holland Road between Haun Road and Interstate 215.
2) CITY shall abandon and relocate existing fire hydrants on Holland Rd between Interstate 215 and Hanover Lane.
3) EMWD shall relocate an 8"PVC sewer pipeline on Holland Road between Willowood Way to Hanover Lane.
4) EMWD shall prepare plans for the 18"water transmission pipeline on Holland Road for the CITY to construct as
part of the PROJECT.
5) EMWD will design the relocation of the existing and proposed FACILITIES, prepare construction plans, and
specifications.
All work shall be performed substantially in accordance with EMWD's Work Order No. 13604 dated 07/28/2015, which
is included in CITY's Contract Plans for the PROJECT, EA 117980 and which, by this reference, is made a part hereof.
EMWD hereby acknowledges review of CITY's plans for work and agrees to the construction in the manner approved.
Deviations from the work described above, initiated by either the CITY or the EMWD, shall be agreed upon by both
parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the CITY and agreed
to/acknowledged by the EMWD, will constitute an approved revision of the EMWD's plan described above and are
hereby made a part hereof. No work under said deviation shall commence prior to written execution by EMWD of the
Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to
UTILITY AGREEMENT—Eastern Municipal Water District Page 2 of 6
the Revised Notice to Owner.
EMWD shall have the right to inspect the work by CITY's contractor during construction of the 12" CML&C water
pipeline relocation, fire hydrant relocation, and proposed water transmission on Holland Road. CITY shall have the right
to inspect the work by EMWD's contractor during construction of the 8" PVC sewer pipeline relocation. Upon
completion of work by the CITY, EMWD agrees to accept ownership and maintenance of the constructed facilities,
which include the 12" CML&C water pipeline, fire hydrant, and 18" water transmission pipeline, with related
appurtenances, all located within a non-exclusive easement and relinquishes to CITY ownership of the abandon
FACILITIES and easement.
II.LIABILITY FOR WORK
The existing 12"CML&C water pipeline and fire hydrants are located in their present location pursuant to rights superior
to those of the CITY and will be relocated at CITY's expense.
Costs for relocation by the CITY are to include,but are not limited to, all elements of planning, design, construction,
inspection, and project closeout and shall include all EMWD staff, consultant, inspection, and contractor costs. CITY
will acquire new rights of way for the relocation of EMWD's FACILITIES at no expense to EMWD.
The existing 8"PVC sewer pipeline is located in its present location pursuant to rights superior to those of EMWD and
will be relocated at EMWD's expense.
The proposed 18"water transmission pipelines will be located pursuant to rights superior to those of EMWD and will be
constructed at CITY's expense and reimbursed by EMWD determined by the actual bid amount and after final
acceptance of the construction.
III.PERFORMANCE OF WORK
EMWD will design the relocation of the existing and proposed FACILITIES,prepare construction plans and
specifications. EMWD will administer the construction contract to relocate the 8"PVC sewer pipeline as well as provide
construction management and inspection. CITY will administer the construction contract to relocate the 12"CML&C
water pipeline,fire hydrants, and installation of the dual 18"water transmission pipelines on Holland Road per relocation
plan(Exhibit A)as well as provide construction management and inspection. CITY will acquire new rights of way for
the relocation of the 12"CML&C water pipeline at no expense to EMWD.
EMWD shall have access to all phases of the FACILITIES relocation work to be performed by CITY, as described in
Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained
in the PROJECT Construction Contract;however, all questions regarding the work being performed by the CITY will be
directed to CITY's Resident Engineer for their evaluation and reply to the question. EMWD shall retain the right to
make final decisions that impact the proposed and relocated FACILITIES.
Engineering services for locating, making of surveys,preparation of plans, specifications, estimates, supervision, and
inspection are to be furnished by the consulting engineering firm of T.Y.Lin International on a fee basis previously
approved by CITY. Cost principles for determining the reasonableness and allowability of consultant costs shall be
determined in accordance with 48 CFR, Chapter 1, Part 31; 23 CFR, Chapter 1,Part 645; and 18 CFR, Chapter 1,Parts
101, 201 and OMB Circular A-87, as applicable.
