HomeMy WebLinkAboutCity of Clovis - Installation of a new traffic signal at the intersection of Willow Ave & Shepherd Ave 8/22/20061
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AGREEMENT
Y
THIS AGREEMENT, made and entered into this yl,. day of
2006, by and between the City of Clovis, a municipal corporation, hereinafter called
CLOVIS, and the City of Fresno, a municipal corporation, hereinafter called FRESNO.
RECITALS:
WHEREAS, CLOVIS and FRESNO recognize the need for the installation of 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 (CMAQ 5060-116) incorporated herein, and
WHEREAS, the intersection of Willow Avenue and Shepherd Avenue is half within
the jurisdiction of FRESNO and half within the jurisdiction of CLOVIS; and
WHEREAS, CLOVIS and FRESNO, while maintaining their respective jurisdictions,
recognize it will be of mutual benefit to CLOVIS and FRESNO to efficiently perform the
work as one joint construction project, upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed as follows:
AGREEMENT:
1. FRESNO and CLOVIS agree that the installation of a new traffic signal at the
intersection of Willow Avenue and Shepherd Avenue, shall be performed as a single
construction project to be administered by FRESNO, with CLOVIS to make certain
contributions toward the project, as set forth below and shown on the attached 'ROLES
AND RESPONSIBILITIES' list.
2. FRESNO shall provide to CLOVIS, for CLOVIS' review and approval,
appropriate plan information concerning that portion of work to be performed within
CLOVIS' area of jurisdiction. Staff cost for such review and approval shall be included in
the total project cost and subject to reimbursement from project funds.
3. Each of the parties hereto shall bear an agreed upon share of the cost of the
construction project as shown on the attached 'INTERSECTION IMPROVEMENT
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1 PROJECT, SHEPHERD AND WILLOW AVENUES, ESTIMATED PROJECT COST.' Such
2 costs include, but are not limited to, design, right-of-way acquisition, construction, and
3 construction inspection services. The parties agree that under the 2004 Federal
4 Transportation Improvement Program (FTIP), also attached, the estimated cost for this
5 project is Two Million, One hundred Seventy Nine Thousand, Nine Hundred Dollars and
6 No/100 cents ($2,179,900.00). Federal participation is One Million, Seven Hundred
7 Seventy Nine Thousand, Nine hundred Dollars and No/100 cents ($1,779,900.00), and
8 each City's (both CLOVIS and FRESNO) share shall be Two hundred Thousand Dollars
9 and No/100 cents ($200,000.00). CLOVIS' share shall be payable to FRESNO, upon
10 invoice, following project completion. Construction cost overruns shall be shared based
11 on pro -rated construction cost ratio (cost of work done within an agency's jurisdiction to
12 total project cost).
13 4. FRESNO shall furnish all design engineering, field inspection and testing as
14 necessary for performance of the construction project work. CLOVIS will provide periodic
15 inspection/construction coordination of work within CLOVIS' jurisdiction being performed by
16 FRESNO. Staff cost to provide such periodic inspection/construction coordination shall be
17 included in the total project cost and subject to reimbursement from project funds.
18 5. FRESNO shall provide the environmental documents/studies required for the
19 project (National Environmental Policy Act (NEPA)). Both FRESNO and CLOVIS shall
20 provide the environmental documents/studies required within their jurisdictions (includes
21 but not limited to California Environmental Quality Act (CEQA)). Staff cost for such
22 environmental documents/studies shall be included in the total project cost and subject to
23 reimbursement from project funds.
24 6. The design engineer (FRESNO) shall furnish legal descriptions and drawings
25 for all right-of-way to be acquired for the project. These legal descriptions and drawings
26 shall be approved by both FRESNO and CLOVIS. CLOVIS shall acquire property
27 appraisal(s) based on these approved legal descriptions. FRESNO shall review and
28 approve these property appraisal(s). CLOVIS will conduct all right-of-way negotiations with
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1 property owner(s), complete property acquisition(s), and open escrow with a title company.
2 Both FRESNO and CLOVIS shall deposit payment(s) with the title company in the amount
3 agreed upon in the purchase contact(s) for the right-of-way purchased within their
a jurisdictions. Such payment(s) are subject to prorata reimbursement to FRESNO and
5 CLOVIS within the scope of the CMAQ funds provided for right-of-way acquisition.
6 Improvements (or work items) required by the purchase contract(s) shall be included on the
7 Plans and within the Specifications for the project.
8 7. It is understood that both the Director of Public Works of FRESN nd the
9 City Engineer of CLOVIS shall jointly approve necessary chan es to th ans and
10 specifications during construction of the project 9 06
11 8. CLOVIS shall issue a "NO FEE" encroachment permit for that work done
12 within CLOVIS' area of jurisdiction. The contractor for the project shall apply for and obtain
13 the encroachment permit from CLOVIS. CLOVIS shall be reimbursed the cost of labor for
14 11 construction inspection/coordination from Federal funding allocated for construction. Staff
15 cost for such construction inspection/coordination shall be included in the total project cost
16 and subject to reimbursement from project funds.
