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MEASURE "C''
COOPERATIVE PROJECT AGREEMENT
Short-Term Regional Transportation Program
Milburn Avenue)
This Cooperative Project Agreement ("Agreement") is made and entered into on Mav 29th, 2013, by and between the City of Fresno ("Responsible Agency") and the Fresno County Transportation Authority ("Authority").
RECITALS
WHEREAS, Authority and Responsible Agency desire to enter into an Agreement for funding of a transportation improvement project ("Project") in Fresno County pursuant to the Measure "C" Short-Term Regional Transportation Program Handbook ("Handbook"), and the Fresno County Measure "C" Expenditure plan ("Expenditure Plan"), which was approved by the voters of Fresno County in November 2006; and,
WHEREAS, Responsible Agency desires to receive eligible Measure "C" Regional Transportation Program ("Measure rrC"'') and Regional Transportation Mitigation Fee ("RTMF") funding (as applicable) from the Authority for the transportation improvement Herndon Avenue - Polk Avenue to Milburn Avenue as specified in the Handbook and consistent with the Tier 1 list of Regional Transportation Program projects referenced in the Expenditure plan; and WHEREAS, Authority is authorized to approve Project funding for payment to Responsible Agency in accordance with this Agreement, the Handbook and the Expenditure Plan regarding Herndon Avenue - Polk Avenue to Milburn Avenue; and, WHEREAS, Authority shall provide funding to Responsible Agency for eligible Project costs "not to exceed" $250,000 of Measure "C" funding.
NOw, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:
(Project K11 Urban: Herndon Avenue - Polk Avenue to
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AGREEMENT
SECTION I
Covenants of Responsible Agencv
Responsible Agency agrees to abide by the terms and conditions of this Agreement for the receipt of Measure "C" and RTMF funds (as applicable) and to comply with the Expenditure PIan, Handbook, and adopted Policies and Procedures, as well as any subsequent amendments, updates, or other applicable plans.
1.1 Proiect Scope. Schedule and Fundinq Proqram, The Project scope of work, schedule and funding program, as well as any change thereto such may not be implemented or initiated until it has been approved by the Authority in accordance with the Handbook. For purposes of this Agreement, the Project scope, schedule and funding program is as defined and described in the Handbook and as further described below. The Responsible Agency must demonstrate in the funding program that the Project or Project phase is fully funded.
1.1.1 Proiect Scope. See Attached Exhibit A,
1.1.2 Proiect Schedule. See Attached Exhibit B.
1.1.3 Proiect Fundino Proqram. See Attached Exhibit C.
1.2 Eliqible Proiect Costs. Notwithstanding Section 1,1, the Authority reserves the right to consider on a case by case basis, eligible costs incurred after July 1, 2007 , but before a Responsible Agency has entered into an Agreement with the Authority. Eligible Project costs shall be equal to or less than Measure "C" and RTMF funds (as applicable) allocated to a Project as specified in Section
1.1.3 of this Agreement and in the Handbook. State Transportation lmprovement Program (STIP) or other funding allocations (other than Measure "C" and RTMF) identified in the Handbook are considered "other" contributions available to the Project. The Responsible Agency must match Measure "C" funds with other such funds consistent with the funding program referenced in Section 1.1,3 and consistent with the Handbook and Expenditure Plan. 2Rev 08/15/l 2-authority
1.3 NOTE: Expenses incurred after July 1, 2007, but before a Responsible Agency has entered into an Agreement with the Authority for a currently active project, are incurred at the risk of the Responsible Agency, compliance with California PUC Code 142257, Responsible Agency agrees to the following:
1.3.1 Measure "C" funds will not be used to substitute for property tax funds, which the Responsible Agency had previously used for regional or other transportation purposes. lt is hereby acknowledged by Responsible Agency that such substitution of property tax funds is expressly prohibited by California Public Utilities Code Section 142257.
1.3,2 The Responsible Agency has segregated property tax revenues from its other general fund revenues used to support the Project so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to the Responsible Agency's entire general fund,
1.3.3 Responsible Agency shall account for Project funds received pursuant to Public Utilities Code Section 142257. Responsible Agency shall maintain current records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. Responsible Agency shall make such records available to the Authority for inspection or audit at any time.
