HomeMy WebLinkAboutCalifornia State University Fresno - Agriculture Farm Pipeline Reimbursement - to widen N Willow Ave between E Bullard & E Barstow Ave from 2 lanes to 3 lanes and construct a right turn lane at SW corner of E Bullard & N Willow Ave1J
COOPERATIVE AGREEMENT
(Agriculture Farm Pipeline Reimbursement)
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THIS AGREEMENT, ENTERED INTO AND EFFECTIVE ON .(,arc, �0 , 2010, is between
" the Trustees of The California State University, hereinafter called 'TRUSTEES", for and on
i- behalf of the California State University, Fresno, hereinafter "CSUF, a public agency, and the
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City of Fresno, a California Municipal Corporation, hereinafter called "CITY".
RECITALS
CITY desires to widen North Willow Avenue between East Bullard and East Barstow
Avenues from two (2) lanes to three (3) lanes southbound and construct a right turn
lane at the southwest corner of East Bullard and North Willow Avenues ("Project'). The
Project has been environmentally assessed pursuant to the California Environmental
Quality Act (CEQA), resulting in a Finding of Conformity to MEIR No. 10130.
2. TRUSTEES and CITY have negotiated an understanding that the widening of Willow
Avenue will require an easement and right-of-way for public street purposes of CSUF
campus farm land, by separate agreement ("Agreement and Grant of Easement'), and
removal and replacement of an existing irrigation pipeline of the CSUF campus farm
('Pipeline"), resulting in a new upgraded irrigation pipeline system ("System"), more
specifically described/depicted in Exhibit "A" attached hereto and incorporated herein.
CITY and TRUSTEES have determined that replacing the existing Pipeline with the
System will minimize the impact to the CSUF campus farm caused by the removal of
the existing Pipeline.
4. CITY has conducted a cost benefit analysis and determined that replacing the existing
Pipeline with said System will be the least costly of the replacement options.
5. CITY and TRUSTEES have selected the System as the most practical and cost
effective replacement option for the existing Pipeline and CITY is agreeable to fund in
arrears costs actually incurred by CSUF, as lead agency, in removing and replacing the
Pipeline as provided herein, not to exceed $91,331.30, contingent upon TRUSTEES
execution of Agreement and Grant of Easement to CITY by separate agreement.
6. This Agreement does not provide for or constitute any Project approval(s).
7. The CITY and TRUSTEES are parties to a certain Campus Pointe Settlement
Agreement and General Release of All Claims executed on September 17, 2007, and
enter this Agreement with reference thereto.
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and
promises hereinafter contained, to be kept and performed, the parties agree that:
SECTION I
CITY AGREES:
To contribute funding in arrears, in lieu of actually removing, relocating and/or replacing
the Pipeline, for costs actually incurred by CSUF in removing the Pipeline and installing
the System, not to exceed $91,331.30, contingent upon PARTIES' execution of the
separate Agreement and Grant of Easement, as full and complete compensation for
removing, relocating and/or replacing the Pipeline, including all related, incidental and
consequential costs and damages including loss of use, upon the terms and conditions
herein.
That the estimated Project Schedule is attached as Exhibit "B" hereto and incorporated
herein.
That Project funds sufficient for CITY's Pipeline obligations hereunder are allocated and
available in the current CITY budget and will be encumbered to this Agreement.
SECTION II
TRUSTEES AGREE:
To accept CITY's funding contribution in lieu of any removal, relocation and/or
replacement of the Pipeline and as complete reimbursement therefore, including all
related, incidental and consequential costs and damages including loss of use, by
CITY's payment in arrears of costs actually incurred by CSUF in removing the Pipeline
and installing the System, not to exceed $91,331.30, contingent upon TRUSTEES
execution of Agreement and Grant of Easement to CITY by separate agreement, upon
the terms and conditions herein.