17 9. FRESNO shall be the responsible agency for traffic signal timing and traffic
18 signal operations at this location. Both FRESNO and CLOVIS will share equally (50/50) in
19 any future maintenance cost (including, but not limited to, labor, materials, and utility cost).
20 11 This Section shall survive expiration or termination of this agreement
21 10. FRESNO agrees to indemnify, save, hold harmless, and at CLOVIS' request,
22 defend CLOVIS, its officers, agents and employees from any and all costs and expenses,
23 damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
24 corporation who may be injured or damaged by the performance, or failure to perform, of
25 FRESNO, its officers, agents and employees, under this Agreement. This Section shall
26 survive expiration or termination of this Agreement
27 11. CLOVIS agrees to indemnify, save, hold harmless, and at FRESNO's
28 request, defend, FRESNO, its officers, agents and employees from any and all costs and
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1 expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
2 firm, or corporation who may be injured or damaged by the performance, or failure to
3 perform, of CLOVIS, its officers, agents and employees, under this Agreement. This
4 Section shall survive expiration or termination of this Agreement
5 12. The provisions of this Agreement are severable. The invalidity or
6 unenforceability of any one provision in this Agreement shall not affect the other provisions.
7 13. Each party acknowledges that it has read and fully understands the content
8 of this Agreement. This Agreement represents the entire and integrated agreement
9 between the parties with respect to the subject matter hereof and supersedes all prior
10 negotiations, representations or agreements, either written or oral. This Agreement may
11 be modified only by written instrument duly authorized and executed by both FRESNO and
12 1 CLOVIS.
13 14. Within sixty (60) calendar days following the completion and acceptance of
14 the project, FRESNO shall furnish to CLOVIS a set of AS -BUILT plans.
15 15. TERMINATION: This agreement shall remain in full force and effect until
16 amended by mutual consent of the parties hereto or terminated by mutual consent of the
17 parties, subject to and consistent with CMAQ grant requirements, and necessary approval
18 from COG.
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1 I IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
2 11 and year first herein above written.
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4 11 CITY OF FRESNO
5 (FRESNO)
6 BY:
MIKE KIRN, PE, AS IS IANT DIRECTOR,
7 DEPARTMENT OF PUBLIC WORKS
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9 APPROVED AS TO LEGAL FORM
10 �
BY: /_
11 JAMES C. SAN HEZ,
12
J#?�ITY ATTORNEY
13
14 ATTEST: REBECCA E. KLISCH
15 CITY CLERK
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CITY OF CLOVIS
(CLOVIS)
BY:
STEVEN . W I"
CITY ENGINEER
REVIEWED AND RECOMMENDED FOR
APPROVAL
BY:
JOI
DEI
CES DIRECTOR
J J
APPROVED AS TO LEGAL FORM
4 ���
• � •. i�
SHEPHERD / WILLOW CMAQ PROJECT
SIGNALIZATION AND WIDENING
ROLES AND RESPONSIBILITIES
General Clovis Fresno
Lead agency with COG and Caltrans Local Assistance
0i e, FTIP, E -76's, Award Pkg., Invoicing to Caltrans
Local Programs Accounting, Obligation Plan, Close-out,
etc)
X
All propertyowner contacts X
Prepare cooperative agreement (funding, construction,
future maintenance, etc., plus Clovis being authorized
to act on Fresno's behalf in R/W acquisition)
X
Review and execute cooperative agreement X
X
Cooperative agreement approval by Councils X
X
Submit invoices to Fresno for cost incurred X
Reimburse Clovis, based on invoice cost for allowable
reimbursable work done, from project funds
X
Environmental
CEOA documents for each jurisdiction X
NEPA/PES
X
X
Engineering Design
Topo Survey
X
Preliminary ultimate layout of improvements X
Prepare geometric approval drawing including
transitions using actual topo
X
Prepare roadwa & si nal plans
Review plans at 30%,, 60%,, 90%, and 100% X
X
X
Right -of -Way
Obtain prelimina title reports X
Provide CAD drawin of existing and proposed RNV
X
Prepare deed drawin s m each Jurisdiction X
X
Hire an appraiser X
Review appraisals X
X
Prepare offer letter & handle all RNV negotiations X
Council item to acquire street easements X
X
Advertise & Award Project
Advertise Notice Inviling Bids
X
Accept and O en Bids
X
Award Bid
X
Inspection & Contract Administration
Overal contract administration & hiring of testin lab
Overall pro ect inspection
X
X
Construction stakin
X
Jurisdictional inspection /coordination between a encies x
X
INTERSECTION IMPROVEMENT PROJECT
SHEPHERD AND WILLOW AVENUES
ESTIMATED PROJECT COST
Listed below are the estimated project cost to provide:
a. Right -of -Way Acquisition,
b. Traffic Signal,
c. Street Improvements,
d. Construction Management, and
e. Environmental reviews/approvals
From the 2004 Federal Transportation Improvement Program:
(Local Match is 11.47% shared between both Fresno and Clovis)
Notes:
TOTALS 2,179,900.00 1,779,900.00 200,000.00 200,000.00
Including environmental review / reports cost.
