HomeMy WebLinkAbout13 - Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation - Award of Contract No. 8728-2 (22R14)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 29, 2022
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov
PHONE: 949-644-3315
TITLE: Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation
—Award of Contract No. 8728-2 (22R14)
ABSTRACT:
City of Newport Beach (City) staff received construction bids for the Newport Coast Drive
and Balboa Boulevard Pavement Rehabilitation project and requests City Council
approval to award the construction contract to All American Asphalt. This project will cold
mill and overlay the existing pavement on Newport Coast Drive, from East Coast Highway
to Ridge Park Road, and on Balboa Boulevard, from Medina Way to G Street.
RECOMMENDATION:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities
involving negligible or no expansion of use) of the CEQA Guidelines, because this
project has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 8728-2 to All American Asphalt for the total bid price of
$5,669,268.50, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $566,000 (approximately 10 percent of total bid) to cover
the cost of unforeseen work not included in the original contract;
e) Approve the Reimbursement Agreement with Irvine Ranch Water District (IRWD) for
the cost of adjusting IRWD utilities on Newport Coast Drive; and
f) Approve Budget Amendment No. 23-037 appropriating $195,562 in new revenue and
expenditures from IRWD to 13501-980000-22R14 and appropriating $984,303.75 in
increased expenditures in Account No. 12201-980000-22R14 from Measure M Fair
Share Fund unappropriated fund balance.
13-1
Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation —
Award of Contract No. 8728-2 (22R14)
November 29, 2022
Page 2
DISCUSSION:
At 10 a.m. on November 3, 2022, the City Clerk opened and read the following bids for
this project:
BIDDER
TOTAL BID AMOUNT
Low
All American Asphalt
$ 5,669,268.50
2nd
R.J. Noble Company
$ 5,946,200.00
3rd
Excel Paving
$ 6,118,858.00
4th
Hardy & Harper
$ 6,207,000.00
The City received four bids for this project. The low bidder, All American Asphalt,
possesses a California State Contractor's License Classification "A", as required by the
project specifications. A review of references for All American Asphalt shows satisfactory
completion of similar contracts for the City and other municipalities. All American Asphalt
recently completed the East Coast Highway and Jamboree Road pavement rehabilitation
projects for the City.
The low bid was 9.0 percent above the Engineer's Estimate of $5,200,000. The disparity
between the low bid and Engineer's Estimate is primarily attributable to the recent rise in
the cost of asphalt concrete. Recent bids for several of the City's Capital Improvement
Projects have been significantly higher than anticipated requiring budget adjustments.
The following table illustrates the recent increase in cost of asphalt concrete:
Project Name
Bid Date
Quantity (Ton)
Bid Price ($/Ton)
East Coast Highway
Oct 28, 2021
10,000
$ 86.70
Jamboree Road
December 7, 2021
8,900
$ 90.00
Newport Coast Drive
November 3, 2022
11,000
$ 120.00
Balboa Boulevard
November 3, 2022
2,050
$ 131.00
The bid prices for asphalt concrete shown above were all from the same low bidder; All
American Asphalt. The cost of asphalt concrete has increased by more than 40% in the
past year. The average cost of asphalt concrete for the previous 10 years ranges from
$80 to $90 per ton. This significant price increase (to approximately $120 per ton), as well
as increases for many other construction materials tied to rising oil and commodity prices,
is leading to higher than expected bid prices.
The proposed project includes cold milling and overlaying the existing asphalt concrete
street pavement with new rubberized asphalt concrete pavement; reconstructing
deteriorated concrete sidewalks, curbs, gutters, and access ramps; adjusting utility boxes
to grade; installing new traffic signs; restriping the pavement; and other appurtenant items
of work.
13-2
Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation —
Award of Contract No. 8728-2 (22R14)
November 29, 2022
Page 3
IRWD provides water and wastewater services for many of the communities along
Newport Coast Drive. IRWD facilities, such as water valve boxes and manhole covers,
will need to be temporarily lowered and adjusted to the new street grade as part of the
paving operation. Staff requests approval of the attached reimbursement agreement to
recover City cost associated with modifying these IRWD facilities.
Pursuant to the contract specifications, the contractor will have 80 consecutive working
days to complete the work. Construction is scheduled to start in January 2023 on Balboa
Boulevard so that this phase of work will be complete before the busy summer season.
