REPORT TO THE CITY COUNCIL FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager Interim Director-Capital Projects Department SCOTT L. MOZIER, PE, Director Public Works Department BY: SCOTT SEHM, PE, Assistant Manager Capital Projects Department, Design Services Division AUSTIN M. BAIN, Licensed Professional Engineer Capital Projects Department, Transportation Project Management Division SUBJECT ..Title Approve Amendment No. 3 to Measure C Cooperative Project Agreement for the widening of the Herndon Avenue Burlington Northern Sante Fe overpass between Polk Avenue and Milburn Avenue (Urban Project, K-11), in the amount of $4,055,000.00, with the Fresno County Transportation Authority; and authorize the Public Works Director or designee to execute the amendment on behalf of the City (Council District 2). ..Body RECOMMENDATION Staff recommends the City Council approve Amendment No. 3 to allocate $4,055,000.00 of Measure C Regional Transportation funds into the construction phase of the widening of the Herndon Avenue Burlington Northern Sante Fe overpass from Polk Avenue to Milburn Avenue (Urban Project, K-11); and authorize the Public Works Director or designee to execute the amendment on behalf of the City of Fresno. EXECUTIVE SUMMARY Funding for this project has been previously approved by the Fresno County Transportation Authority (FCTA) through the Measure C Cooperative Agreement executed on May 29, 2013. Construction costs have increased since the time when the preliminary engineering work began, especially for bridge structures in the post-pandemic environment. The Capital Projects Department, Transportation Project Management Division has been working to have design completed and begin the construction phase of the project in FY2026. Approval of Amendment No. 3 will provide a portion of the funding needed for the City to bid and award the project. The project is funded with Measure C Tier 1 funds, local development impact fees and Local Partnership Program (LPP) funds. This Amendment No. 3 will provide the Regional Measure C Tier 1 funding from the FCTA to provide the required local match portion for the LPP funding from the State of California. BACKGROUND Herndon Avenue is designated as a six-lane expressway in the City of Fresno 2035 General Plan. Over the past twenty years, the City has been widening Herndon Avenue from four to six lanes in phases as funds become available through Federal and State grants, Measure C, and development impact fees. The widening of Herndon Avenue to six lanes from State Route 99 to DeWolf Avenue is also a regional project in the Measure C Tier 1 Urban program. Funding was made available by the Fresno County Transportation Authority (FCTA) in the 2012-13 fiscal year for preliminary engineering work related to the widening of the Herndon Avenue/Burlington Northern Sante Fe (BNSF) overpass and associated roadway approaches. Funding for the final design and preparation of construction documents was allocated with the execution of Amendment No. 1, and with construction funding programmed for 2026/27. Amendment No. 2 allocated $17,022,000 to the construction phase of the project. Amendment No. 3 will bring the necessary regional Measure C funds into the construction phase of the project to allow the Transportation Project Management Division to bid and award in FY26. The City, with the support of FCTA, desires to amend the Cooperative Project Agreement in the amount of $4,055,000, for a total increased agreement amount not to exceed $22,564,000, to allow the project to proceed further toward completion and to authorize the Public Works Director or designee to sign on behalf of the City of Fresno. The project is funded with Measure C Tier 1 funds and local Development Fees. The LPP grant represents funding assigned by formula to the FCTA, which is expected to be allocated by the California Transportation Commission in time for advertising and awarding of the construction contract, thus fully funding the project with all sources included. The City Attorney's Office has reviewed and approved the amendment as to form. ENVIRONMENTAL FINDINGS By the definition provided in California Environmental Quality Act Guidelines Section 15378, this is not a "project." LOCAL PREFERENCE Local preference was not implemented because this item does not include a bid for or an award of a construction or service contract. FISCAL IMPACT The proposed Herndon Widening Project from Polk Avenue to Milburn Avenue is within Council District 2. This amendment will have no impact to the General Fund. All project costs for the engineering design phase are funded with Local Measure C and Local Developer Fees. All funds necessary for the amendment are included in the current fiscal year budget as previously adopted by City Council. Attachments: Amendment No. 3 to Cooperative Project Agreement Amendment No. 2 to Cooperative Project Agreement Amendment No. 1 to Cooperative Project Agreement Measure C Cooperative Project Agreement Vicinity Map