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HomeMy WebLinkAboutFMFCD - Drainage Area AW - RDA - 2008R[SW v.rc.oan solaln) AGREEMENTNo. 1423(0) -AW, -9 AGREEMENT FOR DESIGN AND CONSTRUCTION OF MASTER PLAN FACILITIES BY REDEVELOPMENT AGENCY OF THE CITY OF FRESNO WHEREAS. the FRESNO METROPOLITAN FLOOD CONTROL DIS f i ("Disvict), has adopted and bears responsibility for implementation of its Storm Drainage and Flood Control Master Plan ("Mester Plan"); and WHLBEAS, dre Redevelopment Agencyofthe City of Fresno, ("Agency'), proposesapmjecl identified as: "Reconstruction of Orange Avenue firm North Averweto Highway 99" (`Pmjecf'y, and WHEREAS, the District desires to have the Agency include within the Project certain Master Plan Facilities To Be Constructed By AGENCY as shown on Exhibit No. I hereto. ("Master Plan Facilities'): and WHEREAS, JAGM Properties, LLC ("JAGM') desires to develop its land pursuant to SPR 2005-539/IPM 2006009 as shown an Exhibit No. 1, ("Entitlement'), attached hereto; and WHEREAS. the Agency is willing to includeconsttuction ofthe Master Plan Facilities as apart of the Project; and WHEREAS, JAGM shall mfmburs t the Agency its actual cast of Her design said construction of the Master Plan Facilities; and n.wk.wn,.w�mu.we,r,,,Aua_ndam.rr,.m M.M. ic.w•1"t.i we „da WHEREAS, the District desires to provide JAGM drainage fee credit actual to its imbursement to the Agency for the Master Plan Facilities, and apply such credit against the drainage fee obligation of the Entitlement; and WHEREAS. upon completion of the Project. the Agency desires to transfer ownership of the Master Plan Facilities to the DisincL I'or perpetual operation and maintenance; and WHEREAS, the District Possesses the legal authority tomccept such Master Plan Facilities road the. operational liability therefore:and WI IE11EAS, the Agenry will incur expenses for nun -Master Plan facilities and certain other drainage related expenses benefiting JAGM. NOW, THEREFORE, it is agreed as Iblmws: I. Ile .Agency shall design and construct the Master Plan Facilities in accordance with plans approved by District, consistent with the District, a Standard Plans and Specifications (-Project plana"). 2. Pursuant to the terms hereof, JAGM shall reimburse the Agency its actual cost for the design and comsuructien of the Master Plan Facilities. The items eligible fmreimbmsememand a preliminary estimate of their tort are identified in Exhibit No.2 honest. Finalpaymentshall be based on the Agenryt actual cash expenditures for the Master Plan Facilities. 3. JAGM has made a non-refundable payment to the Agency in the suer of $120,807.80. Said sum being provided to the Agency for construction of Master Plan facilities, pursuant to Pamgmph No.2 hercol', and nun -Masser Plan facilities. anddmmillage relamdexpevesonbehWf of JAGM. 2 x RrubryAynmenuVAlluP^^IXVIUM�1.wmyullkmrwxrewsnpinq. 11041 4. The Distract shall apply JAGM socianstimemens to the Agency for Mauler Planl'acilities as a credit against Ne drainage fee obligation for the Entitlement. 5, The District shall have the right to periodically inspect and approve or disapprove the construction of the Master Plan Facilities prior to acceptance thereof by Agency man its concoction contractor. Upon completion of construction by Agency of the Master Pian Facilities, and within ren ( I(p calendar days alter receipt of the notification of completion, Distort shall inspect the Master Plan Facilities and (i) accept, in writing, those facilities no constructed which conform in all material rnspce6 to the Pmjeal Plans, and (ii) apply the Agency in writing of any auction of the Master Plan Facilities which dm not conform to the Pmject Plans, and the specific respects in which they do not common. In the event that any of the Mosier Plan Facilities so constructed do not conlbrm in all material respects to the Project Plans. the Agency shall cause such nonennfornip' to be convected, at no additional cost to the District, prior to the Distriefs acceptance of those Master Plan Fanlities. If such nonconformity cannot he canceled within a renoreble lime, 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 Dinner accepts any such nonconforming Masher Plan Faci lilies, the mimbmsement regahed, pursuant to Paragm eh No.2 herrn( shall be adjusted as mutually determined by the District and the Agency to reflect the reducom value of the areepted nonconforming Master Plan Facilities. Those Masmr Plan Facilities that do not conform to the Project Plans and are not accepted. by the Differ shall not be subject to any reimbursement. 