Construction on Newport Coast Drive will start after Balboa Boulevard is substantially
completed.
The project plans and specifications will be available for review at the November 29, 2022
City Council meeting or upon request.
FISCAL IMPACT:
Upon approval of the proposed Budget Amendment, sufficient funding is available from
the Capital Improvement Program budget for the award of this contract. The Budget
Amendment appropriates $195,562.00 from the IRWD contribution and $984,303.75 from
Measure M Fair Share Fund unappropriated fund balance.
The following funds will be expensed.
Account Description
Measure M Fair Share Fund
Neighborhood Enhancement Fund
SB-1 — RMRA Fund
Grade Adjustment Water Valve
Grade Adjustment Water Valve
Grade Adjustment Sewer Manhole
IRWD Reimbursement Contribution
Proposed fund uses are as follows:
Vendor
All American Asphalt
All American Asphalt
Harrington GE, Inc.
Various
Account Number
Amount
12201-980000-22R14
$
2,841,303.75
53601-980000-22R14
$
1,200,000.00
12601-980000-22R14
$
2,000,000.00
70201-980000-22R09
$
20,296.00
70201-980000-23R09
$
6,833.25
71101-980000-22R09
$
23,005.00
13501-980000-22R14
$
195,562.00
Total:
$
6,287,000.00
Purpose
Amount
Construction Contract
$
5,669,268.50
Construction Contingency
$
566,000.00
Materials Testing
$
46,405.00
Printing & Incidentals
$
5,326.50
Total:
$
6,287,000.00
Staff recommends establishing $566,000 (approximately 10 percent of total bid) for
contingency purposes and unforeseen conditions associated with construction.
13-3
Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation —
Award of Contract No. 8728-2 (22R14)
November 29, 2022
Page 4
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance
of existing public facilities involving negligible or no expansion of use) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has
no potential to have a significant effect on the environment.
z[9111I:N1►Les
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Newport Coast Drive Location Map
Attachment B —Balboa Boulevard Location Map
Attachment C — Budget Amendment No. 23-037
Attachment D — IRWD Reimbursement Agreement
13-4
ATTACHMENT A
E
LIMITS OF WORK
NEWPORT COAST DRIVE
PAVEMENT REHABILITATION
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-8728-2 221R14 11 /29/22
13-5
ATTACHMENT B
Q
Iu�u "�n1oi
111�-
IIIgpIp
11.
Ii1 /Ii :1111I/�
LIMITS OF WORK
BALBOA BOULEVARD
PAVEMENT REHABILITATION
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-8728-2 221R14 11 /29/22
13-6
Attachment C
Budget Amendment No. 23-037
13-7
City of Newport Beach
BUDGET AMENDMENT
2022-23
Department: Public Works
Requestor: Theresa Schweitzer
❑ CITY MANAGER'S APPROVAL ONLY
O COUNCIL APPROVAL REQUIRED
ONE TIME: Q Yes ❑ No
BA#: 23-037
Approvals
Finance Director: - Date
\l
Citv Clerk: Date
EXPLANATION FOR REQUEST:
To appropriate new revenues and expenditures to fund the Newport Coast Drive and Balboa Boulevard Pavement ❑ from existing budget appropriations
Rehabilitation project (221114). Q from additional estimated revenues
❑� from unappropriated fund balance
REVENUES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
135
13501
431220
221114
CONTRIBUTIONS FUND CIP - IRVINE RANCH WATER DIST 195,562.00
ubotal$ 195,562.00
—Sub- 1-[-
EXPENDITURES
Fund #
Org
Object
Project
Description
Increase or (Decrease) $
135
13501
980000
22R14
CONTRIBUTIONS FUND CIP - CIP EXPENDITURES
FOR GL 195,562.00
122
12201
980000
221114
MEASURE M CIP - CIP EXPENDITURES FOR GL
984,303.75
Subtotal $ 1 179 865 75
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
122
300000
MEASURE M FUND - FUND BALANCE CONTROL
(984,303.75)
135
300000
CONTRIBUTIONS FUND - FUND BALANCE CONTROL
Subtotal i $ (984,303.75) 1
Fund Balance Change Required
13-8
ATTACHMENT D
File No. 11773
REIMBURSEMENT AGREEMENT BETWEEN
IRVINE RANCH WATER DISTRICT
AND THE CITY OF NEWPORT BEACH
FOR
INSTALLATION AND ADJUSTMENT OF UTILITIES TO GRADE FOR
THE NEWPORT COAST DRIVE PAVEMENT REHABILITATION PROJECT
This REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into as of
this 29th day of November. 2022 ('`Effective Date'). by and bet,.yeen IRVINE RANCH WATER
DISTRICT. a California water district formed and existing pursuant to the California Water
District Law ("IRWD") and the CITY OF NEWPORT BEACH. a California municipal
corporation and charter City (-City-).
