HomeMy WebLinkAboutFresno Irrigation District - Joint Project Agreement - 08.24.23JOINT PROJECT AGREEMENT
This Joint Project Agreement is made and entered into August 2_�L , 2023, by and
between the CITY OF FRESNO, a municipal corporation and public entity, (City) and the
FRESNO IRRIGATION DISTRICT, an irrigation district formed and operating pursuant to
Division Eleven (11) of the California Water Code, and a public entity, (District), to define the
responsibilities and obligations of the aforementioned Parties for the placement of an
irrigation pipeline to replace the Fanning Ditch Canal.
RECITALS
WHEREAS, the segment of the Fanning Ditch Canal, specifically between West
California Avenue and South Fruit Avenue (hereinafter the Project Limits) is located within
a parcel owned by the District per Document No. 33906, in Vol. 1872, Pg. 373, recorded
November 15, 1940, Official Records Fresno County (District Property) and adjacent to
Public Street Right -of -Way owned by the City; and
WHEREAS, the City has a funded capital improvement project to construct a Class I
multipurpose trail from West California Avenue to South West Avenue adjacent to or atop
the Fanning Ditch Canal alignment (hereinafter the Trail Project). The portion within the
Project Limits was proposed along the South side of the District Property and would
necessitate the vacation of the City's Public Street Right -of -Way; and
WHEREAS, the City and the District recognize the benefits of a joint -funded project
to underground the existing open canal segment and to relocate the proposed trail to within
the District's Property by way of a Common Use Agreement between the City and District;
and
WHEREAS, the contemplated improvements generally consist of removing the
existing open canal infrastructure and placing a new thirty-six inch (36") rubber gasket
reinforced concrete pipe and the necessary appurtenances within the Project Limits
(hereinafter the Project); and
1
WHEREAS, the City and the District, while maintaining their respective rights and
facilities, recognize it will be to their mutual benefit to complete the Project as a cooperative
endeavor; and
WHEREAS, the Project will be primarily funded through local funding sources; and
WHEREAS, the City and the District will each contribute the resources, financial or
otherwise, necessary to fully fund construction of the Project on a Fifty Percent (50%) City
and Fifty Percent (50%) District basis; and
WHEREAS, the parties intend, by entering into this Agreement, to establish the terms
and conditions of their cooperative approach regarding the completion of this Project.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual acknowledgments, covenants,
and conditions herein contained, it is hereby agreed as follows:
1. The Project shall be performed and administered by the District or its agents
thereof and shall be constructed under a single construction contract and separate from the
City's Trail Project.
2. Upon completion of the Project, each Party's jurisdictional and maintenance
responsibilities shall remain unchanged from those which existed prior to completion of the
Project except as modified by a separate Common Use Agreement entered into between
City and District.
3. At its expense, the City shall, either with City staff or by contracting with a
consultant, provide Project Engineering in accordance with the requirements of the funding
agencies and all federal, state, and local laws, including:
a. Oversight of any consultant(s) employed by the City for the design of
the Project.
b. Preparation and administration of permits necessary for the
construction of the improvements.
2
C. Providing Design Engineering services; including preparation of plans
necessary for the bidding and construction of the Project.
4. The City shall provide plans to District, for District's review and approval, for
the work to be performed with Project.
5. The District shall provide specifications, engineer's estimate, and Construction
Engineering, including general administration of the construction contract, administering
California Environmental Quality Act (CEQA) compliance, and furnishing all necessary field
engineering, inspection, and testing for the performance of the construction work. The City
may, at its option, inspect the construction contractor's work; provided, however, that any
costs incurred by the City for any such inspection will be borne entirely by the City, and those
costs will not be included as part of the Project costs upon which the percentage allocation
of cost -sharing hereunder is determined, nor will such inspection costs be reimbursable
through project funding sources.
6. The District and the City shall each be responsible for the actual construction
costs of the Project on a Fifty Percent (50%) City and Fifty Percent (50%) District cost share
basis and as identified in the Preliminary Engineer's Estimate attached as Exhibit A hereto.