3 x �rna.u.nr,e�evme„namiel..� ew�raamw.,© ....mmrI comas 6. Upon completion and Final acceptance of the Master Plan Facilities by the Agency and the District, mvnaship of the Master Plan Facilities shall be automatically transferred to the District for perpetual operation and maintenance. T Within sixty(60)days after final acceptance oflm Master Plan Facilities bythe Disma the Agency shall provide the District with one twenty-four inch (24") by Ihiny-six inch (36") reproducible sat ofas-built drawings and a cost schedule reflecting the final construction car of the Master Plan Facilities. S. All exhibits attached hereto arc haebyincorporated into this Agreement as ifscl firth in full herein. 9. Agency shall indicarmi hold harmless and defend the District and each of i is officers, officials, employees, agents, consultant, independent COMMOUrs and authorized volunteers form any and all loss, liability, fres, penalties, forfeitures, costs and damages (whether in contract, ton or strict liability, including but not limited to personal injury, death and property damage) incurred by the District or any other person, and from any and all claims, demands and actions in law or Nulty (including attorney's fres and litigation expenses), arivng or alleged to have arisen From the negligent or intentional acts, omissions or willful misconduct of the Agency or my of its officers, officiri employees, agents, coruullants, incependent contractors or audambsid vohmleas in the performance of this Agreement. 10. the District shall indemnify, hold harmless and defend the Agency and each of its officers. officials, employees, agents, consultants, independent contractors and authorized volunteen; ban any and all loss, liability, tines, penalties, forfeitures, costs and damages 4 M'arnslops!?n��oa'�Wnynm�+:Netry I-%rnv offimll avrndis,a I njud,e (whether in contract. ton or strict liability, including but not limited to personal injury, death and property damage)" incurred by the Agency. manyumerperson, road fmmany andall claims, demands and actions in law orequity (including almmey's foosard litigation expenses), arising oralleged to have arisen from the negligent ormanational gets, omissions orwillPol misconduct of the District, or my of its officers, officials, employees, agents, consultants, independent contraccors orauthorived volunteers in the performance of this Agreement. pp��{{�� IN WITNESS WHEREOF, the paviesherem have caused Nis Agreemenumbeexevuted this a0lay or 4z— 2008. CITY ATfORNLY, City of Fresno By BAKER, MANOC/IK & JL(Nt SYN/ By: At en for the Fr a MewpohWn Flaod Control District REDEVELOPMENT AGENCY OF THE CHIT-Y1OFI, RFISNO ByWL M�' RZy,eExecuti r ctor "Agency' FRESNO METROPOLITAN FLOOD CONTROL DISTRICT By ao G/ Bob Van Wyk, General Mang r-Secremry "District, JAGM PR ERTIE LLC By: prior name & title JAGM" S K �s...:armoz.I Janne: FWCD/Agency Reimbursement Agreement for Orange Avenue Storm Drain Improvements Apd129.2008 Page 6 ATTEST REBECCA E. UISCH Ex(OfficciiiD Clerk for the Agency BY eputy ( 9/3olpa) AW1' — - —NORTH— — °I '-\/ •_'•rVE. 10 O ----------- — d BAslx fi 9cALe t^• LEGwo • AWf' END � Mader%an FacllNf5 i0 Be CaaEUSI¢J By AGENCY Inkl BcuMary �Pipelina (SzeBMWn�81Neb. o—— Edstllg Master%an FatlllAxs ----- 9rakegeNm Bwmbry ------ Mal Plan FadMea To N CauW By BPR2 5)9 -- green q Grelnage tln4er Beparala Pgnl Bkrm@ainage Eaaemenl LIX bw 1�- Future Mes@r Plan Fatllltles Ir--- Pinata Famines AGREEMENT 3B Edsgng Master Plan Wall 1423G)AWI-9 DAADiAGEAIIEA: "AWl" BR O 1 FRESNO METROPOETTA ELOOO CONTROL DISCT PRELIMINARY COST ESTIMATE FOR MASTER PLAN FACILITIES ELIGIBLE FOR REIMBURSEMENT TO JAGM BY DISTRICT Drmaane Area ^A W,^ Description uontitim Unit Prices Annual 15"RCP. Class 111 88 LF S 65.55 $ 5,768.40 I8" RCP. Class 111 323 LF S 49.00 $ 15.827.00 24" RCP, Class 111 84 LF S 73.00 $ 6,132.00 24` Concrete Pipe 743 LP S 63.50 $47,180.50 'Type "A"Case I MB 3 E 52,617.00 S 7,851.00 Typc"D"Wet&Lateral 4F.A S 3,531.00 S 14,124.00 Worker Protection Lump Sum S 1,372.00 $ 137200 S 98,254.40 Engineering 10%maximum — $_ 9.82540 EARth No.2 ru aw•..a..�m�ns:ap.»srei>„rr ,....,w.,.wno��a� � Senn Total= $108,080.39