City Council Agenda
Memo to:
Manteca City Council
From:
Kevin Jorgensen II, Director of Engineering/City Engineer
Prepared by:
David Bahr, Senior Engineer
Date:
December 3, 2024
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:
title
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...
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