HomeMy WebLinkAboutFresno Met Flood Control Dist North Cedar Intersection ImpAGREEMENT No.
1619(G)-AWi-13
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AGREEMENT FOR DESIGN AND CONSTRUCTION
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OF MASTER PLAN FACILITIES
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THIS AGREEMENT FOR DESIGN AND CONSTRUr�CTION OF MASTER
PLAN FACILITIES (this "Agreement"), is made and entered into thisd day of ,
2010, by and between FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a California
public agency (the "District"), and the CITY OF FRESNO, a municipal corporation (the "City").
RECITALS
WHEREAS, the District has adopted and is responsible for implementing its Storm
Drainage and Flood Control Master Plan (the "Master Plan"); and
WHEREAS, the City desires to reconstruct and signalize the Cedar Avenue and North
Avenue intersection (the "Project') as depicted in Exhibit No. 1, attached hereto and
incorporated herein by this reference; and
WHEREAS, the District desires to have the City include within the Project, the
construction of certain Master Plan Facilities (the "Master Plan Facilities"), also as depicted in
Exhibit No. 1; and
WHEREAS, the City is willing to include construction of the Master Plan Facilities as a
part of the Project pursuant to the within Agreement; and
WHEREAS, the Project and the Master Plan Facilities collectively shall be referred to
herein as the "Improvements"; and
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WHEREAS, the District desires to reimburse the City for the cost of constructing the
Master Plan Facilities; and
WHEREAS, upon completion of the Improvements, the City desires to transfer
ownership of the Master Plan Facilities to the District for perpetual operation and maintenance;
and
WHEREAS, the District possesses the legal authority to accept such Master Plan
Facilities, pursuant to Section 6 herein, and operational liability therefore.
NOW, THEREFORE, in consideration of the recitals set forth above, which are herein
incorporated by this reference, and the mutual covenants and undertakings set forth herein, the
mutual receipt and sufficiency of which is hereby acknowledged, the District and the City agree as
follows:
1. The City shall construct the Improvements in accordance with (i) the City's and
the District's respective Standard Plans and Specifications; and (ii) plans and
specifications approved by District pursuant to Section 3 below.
2. The District shall reimburse the City for the cost of constructing the Master Plan
Facilities. A description of the Master Plan Facilities and a preliminary estimate of their
costs is described in Exhibit No. 2, attached hereto and incorporated herein by this
reference. Final payment to the City shall be based on the City's actual cash expenditures
for the Master Plan Facilities, subject to the provisions of Section 8 below.
3. The City shall provide to District the plans and specifications pertaining to the
Improvements (the "Project Plans") no less than sixty (60) days before the
commencement of construction on the Improvements. District shall have ten (10) days to
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review and provide its written approval or disapproval of such Project Plans. The City's
approval of Project Plans for the Improvements shall not be deemed final and complete
until the District gives its final written approval thereof.
4. In the event the bid prices received by the City produce a total cost of the Master
Plan Facilities greater than twenty percent (20%) above the total preliminary amount
identified in Exhibit No. 2 hereof, the District shall have the right to review and approve
or disapprove the bids for the Master Plan Facilities prior to award of a contract by the
City for construction of the Improvements. The District shall review such bids and notify
the City of its approval or disapproval thereof within ten (10) calendar days after the bids
are provided to the District by the City. Should the District disapprove the bids for the
Master Plan Facilities, the City may proceed with the award of a contract for the
Improvements, but the City shall either (i) delete by change order the construction of the
Master Plan Facilities or (ii) provide funding for any amounts which the District is not
willing to fund above said twenty percent (20%).
