HomeMy WebLinkAboutAgreement A-16-650 with County of Madera.pdf2
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2. Upon completion of the Project, each Party’s jurisdictional responsibility over its
respective portions of the Project shall remain unchanged and fully in accordance with that
which existed prior to and during the Project. Both MADERA and FRESNO shall continue
to retain those maintenance responsibilities which existed prior to the Project except to the
extent that the allocation or division of such responsibilities may subsequently be modified
pursuant to any maintenance agreement which may hereafter be amended or entered into
between MADERA and FRESNO.
3. FRESNO shall provide Preliminary Engineering, hereinafter “PE,” which
includes, but is not limited to:
(a) Environmental oversight to ensure the Project complies with the
California Environmental Quality Act and the National Environmental Policy Act. MADERA
will serve as a responsible agency in the CEQA process; and,
(b) Design engineering, which includes but is not limited to the preparation
of plans, specifications, right-of-way delineation, engineer’s estimates and other contract
documents necessary for the award of the construction contract; and,
(c) Permit application and administration, which includes applying for and
obtaining all permits necessary for the construction of the Project; and,
(d) Contract administration to advertise and award the construction contract,
in accordance with all governing federal, state and local laws, and all requirements of
funding agencies, including without limitation any applicable prevailing wage and
competitive bidding requirements.
4. For property within its jurisdiction, FRESNO shall provide right-of-way
acquisition, hereinafter “R/W ,” which includes, but is not limited to:
(a) Performing appraisals, negotiations, and, if so required, other processes
necessary to acquire easements, temporary construction permits, and other property rights
necessary to construct the Project; and,
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(b) Preparing necessary documentation required to finalize and document
the acquisition of easements, temporary construction permits, and other property rights
necessary to construct the Project.
5. MADERA shall acquire easements as listed on Exhibit A and as shown on
Exhibit B, which exhibits are attached hereto and incorporated herein by this reference.
Exhibits A and B may be modified upon the mutual consent of FRESNO’S Director of the
Department of Public Works and Planning or his/her Designee, hereinafter referred to as
“the FRESNO DIRECTOR;” and MADERA’S Director of Public Works or his/her designee,
hereinafter referred to as “the MADERA DIRECTOR.”
(a) MADERA shall perform, in accordance with the Caltrans Right of Way
Manual, appraisals, negotiations, and, if so required, other processes necessary to acquire
the easements and temporary construction permits listed on Exhibit A and shown on
Exhibit B; and
(b) Madera shall prepare necessary documentation required to finalize and
document the acquisition of temporary easements and if any, permanent easements.
6. FRESNO shall reimburse MADERA for costs associated with R/W acquisition.
(a) MADERA’s R/W acquisition costs are currently estimated at Fifty-Four
Thousand Dollars ($54,000).
(b) HBP funding for R/W acquisition of One Hundred Thousand Dollars
($100,000), hereinafter “R/W funding limit” has been obligated by FRESNO.
(c) FRESNO will reimburse 100 percent of MADERA’s R/W acquisition costs
up to the R/W funding limit.
(d) In the event that MADERA’s costs exceed the R/W funding limit,
FRESNO will request that the HBP increase the R/W funding limit.
(e) Upon FRESNO’s obligation of the new R/W funding limit, FRESNO will
reimburse MADERA for costs up to this new limit.
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(f) MADERA shall maintain detailed records of expenses incurred and, once
MADERA has commenced with the right-of-way acquisition process, shall invoice FRESNO
for costs it has incurred.
(g) MADERA shall provide supporting documentation of all costs incurred
with all invoices.
(h) MADERA shall invoice FRESNO at MADERA’S discretion not more
frequently than once per month.
(i) FRESNO shall issue payment to MADERA not more than sixty (60) days
after receipt of an invoice with supporting documentation attached.
7. FRESNO shall, by means of a competitive bidding process conducted in
accordance with applicable laws, regulations, and FRESNO’S standard procedures,
employ a licensed contractor, hereinafter referred to as “the CONSTRUCTION
CONTRACTOR,” to construct the Project.