" Including construction related environmental mitigation measures.
TB: C: D Drive: Projects: Shepherd Willow: Agreement Estimate Rev3.xls
T. Barker Revised: February 14, 2006
Revised: February 15, 2006
Revised: March 28, 2006
Revised: March 29, 2006
TOTAL
FEDERAL
CLOVIS
FRESNO
'Preliminary Engineering Cost:
COST
PARTICIPATION
MATCH
MATCH
131,700.00
107,533.74
12,083.13
12,083.13
Right -of -Way Cost:
398,800.00
325,622.34
36,588.83
36,588.83
"Construction and Construction Management:
1,649,400.00
1,346,743.92
151,328.04
151,328.04
Notes:
TOTALS 2,179,900.00 1,779,900.00 200,000.00 200,000.00
Including environmental review / reports cost.
" Including construction related environmental mitigation measures.
TB: C: D Drive: Projects: Shepherd Willow: Agreement Estimate Rev3.xls
T. Barker Revised: February 14, 2006
Revised: February 15, 2006
Revised: March 28, 2006
Revised: March 29, 2006
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City of
PRESWO REPORT TO THE CITY COUNCIL
July 25, 2006
FROM: SCOTT KRAUTER, PE, Interim Design Services Manager �' ���
Public Works Department , �} %F
BY: MICHAEL W. HOLLY, PE, Project ManagLer. i' I I .�
Public Works Department 4,` a "` o
Axj
SUBJECT: APPROVE A JOINT AGREEMENT BETWEEN THE CITIES OF FRESNO AND
CLOVIS FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT
WILLOW AND SHEPHERD AVENUES (COUNCIL DISTRICT NO. 6)
KEY RESULT AREA
Customer Satisfaction/Financial Management/Public Safety, KRA Code 0101001000.
RECOMMENDATIONS
• Staff recommends approval of a Joint Agreement between the cities of Fresno and Clovis
for construction of intersection improvements at Willow and Shepherd Avenues.
• Authorize the City Manager, or his designee, to sign the Joint Agreement on behalf of the
City.
Funding for this project is included in the FY 2007 budget.
EXECUTIVE SUMMARY
Fresno and Clovis recognize the need to improve the intersection of Willow and Shepherd
Avenues, and efficiently perform the work as a single construction project. The west half of the
intersection is within Fresno's sphere of influence and the east half is within Clovis' sphere of
influence. Fresno applied for, and was awarded, Federal funding under the Congestion
Mitigation and Air Quality Program (CMAQ) to install traffic flow improvements at the
intersection. Fresno invited Clovis to participate in the project, and as a result, the proposed
Joint Agreement outlining each agency's duties and responsibilities was drafted. The Joint
Agreement also contains language regarding participation costs of each agency. The drafted
Joint Agreement has been approved as to form by both Fresno's and Clovis' legal staffs. On
May 1, 2006, the Clovis City Council approved the Joint Agreement and authorized its City
Engineer to execute an agreement on behalf of Clovis.
Presented to City CaLrd l
.SUBJECT TO MAYOR'S VETO Date ;Z
I Disposition ✓ CcA,1)�
Report to the City Council
Willow -Shepherd Joint Agreement
July 25, 2006
Page 2
KEY OBJECTIVE BALANCE
The approval of the Joint Agreement best balances the Key Objectives of Customer Satisfaction,
Financial Management and Employee Satisfaction. The project will contribute mostly to
customer satisfaction by improving traffic flow upon completion of the project. Financial
Management objectives are achieved from mutual benefit of efficiently performing the work as a
single project. Employee Satisfaction will be derived by the improved operation and added
safety associated with the intersection improvements.
The project is located within the boundary of City Council District 6.
BACKGROUND
Shepherd Avenue between Clovis and Fresno is a two lane roadway for east and westbound traffic.
Willow Avenue is a two lane roadway for north and southbound traffic. During peak hours,
intersection congestion creates high levels of delays. The City of Fresno applied for and was
awarded Federal funding under the Congestion Mitigation and Air Quality Program (CMAQ) to install
improvements at the intersection of Shepherd and Willow Avenues. These improvements include,
but not limited to, the installations of a traffic signal, median islands, curb returns with wheelchair
ramps, and transition pavement. Fresno has requested the City of Clovis to participate in the project
since portions of the intersection are within the City Limits and in our sphere of influence.
To allow the project to proceed, a joint agreement was developed to outline agency roles and
responsibilities, and insure fair disbursement of the CMAQ funds. Generally, the agreement indicates
the City of Fresno is the lead agency to award and administer the contract. The City of Clovis will
review the plans, perform environment studies, conduct right-of-way acquisition(s), issue permits,
and perform inspections within the City of Clovis jurisdiction.
Traffic flow at the intersection is regulated by four-way stop signs. Orchards exist at the northeast
and northwest comers, and an agri-business (P -R Farms) is located on the southwest corner. The
southeast corner of the intersection has a rental house on the property. The house and water
storage building are within the ultimate right-of-way configuration of the intersection. The property
owner has indicated a desire to maintain the rental property. Tentative layout designs have been
developed which allow the rental property to remain until the comer property is developed.