Gompliance with Other Laws. ln performance of its obligations relating to administration and completion of the Project, Responsible Agency shall at all times comply with all federal, state and local laws, ordinances and regulations currently in force as well as those that are subsequently enacted, promulgated or amended and thereby become applicable during the term of this Agreement.
Measure "C" Funds Defined, For purposes of this Agreement, eligible Project Measure "C" and RTMF funds (as applicable) are deemed available as of the effective date of this Agreement, Eligible Project costs shall be equal to or less than the amount of funding available for the Project on a fiscal year basis as specified in the Handbook and in Section 1.1.3 of this Agreement, ln no case shall the total amount of Measure "C" or RTMF funds for the Project in the Handbook or referenced in Section 1.1.3 be exceeded without written amendment to this Agreement and to the Handbook.
1.4 1.5
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1.6 lnvoices. The Responsible Agency shall submit invoices to the Authority no more frequently than monthly for activities conducted over the prior unbilled month. These documents shall include the following specified information:
1,6,1 Monitorino Expenditures and Progress Pavments, The Responsible Agency will monitor expenditures and progress payments against the "not to exceed" limits specified in Section 1,1.3 of this Agreement.
1.6.2 Proiect Proqress. lf Project costs have not been invoiced for a six- month period, Responsible Agency agrees to submit a written explanation of the absence of the Project's progress to the Authority, along with a target billing date and a target billing amount.
1.6.3 Direct and lndirect Costs. Responsible Agency may include in the Project invoice, direct and indirect costs of the Project. lndirect costs (as defined by OMB Circular A-87) will be considered an eligible expense,
1.6.4 Copies of lnvoices. Responsible Agency shall provide the Authority with one (1) copy of appropriate source documentation to substantiate Project expenses or costs,
1,6.5 Eliqible Proiect Cost Request Deadline. lnvoices for eligible Project costs incurred by the Responsible Agency shall be submitted to the Authority on the approved form. The appropriation request will specify the use of the funding and the manner in which local matching funds were applied, The Authority's Executive Director will review invoices for accuracy and sufficiency in terms of compliance with the foregoing requirements. Unsatisfactory or inadequate invoices will be returned to the Responsible Agency for correction and resubmission. Upon receipt of a proper invoice, eligible Measure uCu and RTMF funds (as applicable) shall be provided to the Responsible Agency within 45 days. 1,6.6 Use of Funds. Responsible Agency shall use Measure "C" and RTMF funds (as applicable) consistent with the Expenditure Plan, Handbook, and Section 1.1,10f this Agreement.
1.7 Reportins Form. Responsible Agency will indicate in the invoice form, its intent to complete and return the Annual Reporting Form (reference Appendix C in the Handbook) totheAuthority no laterthan October 15tn of each year. lf Rev 08/1 5/1 2-authority
the Responsible Agency does not return the Annual Reporting Form to the Authority by that deadline, the Authority will withhold Measure "C" and RTMF funds (as applicable) until such time as the form is returned by the Responsible Agency and reviewed for correctness by the Authority,
1.8 Gost Savinqs and Excess Costs.
1.8.1 Cost Savinos. After the Project has been accepted by the Responsible Agency as complete, any positive difference between the total Project cost, as approved by the Authority pursuant to Section 1,1.3 and the total amount invoiced to the Authority shall be considered Project cost savings and shall be reprogrammed to other Tier 1 projects by Fresno COG and the Authority as the Handbook is amended or updated.
1.8.2 Excess Costs. ln the event the actual total Project costs exceed the estimate approved by the Authority, this amount will be considered an Excess Cost.
1,8,3 Reconciliation of Excess Costs. ln the event that costs to complete the Project exceed the total amount of funds programmed, the Responsible Agency will be fiscally responsible for the full amount of Excess Costs associated with the Project, unless otherwise agreed by the parties pursuant to Section 2.3.
1.9 Proiect ManaqemenUFormation of Proiect Development Team (PDil, To ensure that the Project is implemented in a timely manner and consistent with the Handbook and Expenditure Plan, a Project Development Team (PDT) shall be formed under the control of the Responsible Agency. The Responsible Agency will form, notice, conduct and administer the PDT for the Project, The PDT formed for the Project shall include a staff member from both the Authority and Fresno COG.
1.10 Award of Proiect, The Responsible Agency shall administer the Project, includíng but not limited to its advertisement and award of all contracts, in accordance with applicable legal requirements as provided above in Section 1,4 and in full conformity with the standards applied by Responsible Agency in the administration of its own road construction projects.
