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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. PnmtN bL,s Mie 9//L/o8 • sueuecrro nti 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. dna Dy FWCO CW.Fvi slam Attachment: Agreement IFF q/im/oY 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 YNll ngrtemmuMlfeg'u,yen,l5bltghnml<I u,yo(fimowlilwMinplmnilel:. Nc FIM wren. M6- soon M an.,, M.a a s« 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 2 xWar •s.mma0ooisamw„nsmisl...iamn „funw wm.eF,.amzuuc FIM ex'wm M. 3&08 by Bear. Guava cry. 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, 3 x-All ns�mvwniseiur.,�nsnsoer�lx=�n�rrrm,aaurwaa.aim•awz.twc re�wn�wa «,s ionsar am. Mi 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 4 a.All ry =.AbV tg,o,, 151 uvxmovxtlrMpma,plmNeR WC Fw ov 61 9 b at,,, Nnak Arvmen 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. 5 auqWgew la.Vatna,eeta,.mowuaoewanon ro,m+m,w�a �oaiom ar e.r<r rmwxns. (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 6 xwinr.�eu:aissa�.vmisestsweiw.�n ors�annM�a�.sw.va� Fo ry N m vsan by ll Mawh 4 orsm 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. 3 x.All wgv wisvIoy,vm115drgMo.l ccs"rrma ylr vldMnxjvIMU,c F. ryq,mM m,&MN by HeF, M,wY k 4am (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. 8 K an ns�mm�+nnisssns�asauawot<uvroFft., mist sim.umzmc osc IPKMr M6- 30,08 Yr aero. 6Leek6J=m (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: � By: At " A7l ParmkWici lller, point Works. Director Laurie A Avedisian "District" FRESNO METROPOLITAN FLOOD CONTROL DISTRICr By: odwSl GtN ill Bob Van Wyk, General Manager K All eanmen"!OP.IferapmiU6r1a1mlIIrny=r fame ul If.Wvmg1=m for. Fem III m 6NuM o III Mei¢k& remm LEGEND ui T Tu 15 I CALIFORNIAAVE. Mager PIM FadTo Be CoraWdeE By DWdoper -PgWina ORy s"BMrxn) Npm RaMFa fflee Ta Be CdshipaEByD per M 18- Ie S, o--- Etlopng Mm Pon FeWtiee Furore MaeW Plen Fachee Typa'EInW Inlet Bounnay oielnaoe dream aq 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 $10,100 Exhibit No.2 X .Allqa mmumai5m..y�nJFAunei Min ouwnemu..emmypnamzm' FomnlprmW®b-�MrM WW. so 3k&jmm September 17, 2008 Coundl Adaption: 9/16/08 TO: MAYOR ALAN AUTRY RECEVED Mayor Approval: Mayor Veto: FROM: REBECCA E. KLISC H, CCIv$.$ 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: