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2022/07/21 Eastern Municipal Water District (EMWD) Utility Agreement 215/Holland Rd Project ID EA 1F980UTILITY AGREEMENT – Eastern Municipal Water District Page 1 of 5 DISTRICT 08 COUNTY Riverside ROUTE 215/Holland Rd POST MILE 17.5 PROJECT ID EA 1F980 FEDERAL AID NUMBER N/A EMWD’s Work Order No. 13604 FEDERAL PARTICIPATION/FEDERALLY ELIGIBLE/NEPA DOCUMENT On the Project  YES  NO On the Utilities  YES  NO Owner Payee Data No. ___N/A___ or Form STD 204 is attached  UTILITY AGREEMENT NO: 1A DATE: July 21, 2022 This Amendment to Utility Agreement No:1 (“Agreement”) between City of Menifee, hereinafter called “CITY” and Eastern Municipal Water District (“EMWD”) whose address is 2270 Trumble, Road Perris, CA 92570 is dated and effective Month, Day and Year. RECTIALS WHEREAS, on August 25, 2016, the Parties entered into the Agreement to establish general terms for the PROJECT; and WHEREAS, completed PROJECT work has been limited and additional work, described herein, has been identified; and WHEREAS, Parties desire to advance such additional work; and WHEREAS, the purpose of this Amendment is to set forth the terms and conditions of the Additional Work. AGREEMENT Therefore, it is hereby mutually agreed between CITY and EMWD that: 1. Incorporation of Recitals. Each and every one of the Recitals set forth above is hereby incorporated herein. 2. The following shall be added to Section I – WORK TO BE DONE I. WORK TO BE DONE Additional work to be done: 6) CITY shall prepare plans for a 12” water pipeline from the intersection of Holland Road and Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project. 7) CITY shall prepare plans for an 8” sewer pipeline on Holland Road from Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project. 8) CITY shall prepare plans for a 6” recycled water pipeline on Holland Road from Haun Road to the end of the proposed Cul-de-Sac to be constructed by the CITY as part of the project. 9) EMWD shall prepare plans for the relocation and dip of the existing 12” water pipelines at the intersection of Holland Road and Hannover Road due to conflicts with a proposed 36” Storm Drain pipeline. DocuSign Envelope ID: 63EACF25-E4C1-43FC-B3EB-1E487789AA18 UTILITY AGREEMENT – Eastern Municipal Water District Page 2 of 5 The following shall be added to Section II – LIABILITY FOR WORK II. LIABILITY FOR WORK Costs to install the new 12” water pipeline, 8” sewer pipeline, and the new 6” recycled water pipeline are to include, but are not limited to, all elements of planning, design, construction, inspection, and project closeout shall be at the City’s expense. Once install and inspected, EMWD shall own and maintain the subject facilities heretofore. Cost to relocate and dip the existing 12” water pipelines at the intersection of Holland Road and Hannover Lane are to include, but not limited to elements of planning, design, construction, inspection, and close out shall be at EMWD’s expense. The following shall be added to Section IV – PAYMENT FOR WORK IV. PAYMENT FOR WORK The following shall be added: The CITY shall be solely responsible for costs associated with the design and construction related costs of the new 12” water pipeline, 8” sewer pipeline, and the 6” recycled water pipeline. In the event additional work becomes necessary to complete the construction of the new 12" water pipeline, 8" sewer pipeline, and the 6” recycled water pipeline 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 design and construction for the relocation and dip of the existing 12” water pipeline at the intersection of Holland Road and Hannover Lane. In the event additional work becomes necessary to complete the construction of the existing 12" water pipeline dips and relocation work, EMWD shall bear full financial responsibility for all costs associated with the additional work. This paragraph shall replace the third paragraph