RECITALS
A. The City intends to construct pavement improvements for a section of Ne\yport
Coast Drive. between East Coast High-yay and Ridge Park Road. Contract No. 8728-2 (the
..Project"'). within the jurisdictional boundaries of the City of Newport Beach.
B. The Project will necessitate the following construction work on IRWD facilities as
described on Exhibit A (the infrastructure collectively referred to as the "IRWD Facilities;' and
all construction work related thereto referred to as the "Work"):
■ Replacement to grade of:
• approximately 67 Domestic Water Valve Box and Covers (Bid Item 29)
• approximately 65 Recycled Water Valve Box and Covers (Bid Item 30)
• approximately 4 Corrosion Protection "Kest Station Box and Covers (Bid Item 34)
■ Adjustment to grade of:
• approximately 3 Water Manhole Ring. Frame and Covers (Bid Item 32)
• approximately 3 Telemetry Manhole Ring. Frame and Covers (Bid Item 33)
• approximately 52 Sewer Manhole Ring. Frame and Covers (Bid Item 36)
C. For the purpose of economy and expediency. the parties intend for City to perform
the Work subject to IRWD's reimbursement to the City of all costs.
D. Upon the completion of the Work. the parties intend that any new IRWD Facilities
installed as part of the Work will become the property of IRWD in accordance with the terns of
this Agreement.
13-9
NOW. THEREFORE. it is mutually agreed by and between the undersigned parties as
follows:
1. IRWD FACILITIES. As part of the Project. City shall initiate and pursue to
completion the design and construction ofthe IRWD Facilities and perform all Work in accordance
with the terms and conditions of this Agreement.
2. PLANS. City shall complete the Work pursuant to project plans and specifications
("Plans and Specifications") approved by IRWD and used in awarding the construction contract.
Prior to preparing the Plans and Specifications. Citv shall submit its Design Engineer. or other
qualified agent. proposed improvements plans for the IRWD Facilities to IRWD. IRWD will have
a period of five (5) calendar days from its receipt of that design proposal to review and either
indicate its approval or request changes. City shall cause its Design Engineer or other qualified
agent to review and respond to any requested changes. The Plans and Specifications shall be
deemed to incorporate the applicable portions of IRWD's latest edition of Constructlon dill all
for the Construction of Wafer. Seirer. and Reclainlecl 11 afar Facilities (the "Construction
Manual"). City shall let the contract for the performance of the Work (together ,vith non -
reimbursable work to be completed by City within the Project) pursuant to plans prepared by City's
Design Engineer or other qualified agent.
3. BIDDING AND AWARD.
3.I Construction of the IRWD Facilities shall be included in Citv's public
works bidding process to be awarded as part of the overall Project. The IRWD Facilities shall be
bid as a separate item or items that can be deleted. During the bidding process. City shall deliver
to IRWD one complete set of the bid documents that include the IRWD Facilities. including
delivering all related addenda concurrently with their distribution to prospective bidders. Upon
opening of bids by City, City shall submit the bids or a spreadsheet summary of the bids to IRWD.
3.2 IRWD shall have a period of ten (10) calendar days from its receipt of the
bids or spreadsheet summary to review and approve any bid items for IRWD Facilities submitted
by the bidder identified to IRWD by City as Citv's proposed successful bidder.
3.3 Bids received for the construction of any IRWD Facilities shall be subject
to the approval of IRWD prior to award of any Project construction contract that includes the
IRWD Facilities.
3.4 If IRWD does not approve any of the bids by the successful bidder for the
IRWD Facilities. either party may terminate this Agreement upon 24 hours prior written notice. in
which event City will have no further obligation to perform the Work. and IRWD may elect to
install the IRWD Facilities with its own contractor.
