The URL can be used to link to this page

Home My WebLink AboutFMFCD - Drainage Area W - 2008REPORT TO THE CITY COUNCIL September 5, 2088 FROM: PATRICK WIEMILLER, DiNI /L4) PublicW Deparhnant BY: EFREN BANUELOS, Assistant D ioci PI Warks Deparhnent AGENDA fTEM NO. �L. COUNCIL MEE/�T'I�N�G 09/tHgB ( is(�4. yEpudLL' -- pfPemu�fi� r a cm wwsas Pis?nbW m Le Comm Da, 1 SUBJECT: APPROVE AN AGREEMENT WITH FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FOR REIMBURSEMENT AND CONSTRUCTION OF A MASTER PLANNED STORM DRAIN FACILITY ON CLOVIS AVENUE (COUNCIL DISTRICT NOS. d AND 5) (DEPARTMENT OF PUBLIC WORKS) KEY RESULT AREA Finandal MansgemenUCustomer StitecBaNEmpbyce SatisfaWon, KRA Coim 0101001000 1. Approve an Agreement "M Fresno Melropoldan Flood Camrol Olshid for commie ren of mater Plarm d storm train facilities and rermbunsemem Of such fa slitias', ark 2. Autonze to PrOOc Works Director m his designee t sign to Agreement on behalf of to Chy. EXECUTIVE SUMMARY The City Of Fresno (City) has been approamet by Ne Fresno MabopoXbn Flood Conhol Distd (FMFCD) M install a mater plamW storm drain saner (Fadlity) as pet dta Clovis Avenue mnshudbn project. Forte Cry W Cmshud pre FBI on hehaM d FMFCD, to Cry heels b haus a reimbesamem agreement in place to 0I City a mst The nonnWrseme t agreement beMeen the Cry art FMFCD is in the are urrl of Ba .I This will reimburse bre City but admrtstrauve and aduel mnslmmm mats. $IBR remmmmtls del Coundl approve a mimbumemed agreement and au hone to PLOuc Works Diredar or his desgnee M sign to Agreement on behalf of to City. Furdirg for tis project was indudet in to FYOB budget. A gram tmugh Oro Federal Regional Surew Thinapartabon Program (RSTP) is pmvd W BB.50%of to funding forte road widening pmleci KEY OB.IECTIVE BALANCE Awam d to mnshudlon moored best balanues to Key Objectives d Customer Sansfamm, Finanrdal Management and Employee Sad fiI The pro)ed will conhibub to witsmar satisfaction by impmvirg Medway surface dairege Wring storm evens and ertanmd safety assodamtl wit bre road vatting pruied. Finandal Management OtOdMas are achieimd by MimWrsement b to City for mnshudetl maser gamed MOM IzrilMes. Employee Sedtedim will ba denvet fewer mmpsawas regamirg sammre mnahucison periods for rood wdening and storm drain mnswman. SUBJECT TO MAYORBVETO REPORT TO THE CITY COUNCIL FMFCD AGREEMENT-CLOMS- WNGS CANYON TO MCKINIF' September 5, 2008 Pepe 2 The project IS located within Me boundaries a Cry Council Dialects 4 and 5. BACKGROUND The orginal scope Of the project is M widen Clovis Avenue from bur fo a sixJam divided street men median (Stand modification, concrete and asphalt improvements, traffic signal improremeMs, and widen Me Mill Ditch Canal bridge located! Just scull of McKinley Avenue. During the bidding dress of this pmjed the City of Fresno was approached by FMFCD to Possibly mnsMrcl Meir master planter Stem dmimW fndiy as a Pad of oar project The star Malo beciliy was not included In our original construction plans for Clovis Avenue ordering protect bemuse it was net i0entified by FMFCD for construction FMFCD talo that R the Cry installed Me aTmm drain as part d mr project, it world alleviate possible O own problems m Belmont antl CWvrs Avenue. Also bemuse pad dour p ag was FCD K scheduler to contlua mmord ton achvities ro ect s Iwe centrum the storm id on behalof FMFCD k would lesson rid d Mc CD Nmrough it poject site. In corer not it relay bid Openthg and the mend atipn schedule, sand antl FMFCD agreed pr it wma be xecutetfor s e City fo ost was Me strum main and a reimbursement agreement wvuM be a" 20 and exemletl baser m anchor cost The Clovis Avenue imars The ntmbursrummencarin March 3006 andre Facility wascanshu MFas we of Mafretorders of work. The Me contractor agreement ores recently agreed and executer by FMFCD arlm actual cost was provi0etl by Me mnhaapr. Me mimbureemert Streamed(attadled) has been approved as to form by Me City Abomeys Offices and signed by FMFCD. The NoMmmt reimburses