HomeMy WebLinkAboutAgreement A-18-167 with City of Fresno.pdf1
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AGREEMENT
This Agreement is made and entered into this ____ day of April, 2018, by and between
the City of Fresno, a municipal corporation, (City) and the County of Fresno, a political
subdivision of the State of California (County), to define the responsibilities and obligations
of the aforementioned Parties for the placement of asphalt concrete overlay and the
performance of other improvements along Orange Avenue.
RECITALS:
WHEREAS, segments of Orange Avenue, specifically between California and Jensen
Avenues (hereinafter the Project Limits) are located across City/County jurisdictional
boundaries as shown on Exhibit A hereto, with fifty-one percent (51%) within the jurisdiction
of County and forty-nine percent (49%) within the jurisdiction of City; and
WHEREAS, the contemplated improvements generally consist of milling the road
surface, placing a hot mix asphalt overlay, and constructing Americans with Disabilities Act
(ADA) compliant curb ramps within the Project Limits (hereinafter the Project); and,
WHEREAS, City and County, while maintaining their respective jurisdictions,
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 federal and local funding
sources; and
WHEREAS, City and County will each contribute the resources, financial or otherwise,
necessary to fully fund the Project; and
WHEREAS, preliminary engineering (PE), construction engineering (CE), and
construction (CON), are necessary to complete the Project; and
WHEREAS, the parties intend, by entering into this Agreement, to establish the terms
and conditions of their cooperative approach regarding completion of this Project.
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 City or its agents thereof
3rd
18-0289 Agreement No. 18-167
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and shall be constructed under a single construction contract.
2. Upon completion of Project, each Party’s jurisdictional and maintenance
responsibilities shall remain unchanged from those which existed prior to completion of the
Project except as modified through any street maintenance agreement entered into between
City and County.
3. City shall, either with City staff or by contracting with a consultant, provide PE
in accordance with the requirements of the funding agencies and all federal, state, and local
laws, including:
a. Administering California Environmental Quality Act Environmental and
National Environmental Policy Act compliance.
b. Oversight of any consultant(s) employed by City for the design of the
Project.
c. Preparation and administration of permits necessary for the construction
of the improvements.
d. Performing the administration for the advertisement, bidding, and award
of the Project construction contract.
e. Providing Design Engineering services; including preparation of plans,
specifications, and engineer’s estimates and other Project documents necessary for
the bidding and construction of the Project.
4. City shall provide to County, for County’s review and approval, plans,
specifications, and engineer’s estimates, for the work to be performed within County’s
jurisdiction.
5. City shall provide CE, including general administration of the construction
contract and furnishing all necessary field engineering, inspection, and testing for
performance of the construction work. County may, at its option, inspect the construction
contractor’s work; provided, however, that any costs incurred by County for any such
inspection will be borne entirely by County, and those costs will not be included as part of
the Project costs upon which the percentage allocation of cost sharing hereunder is
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determined, nor will such inspection costs be reimbursable through project funding sources.
6. County and City shall each be responsible for the actual costs of the County
and City obligations identified in the Preliminary Engineer’s Estimates attached as Exhibit B
hereto. The estimated cost for the County is $692,960.00 and the estimated cost for the City
is $632,424.00.
7. Any addenda or revisions to Project’s approved construction documents for
improvements performed within County’s jurisdiction (except for adjustments made to
account for actual quantities used in construction of the Project), resulting in an increase in
bid item quantity or cost of any bid item by more than ten percent (10%), shall be approved
by City’s Director of Public Works, or designee, and County’s Director of Public Works and
Planning, or designee..
8. County’s share of cost as shown in the preliminary estimate of probable costs
(Exhibit B) shall not be increased by more than ten percent (10%) (except for adjustments
made to account for actual quantities used in construction of the Project), unless otherwise
approved in writing by County’s Director of Public Works and Planning.
9. If the lowest responsible bid for Project’s construction contract does not exceed
the engineer’s estimate, including contingency, as shown on Exhibit B, by more than ten
percent (10%), City’s Department of Public Works shall recommend to the City Council that
the construction contract be awarded to that bidder. In the event that the lowest responsible
bid for Project’s construction contract exceeds the engineer’s estimate, including
contingency, as shown on Exhibit B, by more than ten percent (10%), then City’s Department
of Public Works will not recommend that the City Council award the construction contract,
unless mutually agreed upon in writing by City’s Director of Public Works and County’s
Director of Public Works and Planning.
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 Section 10 of this Agreement, County’s share of cost will be
adjusted to reflect the increased cost; however, County’s share of cost shall not exceed the
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share of cost percentage specified in this Agreement unless mutually agreed upon in writing
by City’s and County’s respective Directors of Public Works.
11. Within forty-five (45) days after award of Project’s construction contract by the
City Council, County shall deposit with City an amount equal to ninety percent (90%) of
County’s estimated share of cost as shown on Exhibit B of this Agreement.
12. Final project costs and County’s share thereof will not be determined until
construction is completed and the Project is accepted by both City and County and closed
out in accordance with each agency’s policies.
13. Following final acceptance of the Project by City and County, and within forty-
five (45) days of County’s receipt of an invoice from City requesting County’s payment of the
remaining balance of County’s share of costs as adjusted (if necessary), in accordance with
actual costs and the terms of this Agreement, County shall deliver payment in full of such
remaining balance to City’s Department of Public Works
14. City agrees to indemnify, save, hold harmless, and at County’s request, defend
County, 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
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. County 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 County, its officers,
agents and employees, under this Agreement; provided, that nothing herein shall constitute
a waiver by County 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
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section shall survive expiration or termination of this Agreement.
16. Without limiting the applicability or scope of the indemnification provisions
contained in Sections 14 and 15, County and 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.
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 June 30, 2019; provided, however, that its term may be extended by a maximum
of two additional one-year terms, upon mutual written consent of City’s Director of Public
Works and County’s Director of Public Works and Planning. 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 City and County.
21. Each Party acknowledges that it has read and fully understands the contents
of this Agreement and represents that this constitutes the entire Agreement between City
and County with respect to the subject matter contained herein and that this Agreement
supersedes all prior negotiations, representations, or agreements, either written or oral.
[SIGNATURES ON FOLLOWING PAGE]
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EXHIBIT B
CITY OF FRESNO - DEPARTMENT OF PUBLIC WORKS
BY:Eric J.DATE 02/27/18 ACCT.FILE SHEET 1 OF 1
CHKD.DATE DWG. REF.
SUBJECT ORANGE AVE. OVERLAY FROM CALIFORNIA TO JENSEN
49% CITY, 51% COUNTYPRELIMINARY ENGINEER'S ESTIMATE
ITEM UNIT
NO.QUANTITY UNIT DESCRIPTION OF WORK COST TOTAL
CITY PORTION
1 LUMP SUM L.S.MOBILIZATION LUMP SUM 5000.00
2 LUMP SUM L.S.TRAFFIC CONTROL LUMP SUM 18000.00
3 1,240 TONS A.C. LANE REPAIR 85.00 105400.00
4 2,325 TONS A.C. OVERLAY (ENTIRE LIMITS)85.00 197625.00
5 15,600 S.Y.COLD MILLING A.C.1.75 27300.00
6 110 SF WHEELCHAIR RAMP 20.00 2200.00
7 320 SF A.C. RAMP 12.00 3840.00
8 25 EA ADJUST WATER VALVES TO FINISHED GRADE 500.00 12500.00
9 15 EA ADJUST MANHOLES TO FINISHED GRADE 1000.00 15000.00
10 LUMP SUM L.S.SIGNAGE AND STRIPING LUMP SUM 12000.00
11 LUMP SUM L.S.WATER POLLUTION CONTROL LUMP SUM 4000.00
12 LUMP SUM L.S.IMPLEMENT DUST CONTROL PLAN LUMP SUM 1800.00
13 LUMP SUM L.S.MEDIATOR LUMP SUM 6000.00
SUBTOTAL 410,665.00
CONTINGENCY 10%41,066.50
CONSTRUCTION ESTIMATE 451,731.50
PRELIMINARY ENGINEERING 25%112,932.88
CONSTRUCTION ENGINEERING 15%67,759.73
TOTAL 632,424.10
COUNTY PORTION
1 LUMP SUM L.S.MOBILIZATION LUMP SUM 5000.00
2 LUMP SUM L.S.TRAFFIC CONTROL LUMP SUM 18000.00
3 1,320 TONS A.C. LANE REPAIR 85.00 112200.00
4 2,375 TONS A.C. OVERLAY (ENTIRE LIMITS)85.00 201875.00
5 13,580 S.Y.COLD MILLING A.C.1.75 23765.00
6 1,500 SF WHEELCHAIR RAMP 20.00 30000.00
7 175 SF A.C. RAMP 12.00 2100.00
8 18 EA ADJUST WATER VALVES TO FINISHED GRADE 500.00 9000.00
9 8 EA ADJUST MANHOLES TO FINISHED GRADE 1000.00 8000.00
10 LUMP SUM L.S.SIGNAGE AND STRIPING LUMP SUM 12000.00
11 LUMP SUM L.S.WATER POLLUTION CONTROL LUMP SUM 4000.00
12 LUMP SUM L.S.IMPLEMENT DUST CONTROL PLAN LUMP SUM 1800.00
13 LUMP SUM L.S.MEDIATOR LUMP SUM 6000.00
SUBTOTAL 433,740.00
CONTINGENCY 10%43,374.00
CONSTRUCTION ESTIMATE 477,114.00
PRELIMINARY ENGINEERING 25%119,278.50
CONSTRUCTION ENGINEERING 15%71,567.10
SUBTOTAL 667,959.60
VARIOUS COUNTY FEES1 25,000.00
TOTAL 692,959.60
Note 1: Fees are intially paid by City and
City will bill County for the actual
amount of the fees.
TOTAL PROJECT COST 1,325,383.70