Use of out-of-state personnel(or personnel requiring lodging and meal"per diem"expenses)will not be allowed without
prior written authorization by CITY's representative. Requests for such authorization must be contained in EMWD's
estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all
non-State personnel travel per diem. EMWD shall include an explanation why local employee or contract labor is not
considered adequate for the relocation work proposed. Per Diem expenses shall not exceed the per diem expense
UTILITY AGREEMENT—Eastern Municipal Water District Page 3 of 6
amounts allowed under the State's Department of Personnel Administration travel expense guidelines.
Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated
October 25, 2002, work performed by the CITY's contractor is a public work under the definition of Labor Code Section
1720(a) and is therefore subject to prevailing wage requirement. EMWD shall verify compliance with this requirement in
the administration of any contracts executed by EMWD that are to be reimbursed by the CITY.
Work performed directly by EMWD's employees falls within the exception of Labor Code Section 1720(a)(1) and does
not constitute a public work under Section 1720(a)(2) and is not subject to prevailing wages.
IV.PAYMENT FOR WORK
EMWD shall be solely responsible for costs associated with the relocation and construction related costs of the 8"PVC
sewer pipeline. In the event additional work becomes necessary to complete the 8"PVC sewer relocation work, EMWD
shall bear full financial responsibility for all costs associated with the additional work.
The CITY shall be solely responsible for costs associated with the relocation and construction related costs of the
relocation of the 12' CML&C water pipeline and fire hydrants. In the event additional work becomes necessary to
complete the 12"CML&C water pipeline and fire hydrants relocation work,the CITY shall bear full financial
responsibility for all costs associated with the additional work.
EMWD shall be solely responsible for costs associated with the construction and construction related costs of the
proposed 18"water transmission pipelines on Holland Road. In the event additional work becomes necessary to complete
the work, EMWD shall bear full financial responsibility for all costs associated with the additional work. Determination
of final costs will be based on actual costs for all CITY's work.EMWD will make additional payment or refund, as
appropriate within 30 days following CITY's notification of the actual costs and after acceptance for such work by
EMWD.
As indicated under Section III. Performance Of Work, EMWD will perform plan check and construction inspection
activities of FACILITIES. The actual costs incurred by EMWD in its performance of said work will be paid by the
CITY through the following provisions:
The CITY shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of
five(5) copies of EMWD's itemized bill, signed by a responsible official of EMWD's organization and prepared on
EMWD's letterhead, compiled on the basis of the actual and necessary cost and expense. EMWD shall maintain records
of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles.
It is understood and agreed that CITY will not pay for any betterment or increase in capacity of EMWD's facilities in the
new location.
EMWD shall submit a final bill to CITY within 360 days after the completion of the work described in Section I above.
If CITY has not received a final bill within 360 days after notification of completion of EMWD's work described in
Section I of this Agreement, and CITY has delivered to EMWD fully executed Easement Deeds, Consents to Common
Use or Joint Use Agreements for EMWD's facilities(if required), CITY will provide written notification to EMWD of its
intent to close its file within 30 days. EMWD hereby acknowledges, to the extent allowed by law,that all remaining
costs will be deemed to have been abandoned. If CITY processes a final bill for payment more than 360 days after
notification of completion of EMWD's work,payment of the late bill may be subject to allocation and/or approval by the
City Council.
The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits
provided for in this Agreement, and less any amounts covered by progress billings. However, CITY shall not pay final
bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost
UTILITY AGREEMENT—Eastern Municipal Water District Page 4 of 6
from EMWD and approval of documentation by CITY. Except, if the final bill exceeds the EMWD's estimated costs
solely as the result of a revised Notice to Owner as provided for in Section 1, a copy of said revised Notice to Owner shall
suffice as documentation. In either case,payment of the amount over the estimated cost of this Agreement may be
subject to allocation and/or approval by the City of Menifee's City Council.
In any event, if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be
executed by the parties to this Agreement prior to the payment of the EMWD'S final bill. Any and all increases in costs
that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior
concurrence of CITY.
Detailed records from which the billing is compiled shall be retained by EMWD for a period of three years from the date
of the final payment and will be available for audit by CITY and/or Federal auditors. EMWD agrees to comply with
Contract Cost Principles and Procedures as set forth in 48 CFR, Chapter 1,Part 31, et seq., 23 CFR, Chapter 1,Part 645.
If a subsequent CITY and/or Federal audit determines payments to be unallowable, EMWD agrees to reimburse CITY
upon receipt of CITY billing.
As indicated under Section III.Performance of Work,the CITY will design, prepare plans and specifications, and
oversee and inspect FACILITIES relocations. The CITY shall perform the work at no expense to EMWD except as
described herein.
