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HomeMy WebLinkAbout32196! AGREEMENT NO. 09-595-3 1 AMENDMENT NO. 3 TO 2 COOPERATIVE PROJECT AGREEMENT 3 Short-Term Regional Transportation Program 4 Rural Project 1 I-Mountain View Avenue Widening 5 This Amendment No. 3 to Cooperative Project Agreement ("Amendment No. 3") is 6 made and entered into on f\u~\-tl, 2n 1s-, 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 1.1 WHEREAS, The Parties entered into the Cooperative Project Agreement for Rural 11 Project 1 I -Mountain View Avenue Widening, dated November 10, 2009 ("Agreement"), which 12 subsequently was amended on November 6, 2012 ("Amendment No.1"), and on December 3, 13 2013 ("Amendment No.2") for the funding of a transportation improvement project ("Projecf') in 14 Fresno County pursuant to the Measure "C" Extension Strategic Implementation Plan ("the SIP"), 15 and the Fresno County Measure "C" Expenditure Plan ("the Expenditure Plan"), which was 16 approved by the voters of Fresno County in November 2006; and 17 WHEREAS, it is the intent of the parties hereto, by this Amendment No. 3, to 18 extend the expiration date of the original Agreement to allow for completion of the Project; and 19 WHEREAS, Authority is authorized to approve and revise Project funding for 20 payment to Responsible Agency in accordance with the Agreement, the SIP and the 21 Expenditure Plan regarding the Rural Project 1 I -Mountain View Avenue Widening; and 22 WHEREAS, Authority shall provide funding to Responsible Agency for eligible 23 Project costs "not to exceed" $23,538,000 of Measure "C" Regional Transportation Program 24 funding. 25 1.2 The Parties now desire to amend the statements defining and delineating the 26 Project Scope, Project Schedule and Project Funding Program, as set forth in the 27 original Agreement and previously modified by Amendments No. 1 and No. 2 thereto, based on 28 the following: - 1 -COUNTY OF FRESNO Fresno. CA 1 2 3 4 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT NO.09-595-3 Responsible Agency desires to reallocate $60,000 from the Construction fund to Preliminary Engineering fund,and to reallocate $260,000 from the Construction fund to the Right of Way fund, all portions of the approved Measure "C"funding for the transportation improvement Rural Project 1 I - Mountain View Avenue Widening,and to draw down $14,200,000 of the Project Construction fund as more thoroughly described in Section 2.1 of this Amendment No.3. 2.TERMS 2.1 The effective date of this Amendment No. 3 to the Agreement shall be retroactive to July 1,2015 and shall remain in full force and effect through June 30,2018, unless earlier terminated as provided in Section 3.2 or 3.4 of the Agreement. 2.2 Exhibit "A"(Project Scope),Exhibit "B"(Project Schedule)and Exhibit "C"(Project Funding Program),which hereinafter shall be referenced collectively as the ("Original Exhibits")as set forth in Section 1.1 of the Agreement,and which were fully incorporated therein by the provisions of Section 3.23 thereof and were previously modified by Amendments No. 1 and 2 thereto,shall be and are hereby replaced by: Exhibit "A3"(Project Scope),Exhibit "B3"(Project Schedule)and Exhibit "C3"(Project Funding Program),which are attached hereto and incorporated herein by this reference,commencing upon the Effective Date of this Amendment No. 3 to the Agreement. 2.3 All work performed by Responsible Agency under the Agreement,for which an invoice is submitted to Authority prior to the Effective Date of this Amendment No. 3,shall be governed by and compensated pursuant to the applicable Exhibits, pursuant to the terms of the Agreement as previously modified by Amendments No.1 and 2 thereto.All such work,for which an invoice is submitted after the Effective Date of this Amendment No. 3,shall be governed by and compensated pursuant to the attached Exhibits A3, B3 and C3,and the terms of the Agreement as modified by this Amendment No. 3. COUNTY OF FRESNO Fresno. CA AGREEMENT NO.09-595-3 1 2.4 All other terms and conditions contained in the Agreement are unaffected by this 2 Amendment No.3 and shall remain in full force and effect. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno. CA 1 IN WITNESS WHEREOF, the undersigned parties have executed this Third Amendment on 2 the day and year first written above. 3 4 FRESNO COUNTY TRANSPORTATION AUTHORITY 5 6 7 8 By ------------------ 9 (HARRY ARMSTRONG) 10 Title Chair of the Authority 11 12 APPROVED AS TO LEGAL FORM: 13 AUTHORITY COUNSEL ATIEST: By -------------------- (RON PETERSON) Title Executive Director APPROVED AS TO ACCOUNTING FORM: AUTHORITY AND COUNTY OF FRESNO 14 . A I . rv 15 By By ___ :J~·~Lc=L~v~L~A~t~---------- 16 (MICHAEL E. ROWE) 17 Title Senior Deputy County Counsel 18 19 20 COUNTY OF FRESNO 21 22 23 24 (VICKI CROW) Title Auditor-Controller!Treasurer-Tax Collector ATIEST: BERNICE E. SEIDEL CLERK, BOARD OF SUPERVISORS ~: By ~ Q. ~ By ~ C==tJ-I \)yL_t-u 27 DEBORAH A POOCHIGIAN, CH RMAN 28 BOARD OF SUPERVISORS -4-COUNTY OF FRESNO Fresno. CA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AS TO LEGAL FORM DANIEL C.CEDERBORG,COUNTY COUNSEL DEPUTY FRESNO COUNTY DEPARTMENT OF PUBLIC WORKS AND PLANNING By <^S& ALAN WEAVER,DIRECTOR AW:jr Y:\Projects -Road &Bridge Folders\Mountain View -Bethel to Smith (J21165)\Other Agencies\FCTA\Measure C Cooperative AgrmtYThird Amendment\MtnViewFCTA_Amendmt No3 Signature Page.doc Budget 4510 Fund 0010 Subclass 11000 Account 4985 COUNTY OF FRESNO Fresno,CA Measure "C"Short-Range Regional Transportation Program \Rural Project I/A3 Schedule -Exhibit B3 MS^S^EXHIBIT B3 Project I/A3 Widening FRESNO COUNTY TRANSPORTATIONAUTHORITY PROJECT SCHEDULE Mountain View Avenue -*H 1 1 1 1 1 1 1 1 1 1 1 1 1—1 1—I 1 l-»H 1 1 1 1 1 1 1 1 h ^1 1 1 1—|1 1—»~ Responsible Agency County of Fresno Project Limits The project limits include4.0 miles of added travel lanes on Mountain ViewAve. between Bethel Ave. and SmithAve.at the Tulare County Line. Project Phase El Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] \Z1 Phase 2 -Right-of-Way Acquisition CS Phase 3 -Construction [Includes Project Construction &Construction Management] Contact For inquiries,you may contact Mohammad Alimi,Design Engineer with the County of Fresno Department of Public Works and Planning,at (559)600- 4109. Project Schedule (Double click on Table below to complete for all Project phases -It is important for the Authority to understand the schedule for the entire Project;not just the Project phase(s)that is checked aboveandthe subject of this Agreement.Revise Fiscal Years in table below to reflect schedule forall phases of the Project) PROJECT PHASE START END 2011-12 2012/13 2013/14 2014-15 2015/16 1 1 1 1 1 1 1 1 I I 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 II 1 1 II 1 1.Prelim.Design Jan-09 Dec-09 2.PS&E Jan-10 Nov-15 :l 3.Environ.Doc.2007 Aug-09 1.Parcel Research Jul-11 Sep-11 2. Appraisal Jul-11 Sep-11 3.Acquisition Oct-11 Feb-13 4. Utility relocation Oct-13 Mar-14 1. Bid Devel.,C&G and Demo.Mar-Til May-13 2.Construction,C&G and Demo.Jun-13 Nov-13 3. Const.Engineering,C&Gand Demo.May-13 Nov-13 4. Bid Devel.,Irrigation Fac.Jul-14 Sep-14 5.Construction,Irrigation Fac.Oct-14 Mar-15 6.Const.Engineering,Irrigation Fac.Sep-13 Mar-15 7. Bid Devel.,Road Dec-15 Feb-16 8.Construction,Road.Mar-16 Dec-16 9. Const.Engineering,Road Feb-16 Dec-16 *t Preliminary Engineering:Preliminary Design/Engineering (PS&E),Environmental *2 Right-of-Way Acquisition *3 Project Construction 8,Construction Management C&D andDemo.-Clearing andGrubbing andDemolition Contracts Funding for the irrigation facilities and road construction projects will beauthorized byfuture amendments tothe Cooperative Project Agreement The anticipated completion date for the road construction phase is December 2016.FY 2016-17 Measure "C"Short-Range Regional Transportation Program \Rural Project I/A3 Scope -Exhibit A3 ^m^MM FRESNO COUNTY TRANSPORTATION AUTHORITY EXHIBIT A3 -PROJECT SCOPE Project I/A3 -Mountain View Avenue Widening -*-H 1—H—|1—|1 1—|h—t—|1—I 1 1—I 1—+-H 1—I 1 1—I—I 1—I 1—I 1 I—I 1—H—I—I—I—*- Responsible Agency County of Fresno Project Limits The Project limits are Mountain View Avenue between Bethel Avenue and Smith Avenue at the Fresno-Tulare County Line. Project Phase [SI Phase 1 - Preliminary Engineering [Includes Preliminary Design/Engineering (PS&E) and Environmental] H Phase 2 -Right-of-Way Acquisition \Zi Phase 3 -Construction [Includes Project