HomeMy WebLinkAboutAgreement A-09-227-1 with Transportation Authority.pdfAGREEMENT NO. 09-227-1
1 AMENDMENT NO. 1 TO
2 COOPERATIVE PROJECT AGREEMENT
3 Short-Term Regional Transportation Program
4 Project 1 E -Friant Road Widening
5 This Amendment No.1 to Cooperative Project Agreement ("Amendment No.1") is
6 made and entered into on Janu~ry 1 .• 2015 , by and between the County of Fresno
7 ("Responsible Agency") and the Fresno County Transportation Authority ("Authority")
8 hereinafter collectively referred to as "the Parties."
9 1. RECITALS:
10 WHEREAS, on June 2, 2009, Authority and Responsible Agency, entered into an
11 Agreement (County of Fresno Agreement # 09-227, hereinafter "the Agreemenr) for
12 funding of a transportation improvement project in Fresno County (Project 1 E • Friant Road
13 Widening), pursuant to the Measure "C" Short-Term Regional Transportation Program
14 Handbook ("Handbook"), and the Fresno County Measure "C" Extension Expenditure Plan
15 ("Expenditure Plan"), which was approved by the voters of Fresno County in November
16 2006; and,
17 WHEREAS, Responsible Agency previously has received eligible Measure •c•
18 Extension Regional Transportation Program ("Measure "C") funding from the Authority for
19 Project 1E-Friant Road Widening ("Project") as specified in the Handbook and consistent
20 with the list of Regional Transportation Program projects (Tier 1-Rural Subprogram)
21 expressly referenced in the Expenditure Plan approved by the voters; and
22 WHEREAS, the Agreement provided that Authority shall provide funding to
23 Responsible Agency for eligible Project costs "not to exceed" $4,120,000 of Measure ·c·
24 funding and $0 of RTMF funding (as applicable); and
25 WHEREAS, Responsible Agency previously has received Measure "C" funding for
26 the Project in the amount of $2,658,317.67; and
27 WHEREAS, Project Involved multiple funding sources, including federal funding,
28 although Responsible Agency ultimately did not receive the full amount of such federal
1 funding that originally had been anticipated; and,
2 WHEREAS, construction of the Project was completed in or about June, 2010 and
3 the original Agreement expired on December 31, 2012; and
4 WHEREAS, due to the lengthy period involved in close-out of the Project and a
5 subsequent misunderstanding, the Authority was not invoiced by Responsible Agency,
6 prior to expiration of the original Agreement, for the remaining $1,461,682.33 for which the
7 Project remains eligible for reimbursement funding under the Measure "C" Strategic
8 Implementation Plan ("SIP") and the Expenditure Plan (now incorporated as Appendix A to
9 the SIP); and
10 WHEREAS, it is the intent of the Parties hereto, by this amendment, to extend the
11 expiration date of the original Agreement, so as to provide for reimbursement to the
12 Responsible Agency of the remainder of all available Measure "C" funding for which the
13 Project is eligible, in the additional amount of $1,461 ,682.33, which will increase the
14 cumulative amount of Measure "C" funding provided for this Project to the full amount of
15 the originally authorized allocation of $4,120,000 as specified in the Expenditure Plan.
16 NOW, THEREFORE, in consideration of the mutual promises and undertakings
17 herein made and the mutual benefits to be derived therefrom, the Parties hereto represent,
18 covenant and agree as follows:
19 2. TERMS
20 2.1 Effective Date and Term. The effective date of this Amendment No. 1 to the
21 Agreement shall be retroactive to January 1, 2013 and shall remain in full force and effect
22 through December 31, 2015, unless earlier terminated as provided in Section 3.2 or in
23 Section 3.4 of the Agreement.
24 2.2 All other terms and conditions contained in the Agreement are unaffected by
25 this Amendment No. 1 and shall remain in full force and effect.
26 II
27 II
28 II
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1 IN WITNESS WHEREOF, the undersigned parties have executed this First Amendment on
2 the day and year first written above.
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4 FRESNO COUNTY TRANSPORTATION AUTHORITY
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By
HARRY ARMSTRONG
Title: Chair of the Authority
APPROVEDASTOLEGALFORM:
9 AUTHORITY COUNSEL
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By
MICHAEL E. ROWE
Title: Senior Deputy County Counsel
COUNTY OF FRESNO
By
Deborah A. Poochigian
Chairman, Board of Supervisor
REVIEWED AND RECOMMENDED
FOR APPROVAL
By~w~
A an Weaver, D1rector
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Department of Public Works and Planning
Deputy
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Fund/Subclass/Org/Account: 0010/11000/4510/4985
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By
RON PETERSON
Title: Executive Director
APPROVED AS TO ACCOUNTING FORM:
AUTHORITY AND COUNTY OF FRESNO
By
VICKI CROW
Title: Auditor-Controller/Treasurer-
Tax Collector
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
Byfu~ &'~
Deputy