V. GENERAL CONDITION
All costs accrued by EMWD as a result of CITY's request of 2/6/2015 to review, study and/or prepare relocation plans
and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this
Agreement.
If CITY's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by
EMWD, CITY will notify EMWD in writing and CITY reserves the right to terminate this Agreement by Amendment.
The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement and reconciling
outstanding costs/reimbursements due EMWD.
EMWD shall submit a Notice of Completion to the CITY within 30 days of the completion of the work described herein.
CITY will acquire new rights of way in the name of either the CITY or EMWD through negotiation or condemnation.
The CITY shall obtain all rights of way for EMWD in the new alignment of the relocated FACILITIES by Easement
Deed,Joint Use Agreement or Consent to Common Use Agreement dedicated to EMWD.
Where EMWD has prior rights in areas which will be within the highway right of way and where EMWD's facilities will
remain on or be relocated on CITY right of way, a Joint Use Agreement or Consent to Common Use Agreement shall be
executed by the parties.
CITY shall prepare all documentation and obtain any and all environmental clearances as necessary for the relocated
FACILITIES, including but not limited to compliance with requirements imposed under the National Environmental
Protection Act(NEPA) and the California Environmental Quality Act(CEQA).
CITY represents and warrants that this Utility Agreement is not subject to 23 CFR 635.410,the Buy America provisions.
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 the activities governed by this Agreement due to any negligent acts, errors or
omissions or willful misconduct of the indemnifying Party performed in connection with such Party's duties and
obligations hereunder.
UTILITY AGREEMENT—Eastern Municipal Water District Page 5 of 6
Reimbursement Agreement
Description EMWD CITY
18"Water Transmission EMWD's responsibility
Pipelines
CITY's responsibility.
Design 12" CML&C Water CITY to reimburse EMWD
Pipeline and Fire Hydrants $25,084.00 for design
Relocation
8"PVC Sewer Pipeline EMWD's responsibility
Relocation
EMWD's responsibility.
18"Water Transmission EMWD to reimburse CITY
Pipelines $750,000*** (Estimate)
Construction 12" CML&C Water CITY's responsibility
Pipeline Relocation
Fire Hydrant Relocation CITY's responsibility.
CITY to reimburse EMWD
for hot tap connection,
valve removal, and
installation of blind
flanges*
$7,700*** (Estimate)
8" PVC Sewer Pipeline EMWD's responsibility
Relocation
TOTAL $750,000.00 *** $32,784.00 ***
Agency Estimate Costs:
Description EMWD CITY
Design Review 18"Water Transmission EMWD's responsibility
12" CML&C Water CITY's cost to EMWD
Relocation Waive
8"PVC Sewer Relocation EMWD's responsibility
Encroachment 18" Water Transmission
Permit 12" CML&C Water CITY's responsibility
Relocation
8"PVC Sewer Relocation EMWD's cost to CITY
Waive
Inspection Fees 18"Water Transmission EMWD's cost to CITY
(CM and Inspection) Waive
12" CML&C Water CITY's cost to EMWD
Relocation (CM and Inspection)Waive
8" PVC Sewer Relocation EMWD's cost to CITY
Waive
TOTAL $ Waive** $ Waive**
i
i
UTILITY AGREEMENT—Eastern Municipal Water District Page 6 of 6
*EMWD will hot tap the existing pipeline, valve removals, and installation of blind flanges,but the
CITY will be responsible for all other work including but not limited to traffic control, trenching,
backfill, install fire hydrant with related appurtenances, abandon existing fire hydrants, and replace
existing condition in kind.
**EMWD and City agree to waive all design reviews, encroachment permits, and inspection fees.
***THE ACTUAL REIMBURSEMENT COST TO EMWD BY THE CITY FOR ITS SHARE OF
THE ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.
***THE ACTUAL REIMBURSEMENT COST TO CITY BY EMWD FOR ITS SHARE OF THE
ABOVE-DESCRIBED WORK SHALL BE DETERMINED AT COMPLETION OF WORK.
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above
written.
CITY OF M NIF EASTERN ICIPAL WATER DISTRICT:
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Name L_ yvV � (,° �} Date Name 12AVC JDr S=_
Title Title General Manager
APPROVAL RECOMMENDED:
By By
Name Date Name Date
Title Title