Fresno has Federal approval to begin design. Part of the design work is environmental
documentation, which is currently underway. Staff is also in the process of hiring an engineering
consultant to prepare construction documents for the project. Fresno has also applied for
authorization to begin right-of-way acquisition. Right-of-way acquisition is expected to be completed
within this fiscal year and construction in the 2007-2008 fiscal year.
The City of Fresno is the lead agency on the project. The Federal reimbursable funding for the
project is provided to the City of Fresno. The joint agreement outlines the duties, responsibilities, and
reimbursable cost for the project.
Report to the City Council
Willow -Shepherd Joint Agreement
July 25, 2006
Page 3
FISCAL IMPACT
The 2004 Federal Transportation Improvement Program (FTIP) shows the City of Fresno as the
contracting agency to improve traffic operations and relieve congestion at the intersection of
Shepherd and Willow Avenues. To accomplish these goals, Fresno proposes to install a traffic
signal, median islands, curb returns with wheelchair ramps, and transition pavement. CMAQ
funds in the amount of one million seven hundred seventy-nine thousand nine hundred dollars
($1,779,900) has been set as the Federal participation amount. Clovis and Fresno will provide
the local matching funds (totaling $400,000) and any cost of the project that exceed the project
estimated cost of two million one hundred seventy-nine thousand nine hundred ($2,179,900).
Funding for this project is included in the FY 2007 budget.
DH/MTK/MWH/eam
Appry A Agrmt btw Fresno -Clovis Re Willow -Shaw Impry 072506
Attachments: Copy of Joint Agreement
Copy of Clovis Report to the City Council
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2s
AGREEMENT
THIS AGREEMENT, made and entered into this day of
2006, by and between the City of Clovis, a municipal corporation, hereinafter called
CLOVIS, and the City of Fresno, a municipal corporation, hereinafter called FRESNO.
RECITALS:
WHEREAS, CLOVIS and FRESNO recognize the need for the installation of 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 (CMAQ 5060-116) incorporated herein, and
WHEREAS, the intersection of Willow Avenue and Shepherd Avenue is half within
the jurisdiction of FRESNO and half within the jurisdiction of CLOVIS; and
WHEREAS, CLOVIS and FRESNO, while maintaining their respective jurisdictions,
recognize it will be of mutual benefit to CLOVIS and FRESNO to efficiently perform the
work as one joint construction project, upon the terms and conditions set forth below.
NOW, THEREFORE, it is mutually agreed as follows:
AGREEMENT:
1. FRESNO and CLOVIS agree that the installation of a new traffic signal at the
intersection of Willow Avenue and Shepherd Avenue, shall be performed as a single
construction project to be administered by FRESNO, with CLOVIS to make certain
contributions toward the project, as set forth below and shown on the attached 'ROLES
AND RESPONSIBILITIES' list.
2. FRESNO shall provide to CLOVIS, for CLOVIS' review and approval,
appropriate plan information concerning that portion of work to be performed within
CLOVIS' area of jurisdiction. Staff cost for such review and approval shall be included in
the total project cost and subject to reimbursement from project funds.
3. Each of the parties hereto shall bear an agreed upon share of the cost of the
construction project as shown on the attached 'INTERSECTION IMPROVEMENT
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PROJECT, SHEPHERD AND WILLOW AVENUES, ESTIMATED PROJECT COST.' Such
costs include, but are not limited to, design, right-of-way acquisition, construction, and
construction inspection services. The parties agree that under the 2004 Federal
Transportation Improvement Program (FTIP), also attached, the estimated cost for this
project is Two Million, One hundred Seventy Nine Thousand, Nine Hundred Dollars and
No/100 cents ($2,179,900.00). Federal participation is One Million, Seven Hundred
Seventy Nine Thousand, Nine hundred Dollars and No/100 cents ($1,779,900.00), and
each City's (both CLOVIS and FRESNO) share shall be Two hundred Thousand Dollars
and No/100 cents ($200,000.00). CLOVIS' share shall be payable to FRESNO, upon
invoice, following project completion. Construction cost overruns shall be shared based
on pro -rated construction cost ratio (cost of work done within an agency's jurisdiction to
total project cost).
4. FRESNO shall furnish all design engineering, field inspection and testing as
necessary for performance of the construction project work. CLOVIS will provide periodic
inspection/construction coordination of work within CLOVIS' jurisdiction being performed by
FRESNO. Staff cost to provide such periodic inspection/construction coordination shall be
included in the total project cost and subject to reimbursement from project funds.
5. FRESNO shall provide the environmental documents/studies required for the
project (National Environmental Policy Act (NEPA)). Both FRESNO and CLOVIS shall
provide the environmental documents/studies required within their jurisdictions (includes
but not limited to California Environmental Quality Act (CEQA)). Staff cost for such
environmental documents/studies shall be included in the total project cost and subject to
reimbursement from project funds.
6. The design engineer (FRESNO) shall furnish legal descriptions and drawings
for all right-of-way to be acquired for the project. These legal descriptions and drawings
shall be approved by both FRESNO and CLOVIS. CLOVIS shall acquire property
appraisal(s) based on these approved legal descriptions. FRESNO shall review and
approve these property appraisal(s). CLOVIS will conduct all right-of-way negotiations with
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property owner(s), complete property acquisition(s), and open escrow with a title company.
Both FRESNO and CLOVIS shall deposit payment(s) with the title company in the amount
agreed upon in the purchase contact(s) for the right-of-way purchased within their
jurisdictions. Such payment(s) are subject to prorate reimbursement to FRESNO and
CLOVIS within the scope of the CMAQ funds provided for right-of-way acquisition.
Imorovements (or work items) reouired by the purchase contract(s) shall be included on the
Plans and within the Specifications for the project.
7. It is understood that both the Director of Public Works of FRESNO and the
City Engineer of CLOVIS shall jointly approve necessary changes to the plans and
specifications during construction of the project within CLOVIS' jurisdiction.
8. CLOVIS shall issue a "NO FEE" encroachment permit for that work done
within CLOVIS' area of jurisdiction. The contractor for the project shall apply for and obtain
the encroachment permit from CLOVIS. CLOVIS shall be reimbursed the cost of labor for
construction inspection/coordination from Federal funding allocated for construction. Staff
cost for such construction inspection/coordination shall be included in the total project cost
and subject to reimbursement from project funds.
9. FRESNO shall be the responsible agency for traffic signal timing and traffic
signal operations at this location. Both FRESNO and CLOVIS will share equally (50/50) in
any future maintenance cost (including, but not limited to, labor, materials, and utility cost).
This Section shall survive expiration or termination of this agreement.
10. FRESNO agrees to indemnify, save, hold harmless, and at CLOVIS' request,
defend CLOVIS, its officers, agents and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the performance, or failure to perform, of
FRESNO, its officers, agents and employees, under this Agreement. This Section shall
survive expiration or termination of this Agreement.
11. CLOVIS agrees to indemnify, save, hold harmless, and at FRESNO's
request, defend, FRESNO, its officers, agents and employees from any and all costs and
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expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
firm, or corporation who may be injured or damaged by the performance, or failure to
perform, of CLOVIS, its officers, agents and employees, under this Agreement. This
Section shall survive expiration or termination of this Agreement.
12. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
13. Each party acknowledges that it has read and fully understands the content
of this Agreement. This Agreement represents the entire and integrated agreement
between the parties with respect to the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may
be modified only by written instrument duly authorized and executed by both FRESNO and
CLOVIS.
14. Within sixty (60) calendar days following the completion and acceptance of
the project, FRESNO shall furnish to CLOVIS a set of AS -BUILT plans.
15. TERMINATION: This agreement shall remain in full force and effect until
amended by mutual consent of the parties hereto or terminated by mutual consent of the
parties, subject to and consistent with CMAQ grant requirements, and necessary approval
from COG.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first herein above written.
CITY OF FRESNO:
(FRESNO)
BY:
MIKE KIRN, PE, ASSISTANT DIRECTOR,
DEPARTMENT OF PUBLIC WORKS
APPROVED AS TO LEGAL FORM
BY: I
JAMES C. SAN HEZ,
ICITY ATTORNEY
ATTEST: REBECCA E. KLISCH
CITY CLERK
FEW
2
CITY OF CLOVIS
(CLOVIS)
BY:
STEVEN E. WHITE
CITY ENGINEER
REVIEWED AND RECOMMENDED FOR
APPROVAL
BY:
JOHN R. WRIGHT, PLANNING AND
DEVELOPMENT SERVICES DIRECTOR
APPROVED AS TO LEGAL FORM
BY:
THOMAS J. RIGGS
CITY ATTORNEY
AGENDA ITEM N0:
City Manager:
- CITY OF CLOVIS -
&4 F
REPORT TO THE CITY COUNCIL
TO: Mayor and City Council
FROM: Planning and Development Services
DATE: May 1, 2006
SUBJECT: Approval —For the City Council to authorize the City Engineer to enter into
an agreement with the City of Fresno for the improvement of the
intersection of Shepherd Avenue and Willow Avenue
ATTACHMENTS: (A) Vicinity Map
(B) Copy of the Agreement
CONFLICT OF INTEREST
None
RECOMMENDATION
For the City Council to authorize the City Engineer to execute an agreement on behalf
of the City of Clovis, between the City of Fresno and the City of Clovis, for the
installation of roadway improvements at the intersection of Shepherd Avenue and
Willow Avenue.
EXECUTIVE SUMMARY
The City of Fresno applied for, and was awarded, federal funding under the Congestion
Mitigation and Air Quality Program (CMAQ) to install traffic flow improvements at the
intersection of Shepherd and Willow Avenues. The subject intersection is 50% within
the City of Clovis Sphere of Influence (currently 25% within the Clovis city limits). The
City of Fresno has requested the City of Clovis to participate in the project. The
"Agreement" outlines duties and responsibilities of both agencies. The "Agreement"
also contains language that Clovis' participation cost is subject to Federal
reimbursement through the City of Fresno.