Construction &Construction Management] Project Phase(s)Scope (Provide detail to describe the Phase(s)that is the subject ofthis Agreement as checked above) The Project involves the widening and reconstruction of Mountain View for approximately four miles,beginning east of BethelAvenue and continuing to match the construction proposed byTulare County, near the Fresno-Tulare County line Phase 1 includes development of PS&E and the preparation of the environmental documents to comply with CEQA requirements. Phase 2 involves the appraisal,acquisition and purchase of the right-of-way necessary for the project. Phase 3 includes the clearing and grubbing and house demolition projects. The irrigation facilities and road construction projects will be authorized by amendments to the Cooperative Project Agreement. Complete Project Scope (Provide detail to describe a][phases ofthe Project -It is important for the Authority to understand the scope ofthe entire Project;not just the Project phase(s)that is described above). The Project will provide a divided,four-lane roadway,with a cross section consistent with County of Fresno arterial standards,from the existing four-lane road east ofthe intersection of Bethel and Mountain View Avenues to a point near the Fresno-Tulare County line.The project will include dedicated leftturn-lanes as appropriate and will also require the modification of existing traffic signals. The alignment will generally conform with the adopted Plan Line for Mountain View. Where practical,existing travel lanes may remain in placeto be widened and to receivean overlay.Existing cross streets at intersections will be reconstructed to the extent necessary to appropriately match the improvements made to Mountain View Avenue.The Project will also involve work necessary to reconstruct Irrigation District facilities impacted by the Project.Since it is unlikely that the construction of the projects within the County of Fresno and within the County of Tulare will occur concurrently,close coordination will be required between these agencies with respect to the point where the projects must meet at the County line.A cooperative agreement between these agencies may be necessary to establishthe responsibility forthe construction ofany temporary transition paving and ofthe ultimate improvements in this area. Right-of-way will be acquired to the extent necessary to construct the roadway as planned.This will include the acquisition of some additional road right-of-way beyond the plan line,as well as irrigation easements and temporary construction easements beyond the plan line as indicated in the approved environmental documents.The project will involve the acquisition of several residential structures in their entirety.It is anticipated that at least seven residential displacements will occur as a result ofthe Project,though this number may increase or decrease as determined during the right-of-way acquisition and negotiation process. The construction of the Project will include contract construction,in phases as described below,and will include construction engineering,inspection,construction surveying and materials testing necessaryto complete the Project. 1 Measure "C"Short-Range Regional Transportation Program \Rural Project I/A3 Scope—Exhibit A3 Project Purpose The purpose of this Project is to provide congestion relief to improve traffic flow on the regional transportation and circulation system in the southern partof Fresno County.Completion of this Project and ofthe Avenue 416 /El Monte Way projects planned by the County of Tulare and the City of Dinuba,respectively,will result in a continuous four-lane facility from State Route99 tothe town ofOrosi east ofthe City of Dinuba. Transportation Benefit The Project is expected to reduce traffic congestion,thereby improving travel time and providing enhanced safety. Implications of Not Doing the Project Itwas determined in various traffic studies that the existing number of travel lanes along Mountain ViewAvenue will not be sufficient to accommodate the traffic demands by the Year 2030.According to the traffic study conducted by the County of Fresno,the expected volume along the Project in the Year 2030 will be 18,200 vehicles per day.Based