8. FRESNO shall provide construction engineering, hereinafter “CE,” which shall
include the furnishing of all necessary field engineering, inspection and testing for
performance of the contract construction work, and general administration of the
construction contract. MADERA may, at its option, and sole expense, provide periodic
inspection of work within MADERA’S jurisdiction being performed by COUNTY.
9. The FRESNO DIRECTOR” shall provide to the MADERA DIRECTOR
appropriate plan information concerning that portion of work to be performed that lies within
MADERA’S jurisdiction. The MADERA DIRECTOR’S approval of PROJECT plans, which
approval shall not be unreasonably withheld, shall be affirmed by the affixation of the
MADERA DIRECTOR’S signature upon the final edition thereof. This shall not be
construed as confirming or endorsing the design nor as any warranty of safety or
reliability. MADERA shall not, by reason of such review and signature, be responsible for
details of design, or structural adequacy or safety of FRESNO’S proposed details and
work.
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10. MADERA shall provide, from lands to which MADERA owns fee title or
easements, such temporary construction permits, rights of entry, and any other property
rights as may be required to construct Project.
11. MADERA hereby acknowledges that it has been appraised of its rights under
Federal and State Law to have an appraisal made of such property rights from lands owned
by MADERA as it may provide for the Project and to receive an offer of just compensation
therefor. However, MADERA agrees that the Project is of mutual benefit to MADERA and
FRESNO and that such benefit constitutes valuable and sufficient compensation to
MADERA, and accordingly MADERA does hereby waive any and all rights to such
compensation. MADERA further acknowledges that this Agreement is entered into, and
the waiver provided in this Article 11 is given, freely and voluntarily, and without coercion of
any kind.
12. In the event that permanent easements within the jurisdiction of MADERA are
required for the Project, MADERA shall accept such permanent easements which have
been acquired from private property within the jurisdiction of MADERA for the Project.
13. MADERA shall authorize, execute, approve or adopt, as may be applicable to
the Project and within the jurisdiction of MADERA, agreements, licenses, or permits which
are required to construct the Project and which are a necessary prerequisite thereto;
provided, however, that documentation associated with agreements, licenses, or permits
shall be prepared by FRESNO to the greatest extent practicable.
14. Except as otherwise provided hereinabove, costs incurred by MADERA
associated with the Project shall be borne solely by MADERA and MADERA shall waive
any and all associated fees for plan checks for the Project. The construction contractor
may be required at the discretion of the MADERA DIRECTOR to obtain such permits as
would be typically required of a contractor constructing improvements for MADERA;
provided, however, that MADERA shall issue such permits at no charge to the construction
contractor.
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15. MADERA agrees to indemnify, save, hold harmless, and at FRESNO’S
request, defend FRESNO, 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, of
MADERA, its officers, agents and employees, under this Agreement; provided, that nothing
herein shall constitute a waiver by MADERA of governmental immunity available under or
pursuant to Government Code Section 810 et seq. This section shall survive expiration or
termination of this Agreement.
16. FRESNO agrees to indemnify, save, hold harmless, and at MADERA’S
request, defend MADERA, 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, of
FRESNO, its officers, agents and employees, under this Agreement; provided, that nothing
herein shall constitute a waiver by FRESNO of governmental immunity available under or
pursuant to Government Code Section 810 et seq. This section shall survive expiration or
termination of this Agreement.
17. Without limiting the applicability or scope of the indemnification provisions
contained hereinabove in Articles 15 and 16, it is understood and agreed that FRESNO and
MADERA each 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 its respective liabilities hereunder throughout the term
of this Agreement. Coverage shall be provided for comprehensive general liability,
automobile liability, professional liability, and workers’ compensation.
18. 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.
19. This Agreement shall become effective upon execution by the parties hereto
and shall remain in effect until such time as construction of the Project has been completed
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and accepted by all parties hereto and any associated claims have been settled or
otherwise fully and finally resolved.
20. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
21. Each party acknowledges that it has read and fully understands the content of
this Agreement. This Agreement represents the entire and integrated Agreement between
the parties with respect to the subject matter hereof and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be modified
only by written instrument executed by duly authorized representatives of both MADERA
and FRESNO.
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TCE List for Madera County at Whiskey Creek Tributary BridgeAPN PROPERTY OWNER NAMES APPROX. AREA (SQFT)060‐390‐027‐000CIBULSKIS5940060‐390‐028‐000 GAMMELL BARBARA J1010060‐390‐014‐000 MAMMOTH SLA LLC060‐390‐016‐000 LAPSLEY ROBERT AND BETTYPhase 1 DURATION 5 WORK DAYS5 WORK DAYS 7‐14 WORK DAYS 7‐14 WORK DAYSExhibit REFERENCE STAGING AREA #1 TEMP WORK ZONE STAGING AREA #2 STAGING AREA #2Attachment: Whiskey Creek Tributary Bridge Site Plan‐Staging and Access3000Project: Italian Bar Road over Redinger Lake (BR # 42C0261) Phase 1 - Strengthen Whiskey Creek BridgePhase 2 - Remove temporary items and demobilizePhase 2 DURATION 5 WORK DAYS5 WORK DAYS 7‐14 WORK DAYS 7‐14 WORK DAYSTotal TCE duration is understood to be the total time to accomplish the the project. These areas will be needed from start of project to allow the contractor to mobilize to the site at the lake, and will be needed to demobilize equipment at the end of the project. Tentatively plan on 36 months total duration until a working day schedule is developed.EXHIBIT A
SCHEWE060-390-006-000CIBULSKIS060-390-027-000MAMMOTH SLA LLC060-390-014-000LAPSLEY ROBERT ANDBETTY060-390-016-000GAMMELL BARBARA J060-390-028-000Anticipated Temporary Work ZoneApprox Area = 1,010 sq. ftAnticipated Permanent DisturbanceApprox Area = 420 sq. ftExisting Concrete Block(Discarded) to beremoved, See Note 1100'-0"86'-
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8"29'-058"91'-712"Potential StagingArea #1Approx. 15,500 sq.ft.Area =5,940 sq. ftArea =9,560 sq. ftPotential Staging Area #2(Loading/UnloadingMaterials Only)Approx. 3,000 sq. ftWHISKEY CREEK TRIBUTARY BRIDGESITE PLAN - STAGING AND ACCESSNAR. FergusonAugust 201541C-013806 Mad 225As ShownPREPARED FOR THE ITALIAN BAR BRIDGE REPLACEMENT PROJECT FOR FRESNO COUNTY
PLAN1/2"=1'-0"Potential Temporary Staging AreaPotential Temporary Access AreaAnticipated Temporary Work ZoneAnticipated Permanent DisturbanceProperty LineNOTES1. A discarded foundation rests in the creek bed under the center span of thebridge.Approx dimensions: 3'x3'x18'This concrete block will need to be removed for construction related activities.2. The existing Whiskey Creek Tributary Bridge on County Road 225 is to undergotemporary sthrengthening for carrying heavy truck loads on for the anticipatedbridge replacement over the San Joaquin River (Redinger Lake) bridge locatedfurther along Road 225.It is likely that steel trench plates will be placed over the wearing surface andstitch welded together. These plates would be removed when the likelyhood ofheavy trucks is reduced.It is likely that timber framing with temporary foundations would be placed toimprove the load carrying capabilities for temporary needs. Some of thisframing would likely need to remain in place for improving damaged sections ofthe bridge superstructure.11'-1118"12'-0"Existing Bridge No.41C-0138 to remain. SeeNote 2Whiskey Creek TributaryCo
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Potential Temporary Staging Area within County R/WLEGENDEXHBIT B
EXHIBIT B