REPORT TO THE CITY COUNCIL May 12, 2016 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: ROBERT N. ANDERSEN, PE, Assistant Director Public Works Department, Capital Management Division RANDY BELL, PE, Capital Projects Manager Public Works Department, Capital Management Division BY: BRADLEY KERNER, Supervising Professional Engineer Public Works Department, Capital Management Division SUBJECT ..Title ***RESOLUTION - 39th amendment to the Annual Appropriation Resolution (AAR) No. 2015-104 to appropriate $303,100 for additional design funding to accommodate the California High speed Rail (HSR) Authority's track realignment on the Veterans Boulevard/State Route 99 Interchange and Extension project (Requires 5 affirmative votes) ..Body RECOMMENDATION Staff recommends the City Council adopt a resolution of the Council of the City of Fresno for the 39th Amendment to the Annual Appropriation Resolution No. 2015-104 to appropriate $303,100 for additional design funding to accommodate the California HSR Authority's track realignment on the Veterans Boulevard/State Route 99 Interchange and Extension project. EXECUTIVE SUMMARY As a follow up action to the Council's previous approvals of the Fresno County Transportation Authority (FCTA) reallocation of $401,572 of project Measure "C" Cooperative Agreement funds from the right-of-way phase to the plans, specifications and estimate (PS&E) phase of the project and the City's executed Amendment No. 3 to the consultant services agreement with Mark Thomas Company (MTC), staff recommends the Council adopt the 39th Amendment to the Annual Appropriations Resolution (AAR) No. 2015-104 to allocate $303,100 to the project funds for the design of the grade separation over the Union Pacific Railroad and HSR tracks. The existing project funds contain sufficient appropriations to cover the balance of the FCTA reallocation and subsequent City executed Amendment No. 3 to the MTC consultant services agreement for the State Route 99 Interchange portion of the project and the Veterans Boulevard Extension portion of the project. The change in track alignment at Veterans Boulevard will also result in an underpass at Herndon Avenue, thus providing an additional grade separation in the City of Fresno. BACKGROUND Construction of Veterans Boulevard, originally known as the Herndon-Grantland Diagonal, has long been a goal of the City of Fresno, as illustrated in the 1984 and 2025 General Plans. In fiscal year (FY) 06, the City undertook the preparation of a Project Study Report using approximately $500,000 in local funds, to take the first step in the Caltrans process toward the ultimate development of the interchange. In November 2006, the 20 year extension of Measure C was passed by the voters of Fresno County. The adopted Measure C Expenditure Plan, which accompanied the ballot measure, included Veterans Boulevard as a Tier 1 Regional Project to be funded with a combination of Regional Measure C, State Transportation Improvement Program, Federal Transportation Funds and Regional Transportation Mitigation Fee. On October 8, 2015, Council approved the Fourth Amendment to the Cooperative Agreement with the FCTA which allowed for the transfer of $401,572 in excess right-of-way (ROW) funds to the under-funded PS&E portion of this project, making these funds available for allocation to the MTC for compensation of their design services. The transfer of these funds will have no negative impact upon the ROW acquisition process. On December 17, 2015, Council approved the Third Amendment to the MTC Consultant Services Agreement with a total dollar amount of $401,572. This amendment was required to provide additional project design funding to accommodate the required redesign of the contract documents resulting from a HSR track alignment change (the alignment change was provided to the City subsequent to the completion of project 90% plan documents for the associated grade separation over the Union Pacific Railroad and HSR tracks). This third amendment provided additional design funding to the State Route 99 Interchange portion of the project, the Veterans Boulevard Extension portion of the project, and the Veterans Boulevard/HSR/UPRR Grade Separation portion of the project. In order to allocate $303,100 to the Veterans Boulevard/HSR/UPRR Grade Separation portion of the project funds, the 39th Amendment to the Annual Appropriations Resolution No. 2015-104 needs to be approved by Council. The existing project funds contain sufficient appropriations to cover the balance of the FCTA reallocation and subsequent City executed Amendment No. 3 to the MTC consultant services agreement for the State Route 99 Interchange portion of the project and the Veterans Boulevard Extension portion of the project. On January 7, 2016, MTC was issued a notice to proceed with the design modifications to the grade separation over the future HSR and UPRR tracks project described in the First Amendment to the MTC consultant services agreement. Staff recommends Council approve the 39th Amendment to the Annual Appropriations Resolution No. 2015-104 to appropriate $303,100 of regional Measure "C" project funding for the Veterans Boulevard/HSR/UPRR Grade Separation consulting services agreement. The Amendment has been approved as to form by the City Attorney's Office. ENVIRONMENTAL FINDINGS The proposed project is a joint project by Caltrans and the Federal Highway Administration, and is subject to state and federal environmental review requirements. Project documentation; including an Environmental Impact Report (EIR), have been prepared in compliance with both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Caltrans is the lead agency under National Environmental Policy Act. Caltrans is the lead agency under California Environmental Quality Act. In addition, Federal Highway Administration's responsibility for environmental review, consultation, and any other action required in accordance with applicable Federal laws for this project is being, or has been, carried out by Caltrans under its assumption of responsibility pursuant to 23 United States Code 327. LOCAL PREFERENCE Local preference is not implemented because an AAR does not include a bid or an award of a construction or services agreement. FISCAL IMPACT Approval of this 39th Amendment to Annual Appropriations Resolution No. 2015-104 will have no fiscal impact upon the General Fund. Funding will come from a redistribution of Measure "C" funds from the Right-of-Way Phase to the PS&E Phase. Attachment: 39th Amendment to the Annual Appropriations Resolution No. 2015-104