onthe expected future volumes,without the Project,the Level of Service (LOS)is expected to be LOS "E"for the PM peak hour. With the Project, the expected LOS is projected to be LOS "A". Community Engagement Residents and property owners havebeen informed ofthe Project status via public information meetings conducted by the County of Tulare and by the County of Fresno.Additional community outreach will be conducted onan ongoing basis by appropriate means,which will include meetings with and mailings to individual property owners and coordination with the Authority's Office of the Advocate. Construction Staging The Project will be constructed in 3 phases;1.)clearing and grubbing 2.)house demolition 3.)irrigation facilities and road construction.Phased construction is necessary to accommodate irrigation water deliveriesand utility relocation. Detours No off-site detours are anticipated at this time. Current Status Funding for the Construction phase of the project is likely to be authorized in mid-August.Construction is expected to start in March 2016. Contact For inquiries,you may contact Mohammad Alimi,P.E.,Design Engineer,Department of Public Works and Planning at (559)600-4109. Measure "C"Short-Range Regional Transportation Program \Rural Project I/A3 Funding Program -Exhibit C3 //w^jjjS^EXHIBIT C3-PROJECT FUNDING PROGRAM Project I/A3 -Mountain View Avenue Widening -«-H 1 r-H 1—I 1 r—I 1 r—I HH 1 r—I 1 HH r—I 1 HH 1 h—I r—H 1 HH 1 r—I 1 I »- Responsible Agency County ofFresno Project Limits The project limits include 4.0 milesofadded travel lanes on Mountain View Ave.between Bethel Ave.and the Tulare County Line. Project Phase H Phase 1 -Preliminary Engineering [Includes PreliminaryDesign/Engineering (PS&E)and Environmental] \Z1 Phase 2 -Right-of-Way Acquisition E Phase 3 - Construction [Includes Project Construction &Construction Management] Contact For inquiries,you may contact Mohammad Alimi,Design Engineer with the County of Fresno Department of Public Works and Planning,at (559)600- 4109. Funding Program ($23,538,000 Measure CExtension Funds)Dollarsare inmillions (Double click on Table on the following page to complete for all Project phases -It is important for the Authority to understand the funding program for the entire Project;not just the Project phase(s)that is checkedaboveandthe subject ofthisAgreement). FRESNOCOUNTYTRANSPORTATION AUTHORITY Measure "C"Short-Range Regional Transportation Program \Rural Project IIA3 Funding Program -Exhibit C3 1— PROJECT PHASE START YEAR END YEAR PRIOR COST &FUNDING jTOTAL COST ^V'f j 2009 2015 $0,000 $0,997 SO.000 $0,960 $0,000 $0,000 $0,000 $1,957 FUNDING PROGRAM Measure "C"Original Program SO 000 Measure "C"Extension S0.997 $0,960 $1,957 RTMF $0,000 STIP $0,000 TCRP $0,000 Local Development Fees $0,000 Federal Aid $0,000 OtherState (Specify)$0,000 Other Local (Specify)$0,000 Other Local (Specify)$0,000 Other Local (Specify)$0,000 TOTAL FUNDING PHASE 1:$0,000 $0,997 $0,000 $0,960 $0,000 $0,000 $0,000 $1,957 TOTAL COST &FUNDING2014/15 2015/16 2016/17|2007-2011 2009 2015 $3,397 $0,000 $0,260 $0,000 $0,000 $0,000 $3.657| Measure "C"Original Program $0,000 Measure "C"Extension S3 397 $0,260 $3,657 RTMF $0,000 STIP $0,000 FCRP S0.000 LocalDevelopment Fees S0.000 Federal Aid $0,000 Other State (Specify)$0,000 Other Local (Specify)$0,000 Other Local (Specify)$0,000 Other Local (Specify)$0,000 TOTAL FUNDING PHASE 2:$0,000 $3,397 $0,000 $0,260 $0,000 $0,000 $0,000 $3,567 PROJECT PHASE START YEAR END YEAR PRIOR COST &FUNDING TOTAL COST &FUNDING2007-2011 2012/13 2013/14 2014/15 2015/16 2016/17 2012 2017 $0,000 $0,553 $3,171 $0,000 $14,200 $0,000 $17,924 Measure "C"Original Program $0,000 Measure "C"Extension $0,553 $3,171 $14,200 $17,924 RTMF $0,000 STIP $0,000 FCRP SO 000 Local Development Fees $0,000 Federal Aid $0,000 Other State (Specify)$0,000 Other Local (Specify)$0,000 Other Local (Specify)$0,000 Other Local (Specify)$0,000 TOTAL FUNDING PHASE 3:|$0,000 $0,000 $0,553 $3,171 $0,000 $14,200 $0,000 $17,924 TOTAL FUNDING ALL PHASES:$0,000 $4,394 $0,553 $4,391 $0,000 $14,200 $0,000 $23,538 *)Preliminary Engineenng:Preliminary Design/Engineering fPS&E),Environmental '2 Right-of-Way Acquisition '3 Project Construction &Construction Management