2. That TRUSTEES have full legal and equitable right, title and interest in and to the
Pipeline, and that TRUSTEES are fully competent to enter this Agreement, by signature
of authorized agents below.
3. That TRUSTEES, as lead agency and awarding body, shall be solely responsible for the
Pipeline and the system including all environmental oversight and CEQA compliance,
contract engineering, bid, award and administration in accordance with all governing
federal, state and local laws, and all requirements of funding agencies, including without
limitation applicable prevailing wage and competitive bidding requirements, and upon
completion that the System shall be vested in TRUSTEES.
4. They waive all rights, and release the CITY as to, any and all obligation regarding the
Pipeline and the system including relocation and replacement.
SECTION III
MISCELLANEOUS:
GOVERNING LAW
This Agreement shall be governed by and construed and enforced in accordance with
the laws of the State of California. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
NOTICES
Any notice required or intended to be given to either party under the terms of this
Agreement shall be in writing and shall be deemed to be duly given if delivered personally or
deposited into the United States mail, with postage prepaid, addressed to the party specified
below or at such other address as the parties may from time to time designate by written
notice.
CITY:
TRUSTEES:
CSUF:
City of Fresno
CSU Trustees
CSU Fresno
Attn: Scott L. Mozier, P.E.
Attn: Elvyra F. San Juan
Attn: Cynthia Teniente-Matson
Assistant Director/City Engr.
Assistant Vice Chancellor
Vice President for
Public Works Department
CPDC
Administration
2600 Fresno Street, 4th Floor
401 Golden Shore
5200 N. Barton
Fresno, CA 93721-3623
Long Beach, CA 90802
Fresno, CA 93740
INDEPENDENT CONTRACTOR
In their respective performance of this Agreement it is mutually understood and agreed
that the parties are acting independently. Each party shall comply with all applicable
provisions of law and the rules and regulations, if any, of governmental authorities having
jurisdiction. Each party has independently reviewed this Agreement. Neither party has relied
upon any representations or statements of the other not set forth in this Agreement.
4. HOLD HARMLESS
TRUSTEES, shall indemnify, hold harmless and defend CITY and each of its officers,
officials, employees, agents and authorized volunteers from any and all loss, liability, fines,
penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage) incurred by CITY,
and from any and all claims, demands and actions in law or equity (including attorney's fees
and litigation expenses) arising or alleged to have arisen directly or indirectly from the
negligent or intentional acts or omissions, or willful misconduct of TRUSTEES, or any of its
officers, officials, employees, agents or authorized volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by TRUSTEES of governmental
immunities including California Government Code Section 810 et seq.
CITY shall indemnify, hold harmless and defend Trustees and each of the respective
officers, officials, employees, agents and authorized volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred by
TRUSTEES, from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses) arising or alleged to have arisen directly or indirectly
from the negligent or intentional acts or omissions, or willful misconduct of CITY or any of its
officers, officials, employees, agents or authorized volunteers in the performance of this
Agreement; provided nothing herein shall constitute a waiver by CITY of governmental
immunities including California Government Code Section 810 et seq.
In the event of negligence or willful misconduct on the part of TRUSTEES or any of its
officers, employees, agents or authorized volunteers, and on the part of CITY or any of its
officers, employees, agents or authorized volunteers, the liability for any and all such claims,
demands and actions in law or equity for such losses, fines, penalties, forfeitures, costs and
damages shall be apportioned under the State of California's theory of comparative fault as
presently established or as may be modified hereinafter.
This Section 4 shall survive termination or expiration of this Agreement.
5. INSURANCE
Without limiting the indemnification of each party as stated in Section 4 above, it is
understood and agreed that CITY and Trustees shall each maintain, at their sole expense,
insurance policies or self-insurance programs including, but not limited to, an insurance
pooling arrangement and/or Joint Powers Agreement to fund their respective liabilities
throughout the term of this Agreement. Coverage shall be provided for general liability,
automobile liability, and workers' compensation exposure. Evidence of Insurance, e.g.,
Certificates of Insurance or other similar documentation, shall not be required under this
Agreement.
6. HEADINGS
The section headings in this Agreement are for convenience and reference only and
shall not be construed or held in any way to explain, modify or add to the interpretation or
meaning of the provisions of this Agreement.
7. CUMMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
The rights, interests, duties and obligations defined within this Agreement are intended
for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding
anything stated to the contrary in this Agreement, it is not intended that any rights or interests
in this Agreement benefit or flow to the interest of any third parties.
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9. ASSIGNMENT OF AGREEMENT
Nothing contained in this Agreement shall be construed to permit assignment or transfer
of any rights under this Agreement and such assignment or transfer is expressly prohibited and
void.
10. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of the
combined efforts of the parties and that, should any provision of this Agreement be found to be
ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in
favor or against any party, but rather by construing the terms in accordance with their generally
accepted meaning.
11. COMPLETE AGREEMENT
This Agreement and the attachments and documents incorporated herein constitute the
complete and exclusive statement of the terms of the Agreement between TRUSTEES and
CITY, as to the subject matter hereof, and it supersedes all prior representations,
understandings, representations and communications, either written or oral. Changes hereto
shall not be binding upon either party except when specifically confirmed in writing by the
parties' authorized agents.
5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day, month and year first above written.
Attachments: Exhibit A: Description/Depiction of Pipeline and System
Exhibit B: Project Schedule
Date: �� ) o 0. , til0
APPROVED:
BY:
Scot L. Mozier, P. E.
Assistant Public Works Director
and City Engineer
ATTEST:
REBECCA E. KLISH
City Clerk
By:
Deputy 1Z12D1/d
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By: LL -- I3,-01,►0,
r
Deputy 41I't
APPROVAL RECOMMENDED:
C nt is eniente-Matson
Vice President for Administration
California State University, Fresno
APPROVED: TRUSTEES OF THE
CAL I RNIA ATE UNIVERSITY
BYt G
Elvyra F. Ilan J 1uan
Assistant Vice Cha cellor
Capital Planning, Design &Construction
2
COOPERATIVE AGREEMENT
DESCRIPTION DEPICTION OF PIPELINE AND SYSTEM
EXISTING RIGHT OF WAYS
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NOTES
1. THIS PLAN REPRESENTS THE ENTIRE SYSTEM IN BE CONSTRUCTED WITH THIS CONTRACT. A[ L.
MISCELLANEOUS MATERIALS AND WORK NECESSARY TO COMPLETE THE: KEY COMPONENTS OF 114E SYSTEM IS
INCLUDED IN THIS SCOPE OF WORK.
2. ALL WORK OUTSIDE THE SCOPE OF THIS AGREEMENT IS NOT INCLUDED IN ]HIS PROJECT
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City of
CIDICdm\■ 1II
rn�i ��►� REPORT TO THE CITYCOUNCIL
December 16, 2010
AGENDA ITEM NO. f f
COUNCIL MEETING 1111010
APPROVED BY
DEPARTI�fENT DIRECTOR
CITY MAN
FROM: PATRICK N. WIEMILLER, Public Works Director
Public Works Department
BY: EFREN BANUELOS, Assistant Director
Public Works Department, Capital Management Division
RANDALL MORRISON, Project Manage (0
Public Works Department, Capital Management Division
SUBJECT: AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
EXECUTE A COOPERATIVE AGREEMENT WITH THE TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY FOR AN AGRICULTURAL FARM
PIPELINE REIMBURSMENT NECESSARY FOR THE WILLOW AVENUE
STREET IMPROVEMENT PROJECT BETWEEN BARSTOW AVENUE AND
ESCALON AVENUE. (COUNCIL DISTRICT 4)
2;1019 y,LZ(i: FBI-` ork
Staff recommends that the City Council authorize the
execute a Cooperative Agreement with the Trustees
agricultural farm pipeline reimbursement necessary for
Project from Barstow Avenue to Escalon Avenue.
