HomeMy WebLinkAbout2025-04-15 - PROJECT SPECIFIC SUPPLEMENTAL AGREEMENT - Jensen Ave Water Main Replacement.pdf 1 PROJECT SPECIFIC SUPPLEMENT AGREEMENT
(Pursuant to Master Dual Jurisdiction Cooperative Agreement)
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3 This Project Specific Supplement Agreement("PSS") is made and entered into this
4 day of , 2025 by and between the City of Fresno, a municipal corporation
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("City"), and the County of Fresno, a political subdivision of the State of California
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7 ("County") (collectively, the "Parties"), pursuant to that certain Master Dual Jurisdiction
8 Cooperative Agreement dated September 10, 2019 , and amended on December 17,
9 2024 (the "Master Agreement").
10 RECITALS:
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12 A. The City and the County are parties to the Master Agreement, which is
13 incorporated herein by this reference. All defined terms not otherwise defined
14 herein, shall have the same meaning provided in the Master Agreement.
15 B. Pursuant to the Master Agreement, the Parties generally will enter into a Project
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Specific Supplement Agreement for each individual discrete dual jurisdictional
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18 Project.
19 C. Jensen Avenue, between Fig and Fruit Avenues (hereinafter the "Project Limits"),
20 is located across City/County jurisdictional boundaries, with approximately eleven
21 percent (11%) within the jurisdiction of the County and eighty nine percent (89%)
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within the jurisdiction of the City, as shown on "Exhibit A" hereto. However, the
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24 facilities to be improved under this agreement are 100% owned by the City, and
25 they shall bear the costs of their improvements.
26 D. The City and the County desire to complete the following improvements and work
27 within the Project Limits, which collectively constitutes the Project: adjust the City's
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1 fourteen (14) sewer manhole covers and nine (9) water valve covers, and
2 replacement of the City's water pipeline with all the appurtenant work within the
3 project limits as shown in the Plans No W.J. 5927 prepared by the City of Fresno
4 staff. Of those water valve covers to be adjusted: five (5) shall be removed as part
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of the pipeline replacement work and the four (4) remaining shall be adjusted to
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7 grade.
8 E. The City and the County have already executed and entered into Utility Agreement
9 2022-1 D23175 on 2/1/23 for the adjustment of water valves and manhole covers.
10 This PSS supersedes the prior agreement.
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12 F. The City and the County have executed and entered into a Project Specific
13 Supplemental Agreement, dated 10/3/22, for road improvements within the Project
14 Limits. The road improvements covered by the Ocobter 3, 2022 Project Specific
15 Supplement will be completed concurrently under the same construction contract
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(hereinafter the "Road Project").
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18 G. The City and the County now wish to establish the conditions specifically
19 applicable to the Project and under which the Project will be completed.
20 NOW, THEREFORE, in consideration of the mutual acknowledgments, covenants,
21 and conditions herein contained, it is hereby agreed as follows:
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1. Recitals. Each and all of the foregoing recitals of background facts are
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24 incorporated herein.
25 2. Master Agreement. Unless otherwise noted herein, all applicable terms and
26 provisions contained in the Master Agreement shall apply to these segments of the
27 Project.
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1 3. Lead Agency. The Lead Agency shall be the County. The County will incorporate
2 the City's prepared plan into the Road Project Plans, Specifications and Estimate
3 (PS&Es) for the work, project management, Right-of-Way Engineering, Right-of-
4 Way Acquisition, Utility Coordination, Bidding and Construction Oversight.
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4. Participating Agency. The Participating Agency shall be the City of Fresno. The
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7 City has provided Plan No. WJ 5927, signed by the City Engineer on September
8 27, 2024, for incorporation into the County's plans.
9 5. Engineer's Estimate. The Detailed Preliminary Engineer's Project Cost Estimate
10 is attached hereto as Exhibit B and is incorporated by this reference.
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12 6. Jurisdictional Cost Share. The work contemplated under this PSS does not
13 qualify for any federal or other share of cost. Each Party shall be responsible for
14 the actual costs of its respective obligations, as identified in the Preliminary
15 Engineer's Estimate, and as revised pursuant to Section 5 above once the actual
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costs have been determined. Generally, unless otherwise provided in either the
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18 Master Agreement or herein, each Party shall be responsible for costs in proportion
19 to the percentage of the Project based on jurisdictional cost share. The project
20 costs, estimated at $2,648,173, shall be borne entirely by the City.
21 7. Special Terms. The Parties agree that the following special or specific terms
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shall apply to the performance of the Project: Lead Agency will include
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24 Participating Agency staff in pre-construction meetings. The City will be
25 responsible for reviewing and approving submittals. City and County staff will
26 concurrently review and approve all Traffic Control Plans. City staff will be
27 responsible for all wet-ties to existing water facilities as stated in the plans. Final
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1 as-built drawings will be created by the Lead Agency and provided to the
2 Participating Agency.
3 8. Indemnification. CITY shall indemnify, hold harmless and defend COUNTY
4 and each of its officers, officials, employees, agents and volunteers from any and
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all loss, liability, fines, penalties, forfeitures, costs and damages (whether in
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7 contract, tort or strict liability, including but not limited to personal injury, death at
8 any time and property damage) incurred by COUNTY, CITY or any other person,
9 and from any and all claims, demands and actions in law or equity (including
10 attorney's fees and litigation expenses), arising or alleged to have arisen directly
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12 or indirectly from the negligent or intentional acts or omissions, or willful
13 misconduct of CITY or any of its officers, officials, employees, agents or volunteers
14 in the performance of this Agreement; provided nothing herein shall constitute a
15 waiver by CITY of governmental immunities including California Government Code
16 section 810 et seq.
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18 COUNTY shall indemnify, hold harmless and defend CITY and each of its
19 officers, officials, employees, agents and volunteers from any and all loss,
20 liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort
21 or strict liability, including but not limited to personal injury, death at any time and
22 property damage) incurred by the CITY, COUNTY or any other person, and from
23 any and all claims, demands and actions in law or equity (including attorney's
24 fees and litigation expenses), arising or alleged to have arisen directly or
25 indirectly from the negligent or intentional acts or omissions, or willful misconduct
26 of COUNTY or any of its officers, officials, employees, agents or volunteers in the
27 performance of this Agreement; provided nothing herein shall constitute a waiver
28 by COUNTY of governmental immunities including California Government Code
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1 section 810 et seq. If COUNTY should subcontract all or any portion of the work
2 to be performed under this Agreement, COUNTY shall require each
3 subcontractor to indemnify, hold harmless and defend CITY and each of its
4 officers, officials, employees, agents and volunteers in accordance with the terms
5 of the preceding paragraph.
6 In the event of concurrent negligence on the part of CITY or any of its
7 officers, officials, employees, agents or volunteers, and COUNTY or any of its
8 officers, officials, employees, agents or volunteers, the liability for any and all
9 such claims, demands and actions in law or equity for such losses, fines,
10 penalties, forfeitures, costs and damages shall be apportioned under the State of
11 California's theory of comparative negligence as presently established or as may
12 be modified hereafter.
13 This section shall survive termination or expiration of this Agreement.
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15 9• Assignment. Neither Party shall assign, transfer, or sub-contract this Agreement,
16 nor any of its respective rights or duties hereunder, without the written consent of
17 the other Party.
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10. Waiver. Waiver of any breach of this Agreement by any party hereto shall not
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20 constitute a continuing waiver or a waiver of any breach of the same or another
21 provision of this Agreement.
22 11. Counterparts. This Agreement may be executed in one or more counterparts,
23 each of which when executed will be deemed to constitute one and the same
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25 instrument and agreement.
26 12. Severable. The provisions of this Agreement are severable. The invalidity or
27 unenforceability of any one provision of this Agreement shall not affect the other
28 provisions.
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1 13. Amendment. This Agreement may be modified only by written instrument
2 executed by duly authorized representatives of both the City and the County.
3 14. Entire Agreement. Each party acknowledges that it has read and fully
4 understands the contents of this Agreement and represents that this constitutes
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the entire Agreement between the City and the County with respect to the subject
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7 matter contained herein and that this Agreement supersedes all prior negotiations,
8 representations, or agreements, either written or oral.
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15. Electronic Signatures The parties agree that this Agreement may be executed
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by electronic signature as provided in this section.
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a. An "electronic signature" means any symbol or process intended by an
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individual signing this Agreement to represent their signature, including but not
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limited to: (1) a digital signature; (2) a faxed version of an original handwritten
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signature; or (3) an electronically scanned and transmitted (for example by PDF
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document) version of an original handwritten signature.
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b. Each electronic signature affixed or attached to this Agreement: (1) is
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deemed equivalent to a valid original handwritten signature of the person signing
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this Agreement for all purposes, including but not limited to evidentiary proof in any
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administrative or judicial proceeding; and (2) has the same force and effect as the
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valid original handwritten signature of that person.
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C. The provisions of this section satisfy the requirements of Civil Code section
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23 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code,
24 Division 3, Part 2, Title 2.5, beginning with section 1633.1).
25 d. Each party using a digital signature represents that it has undertaken and
26 satisfied the requirements of Government Code section 16.5, subdivision (a),
27 paragraphs (1) through (5), and agrees that each other party may rely upon that
representation.
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1 e. This Agreement is not conditioned upon the parties conducting the
2 transactions under it by electronic means and either party may sign this Agreement
3 with an original handwritten signature.
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5 [SIGNATURE PAGE TO FOLLOW]
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
2 the day and year first herein above written.
3 CITY OF FRESNO, COUNTY OF FRESNO
4 A California municipal corporation
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By: - By:
6 Scott Mozier, Director Steven E. White, Director
Department of Public Works Department of Public Works and
7 Planning
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APPROVED AS O FORM: APPROVED AS TO LEGAL FORM
9 Andrew Jan-- DANIEL C. CEDER ORG
10 City At n
11 By. ?� Y
n if intanilla Dep y
12 for Deputy City Attorney
13 APPROVED AS TO ACCOUNTING FORM
14 ATTEST: OSCAR J. GARCIA, CPA
TODD STERMER, MMC Au( to -Controller/Treasurer-Tax Collec r
15 City Clerk ,
16 By: /' - t
17 Ueputy
18 1
Fund: 0010
19 Subclass: 11000
Org: 45104513
20 Account: 4985
21 Memo: 00142
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City of
FRESNO
DEPARTMENT OF PUBLIC WORKS
BY: GE DATE: 02118/25I ACCT. FILE NO I Sheet 1
CHKD. -DATE: DWG.REF. WC00005-J5927WM Replacement in Jensen,Fruit-MLK
SUBJECT: WATER MAIN REPLACEMENT in the VICINITY OF JENSEN, FRUIT- MLK
100%
ENGINEER'S ESTIMATE
CONSTRUCTION COST(CON)
ITEMPARTICIPATING QUANTITY DESCRIPTION OF WORK UNIT PRICE COST
67 1 L.S. Mobilization 100,000.00 $ 100,000.00
68 1 L.S. Mediator Owner's 50%Share,Pg.2.53 of General Conditions) 10,000.00 $ 10,000.00
69 1 L.S. Traffic Control 130,000.00 $ 130,000.00
70 1 L.S. Dust Control Plan 5,000.00 $ 5,000.00
71 1 L.S. lPrepare and Implement Storm Water Pollution Prevention Plan 10,500.00 $ 10,500.00
72 1 L.S. Worker Protection from the Hazard of Caving Ground 10,000.00 $ 10,000.00
73 1 L.S. Trench Protection 6,000.00 $ 6,000.00
74 7,050 L.F. Temporary Trench Resurfacing 8.00 $ 56,400.00
75 22 EA lFurnish and Install 1-Inch Water Service and Meter Box 3,400.00 $ 74,800.00
76 1 EA lFurnish and Install 1.5-Inch Water Service and Meter Box 4,400.00 $ 4,400.00
77 1 EA IFurnish and Install 2-Inch Water Service and Meter Box 5,000.00 $ 5,000.00
78 24 EA lConnect Water Service at Meter Box 500.00 $ 12,000.00
79 24 FA Connect Water Service to Existing Lead Line(Front) 600.00 $ 14,400.00
80 24 FA Furnish and Install Grounding Rod 500.00 $ 12,000.00
81 290 L.F. Furnish and Install 1.5-Inch Sch 40 PVC On-Site Lead Line 100.00 $ 29,000.00
82 30 L.F. Furnish and Install 2-Inch Sch 40 PVC On-Site Lead Line 100.00 $ 3,000.00
83 190 L.F. Furnish and Install 8-Inch CL 350 Ductile Iron Pipe Water Main 125.00 $ 23,750.00
84 5,600 L.F. iFurnish and Install 16-Inch CL 350 Ductile Iron Pipe Water Main 240.00 $ 1,344,000.00
85 3 FA Furnish and Install 8-Inch Gate Valve 2,000.00 $ 6,000.00
86 10 FA Furnish and Install 16•Inch Butterfly Valve 9,300.00 $ 93,000.00
87 10 EA Furnish and Install Fire Hydrant Assembly 11,000.00 $ 110,000.00
88 3 EA Furnish and Install Fife Hydrant Assembly with Flexible Delineators 12,500.00 $ 37,500.00
89 160 S.F. Concrete Sidewalk or Walkway Repair and Reconstruction 18.00 $ 2,880.00
90 1 EA Temporary Backflow Assemby 18,000.00 $ 18,000.00
91 24 EA Abandonment of Old Water Service,Meters,and Meter Boxes 450.00 $ 10,800.00
92 1 L.S. City of Fresno Plumbing and Electrical Permit 20,000.00 $ 20,000.00
93 1 L.S. County of Fresno Road Encroachment Permit 6,000.00 $ 6,000.00
94 1 L.S. Miscellaneous Facilities and Operations 20,000.00 $ 20,000.00
95 1 L.S. Supplemental work i 25,000.00 $ 25,000.00
Subtotal $ 2,199,430.00
Contingencies(10%) $ 219,943.00
CM $ 200,000.00
Total $ 2,619,373.00
PARTICIPATING
ITEM QUANTITY DESCRIPTION OF WORK UNIT PRICE COST
1 14 EA Adjust sewer L.S. L.S. lmobiliza 1L.b. L.S. 1 1,800.00 $ 25,200.00
Adjust water
valve box lid to Mobiliza
2 4 EA grade L.S. L.S. Ition L.S. L.S. 1 900.00 $ 3,600.00
Total Cost $ 28,800.00
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