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HomeMy WebLinkAboutCity of Clovis - 1st Amendment to Agreement on 8/22/2006 Shephard and Willow Ave intersection Improvements - 2008CRY OF FRESNO City Clerk's Office (Original) FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement ("First Amendment") is entered into by and between the City of Clovis, a California municipal corporation ("CLOVIS") and the City of Fresno, a California municipal corporation ("FRESNO"), and is effective as of this —c274% day of 2008. RECITALS WHEREAS, on August 22, 2006, CLOVIS and FRESNO entered into an Agreement (the "Agreement") setting forth the terms and conditions for the joint improvement of the Shepherd Avenue and Willow Avenue intersection ("Project"); and WHEREAS, the Agreement describes the funding sources for the Project, including the estimated matching contributions from CLOVIS and FRESNO; and WHEREAS, in accordance with the terms of the Agreement, CLOVIS is required to conduct all right-of-way negotiations with property owners and complete all property acquisition for the property needed for the Project, including such property located within the Fresno city limits; and WHEREAS, CLOVIS and FRESNO desire to amend and supplement the terms and conditions governing the estimated right-of-way acquisition funds for the Project. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which are a substantive part of this First Amendment, CLOVIS and FRESNO agree that the Agreement be amended as follows: 1. Amendment to Section 6 of the Agreement. Section 6 of the Agreement shall be amended and supplemented so as not to limit the use of right-of-way acquisition funds to 50% each for CLOVIS and FRESNO. The federal (CMAQ) share of the estimated right-of-way acquisition cost is $325,622.34. The estimated right-of-way matching funds from CLOVIS and FRESNO are $73,177.66 ($36,588.83 each). The parties acknowledge that the right-of-way acquisition costs for the Project may not be equally proportioned between the property acquired in the Fresno city limits and the property acquired in the Clovis city limits, and the full estimated CMAQ right-of-way acquisition funds shall be available for the property acquisition costs in connection with the Project, without regard to the jurisdictional location of the property acquired. The parties' respective matching shares for the right-of-way acquisition costs shall be prorated based on the percentage the acquisition costs for the property acquired in each jurisdiction bears to the CMAQ share of funds. 2. All Other Terms Remain in Effect. All other terms of the Agreement shall remain in full force and effect, and shall be interpreted so as to give full force and effect to this First Amendment. IN WITNESS WHEREOF, the parties have executed this First Amendment to Agreement as of the date set forth above. CLOVIS: CITY OF CLOVIS, a California municipal corporation By: Kathy Millison, City Manager ATTEST: By: JAHolt, isCity Clerk APPROVED AS TO LEGAL FORM David J. Wolfe, Clovis City Attorney ::0DMA1 WORLDOXU:IW DOCS10061110031AGM0164035.DOC FRESNO: CITY OF FRESNO, a California municipal corporation By: 'Scott Mozier, City Engi eer ATTEST: By: Rebecca E6401sch, Fresno City Clerk APPROVED AS TO LEGAL FORM James C. Sanchez, Fresno City Attorney Stacie L. Melikian, Deputy May 13, 2008 Council Adoption: 5/13/08 Mayor Approval: TO: MAYOR ALAN AUTRY RECEIVED Mayor Veto: FROM: REBECCA E. KLISCH, � Y 22 PM 2: 18 Override Request: City Clerk CITY CLERH, FRESNO CP SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the Council meeting of 5/13/08, Council took legislative action entitled Appv 1st amndmnt to agrmnt w/City of Clovis, Willow Ave/Shepherd Ave intersection impvmnt project, Item No. 1 D, by the following vote: Ayes Calhoun, Dages, Duncan, Perea, Sterling, Westerlund, Xiong Noes None Absent None Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before May 23, 2008. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. Thank you. PPROVED VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) 4 an Autry, Mayor COUNCIL OVERRIDE ACTION: Ayes Noes Absent Abstain Date: City of FROM REPORT TO THE CITY COUNCIL May 13, 2008 FROM: PATRICK N. WIEMILLER, Director �� Public Works Department AGENDA ITEM NO. I D COUNCIL MEETING: 5/13/08 APPROVED BY DEPARTMENT IR OR CITY L/ BY: SCOTT L. MOZIER, PE, City Engineer/Assistant DirectorY� Public Works Department, Engineering Division SUBJECT: APPROVE THE FIRST AMENDMENT TO AN EXISTING AGREEMENT WITH THE CITY OF CLOVIS FOR THE WILLOW AVENUE AND SHEPHERD AVENUE INTERSECTION IMPROVEMENT PROJECT KEY RESULT AREA Presented to City Council Date 5)13)08 Disposition One Fresno and Financial Management a6lol� RECOMMENDATION Staff recommends that the City Council approve the first amendment to an existing agreement with the City of Clovis for the Willow Avenue and Shepherd Avenue Intersection Improvement Project; and authorize the Public Works Director to execute the amendment to agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY On August 2, 2006, the cities of Fresno and Clovis entered into an interagency agreement for the widening and signalization of the intersection of Willow Avenue and Shepherd Avenue. Willow Avenue is the boundary between the two cities, the west side being within the jurisdiction of the City of Fresno. The City of Fresno is the lead agency on this grant project that was awarded by the Fresno County Council of Governments (COG) under the Federally -funded Congestion Mitigation and Air Quality (CMAQ) program. In accordance with the executed interagency agreement, Fresno is the lead on the project management, design, bidding and construction management for the project, with Clovis handling the right-of-way acquisition. Staff is now recommending the Council approve an amendment to the agreement to allow for the grant dollars allocated specifically for right-of-way acquisition to be spent on the east side of the street in Clovis, since as a result on successful resolution of the previous Sugar Pine Trail dispute was no right-of-way acquisition required by this project on the west side of Willow Avenue. The amendment stipulates that if Clovis experiences any cost overruns in excess of the grant for their right-of-way acquisition, these costs will be borne exclusively by the City of Clovis and not by the grant or the City of Fresno. The local matching funds provided by the City of Fresno for this joint project will remain the same as previously committed in the original agreement. Approval of the " SUBJECT TO MAYOR'S VETO REPORT TO THE CITY COUNCIL Approve First Amendment to Existing Agreement with the City of Clovis Willow Avenue and Shepherd Intersection Improvement Project May 13, 2008 Page 2 amendment to agreement will allow the right-of-way phase to be completed and for staff to request Caltrans authorization to proceed with bidding and construction of the project. Construction is anticipated to begin in Fall 2008. KEY OBJECTIVE BALANCE The project best balances the three Key Objectives of Customer Satisfaction, Employee Satisfaction, and prudent Financial Management. Customer Satisfaction will result from improved traffic flow thru the intersections, improved safety for school children and pedestrians, and improved air quality by phasing the traffic signals at the intersections. Employee Satisfaction is derived from completion of this much needed project. Prudent Financial Management objectives are achieved by working with the City of Clovis to utilize the grant dollars where needed at the intersection for the mutual benefit of both agencies and the traveling public. BACKGROUND On August 2, 2006, the City of Fresno entered into an agreement with the City of Clovis to install a new traffic signal at the intersection of Willow Avenue and Shepherd Avenue through a street construction project consistent with Congestion Mitigation and Air Quality (CMAQ) grant funding. Because the intersection is half within the jurisdiction of the City of Clovis and the City of Fresno, it was mutually agreed that each city will contribute towards the project and work as one joint construction project. Each respective agency shall be responsible for preparing necessary environmental clearance for within their own jurisdiction. The City of Fresno will take the lead on the design, but the City of Clovis will conduct all right-of-way negotiation with individual property owners both within the jurisdiction of the City of Clovis and the City of Fresno. Also, in the agreement it was specified that all costs associated with this project would be split 50% to each respective city and any cost overrun would be prorated based on construction cost ratio. During the course of acquiring the necessary right-of-way with the City of Clovis, it was determined that it would benefit each city if we modify the section that pertains to the cost reimbursement for the right-of-way acquisition. No right-of-way is now required on the west side of the intersection as a result of successful resolution of the previous Sugar Pine Trail dispute. Therefore, the right-of- way funding provided by the grant can be fully utilized to address the cost of acquiring the right-of- way needed at the northeast and southeast comers in order to widen and signalize this critical intersection. For this reason staff of the City of Fresno and the City of Clovis have mutually agreed to amend the existing agreement. The City of Fresno will still contribute the full amount of local matching funds we have allocated for the joint project, but any cost overruns in the right-of-way phase will be borne exclusively by the City of Clovis. The agreement has been reviewed and approved by both by the City Attorney's Office for both agencies. REPORT TO THE CITY COUNCIL Approve First Amendment to Existing Agreement with the City of Clovis Willow Avenue and Shepherd Intersection Improvement Project May 13, 2008 Page 3 FISCAL IMPACT The City's contribution to match the Federal CMAQ grant dollars is already committed and will come from Proposition 1B funds in the amount of $36,588.83. There will be no impact to the General Fund as a result of amending the interagency agreement. PNW/SLM/SS/eam Appw 1° Amd to Agr Willow -Shepherd Intemec Impry 5-13-08 Attachment: First Amendment to Agreement