AMENDMENT NO. 4 TO COOPERATIVE PROJECT AGREEMENT
Grade Separation Program (GSP)
Blackstone & McKinley BNSF Grade Separation Project
This Amendment No. 4 to the Cooperative Agreement for the Blackstone & McKinley BNSF Grade Separation Project, is made and entered into the day of 2025, by and between the Fresno County Transportation Authority (Authority) and the City of Fresno (Responsible Agency).
1. PARTIES. The Authority and the City of Fresno are collectively referred to herein as "the Parties".
2. RECITALS.
2.1 WHEREAS, the Parties entered into the Cooperativ e Project Agreement for Blackstone & McKinley BNSF Grade Separation Project (Agreement), dated April 22, 2020, for funding of a transportation improvement project (Project) in Fresno County pursuant to the Measure C Grade Separation Program (GSP), and the Measure C Expenditure Plan (Expenditure Plan), which was approved by the voters of Fresno County in November, 2006; and,
WHEREAS, Authority is authorized to approve and revise Project funding for payment to Responsible Agency in accordance with the Agreement, the Measure C GSP, and the Expenditure Plan regarding the Blackstone & McKinley BNSF Grade Separation Project; and,
WHEREAS, the Agreement provided that Authority shall provide funding to Responsible Agency from the GSP for eligible Project costs in an amount not to exceed $6,000,000 of Measure C funding for Project Approval & Environmental Document (PA/ED) and Design Phases of the Project (as applicable); and,
WHEREAS, Authority amended the Agreement on April 14, 2021 (Amendment No. 1) to provide for partial allocation of an additional $2,119,938 for Phase 2 - Right of Way, which increased the total cumulative funding allocated to this Project to a not-to-exceed amount of $8,119,938 of Measure C funding; and,
WHEREAS, Authority amended the Agreement on June 8, 2022 (Amendment No. 2) to provide for partial allocation of an additional $27,000,000 for Phase 2 - Right of Way, which increased the total cumulative funding allocated to this Project to a not-to-exceed amount of $35,119,938 of Measure C funding; and,
WHEREAS, Authority amended the Agreement on October 16, 2024 (Amendment No. 3) to provide for partial allocation of an additional $3,500,000 for Phase 1 Preliminary Engineering and $19,880,062 for Phase 2 - Right of Way, which increased the total cumulative funding allocated to this Project to a not-to-exceed amount of $58,500,000 of Measure C funding; and, WHEREAS, Responsible Agency is requesting additional Preliminary Engineering (PE) funding at the present time in order to continue without interruption its PE activities; and,
WHEREAS, the Authority Board desires to avoid any project delays and is willing to consider the request by Responsible Agency for additional PE funding now, with the understanding that it is possible Responsible Agency may need additional PE funding in the future; and,
WHEREAS, Responsible Agency is requesting additional Right of Way (ROW) funding at the present time in order to continue without interruption its ROW acquisition and utility relocation activities, while acknowledging that its final estimate for those activities is not yet complete; and, WHEREAS, the Authority Board desires to avoid any project delays and is willing to consider the request by Responsible Agency for additional ROW funding now, with the understanding that it is possible Responsible Agency may need additional ROW funding in the future.
2.2 The Parties now desire to amend the statements d efining and delineating the Project Scope, Project Schedule and Project Funding Program, as set forth in the original Agreement, based on the following:
• Responsible Agency needs additional funding to continue its Phase 1 Preliminary Engineering and Phase 2 - Right of Way activities and requests allocation at this time of an additional $8,000,000; $4,000,000 to Phase 1 Preliminary Engineering and $4,000,000 to Phase 2 Right of Way, which will increase the total cumulative funding allocated to this Project to a not-to-exceed amount of $66,500,000. Such additional Measure C GSP funding will allow the Project to proceed further toward completion, per the revised Exhibits as more thoroughly described in Section 3.1 of this Amendment No. 4.
3. TERMS.
3.1 Exhibit A (Project Scope), Exhibit B (Projec t Schedule) and Exhibit C (Project Funding Program), which hereinafter shall be referenced collectively the Original Exhibits as set forth in Section 1.1 of the original Agreement, and which were fully incorporated therein by the provisions of Section 3.23 thereof, shall be and are hereby replaced by Exhibit A4 (Project Scope), Exhibit B4 (Project Schedule), and Exhibit C4 (Project Funding Progra m), which are attached hereto and incorporated herein by this reference, commencing upon the Effective Date of this Amendment No. 4 to the Agreement.
3.2 All work performed by the Responsible Agency under the Agreem ent prior to the Effective Date of this Amendment No. 4 shall be governed by and compensated pursuant to the applicable Exhibits and the original Agreement, as modified by the previously approved Amendment No. 1, Amendment No. 2, and Amendment No. 3. All work performed commencing on or after t he Effective Date of this Amendment No. 4 shall be performed and compensated pursuant to the attached Exhibits A4, B4, and C4, and the terms of the Agreement as modified by this Amendment No. 4.
3.3 Effective Date. The Effective Date of this Amen dment No. 4 to the Agreement shall be 12:01 a.m. of the day following the date upon which it is signed by the Parties. In the event this Amendment No. 4 to the Agreement is signed by the Parties on different dates, the Effective Date shal l be 12:01 a.m. of the day following that date upon which it is signed by the second of the Parties.
3.4 All other terms and conditions contained in the Cooperative Project Agreement are unaffected by this Amendment No. 4 and shall remain in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE.]
IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement on the day and year first written above.
FRESNO COUNTY TRANSPORTATION AUTHORITY
ATTEST
By By
(Signature) (Signature)
Name ERNEST BUDDY MENDES Name TERRY OGLE (Typed) (Typed)
Title Chair of the Authority Title Executive Director APPROVED AS TO LEGAL FORM: APPROVED AS TO ACCOUNTING
DANIEL C. CEDERBORG, COUNTY FORM:
COUNSEL
By _____________________________ By
(Signature) (Signature)
Name MICHAEL E. ROWE Name OSCAR J. GARCIA, C.P.A.
Title Principal Deputy County Counsel Title Auditor-Controller/Treasurer-Tax Collector
CITY OF FRESNO
ATTEST:
By By (Signature) (Signature) Date
Name SCOTT L. MOZIER, P.E., T.E. Name TODD STERMER, M.M.C.
Title Public Works Director Title City Clerk APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
Current Status
Phase 1 is underway, with the 60% design package received and reviewed. The 90% design package is currently in the process of being prepared. The comment period for the CEQA Notification filed on July 30, 2020, is over and therefore CEQA is complete. Phase 1 is funded by FCTA funds. Phase 2 of the project was started in January 2022 and is progressing towards completion of ROW acquisition.
Phase 2 is funded by Local Partnership Program (LPP) formulaic and FCTA funds. Appraisals for full acquisitions are complete and appraisals for partial acquisitions are in progress. Acquisitions are ongoing with an anticipated completion date in Winter 2025. After completion of Phase 2, Phase 3 will be initiated for the construction of the Project, the associated traffic control operations, and construction management activities. Phase 3 will be funded by Transit and Intercity Rail Capital Program (TIRCP) and FCTA funds. TIRCP funds have been awarded to this Project and will be allocated as the Project nears Phase 3.
Contact
For inquiries, you may contact Scott Mozier, P.E., Public Works Director, City of Fresno Public Works Dept. at (559) 621-8650.