3.5 If IRWD approves the IRWD Facilities bid items of the successful bidder,
then City shall cause the IRWD Facilities to be constructed as part of the contract awarded to that
bidder.
13-10
3.6 The total cost for the IRWD Facilities and Work is estimated to be One
Hundred Ninety Five Thousand Nine Hundred Fifty Two Dollars and 00/100 Cents ($195.952.00).
but the actual amount that IRWD will reimburse the City shall be based on the actual costs. The
City Engineer Estimate for the Project. including line items for the Work. is attached hereto as
Exhibit A.
3.7 Upon award of the construction contract. City shall provide IRWD with
one original copy of the fully -executed contract documents and one copy of the bid package
relating to the IRWD Facilities received from the successful bidder.
4. DESIGN REVISIONS AND CHANGE ORDE
4.1 IRWD shall reimburse City for any change orders for revisions requested
by IRWD or otherwise required for the Work. City shall promptly furnish IRWD with copies of
any proposed change orders to the contract within five (5) business days of the initiation of the
changed conditions to the contract. which will be subject to IRWD approval, it. and to the extent
that. IRWD Facilities are affected.
4.2 IRWD shall promptly review proposed change orders and provide the City
with a response within five (5) business days or sooner of receiving any proposed change order
information from City. IRWD will not unreasonably cause delay to the construction schedule of
the Project in reviewing proposed change orders for the Work.
4.3 Notwithstanding anv other provision herein. any IRWD approval under this
Section 4 will be deemed given if the City does not receive a response from IRWD within eight
(8) business days following the written request for that approval. unless the parties agree otherwise
in a writing executed by both parties.
5. REIMBURSEMENT.
5.1 IRWD shall reimburse City for the following costs for the Work and the
IRWD Facilities. (collectively. the "Costs*'): (1) the actual costs of design. materials. construction.
permits. bonds. and legal fees (excluding the costs of preparation of this Agreement) incurred by
City in connection with the Work: and (2) an administration fee which will be equal to four percent
(4%) of the actual cost of construction (costs paid directly to Citv's contractor for construction.
only. excluding any cost for design, surveying. geotechnical or other work) of the Work. This
amount will be deemed to cover all costs of project administration, including, but not limited to.
accounting, inspection, surveying. compaction testing. geotechnical services and engineering.
City shall keep a separate accounting of all Costs incurred by City in relation to the Work.
5.2 Within sixty (60) calendar days after IRWD's acceptance of the IRWD
Facilities as provided in Section 8. City shall make a final accounting ofthe Costs and submit that
accounting to IRWD along with an invoice for the Costs and any supporting documentation
necessary to show the amounts which represent Costs. Amounts paid pursuant to progress
payment invoices will be subject to adjustment in the final accounting. IRWD shall pay to City
the total amount of the Costs within thirty (30) calendar days after IRWD's receipt of the final
accounting.
3
13-11
6. LAWS. ORDINANCES. RULES AND REGULATIONS. City shall require in its
contract for the Work that its contractor be fully informed of and comply with all laws. ordinances.
rules and regulations. including. but not limited to. all applicable requirements of the California
Labor Code, prevailing wage laws. the Construction Manual. and the Rules and Regulations of
IRWD in performing the Work.
7. INSPECTION. IRWD will have sole and absolute discretion as to all aspects of
the Work. and IRWD will be entitled to inspect the Work as it deems necessary to assure
compliance with the Plans and Specifications. including shop drawing review and material
inspection. IRWD will have access to all phases of the Project to be performed by City for the
purpose of those inspections: provided. however. all questions regarding the Work or Project will
be directed to City's resident engineer or its designee. IRWD will promptly notify City of any
portion of the Work which appears not to conform to the Plans and Specifications. The
determination of IRWD as to conformity of the Work with the Plans and Specifications will be
made in iRWD's sole and absolute discretion. IRWD shall not unreasonably withhold its approval
as to conformity of the Work with the Plans and Specifications. City shall require its contractor
to perform the Work so that the IRWD Facilities conform to the Plans and Specifications. City
shall assume full responsibility for certify_ ing or obtaining certification of the compaction of
backfill material over the IRWD Facilities.
8. ACCEPTANCE. IRWD shall accept the IRWD Facilities. as installed. relocated.
or adjusted. when the Work has been completed by City in accordance with all requirements of
the Plans and Specifications. including any change orders approved by IRWD as provided in
Section 4. At the time of completion and acceptance of the IRWD Facilities. City shall furnish
IRWD with one copy of the contractor's redlined set of blueline "record" drawings (showing all
revisions. manufacturer and type of valves. pipe and fittings as required by IRWD) and one copy
of the compaction reports and certificate. survey notes. and cut sheets.
9. OWNERSHIP. Notwithstanding the fact that City shall accomplish the Work
subject to reimbursement. the IRWD Facilities. together with the necessary franchises. licenses.
easements. rights -of -way. and other privileges. will at all times be subject to the applicable rates.
rules and regulations of IRWD, as modified or amended from time to time. City hereby disclaims
anv interest in the IRWD Facilities and hereby transfers and assigns to IRWD any and all right.
title, and interest it may have in the IRWD Facilities upon their completion and acceptance. IRWD
shall own. operate and maintain the IRWD Facilities following their acceptance.
10. GUARANTEES. Cite shall, pursuant to the requirements of the Plans and
Specifications. cause any contractor for the Work to guarantee the IRWD Facilities against defects
in workmanship and materials for a period of one (1) year from the date of acceptance by City.
which acceptance shall be given only after acceptance by IRWD as provided in Section 8. City
shall cause the IRWD Facilities to be brought or restored to full compliance with the requirements
of the Plans and Specifications. including any test requirements. for any portions of the IRWD
Facilities that during the one year period are found not to be in conformance with the provisions
of the Plans and Specifications. This guarantee is in addition to any and all other warranties.
express or implied. from City's contractors or material manufacturers. with respect to the IRWD
Facilities. The guarantee and obligations under this section will in no \vay be relieved by IRWD's
inspection and/or acceptance of the IRWD Facilities. This section sets forth the entire guarantee
-t
13-12
and warranty of City with respect to the IRWD Facilities. The express or implied warranties of
other persons with respect to IRWD Facilities will in no way be limited by the guarantee and
warranty of Citv contained in this section. If requested by IRWD. City shall assign to IRWD the
contractor's guarantee and/or any other guarantees or warranties relating to the IRWD Facilities.
11. INDEMNIFICATION.
11.1 City shall indemnify. defend and hold IRWD, its officers. agents.
employees, and engineers harmless from any expense. liability or claim for death. injury, loss.
damage or expense to persons or property which may arise or is claimed to have arisen during
performance of the Work as a result of any work or action performed by City or on behalf of City.
save and except to the extent such expense. liability or claim is proximately caused in whole or in
part by any act. omission. or negligence of IRWD. its officers. agents, employees or engineers or
by any act or omission for which IRWD. its officers, agents, employees or engineers are liable
without fault.
11.2 IRWD shall indemnity. defend and hold City, its officers. agents, and
employees. harmless from any expense. liability or claim for death. injury, loss, damage or expense
to persons or property which may arise or is claimed to have arisen either (i) as a result of any acts
performed by IRWD, its officers. agents. or employees, with respect to the IRWD Facilities or
Work. or (ii) following IRWD acceptance of the IRWD Facilities, with respect to maintenance and
operation of the IRWD Facilities. save and except to the extent such expense, liability or claim is
proximately caused in whole or in part by any negligence of City. its officers. agents. employees
or engineers. or by any act or omission for which City. its officers. agents. employees or engineers
are liable without fault.
11.3) Except for the payment of money. neither Party will be liable for any delays
or other non-performance resulting from circumstances or causes beyond its reasonable control.
including without limitation, fire or other casualty. Act ofGod. strike or labor dispute. war or other
violence. acts of third parties, or any lacy, order. or requirement of any governmental agency or
authority other than the Parties
12. INSURANCE AND BONDING. Citv shall cause its contractors to provide
performance and payment bonds for the construction of the Project including the Work and to
obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and
to include IRWD, its officers. agents. employees and engineers, as additional insureds on all
insurance policies that City requires its contractors to provide. As evidence of such insurance
coverage. City shall. prior to commencement of performance of the Work, provide IRWD with
certificates ofinsurance and insurance endorsements from City's contractor(s) in a form acceptable
to IRWD.
13. TERMINATION.
13.1 IRWD may terminate this Agreement at any time. subject to the provisions
of this section, by providing five (5) business days' prior written notice to City. except as noted in
Section 3 with respect to unapproved bids. It. at the request or direction of party other than City,
13-13
the performance of the Work is not accomplished or completed. IRWD shall remain obligated for
the actual amount of the Costs incurred by City to the date of termination.
13.2 If the Project is canceled or modified so as to eliminate the necessity of the
construction of the IRWD Facilities. City shall have the right to terminate this Agreement and
thereby terminate its obligation to perform the Work. by providing five (5) business days prior
written notice to IRWD. In such case. IRWD will not be obligated for any design or any other
Costs incurred by City. If IRWD elects to perform the Work. IRWD may. but shall not be
obligated to. acquire the design or other work from City by separate agreement.
14. NOTICE. Anv notice or other written instrument required or permitted by this
Agreement to be given to either party shall be deemed received when personally served or 24 hours
after being deposited in the U.S. Mail. postage prepaid. registered or certified and addressed as
follows:
DISTRICT: Irvine Ranch Water District
15600 Sand Canyon Avenue
P.O. Box 57000
Irvine. CA 92619-7000
Attn: General Manager
CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach. CA 92660
Attn: Public Works Department
15. SUCCESSORS AND ASSIGNS: INTEGRATION: AMENDMENT. This
Agreement will be binding upon and inure to the benefit of the successor and assigns of City and
IRWD. This Agreement constitutes the entire Agreement between City and IRWD and supersedes
all prior understandings and agreements between the parties with respect to the subjects hereof.
This Agreement may be modified only in writing signed by both parties hereto.
16. LEGAL FEES. In the event of any declaratory or other legal or equitable action
instituted between City and IRWD in connection with this Agreement. the prevailing party shall
not be entitled to recover from the losing party all of its costs and expenses. including court costs
and reasonable attorneys' fees.
17. DEEMED APPROVAL. Any approval required to be given by either party
pursuant to this Agreement shall be deemed given if no response to the party .s request for such
approval is received by the requesting party within ten (10) calendar days followino the written
request for such approval.
18. SEVERABiLITY. Ifany tern. provision. covenant or condition ofthis Agreement
is held to be invalid. void or other unenforceable. to any extent. by any court of competent
jurisdiction. the remainder of this Agreement will not be affected thereby. and each term provision.
covenant or condition of this Agreement will be valid and enforceable to the fullest extent
permitted by law.
6
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19. APPLICABLE LAW. This Agreement will be construed and enforced in
accordance with the laws of the State of California.
20. WAIVER. The waiver of any provision of this Agreement by either party will not
be deemed to be a waiver of any other provision or of any preceding or subsequent breach.
[SIGNATURES ON THE NEXT PAGE]
13-15
The parties are signing this Reimbursement Agreement to be effective as of the Effective Date.
IRVINE RANCH WATER DISTRICT CITY OF NEWPORT BEACH
a California municipal corporation
Paul Cook, General Manager
ATTEST:
Secretary/Assistant Secretary
By
Legal Counsel, IRWD
By
Kevin Muldoon
Mayor
ATTEST:
By
Leilani I. Brown
City Clerk
APPROVED AS TO ORM:
By r
ron C. Harp ti►I►c.I.-,x1)&
itv Attornev
13-16
EXHIBIT A
CITY ENGINEER ESTIMATE — IRWD FACILITIES
ITEM
DESCRIPTION
QUANTITY
UNIT
AMOUNT
29
Remove and Replace IRWD Domestic Water
67
EA
Valve Box and Cover to Grade
$903.00
$60,501.00
30
Remove and Replace IRWD Recycled Water
65
EA
Valve Box and Cover to Grade
$903.00
$58,695.00
32
Adjust IRWD Water Manhole Ring, Frame and
3
EA
Cover to Grade
$1,238.00
$3,714.00
33
Adjust IRWD Telemetry Pull Box and Cover to
3
EA
Grade
$1,238.00
$3,714.00
34
Remove and Replace IRWD CP Test Station
4
EA
Box and Cover to Grade
$1,238.00
$4,952.00
36
Adjust IRWD Sewer Manhole Ring, Frame and
52
EA
Cover to Grade
$1,238.00
$64,376.00
Total
$195,952.00
13-17