HomeMy WebLinkAboutAgreement A-13-767-1 with California High Speed Rail Authority.pdfAgreement No. 13-767-120-0557
HSR13-54-l
AGREEMENT NO. 13-767-1
2. APPENDIX D, Section 1, DESIGN STANDARDS, Subsection (B) shall be deleted and replaced
in its entirety with the following:
"(B). The following roads will be closed: E. Lincoln Ave., E. Clayton Ave., E. Malaga Ave., E.
Springfield Ave., E. Huntsman Ave., S. Willow Ave, S. Topeka Ave., E. Clarkson Ave., S.
Minnewawa Ave., and S. Clovis Ave.
The following roads were closed prior to the HSR Project , and remain closed: E. Jefferson Ave.,
E. Morton Ave., E. Sumner AYe., E. Dinuba Ave., E. Rose Ave .. and E. Kamm Ave."
3. APPENDIX D, Section 1, DESIGN STANDARDS , Subsection (C) shall be deleted and replaced
in its entirely with the following:
"(C) Not used."
4 . APPENDIX D, Section 1, DESIGN STANDARDS, Subsection (F) shall be deleted and replaced
in its entirety with the following:
"(F) Crossings sball remain opened to the greatest extent possible during the
constrnction of FACILITY WORK, and at no time shall two consecutive crossings be
closed. Provided, however, and notwithstanding the foregoing, the Director may, in his
discretion, approve the concurrent closure of two (or more) consecutive crossings, but only
if all of the following conditions have been met:
(i) AUTHORITY bas expressly requested consideration of an exception to
the provision generally precluding the concurrent closure of two
consecutive crossings; and
(ii) LOCAL AGENCY and AUTHOR1TY have agreed in advance upon the
appropriate amount of a lump-sum fee ("Consecutive Closure Fee") to be
paid to LOCAL AGENCY in consideration of the inconvenience and
additional cost to the public of allowing the concurrent closure of two (or
more) consecutive crossings; and
(iii) The amount of the Consecutive Closure Fee shall be based upon
calculation of the concurrent closure cost impact (daily cost impact as
derived from the appropriate traffic flow data, multiplied times the
estimated number of days the crossing is lo remain closed); and
(iv) Advance payment, by AUTHORJTY'S CONTRACTOR, of the lwnp-sum
fee in its entirely, is a condition precedent to issuance of the encroachment
permit; and
(v) If each of the consecutive crossings is not re -opened by the date specified
in the encroachment permit, AUTHORITY'S CONTRACTOR must apply
to extend the encroachment pern1it and a lump-sum payment of an
additional fee ("Consecutive Closure Extension Fee") must be paid in
advance by AUTHORITY'S CONTRACTOR, as a condition precedent of
t he LOCAL AGENCY'S approval of an extension of the expiration date
of the encroachment pennit; and
HSR13-54-I
AGREEMENT NO. 13-767-1
(vi) The amount of any such Consecutive Closure Extension Fee shall be in
the amount of the previously agreed-upon daily cost impact multiplied
limes lhe estimated number of additional days (i.e., in excess of the
estimated number of days originally specified in the encroachment permit)
that the crossing is to remain closed.
lfthe Director does exercise his discretion, under the conditi ons specified in Paragraphs (i)
through (\·i) above, lo approve the concurrent closure of two (or more) consecutive
crossings, then if each of those crossings is re-opened to tra11ic sooner than the anticipated
date listed in the permit (or lhe extended permit), an appropriate refund of a commensurate
portion of the lump-sum payment will be returned to the AUTHORITY'S CONTRACTOR
within forty-five ( 45) days after the last of those crossings is re-opened to traffic.
5. APPENDIX D, Section 2, EXISTING CONDITlONS, shall be deleted and replaced in its
entirety with the following:
'·AUTHORITY'S CONTRACTOR, prior to the beginning of any construction m
relationship to AUTHORITY WORK or FACILITY WORK shall document the condition
of all of LOCAL AGENCY'S FACILITIES which will or may be impacted , either
temporarily or permanently, including but not limited to potential detour routes and haul
routes. AUTHORITY'S CONTRACTOR shall thereafter provide such documentation and
allow adequate time for LOCAL AGENCY review and verification thereof. Neither
AUTHORITY WORK nor FACILITY WORK shall commence until DIRECTOR has
issued written concurrence to AUTHORITY regarding AUTHORITY'S CONTRACTOR
docwnentation.
Upon completion of constrnction operations of any/all AUTHORITY WORK or
FACILITY WORK at a given location, AUTHORITY'S CONTRACTOR shall again
docwnent the condition of FACILITIES which are not otherw ise reconstrncted or
improved as FACILITY WORK and which are impacted as a result of AUTHORITY
WORK or FACILITY WORK. The post-construction testing at a given location shall be
conducted by calculation of the Pavement Condition Index ("PC!") solely on the lane used
by AUTHORITY'S CONTRACTOR in transporting its loaded truck s to th e worksitc.
AUTHORITY'S CONTRACTOR shall prepare and submit to AUTHORITY a report
identifying the location and extent of any damage, a copy of which sha ll be provided by
AUTHORITY to DIRECTOR. f t shall be the responsibility of AUTHORITY and
AUTHORITY 'S CONTRACTOR to bring such FACILITIES back to a state of repair at
least equal to that originally documented by AUTHORITY'S CONTRACTOR and
concurred with by DIRECTOR. AUTHORITY agrees that it shall require AUTHORITY'S
CONTRACTOR to remediate the damage to LOCAL AGENCY'S FACILITIES as herein
provided, and that if AUTHORITY'S CONTRACTOR fails o r refuses to repair s uc h
damage promptly, then AUTHORITY s hall have the necessary work performed and charge
the cost thereof lo AUTHORITY'S CONTRACTOR. DIRECTOR has final approval of
all such remediation work as is required for returning LOCAL AGENCY'S FACILITIES
to their original state of repair.
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AGREEMENT NO. 13-767 -1
ff requested in wri ti ng by the LOCAL AGENCY w ith res pect to any of su ch FACILITIES
as t he LOCAL AGENCY shall sp ecify, AUTHORITY and AUTHORITY'S
CONTRACTOR shall be responsib le to mitigate the damage to such FACILITIBS through
performance thereupon by AUTHORITY'S CONTRACTOR of either an overlay or road
reconstruction project. To the exte nt such requested restoration work increases the post-
construction PCI of impacted FACILITIES at that specific location to a level that
s igni fi cantl y exceeds the s tate of repair as originally measured., that portion of the cost of
such work may be considered a BETTERMENT. Pro vided , however, that: (i) the
allocation of cost between the parties s hall be dete rm.ined in an appropria te Task Order;
and (i i) payment of any monies owed b y the LOCAL AGENCY for any s uch requested
work that is determined to be a BETTERMENT shal l not become due un ti l, and may be
o ffset by the LOCAL AGENCY partially o r wholly against, the amount of rei mbursable
costs or damages, including any liquida ted damages, owed to the LOCAL AGENCY for
delays and/or road c losures under or pursuant lo the immediatel y following Secti o n 3 of
thi s Appendix D , once th e amount of those Section 3 costs or damages has been finally
determined."
6. APPENDIX D, Section 3, SCHEDULE, shall be de leted and replaced in its e ntirety w ith the
followi ng :
"AUTHORITY'S CONTRACTOR s ha ll diligently undertake, or cause to be undertaken,
the FACILITY WORK as specified in the TASK ORDER and/o r the permit issued b y the
LOCAL AGENCY for that specific FACILITY WORK. The schedule and/or timeline for
p erformance of the FACILIITY WORK and the closure and reopening by AUTHORITY'S
CONTRACTOR of local roads rela tin g to such FACILITY WORK shall be set forth in a n
appropriate TASK ORDER and/or the permit issued by the LOCAL AGENCY for that
specific FACI LITY WORK. AUTHORITY and AUTHORITY'S CONTRACTOR also
will be responsible to reimburse the LOCAL AG.ENCY for c osts incurred by the LOCAL
AGEN CY caused by delays in completin g the FACILITY WORK in accordance with the
schedule and/or timeline specified in the TASK ORDER and/or th e permit issued by the
LOCAL AGENCY for that specific FACILITY WORK. The costs of delays may be
predetermined in the form of liquidated damages in the TASK ORDER and/or the perm it
issued by the LOCAL AGENCY for such FACILIT Y WORK. In such event, it is
contemplated that such costs may include, but shall not be limited to, reasonab l e cos ts
inc urred by the gene ral public associated with extended use of detours, loss of use o f facility,
a nd detouring, signage, advertisement , and degradation of local roads used for purpose of
de touring traffic and/or transpo rting construction materials."
C. ALL OTHER TERMS AND CONDITIONS as stated in the AGREEMENT shall remain the
same and s hall be unaffect ed by this AMENDMENT I .
HSR13-54-I
AGREEMENTNO. 13-767-1
AMENDMENT 1 TO COOPERATIVE AGREEMENT HSR13-54
BETWEEN CALIFORNIA HIGH-SPEED RAIL AUTHORITY AND COUNTY OF FRESNO
IN WITNESS WHEREOF, the PARTIES have executed this AMENDMENT l to be effective as
o f the last date written below .
AUTHORITY: COUNTY OF FRESNO:
,,....---~.:..:::::::::~~~i:::..:::::::...--=~--l-;L,/-:-:::Y~fauddy~~--~
Chairman of the Board of l.ol 23\ '2D
Supervisors of the County of Fresno
ATTEST :
c:f,.n·, ~ ~ lo I 13 I 1.i)
Bernice E .~ Date
Clerk of the Board of
Supervisors of the County of Fresno