5. The District shall have the right to periodically inspect as it deems appropriate
and approve or disapprove the construction of the Master Plan Facilities prior to the
City's final acceptance of the Improvements from the construction contractor. Upon
completion of construction by City of the Master Plan Facilities, and within ten (10)
calendar days after receipt of the notification of completion, District shall inspect the
Master Plan Facilities and (i) accept, in writing, those facilities so constructed which
conform in all material respects to the Project Plans, and (ii) notify the City in writing of
any portion of the Master Plan Facilities which do not conform to the Project Plans, and
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the specific respects in which they do not conform. In the event that any of the Master
Plan Facilities so constructed do not conform in all material respects to the Project Plans,
the City shall cause such nonconformity to be corrected, at no additional cost to the
District, prior to the District's acceptance of those Master Plan Facilities. If the
nonconformity cannot be corrected within a reasonable time, not less than sixty (60)
calendar days, after receipt of such written notice by the District, the District may reject
the nonconforming Master Plan Facilities, or may accept them in writing. If the District
accepts any such nonconforming Master Plan Facilities, the reimbursement required
pursuant to Section 2 hereof shall be adjusted as mutually determined by the District and
the City to reflect the reduced value of the accepted nonconforming Master Plan
Facilities. Those Master Plan Facilities that do not conform to the Project Plans and are
not accepted by the District shall not be subject to any reimbursement.
6. Upon completion and final acceptance of the Improvements by the City and the
District, ownership of the Master Plan Facilities shall be automatically transferred to the
District for perpetual operation and maintenance.
7. Within sixty (60) days after final acceptance of the Improvements by the City and
the District, the City shall provide the District with one twenty-four inch (24") by thirty-
six inch (36") reproducible set of as -built drawings of the Improvements, including a cost
schedule reflecting the final construction cost of the Master Plan Facilities.
8. The District shall make progress payments to the City as billed by the City to
meet City's actual cash expenditures, which shall not exceed ninety -percent (90%) of the
total amount to be reimbursed pursuant to Section 2 herein. Payment shall be made
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within thirty (30) calendar days after the City submits a bill therefor to the District. The
District shall reimburse the City the final ten percent (10%) of the amount to be
reimbursed pursuant to Section 2 within thirty (30) days after the later of either (i) the
receipt by the District of the submittals required pursuant to Section 7, or (ii) receipt of
final billing by the City. In the event that the District does not accept a portion of the
Master Plan Facilities or accepts the Master Plan Facilities at a reduced value, the City
shall return to the District any funds previously paid to the City related to this Agreement
in an amount equal to the greater of either (i) the cost of the rejected portion of the Master
Plan Facilities, or (ii) the amount of the reduced value to the District of Master Plan
Facilities not conforming to the approved plans as determined by the District pursuant to
Section 5 hereof. The return of such funds shall occur within thirty (30) days after
receipt of billing by the District therefor.
9. Indemnity.
(a) City shall indemnify, defend, and hold harmless District and District's
officers, agents, employees, and volunteers from and against any claim, liability, loss, or
damage caused by any willful misconduct or negligent act or omission of the City or
City's officers, agents, employees, volunteers, vendors, or contractors arising out of the
City's rights and obligations pursuant to this Agreement, except to the extent such claim,
liability, loss, or damage is caused in whole or in part by the negligence or willful
misconduct of District.
(b) District shall indemnify, defend, and hold harmless City and City's officers,
agents, employees, and volunteers from and against any claim, liability, loss, or damage
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caused by any willful misconduct or negligent act or omission of the District or District's
officers, agents, employees, and volunteers arising out of the District's rights and
obligations pursuant to this Agreement, except to the extent such claim, liability, loss, or
damage is caused in whole or in part by the negligence or willful misconduct of City.
10. Miscellaneous.
(a) Entire Agreement. This Agreement (including the Exhibits hereto) contains
the entire agreement between District and City in regard to the subject matter hereof, and
no oral statements or prior written documents not specifically incorporated into this
Agreement shall be any force or effect.
(b) Modifications. This Agreement may be modified only by a written document
executed by both parties hereto.
(c) Notice. All notices required or permitted by this Agreement or applicable law
shall be in writing and may be delivered in person (by hand or by courier) or may be sent
by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage
prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served
in a manner specified in this Section 10(c). The addresses noted below shall be that
party's address for delivery or mailing of notices. Either party may by written notice to
the other specify a different address for notice. Any notice sent by registered or
certified mail, return receipt requested, shall be deemed given on the date of delivery
shown on the receipt card, or if no delivery date is shown, two (2) days after the
postmark thereon. If sent by regular mail the notice shall be deemed given forty-eight
(48) hours after the same is addressed as required herein and mailed with postage
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prepaid. Notices delivered by United States Express Mail or overnight courier that
guarantee next day delivery shall be deemed given twenty-four (24) hours after delivery
of the same to the Postal Service or courier. Notices transmitted by facsimile
transmission or similar means shall be deemed delivered upon telephone confirmation
of receipt (confirmation report from fax machine is sufficient), provided a copy is also
delivered via delivery or mail. If notice is received after 4:30 p.m. in the time zone in
which the party is located or on a Saturday, Sunday or legal holiday, it shall be deemed
received on the next business day.
City of Fresno
2600 Fresno Street, Room 4019
Fresno, CA 93721
Attn: Scott Mozier
Fax Number: 559-488-1045
Fresno Metropolitan Flood Control District
5469 East Olive Avenue
Fresno, CA 93727
Fax Number: 559-456-3194
(d) Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable, and
this Agreement shall be construed and enforced as if such illegal, invalid, or
unenforceable provision were not a part hereof, and the remaining provisions hereof shall
remain in full force and effect. In lieu of any such illegal, invalid, or unenforceable
provision herein, there shall be automatically added as a part of this Agreement a
provision as similar in its terms to such illegal, invalid or unenforceable provision as may
be possible and be legal, valid and enforceable.
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(e) Construction. The parties hereto acknowledge that each party has, or has had
the opportunity to have, counsel of its own choosing review and revise this
Agreement, such that the normal rule of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be employed in the interpretation of
this Agreement or any exhibits or amendments hereto.
(f) Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California. Venue for
the 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.
(g) Waiver. No failure or delay by a party to insist on the strict performance of
any provision of this Agreement, or to exercise any right or remedy consequent on a
breach thereof, shall constitute a waiver of any breach or subsequent breach of such
provision. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach
of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
(h) Assi nment. Neither party hereto shall assign this Agreement, or any interest
therein, without the prior written consent of the other. Any such attempted assignment in
violation of this Agreement shall be null and void.
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(i) Binding. Once this Agreement is. signed by all parties, it shall be binding
upon, and shall inure to the benefit of, all parties, and each parties' respective heirs,
successors, assigns, contractors, subcontractors, transferees, agents, servants, employees,
and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed this Y day of '2010.
«City»
CITY OF riff rSbl 0
A Municipal Corporation
By:
/74rZICK
PtIN(- /C 61lVfk:S DAPeCTO&y
Print Name & Title
City's Counsel
By:_
"District"
FRESNO METROPOLITAN FLOOD
CONTROL DISTRICT
By: ,EJD GI.N
4�/
Bob Van Wyk, General Ma ager
ATTEST -
REBECCA E. KLISCH
CITY CLERK
Byw
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Farm approved on 6-30-08 by Baker, Manock & Jensen
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Extents of City of Fresno Cedar Avenue
And North Avenue Intersection Project
Master Plan Facilities To Be Constructed By The City With The
Cedar Avenue And North Avenue Intersection Project
0---• Existing Facilities
Future Facilities
- -- — Drainage Area Boundary
EXHIBIT No. 1
1 " = 300'
AGREEMENT No. 1619(D)-AW1-13
CEDAR AVENUE AND
NORTH AVENUE INTERSECTION
PROJECT
PRELIMINARY COST ESTIMATE FOR
MASTER PLAN FACILITIES ELIGIBLE FOR
REIMBURSEMENT TO CITY BY DISTRICT
DRAINAGE AREA "AW,"
CONTRACT "AWI-13"
Item
Description
Quantities
Unit Prices
Amount
1.
42" RCP Class IV
29 L.F.
$ 130 / LF
$ 3,770
2.
42" RCP Class III
160 L.F.
$ 115 / LF
$18,400
3.
36" RCP Class 1I1
89 L.F.
$ 100/LF
$ 8,900
4.
24" RCP Class III
5 L.F.
$ 85 / LF
$ 425
5.
18" RCP Class III
21 L.F.
$ 65 / LF
$ 1,365
6.
Type "A" Case II Manhole
w/Steps and Eccentric Cone
2 EA.
$ 4,500 / EA
$ 9,000
7.
Type `B" Manhole
I EA.
$ 3,000 / EA
$ 3,000
8.
Type "D" Inlet
1 EA.
$ 3,500 / EA
$ 3,500
9.
Worker Protection
1 L.S.
$ 3,000 / EA
3,000
Subtotal
$51,360
Primary Engineering Inspection Fee
$ 4,080
Total
$55,440
Exhibit No. 2
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