of the signed agreement dated 8/25/2016: EMWD and the CITY shall each be responsible for 50% of the costs associated with the design and construction related costs of the proposed dual 18" water transmission pipelines on Holland Road. In the event additional work becomes necessary to complete the work, EMWD and the CITY shall bear equal 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. The Reimbursement Agreement Table, shown below, shall replace the Reimbursement Agreement Table found under Section V – GENERAL CONDITION of the signed agreement dated 8/25/2016: DocuSign Envelope ID: 63EACF25-E4C1-43FC-B3EB-1E487789AA18 UTILITY AGREEMENT – Eastern Municipal Water District Page 3 of 5 V. GENERAL CONDITION Reimbursement Agreement Description EMWD CITY Design 18” Water Transmission Pipelines EMWD’s responsibility 50% of the cost City’s responsibility 50% of the cost 12” CML&C Water Pipeline and Fire Hydrants Relocation CITY’s responsibility. CITY to reimburse EMWD $25,084.00 for design 8” PVC Sewer Pipeline Relocation EMWD’s responsibility 12” Water line Relocation Under New Storm Drains EMWD’s responsibility 8” Water Pipeline CITY’s responsibility 8” Sewer Pipeline CITY’s responsibility 6” Recycled water Pipeline CITY’s responsibility Construction 18” Water Transmission Pipelines EMWD’s responsibility 50% of the cost. EMWD to reimburse CITY $450,000*** (Estimate) City’s responsibility 50% of the cost. $450,000*** (Estimate) 12” CML&C Water Pipeline Relocation CITY’s responsibility 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 Relocation EMWD’s responsibility 12” Waterline Relocation Under New Storm Drains EMWD’s responsibility. EMWD to reimburse CITY $90,000*** (Estimate) 12” Water Pipeline CITY’s responsibility 8” Sewer Pipeline CITY’s responsibility 6” Recycled Water Pipeline CITY’s responsibility TOTAL $540,000.00 *** $482,784.00 *** DocuSign Envelope ID: 63EACF25-E4C1-43FC-B3EB-1E487789AA18 UTILITY AGREEMENT – Eastern Municipal Water District Page 4 of 5 Agency Estimate Costs: Description EMWD CITY Design Review 18” Water Transmission EMWD’s responsibility 12” CML&C Water Relocation CITY’s cost to EMWD Waive 8” PVC Sewer Relocation EMWD’s responsibility 12” Waterline Relocation Under New Storm Drains EMWD’s responsibility 12” Water Pipeline EMWD’s cost to CITY Waived 8” Sewer Pipeline EMWD’s cost to CITY Waived 6” Recycled water Pipeline EMWD’s cost to CITY Waived Encroachment Permit 18” Water Transmission EMWD’s cost to CITY Waive 12” CML&C Water Relocation CITY’s responsibility 8” PVC Sewer Relocation EMWD’s cost to CITY Waive 12” Water line Relocation Under New Storm Drains EMWD’s cost to CITY Waive 12” Water Pipeline CITY’s responsibility 8” Sewer Pipeline CITY’s responsibility 6” Recycled water Pipeline CITY’s responsibility Inspection Fees 18” Water Transmission EMWD’s cost to CITY (CM and Inspection) Waive 12” CML&C Water Relocation CITY’s cost to EMWD (CM and Inspection)Waive 8” PVC Sewer Relocation EMWD’s cost to CITY Waive 12” Water line Relocation Under New Storm Drains EMWD’s cost to CITY Waive 12” Water Pipeline CITY’s cost to EMWD (CM and Inspection)Waive 8” Sewer pipeline CITY’s cost to EMWD (CM and Inspection)Waive 6” Recycled water Pipeline CITY’s cost to EMWD (CM and Inspection)Waive TOTAL $ Waive** $ Waive** *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 DocuSign Envelope ID: 63EACF25-E4C1-43FC-B3EB-1E487789AA18 UTILITY AGREEMENT – Eastern Municipal Water District Page 5 of 5 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 MENIFEE: EASTERN MUNICIPAL WATER DISTRICT: By By Name Date Name Date Title Title APPROVAL RECOMMENDED: By By Name Date Name Date Title Title DocuSign Envelope ID: 63EACF25-E4C1-43FC-B3EB-1E487789AA18 Name_________________ Jeffrey T. Melching Armando G, Villa Title___________________Acting City Clerk City Attorney City Manager 8/17/2022 Stephanie Roseen 8/17/2022 8/17/2022By__________________ ________ Date