HomeMy WebLinkAboutFMFCD - Drainage Area 00 - 2008REPORT TO THE CITY COUNCIL I AGENDA ITEM NO.
N
September 16, 2008 I t -5v-4 -1( Lk c -
FROM: PATRICK N. WIEMILLER, Director ,lp�l
Public Works Department
BY: EFREN BANUELOS. Assistant Director W
Public Worcs Department, Capital Management Division
SEAN RUSS, Senior Engineering Technician
Public Works Department, Capital Management Division'
SUBJECT: 1) APPROVE A REIMBURSEMENT AGREEMENT WITH THE FRESNO
METROPOLITAN FLOOD CONTROL DISTRICT IN THE AMOUNT OF
$10,100 FOR THE DESIGN AND CONSTRUCTION OF MASTER PLAN
DRAINAGE FACILITIES AT THE INTERSECTION OF CALIFORNIA
AVENUE AND FRUIT AVENUE (COUNCIL DISTRICT 3)
2) AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO
SIGN THE. AGREEMENT ON BEHALF OF THE CITY
KEYRESULTAREA
Attain full air quality compliance by 2013
RECOMMENDATION
1. Approve a reimbursement agreement with Me Fresno Metropolitan Flood Control District in
Me amount of $10,100 for Me design and construction of master plan drainage facilities at
the intersection Of California Avenue and Fruit Avenue.
2. Authorize the Public Works Director or his designee to sign Me agreement on behalf of the
City.
EXECUTIVE SUMMARY
The City of Fresno is In the process of preparing plans and specifications to widen Cali
Avenue from West Avenue to Fruit Avenue from two lanes to four lanes. The Fresno
Metropolitan Flood Control District has requested that the City of Fresno install the needed
master plan drainage facilities as part Of the California Avenue widening project. The Fresno
Metropolitan Flood Control District will reimburse Me City of Fresno $10,100 for the cost of
installing me master plan faclltties.
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Report to the City Coundl
California Avenue FMFCD Agreement
September 16, 2008
Page 2
KEY OBJECTIVE BALANCE
The recommendation emphasizes the City of Fresno's efforts to widen California Avenue
beNreen West Avenue and Frog Avenue to a four lane divided arterial street, thus enhancing the
safety, aesthetics, traffic flow, and the accommodation of new growth In Southwest Fresno
(Council District 3).
BACKGROUND
In 2004 the Housing Authority was awarded a HUD Grant to construct affordable housing in
southwest Fresno. City as a partner to the effort Initiated a pmject to widen California Avenue
from the current Mo lane road to four lane arterial street to conform with the adopted General
Plan. During the Initial planning stage the Fresno Metropolitan Flood Control District requested
staff to include the installation of master plan facilities that are necessary to provide adequate
drainage to California Avenue during a storm event. The Flood Control District has prepared a
reimbursement agreement to compensate the City in full for the items of work requested by the
District. The reimbursement agreement has been reviewed by the City Attorney's office and a
copy is attached to this report.
FISCAL IMPACT
Entenng into this agreement will not adversely impact the City of Fresno. The costs to design
and construct Nese mi will be reimbursed to us by the Fresno Metropolitan Flood Control
District.
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Attachment: Agreement
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DO' ormesrvo AGREEMENT No.
CNVlM rossflaq„ga 1563(G)-00-16
AGREEMENT FOR DESIGN AND CONSTRUCTION
OF MASTER PLAN FACILITIES
TIES AGREEMENT FOR DESIGN AND CONSTRUCTION OF MASTER
PLAN FACILITIES (this "Agreemer i'), is made and endued into thi s day of; ,
2008, by and between FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, a Califorda
Public agency (the "DiseicfI and the CITY OF FRESNO, a municipal corporation (the "City").
RE.0I TA LS
WHEREAS, the District has adopted and is responsible For implementing its South
Drainage and Flood Control Master Plan (the "Master Plan"); and
WHEREAS, the City destrs to construct California Avenue Widening Project (the
"Project") m depicted in Exhibit No. L attached hereto and incorporated herein by this reference,
and
WHEREAS, the District deares to have the City include without the Project the
construction of certain Master Plan Facilities (the "Master Plan Facilities), also as depicted in
Exhibit No. I; and
WHEREAS, the City is willing to include construction of the Master Plan Facilities he a
Part of the Project pursuant to the within Agreement: and
WHEREAS, the Project and the Master Plan Facilitien colleetively shall be referred to
herein as the "Improvements" and
WHEREAS, the District desires to reimburse the City for the cost of designing and
constructing We Master Plan Facilifies; and
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WHEREAS, upon completion of the Improvements, the City desGes to transfer
ownership of the Master Plan Facilities to the District for perpetual operation and mnintenance:
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 about above, which are herein
incorpomtM by JUS reference, and the mutual covenants and undertakings ser forth herein, the
mutual receipt and sufficiency of which is hereby acknowledged, the Drunct and the City agree as
follows:
I. The city shall construct the Improvemenu in accordance with (1) the City's and
the District's respective Standard Plans and Specifications, and (it) plans and
specifications approved by District pursuant to Section 3 below.