1.11 Maintenance of Proiect Records. Responsible Agency shall maintain complete and accurate records with respect to costs addressed in Section Rev 08/1 5/1 2-authority
1.1.3 of this Agreement. All such records shall be maintained on a generally- accepted accounting basis and be clearly identified and readily accessible, Responsible Agency shall provide free access to the Authority at all times to such books and records. Responsible Agency shall maintain all work data, documents, and proceedings of this Agreement for a period of five (5) years from the date of final audit from the Authority.
1.12 Proiect Groundbreakinq and Ribbon Guttinq Ceremonies. Responsible Agency shall acknowledge Measure "C" funding contribution to the Project at the groundbreaking and ribbon cutting ceremony should the Responsible Agency conduct such a ceremony, Groundbreaking and ribbon cutting ceremonies are encouraged, but not required, The costs of all ceremonies will be considered a project construction expense,
1.13 Proiect Sisnaqe, Responsible agency shall provide signage at construction sites or on equipment, as appropriate, for the projects funded partially or wholly by Measure "C" sales tax revenue included in the Handbook so that Fresno County Taxpayers are informed as to how funds are being used, The signage shall be in conformance with specifications approved by and on file with the Authority, and included in Appendix D in the Handbook.
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SECTION II
Covenants of Authoritv
Authority agrees to provide Measure "C" and RTMF funds to the Responsible Agency for eligible Project costs in accordance with the terms and conditions set forth herein, and in compliance with the Expenditure Plan, the Handbook, all Measure "C" Policies and Procedures, as well as any subsequent amendments or updates, and to other applicable plans and programs,
2.1 Eliqible Proiect Gost Pavments. The Authority shall make payments to Responsible Agency for actual incurred eligible Project costs as specified in Section 1.1,3 of this Agreement and consistent with the Handbook. To receive payments for Project work completed, the Responsible Agency shall comply with the following procedures:
2.1.1 lneliqible Costs, The Authority reserves the right to recover payment from the Responsible Agency if an invoice includes ineligible Project costs.
2.1.2 Payment Amount. The amount of Project payments to the Responsible Agency shall be made pursuant to the Handbook and this Agreement.
2.1.3 Suspension of Pavment, Payments for eligible Project costs shall be suspended without interest when a dispute arises as to whether or not a cost item(s) is eligible for payment.
2.1.3.1Dispute Resolution. All disputes shall be settled in accordance with the laws of the State of California, Once a dispute has occurred, the Authority and Responsible Agency shall attempt to resolve the dispute informally in a mutually agreeable manner.
2.2 Riqht to Gonduct Audit, The Authority shall have the right to conduct an audit of all Responsible Agency's records pertaining to the Project at any time following completion of the Project.
2.2.1 Notice of Audit. The Authority must provide at least 30 days' advance notice to the Responsible Agency if an audit is to be conducted, 7Rev 08/1 5/1 2-authority
2.3 Reconciliation of Excess Costs, Excess project costs to complete a Project are not eligible for reimbursement. The amount of Measure "C" and RTMF funds identified in Section 1.1.3 of this Agreement and in the Handbook are the maximum funds available for reimbursement to the Responsible Agency and will not be exceeded by the Responsible Agency without an approved amendment to this agreement, lf needed for that purpose, the Responsible Agency shall make a written request to the Authority for an amendment to this Agreement, Any such amendment shall constitute an effective modification of this Agreement only if signed and approved by duly authorized representatives of both the Authority and the Responsible Agency,
SECTION III
Mutual Covenants
The Authority is released from any liability to Responsible Agency regarding the Authority's administration and issuance of the Measure "C" and RTMF proceeds except for any breach of Authority's fiduciary duty as set forth in the Expenditure Plan and Handbook.
3.1 Effective Date and Term. This Agreement shall become effective as of the date of its execution by the Authority and Responsible Agency and shall remain in full force and effect through December 31, 2021, unless earlier terminated as provided in Section 3.2 or in Section 3.4 or unless the Agreement's term is extended by amendment in accordance with Section 3.8.
3.2 Discharqe. This Agreement shall be subject to discharge as follows:
3.2.1 Termination of Mutual Consent, This Agreement may be terminated at any time by mutual consent of Responsible Agency and Authority. lf this Agreement is mutually terminated by the parties, Responsible Agency will no longer receive Measure uCu or RTMF funds (as applicable) unless a new agreement between Responsible Agency and Authority is formed.