Me City in Me amount of W,41M W tor Me actual chat of are =adliy including projed atlministradon. the Facility is to be bowler and oparale l by FMFCD upon comdetim a Me work and axemgm of Me sgmament =1SCA1- IMPACT OF RECOMMENDATION -unding forthis pro C was inOudar kl Me FY06 budget A grant Mrough Me Federal Regional Surfam rmnspadation Pmgmm (RSTP) pmvded 80.53%Of ti fording for Me pmjend. There will be no impact to he General Fund. Exhibit W-Irgeregenry Agreement AGREEMEM No. MXG4W4< AGREEMENT FOR DESIGN AND CONSTRUCTION OF MASTER PLAN FACILITIES BY CITY OF FRESNO WHEREAS, the FRESNO NTEMOPOLITAN FLOOD CONTROL DISTRICT, (the "District'), has annual and b®s responsibility, for implemention of its Storm Damage and Flood Control Master Pim (the "Muter Plan"); aad WHEREAS, the City of Fresno, (thc "City"1, proposes to widen somibwvd Clovis Avenue south of Olive Avenue (the "Project"); and, WHEREAS, the District desires tv have the City include withia the Pmjat the consolation of cMam Master Plan Facilities as shown on Exhibit No. I hello (the "Mager Plan Fecilitia");and �, the City has included con structioo of the Muter Plm FecJi4w u e pan Of the Pr jeer puuuaat W the within Agreement; and WHEREAS, the District demes to mi mbutse the City lot potation of be City'a cost in construct the Muter Plan Facilities; and, WHEREAS, upon completion ofthe Pmjat. the City desires to nual owwship of We Meaw Plan Facilities to the District for pemenl operation not maintenance; and, WHEREAS, the District possesses the legal auWosity to accept such Muter Plan Facilities and operedoml liability therefor. NOW, THEREFORE, it is agreoi u follows: I a`b*dWe�nm®WmTVam�a�NaW iY(mwnnnvak�OnA.l nnti�alsm) ower. 6v How, MueY a 3. I. The Cirycorutruct We Master Plan Facilities in accordance with (i) We City's end We Disunct's respective Standard Plans and Specifications; (it) We District's Massa Plan for its Droivga Area ^W'; (w) plans and specificafions approved by Disnia. 2. Pursuant to be throes hereof, We District shall reimburse the City that portion ofNe coat of the Master Plan Facilities aluivalcot to the cost for the construction of be Mata Plan Facilities w the total amount of W,494. Said Nuivalas asst are come detailed and identified in Exhibit No. 2 hereto. J. The District shell have the tight to pereodicdly aslant ad sppmve mdisappfove the conattuction of the Mansur Plan Facilities Prim to accepmvice Wereof by City from its construction contractor. Upon completion of construction by City of the Matin Plan Facilities, and within ten (10) caimdn. days aflerreceipt of We nodfiadon ofcomplm, District shell iasp¢t We Master Plan Facilities and (i) accept, in wtiting, show facilities an constructed which conform u all mesaW respects m the project Plans, and (ii) msify, the City in writing of my portion of the Mater Plan Facilities which do not conform on We PreJWt Phase, and the Specific respects W which they de not conform In We event that any Of be Master Plan Facilities so romwctd do not conform w all material connects to We Project Plans, We City shall cause each nonconformity to he crowed, a no additional cost W the District. Pnor m the District's wcepuuce of Wore Messer Plan Facilities. If the noncovformi ycomm he corrected within a rmscnable time, not less dons Bury (W)almdar days, alter fineipt of such wnnen notice by We District, We District may reject We nnnoorlorming Maser Plan Facilities, or may accept W®wwons", IfWe District accepts any such noncoofonning Masco Pian Faoilides, We reimbunemat retained pursuant W res+ewwww�asrvaYW..+ya..mnw.Wie.kuy�gi niemya�amt .sm�,a n➢%se.aapaarr. Pamgmph No. t hereof mall be adjusted" mutually detarmind by the District and the City to reflect the rWuced value of the account nonconfmmng Master Pian F"ilitis. Those MasterPlan Facilities that do not conmrm to the Project Plans and am not accepted by the Distritt shall not be subject to any reimbmumrnt. d. Upon completion mrd final acceptance of the Mester Pin Facilities by the City and the District, ownership of the Muster Plan Facilities shall be automatically transferred re the District For Perpetual operation end maimemnce. 5. The District shall pay use City the amount identified in PameraphNo. 2 hereof within sixty (60) days of receipt of invoice toreafm following ace omce of the Master Plan Facilities by the District. 6. All exhibits attached hereto are hereby hworyomted mo this Agreement as if set forth in fldl ncom. ]. The City shau indemnify and defend the District add hold it. its Beard of Connotes, Officers, employees, agents, and authormd volume" fate and hamlesr from and agaiwt any and all claims. Lawsuits, juditneents, casts, expenses; end enomrys' fees easing time injury to persons, damage b pmpemy, xonomic lass, taking ofp Wray or other damages to the extent arising fiom any canal Of allotted negligent or intentional em or omission or willful misconduct by the City or my of as offs", officide, employees, agora, consultants, authorized volunteers or independent contractors in connection with or many way attributable to the imrfsrmaace of this Agement as to any event or choumstence relating to the Mester Plan Facilities=urring oar to the District's acceptance thereof 3 tb+el,.p��p®mW[pupmusnryyWyy 5 vlW wd,iawj I i t.W GI ed51 g dbr M14v.luuiwkY lee® 8. The Disnim shall wdmmify and defmd the City aM hold it, its of tams, official, employees, agents, aM authorized volmtcer five ata1 bmmlms fiom end agehut any and au claims. tawsuim, judgmmm, wsm. 0s iiios and utmmey% fm eriswg fiom injury to pmovs, damage to pmpetty, economic loss, takmp of property, or othcr ditnagm w Ro extent arising fiom we acral at allegM negligmt or intmtiotul w to. omission or avlllful misconduct by the Disbict or my of its Board of Dbecmr, offs a employ . ageore, consultants, auilbomed volunteer or indcpmdmt cono im to my way attributable m the perf)moc of this Agmaomt as to my evmt m cirmmstanm relating to the M Plan Facilities omunwg of it the District's ac«punce Mcrmf. rN WITNESS WFIEREOF, We parsim harem have causM this Agrennmt to be cxecumd this Y!z" y of` 4<i.T , 2008. CRY OF FRESNO a Calif is municipal corporation FRESNO]VBDROPOLFTANFLOQD CONTROL DISTRICT' BY , BY Elm Banueloe, Assistant mcnor Departrneut of Public Wotks BobVm Wyk,Omeml Mmug¢.S=Gway `District' ATTEST: REBECCA E. KWSCH City Clerk Deputy APPROVED AS TO FORM: JAMES C. SANCHEZ City Anomey , By: laude AVMisian J Dem Deputy "City" •Ww4twrnrceo'Sme'ynnillNW.]4fimusbvawtltp�pq.l.nrtwafliBaa ,wwm fiBm. wrvYfllvvm ir k k i R E. BELMONT AVE. x �i U LEGEND ~� MCSa'R+n FxfMb Te6e WriMtlaA pYMe GlYa Frwe scU 1^ -SU• PyMFe l9'¢e 51am 6MN I OA��alirtmFlW FeI bneml) m___�_ Nmiree� Ran FaJL4eio Be CarehutlM bA tlg DtialF�q RpeMa (Slte Shxn)81N¢1 o-- — EtleSg Mav RanF#ike —-- FUWn NmMP6n Fw9tlu AGREEMENT -- oA.monam,�n.Aa I577(G}W-24 ___ miaFwmny CONTRACT W-24 mwff No. i oawece .(eu: wry FRESNO ME=OPOLI AN FLOOD CONTROL DISTRICT FINAL COST ESTUfATE FOR MASTER PLAN FAM TTES ELIG®LE FOR REIMBURSEMENT TO CITY BY DISTRICT Prainw Area -W^ Dererfptlov ueatifiesIS nk Prim Amowt Worker Protection Lump Sum $ 2,403 S 2,403 Traffic Control Lump Sum $ 6,886 $ 6,886 24" RCP Clews 111 132 LF S 123 $16,236 WRCP Class 56 LF S 225 S12,600 Type "A"Case I Ole ILF 52,600 82,60] Type "A" Cue IT Manhole 1 LF S 2,607 8 2,607 Type "D"inlet IEA S 3.275 $ 3.275 Permment Trench Reaurf c ng 180 LF S 60 510,800 Mobilimtion Lump Sm S 2,M S 2,000 Miscallavmua Lump Sum $ TOO S 1 ¢QQ Sub Total $0,414 P jm Administration $ Tout T6o,4S4 Exhibit No.2 kVn'Wlep.�wa� Mer^n�15ll1e4W=Vfiw�vinvuwJsprypol. 