EXECUTIVE SUMMARY
Public Works Director or his designee to
of The California State University for an
the Willow Avenue Street Improvements
The City of Fresno is proposing to widen Willow Avenue from Barstow to Escalon. The widening of
Willow Avenue will impact the existing California State University, Fresno (CSUF) agricultural
facilities. CSUF currently has an irrigation system within the limits of the proposed widening.
Because of the impact, the existing irrigation facilities will need to be modified and relocated. For this
reason, the City of Fresno requested, and CSUF agreed, to relocate the irrigation system. The
relocation and modification of these facilities will be completed by CSUF and be reimbursed by the
City of Fresno. The Cooperative Agreement between the two agencies clearly defines the roles of
each agency and identifies the reimbursement amount not to exceed $91,331.30.
Staff recommends that the City Council authorize the Public Works Director or his designee to
execute a Cooperative Agreement with the Trustees of The California State University.
Presented to City Council
DntE /1.//0
')'wsitlon
Report to the City Council
Authorization To Execute Cooperative Agreement With CSU
For The Willow Avenue Street Improvements Project From Barstow To Escalon
December 16, 2010
Page 2
BACKGROUND
Willow Avenue is the bordering City limit between the City of Fresno and the City of Clovis. Currently
with new residential and commercial development in the area, this intersection is experiencing traffic
congestions. To alleviate the traffic congestion, with the support of City of Clovis and California State
University Fresno (CSUF), the City of Fresno applied for and obtained funding from Measure C and
Traffic Congestion Relief Program (TCRP) in the amount of $1,450,000 and $250,000, respectability.
The street improvement project scope will include widening Willow Avenue from Barstow to Escalon
from four lanes to six lanes with a raised median island. The improvements at the intersection of
Bullard and Willow will include dual left turn lanes, three thru lanes, and single right turn bays on the
Willow Avenue approaches. The Bullard Avenue approaches will include dual left turn lanes and two
thru lanes in both directions and one right turn bay on the eastbound direction. Traffic signals at
Bullard and Willow Avenues will be modified to accommodate the widening project. Street
landscaping will also be installed within the new proposed median island along Willow Avenue and
Bullard Avenue. This project also includes the construction of a multipurpose trail along the west
side of Willow Avenue.
In order to construct the proposed improvements, the agricultural irrigation system facilities need to
be relocated and modified. Staff and CSUF have determined that the most cost effective and efficient
way to complete this work is to let CSUF take the lead and the City will reimburse them from the
project expense. The total reimbursement cost for CSUF to make required modifications to the
agriculture farm pipeline system is not to exceed $91,331.30. The reimbursement that is to be paid
to CSUF qualifies for reimbursement by the grant. This agreement will not have any effect on the
City of Fresno budget.
The environmental document, Finding of Conformity to the Master Environmental Impact Report
(MEIR) No. 10130 prepared for the 2025 Fresno General Plan, was prepared by Staff and posted
with the Fresno County Clerk on April 16, 2010 as document E201 01 00001 26 and a Environmental
Assessment Number EA -10-011. It was determined that the project conforms to the City's MEIR.
FISCAL IMPACT
Project funding comes from the Measure C Tier 1, Traffic Congestion Mitigation Project (TCRP) and
Development Impact Fee.
Attachments:
-Project Vicinity Map
-Cooperative Agreement with the Trustees of The California State University
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1AMAWunN
CITY
OF FRESNO — DEPARTMENT OF PUBLIC WORKS
AGRICULTURE
FARM PIPELINE
REIMBURSEMENT
COUNCIL DISTRICT
FOR WILLOW
AVENUE STREET
IMPROVEMENTS
4
PROJECT VICINITY
MAP
DATE:
NOT TO SCALE
DECEMBER 18, 2010