REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: JILL M. GORMLEY, TE, Assistant Director
Public Works Department, Traffic & Engineering Services Division
MELESSA L. AVAKIAN, Public Works Manager
Public Works Department, Engineering Services and Inspections
SUBJECT
Title
***RESOLUTION - Adopting the 34th Amendment to the Annual Appropriations Resolution No. 2024-122 to appropriate $151,000 of forfeited liquidated damages to be applied to two public right-of-way improvement projects. (Council District 2) (Requires 5 Affirmative Votes) (Subject to Mayor's Veto)
Body
RECOMMENDATION
Staff recommends the City Council adopt the 34th Amendment to the Annual Appropriations Resolution (AAR) No. 2024-122 to appropriate $151,000 of forfeited liquidated damages to be applied to two public right-of-way improvement projects in District 2.
EXECUTIVE SUMMARY
In 2021, Lennar Homes executed two separate road closure agreements with the City of Fresno to install conditioned offsite improvements for Tract 6198 located at the northwest corner of Grantland and Shaw Avenues. The road closure agreement specifies the date for the road to be reopened, with liquidated damages of $1,000 accrued for each day past the agreed upon opening date. Both road closure agreements went past their required reopening dates, resulting in a total amount of $151,000 of forfeited liquidated damages.
Per Public Works Department Policy 210.1 Conditions of Road Closures and Lane Closures, as previously adopted by the Council, the forfeited liquidated damages are to be used in the affected area of where the road closure(s) occurred. The goals of the policy are to minimize impacts to the traveling public and provide a consistent policy to the industry.
Staff recommends that the forfeited funds be applied to two projects in District 2: a joint City/County project to install a high-intensity activated crosswalk beacon (HAWK) on Grantland Avenue near ...
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