The estimated cost for the District is $225,543.75 and the estimated cost for the City is
$225,543.75.
7. Any addenda or revisions to the Project's approved construction documents
for improvements resulting in an increase in bid item quantity or cost of any bid item by more
than ten percent (10%), shall be approved in writing by the City's Director of Public Works,
or designee, and District's District Engineer, or designee.
8. The City's share of cost as shown in the Preliminary Engineer's Estimate in
Exhibit A shall not be increased by more than ten percent (10%) (except for adjustments
made to account for actual quantities used in the construction of the Project), unless
otherwise approved in writing by the City's Public Works Director, or designee.
9. If the lowest responsible bid for the Project's construction contract does not
exceed the engineer's estimate, including contingency, as shown on the current version of
3
Exhibit A, by more than ten percent (10%), the District shall award construction of the Project
to that bidder. If the lowest responsible bid for the Project's construction contract exceeds
the engineer's estimate, including contingency, as shown on the current version of Exhibit
A, by more than ten percent (10%), then District will not award the construction contract,
unless mutually agreed upon in writing by the City's Director of Public Works and the
District's District Engineer, or designee.
10. If the lowest responsible bidder's proposal is more than ten percent (10%)
above the engineer's estimate, including contingency, and award of the project is mutually
agreed upon in accordance with Sections 9 and 10 of this Agreement, the City's share of
cost will be adjusted to reflect the increased cost. However, the City's share of cost shall not
exceed the share of cost percentage specified in this Agreement unless mutually agreed
upon in writing by the City's and the District's District Engineer, or designee.
11. Within forty-five (45) days after award of the Project's construction contract by
the District, the City shall deposit with the District an amount equal to ninety percent (90%)
of the District's estimated share of cost as shown on Exhibit A of this Agreement.
12. Final project costs and the City's share thereof will not be determined until
construction is completed and the Project is accepted by both the City and the District and
closed out in accordance with each agency's policies.
13. Following final acceptance of the Project by the City and the District, and within
forty-five (45) days of the City's receipt of an invoice from the District requesting the City's
payment of the remaining balance of the City's share of costs as adjusted (if necessary), in
accordance with actual costs and the terms of this Agreement, the City shall deliver payment
in full of such remaining balance to the District.
14. City agrees to indemnify, save, hold harmless, and at District's request, defend
District, its officers, agents, and employees from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, by City, its officers,
agents and employees, under this Agreement; provided, that nothing herein shall constitute
0
a waiver by City of governmental immunity that may be available as a defense to any such
third -party claim(s) under or pursuant to Government Code Section 810 et seq. This section
shall survive expiration or termination of this Agreement.
15. District agrees to indemnify, save, hold harmless, and at City's request, defend
City, its officers, agents, and employees from any and all costs and expenses, damages,
liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who
may be injured or damaged by the performance, or failure to perform, by District, its officers,
agents and employees, under this Agreement; provided, that nothing herein shall constitute
a waiver by District of governmental immunity that may be available as a defense to any
such third -party claim(s) under or pursuant to Government Code Section 810 et seq. This
section shall survive expiration or termination of this Agreement. If District should
subcontract any portion of the work to be performed under this agreement, District shall
require each subcontractor to indemnify, hold harmless and defend the City of Fresno, its
officers, officials, employees, agents and volunteers in accordance with the terms of the
preceding paragraph.
16. Without limiting the applicability or scope of the indemnification provisions
contained in Sections 14 and 15, the District and the City shall maintain, at their sole
expense, insurance policies or self-insurance programs including, but not limited to, an
insurance pooling arrangement and/or Joint Powers Agreement sufficient to fund their
respective liabilities hereunder throughout the term of this Agreement. Coverage shall be
provided for comprehensive general liability, automobile liability, professional liability, and
workers' compensation. If the District should subcontract any portion of the work to be
performed, the District shall require each subcontractor to add the City of Fresno, its officers,
officials, employees, agents and volunteers as an Additional Insured under the General and
Auto Liability policies. The General Liability and Auto Liability policies shall be endorsed so
the coverage is Primary to the City of Fresno's insurance, and will not require contribution.