3.2.2 Discharqe Upon Completion of Proiect, Except as to any rights or obligations which survive discharge as specified in Section 3.14, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Project as certified by the Authority.
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3.2.3 Termination bv Authoritv. The Authority reserves the right to terminate the Agreement at any time by giving written notice to Responsible Agency of such termination and specifying the effective date thereof, lf this Agreement is terminated by the Authority as provided herein, Responsible Agency will be paid for eligible Project costs incurred prior to termination of the Agreement by the Authority consistent with the funding program contained in Section 1.1.3 and in the Handbook, ln that event, all finished or unfinished documents and other materials shall, at the option of the Authority, become its property subject to the terms and conditions of Section 1.11.
3.3 lndemnitv, lt is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Responsible Agency:
3.3.1 Responsible Agency shall fully defend, indemnify and hold harmless Authority, and any officer or employee of Authority, against any and all damages, liabilities, claims and expenses, arising out of Responsible Agency's errors, omissions, negligent acts or willful misconduct during the term of this Agreement, lt is also fully understood and agreed that, pursuant to Government Code Section 895.4, Responsible Agency shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Responsible Agency under this Agreement or in connection with any work, authority, or jurisdiction delegated to Responsible Agency under this Agreement.
3,3.2 Authority shall fully defend, indemnify and hold harmless Responsible Agency, and any officer or employee of Responsible Agency, against any and all damages, liabilities, claims and expenses, arising out of Authority's errors, omissions, negligent acts or willful misconduct during the term of this Agreement, lt is also fully understood and agreed that, pursuant to Government Code Section 895,4, Authority shall fully defend, indemnify and hold the Responsible Agency harmless from any liability imposed for injury as defined by Government Code Section 810,8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement, IRev 08/1 5/1 2-authority
3.4 Limitation. All obligations of the Authority under the terms of this Agreement are expressly subject to the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure "C" and RTMF funds. lf for any reason the Authority's right to collect or expend such sales tax and RTMF proceeds is terminated or suspended in whole or part, the Authority shall promptly notify the Responsible Agency, and the parties shall consult on a course of action. lf, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent; provided, that any future obligation to fund from the date of the notice shall be expressly limited by and subject to (i) the lawful ability of the Authority to expend sales tax or RTMF proceeds for the purposes of the Agreement; and (ii) the availability, taking into consideration all the obligations of the Authority under all outstanding contracts, agreements to other obligations of the Authority, of funds for such purposes.
3.5 Notices. Except as may be othenruise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows:
AUTHORITY:
Mr. Ron Peterson, Executive Dir.
Fresno County Transportation Authority
2220lulare Street, Suite 411
Fresno, C493721
Ph: (559) 600-3282 Fax: (559) 600-1499
Meas u reC (ôsbcq lo ba l. net
RESPONSIBLE AGENCY:
Scott Mozier, Assistant Public Works Director
City of Fresno, Fresno Public Works
2600 Fresno Street, 4t¡ Floor
Fresno, CA93721
Ph: (559) 621-8650; Fax: (559) 488-1045
scott, [email protected]
W¡th A Copy To:
3.5.1 Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission, Notice sent by first class mail shall be deemed received on the fifth day after the date of mailing, Either party may change the above address by giving written notice pursuant to this paragraph, Rev 08/15/12-authority 10
3.6 Additional Acts and Documents, Each party agrees to do all such things and take all actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.
3.7 lnteqration. This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof, NO representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.
3.8 Amendment. This Agreement may not be changed, modified, or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect,
3.9 lndependent Aqencv, Responsible Agency renders services under this Agreement as an independent agency under the Agreement. None of the Responsible Agency's agents or employees shall be agents or employees of the Authority and none of the Authority's agents or employees shall be agents or employees of Responsible Agency.
3.10 Assignment, The Agreement may not be assigned, transferred, hypotheticated, or pledged by any party without the express written consent of all parties hereto.
3.11 Bindinq on Successors. This Agreement shall be binding upon each of the parties and their respective successo(s), assignee(s) or transferee(s).
Provided however that this provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement, other than as provided in Section 3,10 above,
3.12 Severabilitv, Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validíty of the remainder of this Agreement, which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.