2. The District shall reimburse the City for the cost of designing and constructing the
Master Plan Facilities. A description of the Master Plan Facilhies and a prebendary,
estimate of their easesis 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 B
below.
3. The City shall provide to District the plans and specifications pertaining to the
improvements (the "Projcut Plans'] no has than ninety (90) days before the
cormaencement of construction on the Improvements. District shall have ten (10) days. to
review and provide its written approval or disapproval of such Project Plans. The City's
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approval of Project Plana for the Impromvmnents 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 prelimimry, amount
identified in Exhibit No. 2 hereof, the DisVict 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 In (10) calendar days after the Fids
are provided be 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 coder 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 Disvict 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 convector. 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 m writing those facilities so constructed which
conform in all national respects to the Project Pham, and (ii) notify the City in writing of
any portion of the Master Plan Facilities which do not conform to the Project Plains, and
the specific respects in which they do. not conform. In the event that any of die Master
Plan Facilities an constmoted do not conform in all material respects to the Project Plans,
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Me City shall cause such nonconformity to be canceled, at no additional cost to Ne
District, prior to the District's acceptance of those Maser Plan Facilities. If Ne
nonconformity cannot be connected within a reasonable time, not less Nan sixty (60)
calendar days, after receipt of such written notice by the District, the District may reject
Me nonconforming Master Plan Facilities, or may accept them in writing if the District
accepts any such nonconforming Master Plan Facilities, be rcimbursemevt required
pursuant to Paragraph No. 2 hereof shall be adjusted asmutually determined by the
District and the City to reflect the reduced value of the accepted nonconforming Master
Plan Facilities, Those Master Plan Facilities Nat do not conform to the Pmjcct Plans and
are not accepted by Ne District shall not be subject to any reimbursement.
6. Upon completion and final ecceptsnce of the Improvements by the City and Ne
Dion 1, owneribip of the Master Plan Facilities shall be automatically transferred to Ne
District for perpeeal operation and maintenance.
7. Within sixty (60) days after final acceptance of the Improvements by Ne. City and
Ne District, the City shall provide the District "in 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 Ne Master Plan Facilities.
8. The District shall make progress payments to Ne City as billed by the City to
men City's actual cash expenditures. which shall not exceed ninety -percent (90%) of the
local amount to be reimbursed pursuant in Section 2 herein. Payment shall be made
within thirty (30) calendar days after Ne City submits a bill therefor to the District. The
District shall reimburse Ne City Ne broad ter percent (100%) of Ne amount to be
reimbursed pursuant to Section 2 within thirty (30) days after the later of either (i) Ne
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receipt by the District of the submittals required pursuant to Section 7, or (it) receipt of
feral billing by the City. In the event that the District does not accept a pardon of the
Mntev Plan Facilities or accepts the Master Plan Facilities at a reduced value, me City
shall mum to the District any Inds previously paid to die City related to this Agreement
in an amount equal to the greater of either M the cost of the rejected portion of the Master
Plan Facrides, or (u) the amount of the reduced value to the District of Master Plan
Facilities not conforming to the approved planes determined by the District pursuant to
Section 5 hereof no retain of such fords shall occur within thirty (30) days afar
receipt of billing by the District therefor.
9. Indemnity.
(a) City shall indemnify, defend, and hold harmless District and District's
officers, agents, employing, and "Incomes from and against any claim, liability, loss, or
damage caused by any willPol misconduct or negligent act or omission of the City or
City's plHcers, amts, employees, intntems, vendors. or contractors arising out of the
City's rights and obligations pursuant to this Agreement, except to the "tent such claim.
liability, loss, or damage is caused m whole or In pan 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, a
damage 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 flea Agreement, except to the extent such claim, liability, loss,
or damage is caused in whole or in pan by the negligence or willful misconduct of City.
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(c) This amount shall survive termination or expiration of this Agreement.
10. Miscellaneous.
(a) Entire Aereement. This Agreement (including the Pertain; herein)
contains the entire agreement between District and City in regard to the subject menet
hereof, and no oral statements or prior written documents not specifically intcorporzted
into Ws 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 ounces required or permitted by this Agreement or applicable
law shall be in wrifing and may be deUvmd in person (by hand ar by courier) or maybe
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 roamer specified in this Paragraph 10(c), The addresses noted below shall
be that part}+s address for delivery or mailing of notices. Either pang may by written
notice to the other specify a diDbrrnt address for notice, Any notice seat by registered
or certified mail, return receipt requested, shell 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
prepaid. Notices delivered by United States Express been 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 transmined by facsimile
transmission or similar means shall be dcemd delivered upon telephone eonfrmation of
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receipt (confirmation report firman 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 fine zone in
which the party is Insured or on a Saturday, Sunday or legal holiday, it shall he deemed
received on the next business day.
Ciro of Fresno
2600 Fresno Street
Fresno, CA 93721
Ann: Panick Wiemiller
Fax Number: 457-1279
plains Metropolitan Flood Control District
5469 Fast Olive Avenue
Fresma, CA 93727
Fax Numbm: 559456-3194
(d) Severebi tv. 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 constmed and enforced as if such illegal, invalid,
or uncia ceable provision were not a part hereof, and the. remaining provisions hereof
shall remain in full fame and effect. In lieu of any such illegal, invalid, m uneo ranceable
provision herein, dim shall be automatically added as a pan of this Agreement a
provision as similar in its terms to such illegal, invalid or unenforceable provision as may
be possible and he legal, valid and enforceable.
(e) Cenanuellan. The parties hereto acknowledge that each pany has, or has
had the opponwity to have, counsel of its awn choosing review and mise 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 murrpretadon of this
Agreement or any exhibit or amendments berets.
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(f) Governing Lew and Venue. 'Itis Agreement shall be governed by, and
committed and enfoteed in accordance with, the laws of the Sine of California. Venue for
the purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and my rights and duties hereunder shell be Fresno County, California
(g) W iivver. No failure or delay by a party to insist on the strict performance
of my prevision of this Agreement, or to exercise any right or remedy consequent on a
breach thereof, shall constitute a waiver of my 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 add signed by all parties to this Agreement.
Waiver of my one provision herein shall not be deemed to bs a waiver of my other
provision herein.
(h) Associates Neither party hereto shall assign this Agreement, or my
interest therein, without the Prior written consent of the other. Any such attempted
assignment in violation of this Agreement shall be mll and void.
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(i) Brififi . Once this Agreement is signed by all parties, it shall be binding
upon, and shall inure to the benefit of, all parries, and each panics' respective heirs,
successors, assigvs, contractors, subcontractors, transferees, agents, servants, employees,
and representatives.
IN WITNESS WHEREOF, the parties. hereto have caused this Agreement to be
executed this day ofus.%rr 2008.
.City.
CITY OF FRESNO City's counsel
By:
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By:
At
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ParmkWici lller, point Works. Director
Laurie A
Avedisian
"District"
FRESNO METROPOLITAN FLOOD
CONTROL DISTRICr
By: odwSl GtN ill
Bob Van Wyk, General Manager
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LEGEND
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Agreement No. 1563(G)-00-14
CALEFORNIA AVENUE
WIDENING
LexiBlr xo r OeAm"m''^ :roo�
FRESNO METROPOLITAN FLOOD CONTROL DISTRICT
PRELIMINARY COST ESTIMATE FOR
DISTRICT IMPROV EFIENTS ELIGIBLE FOR
REIMBURSEMENT TO CITY BY DISTRICT
Droll Area "00"
Description Ouaptiry Unit Price Amount
24"RCP Class IV 101 LF 5100 $10,100
Exhibit No.2
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September 17, 2008 Coundl Adaption: 9/16/08
TO: MAYOR ALAN AUTRY RECEVED Mayor Approval:
Mayor Veto:
FROM: REBECCA E. KLISC H, CCIv$.$ BSEP 19 PM Ir 28 override Request.
City Clark CITY CLERK, FRESNO C+
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 9/16/08, Council took legislative action entitled Appv Reim.
Agnnnt wlFMFCD, $10,100 for design and conatruction of masher plan drainage
facilities, California/ Fruit Ave, Mem No. IF, by the following vote.
Ayes Calhoun, Caprioglic, Cages, Duncan, Peres, Sterling, Xiong
Noes None
Absent None
Abstain - None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before September 29, 2008. In computing the ten day period required bS Charter, the first
day has been excluded and the tenth day has been included unless the 10 day is a
Saturday, Sunday, or holiday, in which case it has also been excluded Failureto file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you
APPROVED
VETOED for the following reasons: (Wriften objections are required by Charter, attach
additional sheets if necessary)
Alan Autry, Mayor
COUNCIL OVERRIDE
Ayes
Noes
Absent
Abstain
Date: 9 b1 glo p
Date: