City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
Kevin Jorgensen II, Director of Engineering/City Engineer |
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Prepared by: |
David Bahr, Senior Engineer |
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Date: |
December 3, 2024 |
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Subject: |
Rescind resolution R2024-154 and adopt a new resolution for the Improvement Agreement of Airport Way & Wawona Street Intersection Improvements with Robinson Oil to replace R2024-154 |
Recommendation:
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Rescind Resolution R2024-154 and adopt a new resolution to approve an Improvement Agreement of Airport Way & Wawona Street Intersection Improvements with Robinson Oil; and authorizing the City Manager to sign and take all necessary steps to effectuate the amendment.
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Background:
The City of Manteca City Council approved the Improvement Agreement for the Airport Way & Wawona Street Intersection Improvement Agreement on September 17, 2024.
The corresponding resolution, R2024-154, did not reflect revisions to Section 7(A), “Indemnification of City By Developer”, Section 18, “Conflicts Provision”, and an adjustment to SCHEDULE B, Table 1, “Transportation System P.F.I.P. Reimbursement” per Council’s approved action.
Section 7(A) is deleted in its entirety and replaced as follows:
Neither the City, nor its officers, agents, employees nor volunteers, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the defective design, construction, functionality, installation, or assembly, or, prior to the acceptance of the Improvements by the City, improper maintenance, including, without limitation, the use of defective methods, materials and workmanship of the Improvements by Developer, its officers, employees and agents (collectively, “Developer’s Faults”). Developer (or (as ultimately agreed upon by the City in writing), Developer’s agent / contractor / affiliate / consultant, following an assignment, if necessary) shall indemnify, hold harmless and defend the City, its officers, agents and employees, from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments, including reasonable attorneys’ fees, arising directly or indirectly out of or attributable to Developer’s Faults performance under this Agreement, except for the gross negligence and/or willful misconduct of the City. The foregoing contractual indemnity obligation on the part of Developer shall expire and be of no further force or effect upon expiration of the one year warranty period described herein.
Section 18 is deleted in its entirety and replaced as follows:
18) PRECEDENCE.
A) In case of conflict between documents attached to, related to, and/or referenced in this Agreement, this Agreement and any City-authored/provided materials shall take precedence (i.e., Schedule B) over Developer’s materials/attachments (i.e., Schedule A). Schedules C, D, and E, were prepared by neither the City nor the Developer.
Portions of the improvements are included in the Transportation System Public Facilities Implementation Program (P.F.I.P.) and are eligible for reimbursement. Due to unforeseen field conditions restricting placement of improvements in its final configuration / location, a portion of the transportation improvements will be in an interim location, thus ineligible for P.F.I.P. credit reimbursement. The original amount of P.F.I.P. credit reimbursement was $895,440. The P.F.I.P. credit reimbursement has been reduced by $51,450.
With the reduction of work included, the amended SCHEDULE B Total Transportation Facilities System P.F.I.P. Reimbursement amount is $843,990.
Fiscal Impact:
In accordance with the Robinson Oil Corporation Improvement Agreement, the City shall credit or reimburse the Developer its cost to install portions of the City’s Transportation System.
Documents Attached:
1. Attachment 1 - Resolution
2. Attachment 2 - Improvement Agreement
3. Attachment 3 - Location Map