3.13 Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed Rev 08/15/12-authority 11
by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.
3.14 Survival. The following provisions in this Agreement shall survive discharge:
3.14.1 Responsible Aqencv, As to Responsible Agency, the following sections shall survive discharge: Section 1,6 (lnvoices); Section 1.9 (Proiect Manaqement/Formation of Proiect Development Team): and Section 3,3 (lndemnity).
3.14.2 Authoritv, As to Authority, the following sections shall survive discharge: Section 2.5 (Right to Conduct Audit) and Section 3,3 (lndemnity).
3.15 Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.
3.16 Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity, Each remedy shall be construed to give the fullest effect allowed by faw.
3.17 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California. The parties agree that this contract is made in and shall be performed in Fresno County, California.
3.18 Gaptions. The captions in this Agreement are for convenience only and are not a part of this Agreement, The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the construction or interpretation of any of its provisions.
3.19 No Continuins Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Agreement.
3.20 No Riqhts in Third Parties, Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any third party, nor is anything in this Agreement intended to relieve or Rev 08/'1 5/1 2-authority 12
discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement,
3.21 Responsible Aqencv Lesal Proceedinss. The Responsible Agency shall inform the Authority of all pending legal agreements, scheduled settlement hearings, or other scheduled legal proceedings associated with the Project and invite and allow Authority to participate in such proceedings or hearings.
3.22 Attornev's Fees and Costs. Authority and Responsible Agency will bear their own respective costs, including attorney's fees, in connection with any legal proceedings related to the interpretation or enforcement of this Agreement or any of the terms and conditions hereof,
3.23 Exhibits and Recitals. The Recitals and Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.
3.24 Siqnator's Warranty, Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party.
3.25 Force Maiuere. Any party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by federal, state or local government; national fuel shortage; or a material act or omission by any party; when satisfactory evidence of such cause is presented to that other party, and provided further such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing,
Rev 08/'15/12-authority 13
lN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above,
FRESNO COU NTY TRANSPORTATION AUTHORITY
By
-41 o¿- \rur^--
Name Harrv Armstronq
(Typed)
Title Chair of the Authoritv
APPROVED AS TO LEGAL,,F
(Signaturê)
Name MICHAEL E ROWE
Title Senior Deputv Countv Counsel
AGENCY NAME
(Signature)
Name Scott Mozier
Title Assistant Public Works Director
(Signature)
Ron Peterson
(Typed)
Executive Director
APPROVED AS TO ACCOUNTING
(Signature)
Name VICKI CROW, C.P,A.
Title Aud itor-Control lerÆreas u rer-Tax Col lector
ATTEST
By
Name Yvonne SpenceJQMC
Citv Clerk
By
APPROVED AS TO FORM Attest:
9uMJL.tlffi
OonFacts AdabistntFSord Clerk
Rev 08/'l 5/1 2-authority 14
Measure "C" Shoñ-Range Regional Transportation Program I Project Scope - Project UK11 Exhibit A Ã EXHrBrr A - PRoJEcT scopE
Project Urban K1 1 - Herndon Avenue
Polk to Milburn
"+--t----t- _. .
Replace information below with information for subject project phase Responsible Agency
City of Fresno
Project Limits
The project limits are on Herndon Avenue between polk Avenue and Milburn Avenue Project Phase (choose the Project Phase(s) appticable to this Agreenent onty) fi Phase 1 - Preliminary Engineering flncludes Preliminary Design/Engineeing PSeq and Environmental] D Phase 2 - Rightof-Way Acquisition
E Phase 3 - Construction (lncludes Project Construction & Construction Management) Project Phase(s) Scope (Provide detail to describe the Phase(s) that is the subjecl of this Agreement as checked above) The project will widen the 4-lane bridge crossing the BNSF tracks to 6 lanes. The project will also construct an additional lane of trafüc in each direction and will add a Class I Bike Lane to Herndon Avenue between Polk and Milburn Avenues. Phase 1 includes completing an Advanced Planning Study to define project scope and cost.
Gomplete Project Scope (Provide detail to describe a// phases of the Project - It is impoñant for the Authority to understand the scope of the entire Project; not just the Project phase(s) fhaf rs described above).
Phase 1 will involve the preparation of an Advanced Planning Study to define the project scope. Upon completion of the Advanced Planning Study, the PS&E and environmental documentation meeting CEQA, and NEPA as required, provisions will be completed. lt is not necessary to obtain right of way for this project, therefore Phase 2 will not be included with this project. Phase 3 involves construction of the Project and Construction Management.
Project Purpose
The purpose of this project is to widen Herndon Avenue, including the bridge crossing the BNSF tracks, between Polk and Milburn Avenues to eliminate a traffìc bottleneck. The project will also eliminate a trail gap within these limits.
Transportation Benefit
The project is expected to reduce traffic congestion thereby improving travel time and motorist safety. The project will also enable pedestrians and bicyclists to utilize this portion of Herndon. lmplications of Not Doing the Project
Herndon Avenue is designated as a 6-lane expressway and the City is in the process of widening Herndon Avenue to meet this criteria. lf this section of Herndon Avenue is not widened to 6-lanes, it will create a kaffìc bottleneck and increase kaffic congestion. Additionally, there will be a gap of the class I bike lane throughout this section of Herndon Avenue.
Community Engagement
The project limits are within a moderately populated residential and commercial area. Residents and property owners will be kept informed of the Project's status and schedule. FCTA will be added as an informed party to those lists.
Construction Staging
Conshuction phasing will be implemented to reduce or eliminate potential impacts on nearby residences and businesses.
Detours
Detours during conshuction of this Project are not anticipated.
Current Status
Phase 1 will be initiated with the execution of this agreement.
Contact
Forinquiries, you maycontactScottMozier, P.E., with the Cityof Fresno PublicWorks Dept. at(559)621-8650.
Rev 08-12-12
Measure 'C" Shott-Range RegionalTranspoñation Program I Project Schedule - Project UK11 Exhibit B
EXHIBIT B - PROJECT SCHEDULE
ry Project UrbanKll - Herndon Avenue
J4; ForK ro iyTllpurn
_
Replace information below with information for subject project phase Responsible Agency
City of Fresno
Project Limits
The project limits include Herndon Avenue between Polk Avenue and Milburn Avenue Project Phase (Choose all applicable to this Agreement) 8 Phase 1 - Preliminary Engineering lncludes Preliminary Design/Engineering (PS&E) and Environmentall E Phase 2 - Right-of-Way Acquisition
D Phase 3 - Construction (lncludes Project Construction & Construction Management) Contact
For inquiries, you may contact Scott Mozier, P.E., with the City of Fresno Public Works Dept. at (559) 621-8650.
Project Schedule (Double click on Table below to complete for all Project phases - lt is impoñant for the Authoritv to understand the Reyl'se Frsca/ Years
in table below to reflect schedule for all phases of the Proiectl Measure "C" Short-Range Regional Transpoñation Program I Project Funding Program - project lJKl1 Exhibit C EXHIBIT C .PROJECT FUNDING PROGRAM
W Ë:?*",î Hl,ii f.t - Herndon Avenue:
Replace information helow with information for subject project phase Responsible Agency
City of Fresno
Project Limits
The project limits include Herndon Avenue between polk Avenue and Milburn Avenue Project Phase (ChooseallapplicabletothisAgreement-fundingforthephase(s)musf öe futtyfundedatthetimethattheagreement is approved by the Authoity and the Responsible Agency) 8 Phase 1 'Preliminary Engineering flncludes Preliminary Design/Engineering (PS&E) and Environmentat] tr Phase 2 - Rightof-Way Acquisition
E Phase 3 - conshuction (lncludes Project construction & construction Management) Contact
For inquiries, you may contact Scott Mozier, P.E., with the City of Fresno Public Works Dept. at (559) 621-8650.
Funding Program (8in millions)
(Double click on Table on the following page to complete for alt Project phases - tl is imooftant for the Authoritv to understand the fundinq Measure "C" Shorl-Range Regional Transpoftation Program I Project Funding Program - Project UK11 Exhibit C PRIOR
cosl &
FUNDING
'2007/08-
NEWALLOCATION
REGIONAT TRANSPORTATION PROGRAM FYPROJECT PHASE TOTAL
COST &
2j141LL2!1!!l4 f 2o14t1s L ?qrs46 L2o16!1! l]91748 110!8l1sl FUNDTNG TRANSPORTATION PROGRAM FY 2OO7 IO8 .
'2007/08-
11t12
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