The Worker's Compensation policy shall contain a Waiver of Subrogation in favor of the City
of Fresno, its officers, officials, employees, agents and volunteers.
5
17. Neither Party shall assign, transfer, or sub -contract this Agreement, nor any of
its respective rights or duties hereunder without the written consent of the other Party.
18. This Agreement shall become effective immediately upon execution and shall
expire on December 31, 2025; provided, however, that its term may be extended by a
maximum of two additional one-year terms, upon mutual written consent of the City's
Director of Public Works and the District's District Engineer. This Agreement may be
executed in one or more counterparts, each of which when executed will be deemed to
constitute one and the same instrument and agreement.
19. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision of this Agreement shall not affect the other provisions.
20. This Agreement may be modified only by written instrument executed by duly
authorized representatives of both the City and the District.
21. Neither Party shall assign, transfer, or subcontract this Agreement, nor any of
its respective rights or duties without the written consent of the other Party.
22. Any notice required or intended to be given to either party under the terms of
this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mail, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the party's address set forth on the
signature page of this Agreement or at such other address as the parties may from time to
time designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
23. Each Party acknowledges that it has read and fully understands the contents
of this Agreement and represents that this constitutes the entire Agreement between the
City and the District with respect to the subject matter contained herein and that this
Agreement supersedes all prior negotiations, representations, or agreements, either written
or oral.
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first herein above written.
CITY OF FRESNO,
A California municipal corporation
By:
Scott Mozier, PE
Director
Public Works Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: Sly Z
e nif r . Quintanilla Date
S nior Deputy City Attorney
FRESNO IRRIGATIO DIS R
By: "- �-04
ame: Rya �ac6g:s;en
Title: President
By: "au oN GL�efL S��k1
ass;:lawi- $Pc"4"
Name: Bill Stretch
Title: Secretary
APPROVED AS TO LEGAL FORM
FRESNO IRRIGATION DISTRICT
BY: - —
Jeffrey G. Boswell, Esq.
Attorney for Fresno Irrigation District
ATTEST:
TODD STERMER, CMC
City Clerk
: BY
W Date
Addresses:
CITY:
City of Fresno
Attention: Scott Mozier
Director, Public Works Department
2600 Fresno Street, Room 4064
Fresno, CA 93721-3623
Phone: (559) 621-8811
FRESNO IRRIGATION DISTRICT:
Fresno Irrigation District
Attention: Ryan Jacobsen
President
2907 S. Maple Avenue
Fresno, CA 93725
Phone: (559) 233-7161
Exhibit A - Preliminary Engineer's Estimate
7
Exhibit "A"
Preliminary Cost Estimate - Fanning No. 76
Item No.
Bid Item
Quntity
Unit
Unit Price
Cost
1
Mob and Demob
1
LS
$10,000.00
$10,000.00
2
Clearing and Grubbing
1
LS
$2,000.00
$2,000.00
3
DCP
1
LS
$5,000.00
$5,000.00
4
Demo
1
LS
$15,000.00
$15,000.00
5
Pipe Installation
950
LF
$250.00
$237,500.00
6
Surge Chamber
2
LS
$25,000.00
$50,000.00
7
Field Bends
3
LS
$5,000.00
$15,000.00
8
MacWrap
120
P
$125.00
$15,000.00
9
Traffic Control
1
LS
$10,000.00
$10,000.00
10
Permitting
1
LS
$5,000.00
$5,000.00
11
Vents
5
LS
$1,500.00
$7,500.00
12
Trace Wire
950
LS
$5.00
$4,750.00
13
F08 Christy Box
2
LS
$250.00
$500.00
14
Compaction Testing
1
LS
$101000.00
$10,000.00
15
Staking
1
LS
$5,000.00
$5,000.00
Subtotal
$392,250.00
15% Contigency
$58,837.50
Total $451.087.50
COF (50%) $225,543.75
*City of Fresno and FID to handle each owns inspection costs
**City of Fresno to handle Design costs and FID to handle Soil Import costs