HomeMy WebLinkAboutAgreement A-21-455 with Biola Community Sidewalks Project.pdf1
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AGREEMENT
THIS AGREEMENT (“Agreement”) is made this _____ day of __________, 2021
(“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the State
of California, ("County"), and the BIOLA COMMUNITY SERVICES DISTRICT, ("District").
WITNESSETH
WHEREAS, the County has been awarded Active Transportation Program (“ATP”) funding
to administer and implement the Biola Community Sidewalk Project (“Project”) in accordance with
the laws of the State of California; and
WHEREAS, the improvements included in the Project are consistent with the objectives of
the Fresno County General Plan and the Fresno Council of Governments (“FCOG”) Regional
Transportation Plan; and
WHEREAS, The District has agreed to maintain said improvements upon completion of the
Project in perpetuity per signed commitment letter dated September 19, 2020.
NOW THEREFORE, in consideration of their mutual promises as hereinafter set forth, the
District and County agree as follows:
I.PROJECT DESCRIPTION, LOCATION AND BUDGET
A.The Project consists of the widening of the road, construction of curb and
gutter, sidewalk, and curb ramps on the east side of Biola Avenue between Shaw Avenue and F/G
Street Alley, and the north side of C Street between Biola Avenue and the existing Sidewalk at
Biola Community Center (“Project Area”). The Project is located in the unincorporated community
of Biola. The improvements will improve pedestrian safety for the residents of Biola.
B.The Project Site locations are in public rights-of-way.
C.The work to be funded with ATP funds is as follows:
1.Obtain all necessary permits.
2.Administer California Environmental Quality Act (CEQA) and
National Environmental Policy Act as required
3.Perform Right-of-Way Engineering and Right-of-Way acquisition
as/if required
21-0546 Agreement No. 21-455
2nd November
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4. Perform all necessary design engineering including, but not limited
to, surveying, testing, preparation of plans, specifications, and cost estimates, bid documents and
a cost or price analysis, review of bids, and recommendation for award.
5. Prepare and advertise Project bid notices and award construction
contracts including, but not limited to, the printing of bid documents, publishing of notices, and
preparation of bid summary.
6. Perform all construction engineering including, but not limited to,
shop drawing review and approval, contract change order preparation, surveying, staking,
inspection, soil testing, materials testing, preparation of "as-built" drawings, labor compliance, and
contract administration.
7. Construct related eligible improvements.
D. The Project budget as awarded by the ATP is as follows:
PA & ED $15,000
PS&E 230,000
Construction . 1,255,000
Total $1,498,000
II. OBLIGATIONS OF THE COUNTY
A. The County shall serve as the Project’s lead agency, administering and
managing all activities related to environmental, preliminary engineering, right of way, construction
engineering, advertising, and bidding prior to project construction. Any and all project elements
will be determined according to Caltrans 2015 Standard Specifications and the ATP guidelines.
B. The County shall inform the District of the status of the project quarterly. The
County shall give the opportunity to the District to review project plans and specification; however
District’s comments related to the project, other than District utilities relocation, will be considered
informational only and the County shall not be obligated to implement them.
C. The County shall conduct construction management of the Project, as may
be required, in the determination of the County, to ensure that the Project is constructed per plans
and specifications. Upon completion of the Project, but prior to the County’s acceptance of the
Project, the County shall conduct a final inspection of the Project.
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III. OBLIGATIONS OF THE DISTRICT
A. The District is responsible for maintaining the functional condition of the
project improvements
B. District shall take the operation and maintenance liability of the newly
constructed concrete work (i.e. sidewalk, curb, gutter, ADA ramps, etc) in perpetuity.
C. District shall take the operation and maintenance liability of the newly
constructed storm drainage improvements as well as continue the operating the existing storm
drainage system in perpetuity.
D. Existing District utilities (i.e. water, sewer, lighting, etc) are not installed
within a dedicated utility easement. Utilities are under encroachment. Relocations are not
reimbursed by ATP and will not be covered by County funds. The District shall pay for all
utilities relocation in conflict with the Project
E. If District elects to install decorative lighting along Biola Ave, all costs
associated with installation of the lighting, including but not limited to, design, permits,
construction shall be paid with District’s funds. District understands that County will have a
strict deadline for delivery of the project. Any additional improvement(s) that District may desire
to add will need to be constructed prior to the commencement of County’s construction of the
project and will not be able to delay ATP Project.
F. If District elects to install trees and irrigation system along Biola Ave, the
installation of such trees and irrigation shall be paid with District’s funds. District understands
and will not delay County’s construction of the project. District shall take full maintenance
responsibility, including but not limited to irrigation, trimming, repair any damage caused by the
roots (concrete improvements as well as damage to the road).
G. The District shall demonstrate in writing, and to the County’s satisfaction,
that it has the authority, operational ability, and financial resources for maintaining the
improvements constructed with ATP funds under this Agreement prior to award of construction
of the Project.
H. All such maintenance, repair, and/or replacement shall be at the sole cost
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and expense of the District. This commitment shall be recorded and made binding throughout the
life of the project improvements.
I. The District must obtain prior written approval from the County before
making any modification or change in the use of any of the project improvements, in whole or in
part. The modification or adjustment of any utility facilities within the Project Area shall be the
financial liability of the District at no cost to the County.
J. The District acknowledges that the County may periodically inspect the
Project to ensure that the property is being used as described in this Agreement. The District
agrees to provide any necessary information to the County to carry out such inspections.
Furthermore, the District agrees to take corrective action if the County determines that
modifications to the use and location of the Project have resulted in a violation of ATP regulations.
IV. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
A. The County shall, and shall cause its consultants, contractors, and
subcontractors to, comply with all applicable State and Federal laws and regulations governing the
Project.
B. Whenever the County uses the services of a contractor, the County shall
require that the contractor comply with all Federal, State and local laws, ordinances, regulations
and Fresno County Charter provisions applicable in the performance of their work.
V. PAYMENT FOR THE PROJECT
A. Any savings realized in the final cost of the Project, due to Project cost
and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce
the amount of this Project paid for with ATP funds.
B. The County will not be bound by any agreement between the District and its
agents.
VI. INDEMNIFICATION
The District shall indemnify, defend, and save harmless the County, its officers,
agents, and employees from and against any and all damages, claims, and losses whatsoever
(including attorney’s fees and costs) occurring or resulting to persons, firms, or corporations
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furnishing or supplying work, services, materials, or supplies in connection with the performance
of this Agreement, and from any and all damages, claims, and losses (including attorney’s fees
and costs) occurring or resulting to any person, firm, or corporation for damage, injury, or death
arising out of or connected with the District's performance of, or failure to perform, its obligations
under this Agreement. The provisions of this Section VI shall survive the termination of this
Agreement.
VII. BREACH OF AGREEMENT
In the event the District fails to comply with any of the terms of this Agreement, the
County may, at its option, deem the District's failure a material breach of this Agreement, and utilize
any remedies permitted by law, that the County deems appropriate. Should the County deem a
breach of this Agreement material, the County shall immediately be relieved of its obligations to
make further payment as provided herein. Termination of this Agreement due to breach shall not,
in any way whatsoever, limit the rights of the County in seeking any other legal relief in a court of
law or equity, including the recovery of damages. In addition to the Agreement being terminated
by the County in accordance with a material breach of this Agreement by the District, this
Agreement may also be terminated for convenience by the County in accordance with state and
federal law.
VIII. TERMINATION OF AGREEMENT
A. If the District decides to terminate this Agreement, the County, at its solely
discretion may or may not decide to deliver the Project. If County decides to cancel the Project as
a consequence of the termination of this Agreement, then the County will be obliged to promptly
return to Caltrans all ATP funds reimbursed for costs incurred by activities performed by County
staff related to the project improvements and District shall be responsible for any cost associated
to the project returned to Caltrans.
IX. TERMINATION OF PROJECT
A. The County is not obligated to deliver the Project. If County decides to
cancel the Project, then the County will be responsible and obliged to promptly return to Caltrans
all ATP funds reimbursed for costs incurred by activities performed by County staff related to the
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project improvements
X. VENUE; GOVERNING LAW
Venue for any action arising out of or relating to this Agreement shall be only in
Fresno County, California. The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State of
California.
XI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the District and the
County, with respect to the subject matter hereof and supersedes all previous negotiations,
proposals, commitments, writings, advertisements, publications, and understandings of any nature
whatsoever unless expressly included in this Agreement.
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2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
3 on page 1 of this Agreement.
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BIOLA COMMUNITY SERVICES DISTRICT
By:ff?e~ ~
Preside~ c
8
COUNTY OF FRESNO
liL
Steve Brandau, Chairman of the
Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By: d:,~-J ¼
Deputy
ATTACHMENT A