1.1(mv 4181 ) p gaue,l ,.kale attoFFRFSro Cay ceps orcin aame0 Ic, 4y log AGREEMENTNo. IMXG1-W-24 AGREEMENT FOR DESIGN AND CONSTRUCTION OF MASTER PLAN FACILPRES BY CITY OF FRESNO W REREAS, to FRESNO METROPOLITAN FLOOD CONTROL DISTRICT, (the "District"), has adopted and bears responsibility for implementation ofits Sto m Drainage and Flood Control Master Plan (the "Master Plan'); and. WHEREAS. the City ofFresnc (the "City"), proposes to widen somhbound Clovis Avenue south of Olive Avenue (the "Project"); and, WHEREAS, the District desires to have the City include within the Pmjmt, the construction of certain Master Plan Facilities as shown on Exhibit No. 1 hereto (the "Master Plan Facilities"); and WHEREAS, the City has included wnsvuc[ionofNe MasterPlan Facilitiesas apart ofthe Project pursuant to the within Agreement and WHEREAS, the District desires to reimburse the City thatportion ofthe City's cost to construct the Master Plan Facilities; and, WHEREAS, upon completion ofthr Project, the City desvgmtmtisf ownership of the Master Plan Facilities to the District for perpetual operation and maintenance; and, WHEREAS, the District possesses the legal suNonty to accept such Master Plan Facilities and operational liability therefor. NOW, THEREFORE, it is agreed as follows: kWA�yrtemmWWeupwi5l]lRF'�34lmnoelav��viesWryryry.I.11rtrJd<�ILCeI wpuel �ry %Deet, MewJ,klw�.v I The City construct the Master Plan Facilities in accordance with (i) the City's and the Districl'srespective Standard Plains and Specifications; (it) the District's MasterPlan for its Drainage Mea `W"; (iii) plans and specification approved by District. 2. Pursumto the terms hmwC the District shall reimburse the City that portion of the cost of the Master Plan Facilities ecuivalenl to the cost for the construction of the Master Plan Facilities in the total amount of $60.494, Said intended tended cost are more detailed and identified in Fxhibit No. 2 hereto. 3. The Districlshall have theright to periodically insponandapproveordisapprove fie construction of the Master Plan Facilities prior to acceptance thereof by City from its concoction contractor. Upon completion of construction by City of the Master Plan Facilities, and within ten (10) calendar days after receipt office notification of completion, District shall inspect the Master Plan Facilities and (i) accept, in writing, those facilities so conawcred which conform in all material respects to the Project Plans, and (ii) notify the City in writing of my portion of the Murder Plan Pacilkies which do not conform to the Project Plans, and 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 matenal respects to the Project Plans, the Cityshall cause such nonconformity to be corrected, who additional cost to the District, prior to the District's acceptance of those Master Plan Facilities. If the nonconformity conmlbecorreaed within a honorable time, not less Nan sixty(60) calendar days, after receipt of such written notice by the District. the Dinner may jest the nonconforming Master Plan Facilifes,ormay accept them in writing. UNe Districtaccepts any such nonconforming Master Plan Facilities, the reimbursement rryuired pursuant to 2 vdnowr�•mom=•�=�'wee�nveyr.,agn«.a mm.td.yoow.rn,.,.,sa-Isust .w,o.m ar am, at kaa. Paragraph No. 2hereofshall he adjusted as mumally determined by the Diamdan i We City M reflect the reduced value of the accepted nonconforming Master Plan Facilities. These Master Plan Facilities that do not conform to the Project Plans and are not accepted by the District shall not be subject o any reimbursement 4. Upon completion and final acceptance of the Mosier Plan Facilities by the City and the Marmot. ownership of the Master Plan Faci lines shall be automatically transferred to the District for perpetual operation and maintenance. 5. The District shall pay the City the amount identified in Paragraph No. 2 hefeafwithin sixty (60) days of receipt of invoice therefor following acceptance of the Master Plan Facilities by the District. 6. All exhibits attached hereto are hereby incorporated into this Agreement as if set forth in bill herein. 0. The City shall indemnify and defend the Distinct and hold it, as Board of Directors, officers, employees, agents, and unburned volunteers free and harmless from and against eery and all claims, lawsuits, judgments, costs, expenses and attorneys' fees ansing from injury to permits, damage to property, economic loss, taking of property or other damages to me extent arising from any actual or alleged negligrnt or intentional am or omission in willful misconduct by the City or my of its officers, officials, employees, agents, consultants, authorized volunteers orindapendent contractors in connection with or in any way attributable to the performance of this Agreement as to any event or circumstance mining to the Master Plan Facilities occurring priorm the District's acceptance thereof. 3 4lMNmv eemmmu3M1leugmml5]llekw-aaem�o.Nov1..ITSaypol. I. llmr1M`I bx ) epry ySo. ..W kalm.. 8. The District shall indemnify and defrnd the City and hold it its officers, officials, employees, agenda, and authorized volunteers f ceand harmless from and agamulanyandall claims, lawsuits, judgmmts, costs, exprnses and anomeys fres anaing Rom injury to persons, damage to property, economic loss, laking of property, or other damages to the extent arising Rom the actual or alleged negligent or immirtimml act or omission or wif fa] misconduct by the District or any of its Board of Directors, officers, employees, agrnts, consultants, authorized volunteers or ivdeprndrn[ contractors in any way attributable to the performance of this Agreement as many event or circumstance relating to the Master Plan Facilities occurring after the Dinner's acceptanre thereof. M WITNESS WHEREOF, the parties herclo have caused this Agreement to be executed this day oftr�,2008 CITY OF FRESNO FRESNO METROPOLITAN FLOOD a California reopen Icmpombon CONTROL DISTRICT BY: BY E Banut of Assistant Director Bob er Ven Wyk, GenelMariegerSecretary De rntoFPublic Works "Disrtin" ATTEST: REBECCA E. Kil Ci Clerk u By ✓tO.i vwb/.Tl[LPi� Deputy APPROVED AS TO FORM JAMES C. SANCFLBZ City Attn y BY: Laurie Avediaian, Daze Deputy "City, a a.r<,.w,.�.a.,.,.e, I FI I ry E. BEIMONT AVE. yf m W.a o— — 4 --4 t N I O U LEGEND Mefb Flan Faudinas To Be CmuWpN by W C4 N Fresq Pi9elirs(Sxe Brayer) a Infer(ElglSk for Immediate Ptambumment) y_____ Non roaster Plan Faclitlas To Be ConslmeW by the City of Fresno Plpafne(Size Sharon) A net :}-- ExiOnA Meaner Flan FxIihas — — Fmure Maser Plan FadNiss Gbenon rnoralneye - - INN Boundary AGREEMENT 1533(G) -W-24 CONTRACT W-24 DRAINAGE AREA: "W' ECNIert No. t Te FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FINAL COST ESTIMATE FOR MASTER PLAN FACILITIES ELIGIBLE FOR REIMBURSEMENT TO CITY BY DISTRICT Dralnaze Area "W^ Description Oulatillee Unit Prices Amount Worker protection Lump Sum $ 2.403 $ 2,403 Traffic Control Lump Sum $ 6,886 S 6,886 24" RCP Class 111 132 LF S 123 $16,236 36" RCP Class III 56 LF S 225 $12.600. Type ^A" Case I Muncie 1 LF $ 2.607 $ 2,607 Type 'A" Case II MaMule I LF $ 2,07 $ 2,607 Type"D" Inlet 1 EA $ 3,275 $ 3,275 Pevnanenl Trench Resurfacing 180 LF $ 60 $16,80 Mobilization Lump Sum S 2,000 S 2,000 Miscellaneous Lump Sum S 1.000 5 Lo Sub Total $60,414 Project Administration $ 80 Total $60,494 Exhibit No.2 m..a�. m,.•zras.s,,,,osn,lel..vys.�..s....,anesw, I It,,, 4.18nm law abrae... M. , arm,a September 17, 2008 RECEIVED COpMll Adopnpa: Colerae Mayor Approval: TO: MAYOR ALAN AUTRY Q,, SEP 19 PM 1: 28 Mayor veru: Ov¢rtl0e RWpe t: FROM: REBECCA E. KLISCH, CITY CLERK, FRESNO CP City Clerk SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the Council meeting of 9116108, Council took legislative action entitled Appv Signal w/ Fill relmbumemant/const of master planned storm dmin facility on Clovis Ave, Item No. 1L. by the following vote: Ayes Calhoun, Caprioglio, 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 bX Charter, the first day has been excluded and the tenth day has been included unless the 10i day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to 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: additional sheets if necessary.) Alan Autry, Mayor COUNCIL OVERRIDE ON: Ayes Noes Absent Abstain (Written objections are required by Charter; attach Date: V, S/0 g Date: