HomeMy WebLinkAboutContracts & Agreements_89-2024COST -SHARING AND REIMBURSEMENT AGREEMENT AMONG THE CITY OF
REDLANDS, NEIL WATSON, AND GEORGE NASH, REGARDING THE PIONEER
MUTUAL WATER COMPANY WELL REPAIR AND OPERATIONS
This COST -SHARING AND REIMBURSEMENT AGREEMENT ("Agreement") is
made and entered into on May 21, 2024, by and among the City of Redlands ("City"), Neil
Watson ("Watson"), and George Nash ("Nash") for the cost -sharing and reimbursement of costs
in connection with well repairs. In this Agreement, the City, Watson, and Nash are referred to
individually as "Party" and collectively as the "Parties."
RECITALS
A. The City, Watson, and Nash are shareholders of Pioneer Mutual Water Company (the
"Company").
B. The Parties desire to repair a Company well that has failed and requires significant repair.
C. The Company will enter into a contract for the performance of the above -mentioned repairs,
subject to reimbursement by the Parties.
D. The Parties have agreed to share the costs of said repairs, which will benefit the Parties as
provided in this Agreement.
E. The Parties have agreed to share the costs of any future work or repairs and ongoing operating
costs according to the terms contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
mutually agree to the following:
1. Recitals. The Recitals stated above are true and correct and are incorporated by this reference
into this Agreement.
2. Scope of Repairs. Company shall contract for the performance of repair work in accordance
with the plans and specifications set forth on Exhibit A, attached hereto.
3. Responsibilities of the Parties. The Parties will share the costs of previously described
repairs and any future repairs or work and operating costs as follows:
a. City shall be responsible for 75% of the costs incurred.
b. Watson shall be responsible for 15% of the costs incurred.
c. Nash shall be responsible for 10% of the costs incurred.
City, Watson, and Nash shall promptly reimburse the Company for their proportionate share
of the repair work (the "Reimbursement"), no later than thirty (30) days following the
Company's written invoice therefore.
1
I:\cmo\Agreements\Cost Sharing and Reimbursement Agreement Re Pioneer Mutual Water Company Well Repair FY23-0088.docx-ms
4. Addition of New Parties. New parties may join this Agreement by an addendum subject to
the written agreement of all Parties and shall be subject to the identical terms and conditions
as the existing Parties except that the reimbursement obligation of the Parties will be revised
accordingly.
5. Term. The term of this Agreement will commence on the date first written above and shall
apply to all costs in connection with future work, repairs, and operating costs contracted by
the Company.
6. Amendment and Waiver. Except for any Addendum added pursuant to this Section 6, no
change or modification of this Agreement shall be valid unless the same is in writing and
signed by all Parties, and no verbal understanding or agreement not incorporated herein shall
be binding on any Party hereto.
7. Governing Law. This Agreement shall be construed and governed by the laws of the State of
California, and any suit or action initiated by any Party shall be brought in the Superior Court
for the County of San Bernardino, California, or the United States District Court for the
Central District of California.
8. Time of Essence. Time is of the essence for every provision hereof in which time is a factor.
9. Benefit of Parties. The terms of this Agreement shall be binding and inure to the benefit of
the Parties hereto and their successors and assigns. No Party shall assign this Agreement or
any portion thereof to a third party without the prior written consent of all of the other Parties.
Any such assignment without prior written consent by one Party shall give any or all of the
other Parties the right to automatically and immediately terminate this Agreement with
respect to the Party making the unauthorized assignment without advance notice.
10. Entire Agreement of the Parties. Except for any addendum added pursuant to Section 5, this
Agreement supersedes any and all agreements, either oral or written, between the Parties
with respect to the subject matter of this Agreement and contains all of the representations,
covenants, and agreements between the Parties with respect to the subject matter of this
Agreement.
11. Independent Counsel. Each Party has had the opportunity to consult with its own attorney
with respect to this Agreement, and in the event that any language contained herein is
construed to be vague or ambiguous, this Agreement shall not be strictly construed against
any Party.
12. Notice. Notice given under or regarding this Agreement shall be deemed given upon delivery
into the United States Mail if delivery is by postage paid certified mail (return receipt
requested), or reputable overnight commercial delivery service. Notice shall be sent to the
respective Party at the address indicated below or to any other address as a Party may
designate from time to time by a notice given in accordance with this paragraph.
2
I:\cmo\Agreements\Cost Sharing and Rennbursement Agreement Re Pioneer Mutual Water Company Well Repair FY23-0088.docx-ms
If to City of Redlands: Tabitha Crocker
Director Facilities and Community Services Department
City of Redlands
35 Cajon Street No. 200
Redlands, CA 92373
tcrocker@cityofredlands.org
909-798-7655
If to Neil Watson:
If to George Nash:
Neil Watson
1855 Riverbend Dr.
Redlands, CA 92374
NRW5107@aol.com
909-648-2635
George Nash
1104 Pioneer Ave.
Redlands, CA 92374
gnash44@verizon.net
909-226-8199
13. Invalid Provision. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provision were omitted.
14. Headings and Captions. The headings and captions used in this Agreement are for
convenience only and shall in no way define, limit, or describe the scope or intent of the
Agreement or any part thereof.
15. Counterparts. This Agreement may be executed in counterpart originals, each of which is
deemed to be an original for all purposes.
[SIGNATURES ON FOLLOWING PAGE]
3
I:\cmo\Agreements\Cost Sharing and Reimbursement Agreement Re Pioneer Mutual Water Company Well Repair FY23-0088.docx-ms
IN WITNESS WHEREOF, the Parties have executed this Agreement below on the date first
written above.
City of ' ' . nds
DDIE TEJEDA,
Mayor
ATTEST:
E DONALDSON,
City Clerk
George Nash
Neil Watson
4
I:\cmo\Agreements\Cost Sharing and Reimbursement Agreement Re Pioneer Mutual Water Company Well Repair FY23-0088.docx-ms
EXHIBIT A
SCOPE OF WORK
• Brush and Bail Well
• Assemble and Prep Submersible Pump for Installation
• Insta11 400' of 6" x 20' Submersible Water Pump and Motor assembly.
• Install 400' of #4 AWG Submersible Cable and 400' of 3/4" PVC Secure Sub cable and
PVC with SS Banding and buckles.
• Set head and bolt up to discharge.
• Install new J Box at Head.
• Set building back in place.
• Rig down and clean up site.
• Check Main panel for correct incoming Voltage.
• Wire up motor to Panel.
• Check and verify rotation. Run system.
• Check system for leaks and proper
• flow. Check amps and voltage.
• Check all instrumentation for proper function.
The Following Materials will be Utilized:
(1)- New 6" 5 stage Flowise FW7LC Pump End
(1)- New 6" 50 HP 460V 3PH 2 Pole SME Motor
500' Spool of #4/3 AWG Submersible Cable
(20) New 6" X 20' Tapered Column Pipe NPT
(1) New Fabricated 6" Steel Head w/ 8" Flanged x 16" Base
(41)- Pieces of 1" X 10' Flush Joint PVC (410')
(1) Sub Cable Splice and Electrical kit( 1) 6" Bolt Hardware and gaskets( 1) New
12" J BOX with 12" Nipple
5
I:\cmo\Agreements\Cost Sharing and Reimbursement Agreement Re Pioneer Mutual Water Company Well Repair FY23-0088.docx-ms