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JOINT PROJECT AGREEMENT
This Joint Project Agreement is made and entered into this _______ day of _____, 2026, by and between the C ITY OF FRESNO , a municipal corporation and public entity , (City) and the SAN JOAQUIN RIVER CONSERVANCY (Conservancy) , a California State agency formed and operating pursuant to Division 22.5 of the California Public Resources Code, to define the responsibilities and obligations of the aforementioned Parties for the River West Fresno Eaton Trail Extension Project (Project).
RECITALS
WHEREAS, on April 11, 2018, the Conservancy updated the San Joaquin River Parkway Interim Master Plan (Master Plan) that was originally adopted in 1997, and the updated Master Plan describes public access and recreational improvements along a 22- mile stretch of the San Joaquin River between Friant Dam at Millerton Lake and State Route 99; and
WHEREAS, in accordance with the Final Environmental Impact Report (FEIR) certified by the Conservancy on April 11, 2018, in Resolution No. 2018- 01, and the Addendums Nos. 1 and 2 to the FEIR adopted in August 2020 and October 2025, respectively, the Project consists of extending the existing Lewis S. Eaton Trail, including , but not limited to, approximately 2.4 miles of a new multipurpose 22’ wide trail, three separate trailhead parking lots near Perrin Avenue and State Route (SR) 41 undercrossing, Riverview Drive and Bluff Avenue, and the end of North Palm Avenue, various trail amenities, and a bus turn around area; and
WHEREAS, additional improvements are now proposed pertaining to an additional stretch of sidewalk located underneath the State Route 41 overpass at Perrin Avenue; and WHEREAS, the originally contemplated improvements under the Project, and the additional improvements, are generally located on properties owned by public agencies including the Conservancy, the City, Fresno Metropolitan Flood Control District, and private entities including, but not limited to , the San Joaquin River Access Corporation (SJRAC) ;
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and
WHEREAS, the Conservancy is the lead agency of the Project and the City is a responsible agency for the Project, as those terms are defined under California Code of Regulations, Title 14, Sections 15367 and 15381, respectively; and WHEREAS, the City and the Conservancy, while maintaining their respective rights and facilities , recognize it will be to their mutual benefit to complete the Project as a cooperative endeavor; and
WHEREAS, the City and the Conservancy recognize the benefits of joint-funding the Project; and
WHEREAS, the Project will be primarily funded through State funds; and WHEREAS, the City and the Conservancy will each contribute the resources, financial or otherwise, necessary to fully fund construction of the Project; and WHEREAS, the parties intend, by entering into this Agreement, to establish the terms and conditions of their cooperative approach regarding the completion of this Project.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual acknowledgments, covenants, and conditions herein contained, it is hereby agreed as follows:
1. The City shall, either with City staff or by contracting with a consultant, provide Project engineering and oversight in accordance with the requirements of the Project and all funding and permitting agencies and all federal, state, and local laws, including:
a. Oversight of any consultant(s) employed by the City for the design of the Project;
b. Providing Design Engineering services , including preparation of plans necessary for the bidding and construction of the Project; c. California Environmental Quality Act (CEQA) compliance; d. Preparation and administration of, and application for, permits necessary for the construction of the Project; and
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e. Application of funding for the construction of the Project. f. Provide specifications, engineer’s estimates, and Construction Engineering, including general administration of the construction contract, and furnish all necessary field engineering, inspection, and testing for the performance of the construction work.
2. The City shall provide plans to the Conservancy, for the Conservancy’s review and approval, for the work to be performed on the Project.
3. The City may, at its option, inspect the construction contractor’s work. Costs associated with construction of the Project, including, but not limited to, design, engineering, permitting, construction, and inspection will be included as part of the Project costs.
4. The Project shall be constructed by the City or its agents thereof.
5. The Conservancy hereby grants to the City and its officers, officials, agents, employees, volunteers, and contractors the right to enter the approved areas as shown in the attached Exhibit B (Project Area) and construct the Project.
6. Any addenda or revisions to the Project’s approved construction documents for improvements resulting in an increase in bid item quantity or cost of any bid item by more than ten percent (10%), shall be approved in writing by the City’s Director of Public Works, or designee, and the Conservancy’s Executive Director, or designee.
7. If the lowest responsible bid for the Project’s construction contract does not exceed the engineer’s estimate, including contingency, as shown on the current version of the Engineer’s Estimate as Exhibit A hereto, by more than ten percent (10%), the City shall award construction of the Project to that bidder. If the lowest responsible bid for the Project’s construction contract exceeds the engineer’s estimate, including contingency, as shown on the current version of Exhibit A, by more than ten percent (10%), then City will not award the construction contract, unless mutually agreed upon in writing by the City’s Director of Public Works and the Conservancy’s Chief Executive Officer, or designee.
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8. If the lowest responsible bidder’s proposal is more than ten percent (10%) above the engineer’s estimate, including contingency, and award of the project is mutually agreed upon in writing by the City’s Director of Public Works and the Conservancy’s Chief Executive Officer, or designee, the City shall award construction of the Project to the lowest responsible bidder.
9. Final project costs will not be determined until construction is completed and the Project is accepted by both the City and the Conservancy in writing, and closed out in accordance with each agency’s policies.
10. Upon completion of the Project, the Conservancy is the owner of all furnishings. The City is to provide maintenance for the Project under a separate Maintenance Agreement between the City and the Conservancy.
11. To the furthest extent allowed by law, Conservancy shall indemnify, hold harmless and defend C ity and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Conservancy or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Conservancy’s obligations under the preceding sentence shall apply regardless of whether C ity or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.
This section shall survive
termination or expiration of this Contract.
12. Without limiting the applicability or scope of the indemnification provisions contained in Section 11, the Conservancy and the City shall maintain, at their sole expense, insurance policies or self -insurance programs including, but not limited to, an insurance
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pooling arrangement and/or Joint Powers Agreement sufficient to fund their respective liabilities hereunder throughout the term of this Agreement. Coverage shall be provided for comprehensive general liability, automobile liability, professional liability, and workers’ compensation. If the Conservancy should subcontract any portion of the work to be performed, the Conservancy shall require each subcontractor to add the City, its officers, officials, employees, agents and volunteers as an Additional Insured under the General and Auto Liability policies. The General Liability and Auto Liability policies shall be endorsed so the coverage is Primary to the City’s insurance, and will not require contribution. The Worker’s Compensation policy shall contain a Waiver of Subrogation in favor of the City, its officers, officials, employees, agents and volunteers.
13. Neither Party shall assign, transfer, or sub-contract this Agreement, nor any of its respective rights or duties hereunder without the written consent of the other Party.
14. This Agreement shall become effective immediately upon execution and shall expire upon City’s issuance of a Notice of Completion after Project construction has been completed, which construction shall be based on the Project Description as provided in the FEIR and subsequent Addendums, or upon mutual written consent of the City’s Director of Public Works and the Conservancy’s Chief Executive Officer , whichever is earlier . This Agreement may be executed in one or more counterparts, each of which when executed will be deemed to constitute one and the same instrument and agreement.
15. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision of this Agreement shall not affect the other provisions.
16. This Agreement may be modified only by written instrument executed by duly authorized representatives of both the City and the Conservancy.
17. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return rec eipt requested,
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addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.
20. Each Party acknowledges that it has read and fully understands the content s of this Agreement and represents that this constitutes the entire Agreement between the City and the Conservancy with respect to the subject matter contained herein and that this Agreement supersedes all prior negotiations, representations, or agreements, either written or oral.
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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,
A California municipal corporation
By: _____________________________
Scott Mozier, PE
Director
Public Works Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:_____________________________
Heather Thomas Date
Deputy City Attorney
ATTEST:
Amy K. Aller
Interim City Clerk
By:____________________________
Deputy Date
Addresses:
CITY:
City of Fresno
Attention: Scott Mozier
Director, Public Works Department
2600 Fresno Street, Room 4064
Fresno, CA 93721-3623
Phone: (559) 621-8811
Exhibit A – Engineer’s Estimate
Exhibit B – Project Area
SAN JOQUIN RIVER CONSERVANCY
By:
Name: Kari Daniska
Title: Chief Executive Officer
SAN JOQUIN RIVER CONSERVANCY:
San Joaquin River Conservancy
Attention: Kari Daniska
Chief Executive Officer P.O. Box 28338
Fresno, CA 93729
Phone: (559) 287-7282
Description of Work Estimated Cost
Trail Extension, Parking Lot at Perrin Avenue, and Stairs at Palm Avenue $9,438,733
Site Furnishings $815,000
Planting and Irrigation $1,240,300
Design Contingency $0
Subtotal $11,494,033
10% Construction Contingency $1,149,403
8% Construction Management $919,523
Permit Fees $100,000
Phase 1 Total $13,662,959
Description of Work Estimated Cost
Parking Lot at Palm Avenue, Parking Area at Riverview Drive $5,261,570 Bus Turnaround Area $140,000
Site Furnishings $904,000
Planting and Irrigation $957,000
Design Contingency $726,257
Subtotal $7,988,827
15% Construction Contingency $798,883
10% Construction Management $798,883
Permit Fees $25,000
Phase 2 Total $9,611,592
Project Total Engineer's Estimate of Construction Phase ($) $23,274,551 Exhibit A
Engineer's Estimate
Phase 1 Engineer's Estimate of Construction Phase
Phase 2 Engineer's Estimate of Construction Phase
Parcel APN Owner
1 401-021-32ST State of CA
2 401-021-33ST State of CA
3 401-021-35ST State of CA
4 402-030-24ST State of CA
5 402-030-52ST FMFCD
6 402-030-54ST FMFCD
7 402-030-68ST State of CA
8 402-030-69ST State of CA
9 402-030-71ST SJRAC
10 402-530-09ST State of CA
Exhibit B
Project Area
Project Area
4141
401-021-32S401-021-32S
401-021-33S401-021-33S
401-021-34S401-021-34S
401-021-35S401-021-35S
401-021-37S401-021-37S
401-021-38S401-021-38S
402-030-24S402-030-24S
402-030-38S402-030-38S
402-030-47S402-030-47S
402-030-52S402-030-52S
402-030-54S402-030-54S
402-030-68S402-030-68S
402-030-69S402-030-69S
402-030-70402-030-70
402-030-71S402-030-71S
402-530-09S402-530-09S
402-570-12T402-570-12T
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401-021-27S401-021-27S
NOT PART OF PROJECTNOT PART OF PROJECT
LOCATION MAP
Project ID: PW00986
Council District: 2
Legend
0 410 820 1,230205
Feet
CAPITAL PROJECTS
DEPARTMENT
River West Eaton Trail
Extension Project Limit
Project Parcels