REPORT TO THE CITY COUNCIL FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager Office of Mayor & City Manager DENIX ANBIAH, Capital Projects Director Capital Projects Department SCOTT L. MOZIER, PE, Director Public Works Department BY: SCOTT P. SEHM, PE, Assistant Director Capital Projects Department, Design Services Division JON BARTEL, Projects Administrator Capital Projects Department, Transportation Project Management Division SUBJECT ..Title Approve Fourth Amendment to the Consultant Services Agreement, dated January 22, 2019, with BKF Engineers, of San Jose, California, in the amount of $155,550, increasing the total contract amount not to exceed of $333,143 for the Midtown Trail Segment 3 Project. (Council District 7) ..Body RECOMMENDATION Staff recommends the City Council approve a Fourth Amendment to the Consultant Services Agreement, dated January 22, 2019, with BKF Engineers, of San Jose, California in the amount of $155,550 for the Herndon Canal Metro Trail (Midtown Trail Segment 3) Project from Shields Avenue and First Street to McKinley Avenue and Millbrook Avenue, and authorize the Capital Projects Director or designee to sign and execute the Fourth Amendment to the Agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno (City) is proposing to construct a pedestrian and bicycle multipurpose trail along the Herndon Canal from Shields Avenue and First Street to McKinley Avenue and Millbrook Avenue, which is referred to as Segment 3 of the Midtown Trail Program. The City entered into a Consultant Services Agreement with BKF Engineers (Consultant) for Segment 3 on January 22, 2019; this Fourth Amendment to the Agreement provides for the design of a pedestrian crossing at Clinton Avenue, addition of a wedge curb on Shields Avenue and canal bank improvements for Fresno Irrigation District access and maintenance needs, allowing the City and Consultant to proceed with final design. The cost of the Fourth Amendment is $155,550, including $7,778 in additional contingency, bringing the total contract amount to $333,143 with $8,195 in remaining contingency. The proposed Fourth Amendment will be funded with local Measure "C" trails funding. BACKGROUND This project is part of the Midtown Trail Program, a planned pedestrian and bicycle multipurpose trail along the banks of the Fresno Irrigation District's (FID) Herndon Canal and Mill Ditch, which will ultimately provide continuous trail facilities from the intersection of Blackstone Avenue and Shields Avenue to a connection with the Clovis Old Town Trail on Clovis Avenue, north of Shields Avenue. In addition to the pedestrian and bicycle multipurpose trail improvements, this project proposes concrete curb and gutter, trail lighting and landscaping and irrigation along the north bank of the Herndon Canal, from Shields Avenue and First Street to McKinley Avenue and Millbrook Avenue. Construction is anticipated to begin in the Spring of 2026. On December 13, 2018, City Council approved the Consultant Services Agreement with Consultant which was then executed on January 22, 2019 for the design of the Herndon Canal Metro Trail from Shields Avenue and First Street to McKinley Avenue and Millbrook Avenue (Midtown Trail Segment 3), and for the design of the Midtown Fresno Trail: Shields Avenue 'Last Mile' Gap Closure along Shields Avenue from Blackstone Avenue to Fresno Street (Segment 1). The City and Consultant executed the First Amendment on February 2, 2021, in the amount $28,363 for additional design services for Segment 1 ($19,144) and Segment 3 ($9,219). The City and Consultant executed the Second Amendment on February 12, 2021, for no increase to the contract amount but reallocated the consultant's budget, for additional design services for Segment 1. The City and Consultant executed the Third Amendment on June 11, 2021, in the amount $58,418.23 for increased scope due to existing soil conditions identified by the geotechnical report and coordination and access requirements presented by the FID. This Fourth Amendment to the Consultant Services Agreement is needed to provide funding for the design of a pedestrian crossing at Clinton Avenue that was not originally part of the project scope, but has since been added, and to incorporate improvements into the plans necessary to accommodate FID's canal maintenance needs, including a wedge curb on Shields Avenue and canal bank improvements at the west end of the canal, near First Street. The cost of the Fourth Amendment will be funded with local Measure "C" trails funding. This Council action will also authorize the Capital Projects Director or designee to sign and execute the Fourth Amendment to the Agreement on behalf of the City. The City Attorney has reviewed and approved the amendment to consultant services agreement as to form. ENVIRONMENTAL FINDINGS Based upon the definition provided 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 based on the conditions of the federal Congestion Mitigation and Air Quality Improvement (CMAQ) grant. FISCAL IMPACT The Consultant Services Agreement is funded with CMAQ and Measure C Trails funding. This Fourth Amendment to the Consultant Services Agreement will be funded entirely with local Measure C trails funding and has no impact on the City's General Fund. The current fiscal year budget includes adequate appropriations to fund this contract amendment. The project is located in Council District 7. Attachments: Fourth Amendment Original Agreement First Amendment Second Amendment Third Amendment Vicinity Map Location Map