REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: HARMANJIT DHALIWAL, PE, Assistant Director Public Works Department, High-Speed Rail and Special Projects Division SUBJECT ..Title Approve the First Amendment to the Facility Relocation Cooperative Agreement between the City of Fresno and the California High-Speed Rail Authority. (Council Districts 1, 2, and 3) ..Body RECOMMENDATION Staff recommends that the City Council approve the First Amendment to the Facility Relocation Cooperative Agreement between the City of Fresno and the California High-Speed Rail Authority (CHSRA) and authorize the Public Works Director or designee to execute the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On July 16, 2015, the Council approved the Facility Relocation Cooperative Agreement with the CHSRA. The First Amendment will add additional indemnification for the CHSRA to indemnify the City for entering into Temporary Public Road Crossing Agreements with Union Pacific Railroad (UPRR) at West Shaw Avenue and West Herndon Avenue. BACKGROUND On May 3, 2012, the Council approved a Memorandum of Understanding with the CHSRA to develop a series of Cooperative Agreements between the CHSRA and the City of Fresno. The first of those agreements was approved by the Council August 21, 2014 which consisted of a Utility Relocation Cooperative Agreement. On July 16, 2015, the Council approved the Facility Relocation Cooperative Agreement with CHSRA. For CHSRA and its contractor to commence the construction of the West Shaw Avenue and West Herndon Avenue grade separations, UPRR requires the City and CHSRA to enter into a Temporary Public Road Crossing Agreement at each grade separation. The First Amendment to the Facility Relocation Cooperative Agreement will add additional indemnification for the CHSRA to indemnify the City for entering into Temporary Public Road Crossing Agreements with UPRR at West Shaw Avenue and West Herndon Avenue. The City Attorney's Office has reviewed and approved the amendment as to form. ENVIRONMENTAL FINDINGS By the definition provide in the California Environmental Quality Act (CEQA) Guidelines Section 15378 this item does not qualify as a "project." LOCAL PREFERENCE Local preference was not implemented as this action does not involve the bid or award of a construction or services contract. FISCAL IMPACT There will be no impact to the General Fund or any City operating funds associated with the recommended action. Attachments: Original Agreement First Amendment Vicinity Map