Shepherd Willow Joint Agreement 12:06 PM - 4124/2006 Page 1 of 3
City Council Report
Shepherd and Willow Improvements
May 1, 2006
The City Engineer will execute the agreementbetween the cities on behalf of the City of
Clovis and approve any changes to the plans and/or specifications for the project.
BACKGROUND
Shepherd Avenue between Clovis and Fresno is a two lane roadway for east and
westbound traffic. Willow Avenue is a two lane roadway for north and southbound
traffic. During peak hours, intersection congestion creates high levels of delays. The
City of Fresno applied for, and was awarded, federal funding under the Congestion
Mitigation and Air Quality Program (CMAQ) to install improvements at the intersection
of Shepherd and Willow Avenues. These improvements include, but are not limited to,
the installations of a traffic signal, median islands, curb returns with wheelchair ramps,
and transition pavement. Fresno has requested the City of Clovis to participate in the
project since portions of the intersection are within the city limits and in our sphere of
influence.
To allow the project to proceed more smoothly, a joint agreement was developed to
outline agency roles and responsibilities, and insure fair disbursement of the CMAQ
funds. Generally, the agreement indicates the City of Fresno is the lead agency to
award and administer the contract. The City of Clovis will review the plans, perform
environmental studies, conduct right-of-way acquisition(s), issue permits, and perform
inspections within the City of Clovis jurisdiction.
The southeast corner of the intersection has a rental house on the property. The house
and water storage building are within the ultimate right-of-way configuration of the
intersection. The property owner has indicated a desire to maintain the rental property.
Tentative layout designs have been developed which allow the rental property to remain
until the corner property is developed.
The City of Fresno has federal approval to begin design. Part of the design work is
environmental documentation, which is currently ongoing. Staff has scheduled right-of-
way acquisition to begin next fiscal year (2006-2007) and construction to occur the year
after (2007-2008).
FISCAL IMPACT
The 2004 Federal Transportation Improvement Program (FTIP) shows the City of
Fresno as the contracting agency to improve traffic operations and relieve congestion at
the intersection of Shepherd and Willow Avenues. To accomplish these goals, Fresno
proposes to install a traffic signal, median islands, curb returns with wheelchair ramps,
and transition pavement. CMAQ funds in the amount of One million Seven hundred
Seventy -Nine thousand Nine hundred dollars ($1,779,900) have been set as the federal
participation amount. Clovis and Fresno will provide the local matching funds,
($200,000 from each agency), and fund any additional costs that exceed the project
Shepherd / Willow Joint Agreement 4/25/2006 Page 2 of 3
City Council Report
Shepherd and Willow Improvements
May 1, 2006
estimated cost of Two million One hundred Seventy Nine thousand Nine hundred
dollars ($2,179,900).
Staff has included in the 2006-2007 Streets Community Improvement Program budget
an item to cover the cost of this program. The work will be financed by CMAQ
reimbursements from City of Fresno and Developer Trust Fees.
REASON FOR RECOMMENDATION
The City of Fresno is the lead agency on the project. The federal reimbursable
funding for the project is provided to the City of Fresno. The joint agreement outlines
the duties, responsibilities, and reimbursable cost for the project.
ACTIONS FOLLOWING APPROVAL
The joint agreement will be executed by the City Engineer. A copy of the fully executed
agreement will be filed witKilhe City Clerk.
Prepared by: Tim
Submitted by:
Assistant Engineer
Sts�6n E. White
City Engineer
Shepherd / Willow Joint Agreement 4/24/2006
by:
John K. -Wright, AICP
Director of Planning and
Development Services
Page 3 of 3
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ATTACHMENT B
1 AGREEMENT
2
3 THIS AGREEMENT, made and entered into this day of
4 2006, by and between the City of Clovis, a municipal corporation, hereinafter called
5 CLOVIS, and the City of Fresno, a municipal corporation, hereinafter called FRESNO.
6 RECITALS:
7 WHEREAS, CLOVIS and FRESNO recognize the need for the installation of a new
6 traffic signal at the intersection of Willow Avenue and Shepherd Avenue through a street
s construction project consistent with Congestion Mitigation and Air Quality (CMAQ) grant
10 funding (CMAQ 5060-116) incorporated herein, and
11 WHEREAS, the intersection of Willow Avenue and Shepherd Avenue is half within
12 the jurisdiction of FRESNO and half within the jurisdiction of CLOVIS; and
13 WHEREAS, CLOVIS and FRESNO, while maintaining their respective jurisdictions,
14 recognize it will be of mutual benefit to CLOVIS and FRESNO to efficiently perform the
15 work as one joint construction project, upon the terms and conditions set forth below.
16 NOW, THEREFORE, it is mutually agreed as follows:
17 AGREEMENT:
16 1. FRESNO and CLOVIS agree that the installation of a new traffic signal at the
19 intersection of Willow Avenue and Shepherd Avenue, shall be performed as a single
20 construction project to be administered by FRESNO, with CLOVIS to make certain
21 contributions toward the project, as set forth below and shown on the attached 'ROLES
22 AND RESPONSIBILITIES' list.
23 2. FRESNO shall provide to CLOVIS, for CLOVIS' review and approval,
24 appropriate plan information concerning that portion of work to be performed within
25 CLOVIS' area of jurisdiction. Staff cost for such review and approval shall be included in
26 the total project cost and subject to reimbursement from project funds.
27 3. Each of the parties hereto shall bear an agreed upon share of the cost of the
26 construction project as shown on the attached 'INTERSECTION IMPROVEMENT
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PROJECT, SHEPHERD AND WILLOW AVENUES, ESTIMATED PROJECT COST.' Such
costs include, but are not limited to, design, right-of-way acquisition, construction, and
construction inspection services. The parties agree that under the 2004 Federal
Transportation Improvement Program (FTIP), also attached, the estimated cost for this
project is Two Million, One hundred Seventy Nine Thousand, Nine Hundred Dollars and
No/100 cents ($2,179,900.00). Federal participation is One Million, Seven Hundred
Seventy Nine Thousand, Nine hundred Dollars and No/100 cents ($1,779,900.00), and
each City's (both CLOVIS and FRESNO) share shall be Two hundred Thousand Dollars
and No/100 cents ($200,000.00). CLOVIS' share shall be payable to FRESNO, upon
invoice, following project completion. Construction cost overruns shall be shared based
on pro -rated construction cost ratio (cost of work done within an agency's jurisdiction to
total project cost).
4. FRESNO shall furnish all design engineering, field inspection and testing as
necessary for performance of the construction project work. CLOVIS will provide periodic
inspection/construction coordination of work within CLOVIS' jurisdiction being performed by
FRESNO. Staff cost to provide such periodic inspection/construction coordination shall be
included in the total project cost and subject to reimbursement from project funds.
5. FRESNO shall provide the environmental documents/studies required for the
project (National Environmental Policy Act (NEPA)). Both FRESNO and CLOVIS shall
provide the environmental documents/studies required within their jurisdictions (includes
but not limited to Califomia Environmental Quality Act (CEQA)). Staff cost for such
environmental documents/studies shall be included in the total project cost and subject to
reimbursement from project funds.
6. The design engineer (FRESNO) shall furnish legal descriptions and drawings
for all right-of-way to be acquired for the project. These legal descriptions and drawings
shall be approved by both FRESNO and CLOVIS. CLOVIS shall acquire property
appraisal(s) based on these approved legal descriptions. FRESNO shall review and
approve these property appraisal(s). CLOVIS will conduct all right-of-way negotiations with
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property owner(s), complete property acquisition(s), and open escrow with a title company.
Both FRESNO and CLOVIS shall deposit payment(s) with the title company in the amount
agreed upon in the purchase contact(s) for the right-of-way purchased within their
jurisdictions. Such payment(s) are subject to prorata reimbursement to FRESNO and
CLOVIS within the scope of the CMAQ funds provided for right-of-way acquisition.
Improvements (or work items) required by the purchase contract(s) shall be included on the
Plans and within the Specifications for the project.
7. It is understood that both the Director of Public Works of FRESNO and the
City Engineer of CLOVIS shall jointly approve necessary changes to the plans and
specifications during construction of the project within CLOVIS' jurisdiction.
8. CLOVIS shall issue a "NO FEE" encroachment permit for that work done
within CLOVIS' area of jurisdiction. The contractor for the project shall apply for and obtain
the encroachment permit from CLOVIS. CLOVIS shall be reimbursed the cost of labor for
construction inspection/coordination from Federal funding allocated for construction. Staff
cost for such construction inspection/coordination shall be included in the total project cost
and subject to reimbursement from project funds.
9. FRESNO shall be the responsible agency for traffic signal timing and traffic
signal operations at this location. Both FRESNO and CLOVIS will share equally (50/50) in
any future maintenance cost (including, but not limited to, labor, materials, and utility cost).
This Section shall survive expiration or termination of this agreement.
10. FRESNO agrees to indemnify, save, hold harmless, and at CLOVIS' request,
defend CLOVIS, its officers, agents and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the performance, or failure to perform, of
FRESNO, its officers, agents and employees, under this Agreement. This Section shall
survive expiration or termination of this Agreement.
11. CLOVIS agrees to indemnify, save, hold harmless, and at FRESNO's
request, defend, FRESNO, its officers, agents and employees from any and all costs and
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expenses, damages, liabilities, claims, and losses occurring or resulting to any person,
firm, or corporation who may be injured or damaged by the performance, or failure to
perform, of CLOVIS, its officers, agents and employees, under this Agreement. This
Section shall survive expiration or termination of this Agreement.
12. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
13. Each party acknowledges that it has read and fully understands the content
of this Agreement. This Agreement represents the entire and integrated agreement
between the parties with respect to the subject matter hereof and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may
be modified only by written instrument duly authorized and executed by both FRESNO and
CLOVIS.
14. Within sixty (60) calendar days following the completion and acceptance of
the project, FRESNO shall furnish to CLOVIS a set of AS -BUILT plans.
15. TERMINATION: This agreement shall remain in full force and effect until
amended by mutual consent of the parties hereto or terminated by mutual consent of the
parties, subject to and consistent with CMAQ grant requirements, and necessary approval
from COG.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first herein above written.
CITY OF FRESNO:
(FRESNO)
BY:
MIKE KIRN, PE, ASSISTANT DIRECTOR,
DEPARTMENT OF PUBLIC WORKS
APPROVED AS TO LEGAL FORM
BY:
JAMES C. SANCHEZ,
INTERM CITY ATTORNEY
ATTEST: REBECCA E. KLISCH
CITY CLERK
MIN
5
CITY OF CLOVIS
(CLOVIS)
BY:
STEVEN E. WHITE
CITY ENGINEER
REVIEWED AND RECOMMENDED FOR
APPROVAL
BY:
JOHN R. WRIGHT, PLANNING AND
DEVELOPMENT SERVICES DIRECTOR
APPROVED AS TO LEGAL FORM
BY:
THOMAS J. RIGGS
CITY ATTORNEY
SHEPHERD / WILLOW CMAQ PROJECT
SIGNALIZATION AND WIDENING
ROLES AND RESPONSIBILITIES
General
Clovis
Fresno
Lead agency with COG and Caltrans Local Assistance
(i.e. FTIP, E -76's, Award Pkg., Invoicing to Caltrans
Local Programs Accounting, Obligation Plan, Close-out,
etc)
x
All property owner contacts
X
Prepare cooperative agreement (funding, construction,
future maintenance, etc., plus Clovisbeing authorized
to act on Fresno's behalf in RNJ acquisition)
x
Review and execute cooperative agreement
X
X
agreement approval by Councils
X
X
—Cooperative
Submit invoices to Fresno for cost incurred
X
Reimburse Clovis, based on invoice cost for allowable
reimbursable work done, from project funds
x
Environmental
CEQA documents for each jurisdiction
X
X
NEPA/PES
X
Engineering Design
Too Survey
X
Preliminary ultimate layout of improvements
X
Prepare geometric approval drawing including
transitions using actual topo
x
Prepare are roadwa & signal plans
X
Review plans at 30%, 60%, 90%, and 100%
x
X
Right -of -Way
Obtain preliminary title reports
X
Provide CAD drawing of existing and proposed R/W
x
Prepare deed drawings in each jurisdiction
x
x
Hire an appraiser
x
Review appraisals
x
x
Prepare offer letter & handle all RAN negotiations
x
Council item to acquire street easements
x
x
Advertise & Award Project
Advertise Notice inviting Bids
x
Accept and Open Bids
x
Award Bid
x
Inspection & Contract Administration
Overal contract administration & hiring of testing lab
x
Overall project inspection
x
Construction staking
x
Jurisdictional inspection / coordination between agencies
X
x
INTERSECTION IMPROVEMENT PROJECT
SHEPHERD AND WILLOW AVENUES
ESTIMATED PROJECT COST
Listed below are the estimated project cost to provide:
a. Right -of -Way Acquisition,
b. Traffic Signal,
c. Street Improvements,
d. Construction Management, and
e. Environmental reviews/approvals
From the 2004 Federal Transportation Improvement Program:
(Local Match is 11.47% shared between both Fresno and Clovis)
Notes:
TOTALS 2,179,900.00 1,779,900.00 200,000.00 200,000.00
Including environmental review / reports cost.
" Including construction related environmental mitigation measures.
TB: C: D Drive: Projects: Shepherd Willow: Agreement Estimate Rev 5.xls
TOTAL
FEDERAL
CLOVIS
FRESNO
COST
PARTICIPATION
MATCH
MATCH
`Preliminary Engineering Cost:
131,700.00
107,533.74
12,083.13
12,083.13
Right -of -Way Cost:
398,800.00
325,622.34
36,588.83
36,588.83
"Construction and Construction Management:
1,649,400.00
1,346,743.92
151,328.04
151,328.04
Notes:
TOTALS 2,179,900.00 1,779,900.00 200,000.00 200,000.00
Including environmental review / reports cost.
" Including construction related environmental mitigation measures.
TB: C: D Drive: Projects: Shepherd Willow: Agreement Estimate Rev 5.xls
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July 26, 2006
TO:
FROM:
SUBJECT:
** NO RETURN **
MAYOR ALAN AUTRY
REBECCA E. KLISCH, CMC
City Clerk
Council Adoption: 07/25/06
Mayor Approval:
Mayor Veto:
Override Request:
TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 07125/06, Council took legislative action entitled Appve jt agrmnt
w/Clovis, construction of intersection impvmnts at Willow/Shepherd, Item No. 1F , by
the following vote:
Ayes
Boyajian, Calhoun, Dages, Sterling, Duncan
Noes
None
Absent
Perea, Westerlund
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 August 7, 2006. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10`" 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.
APPROVED:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
Alan Autry, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain