REPORT TO THE CITY COUNCIL FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager Interim-Director, Capital Projects Department SCOTT L. MOZIER, PE, Director Department of Public Works BY: SCOTT P. SEHM, PE, Assistant Director Capital Projects Department, Design Services Division VICTOR VALDEZ, PE, Licensed Professional Engineer Capital Projects Department, Design Services Division SUBJECT ..Title Approve a Fifth Amendment to the Consultant Services Agreement with BKF Engineers, a California Corporation in the amount of $143,582 for a total increased contract not to exceed amount of $1,436,845, with a $3,700 remaining contingency, for additional professional engineering services required for the design of plans and general construction documents for the Herndon Avenue Widening between Polk Avenue and Milburn Avenue Project (Council District 2) ..Body RECOMMENDATION Staff recommends the City Council approve a Fifth Amendment to the Consultant Services Agreement with BKF Engineers, a California Corporation, in the amount of $143,582 for a revised total contract amount of $1,436,845, with $3,700 remaining in contingency, for additional professional engineering services required for the preparation of design of plans and general construction documents for the Herndon Avenue Widening between Polk Avenue and Milburn Avenue Project, and authorize the Capital Projects Director or designee to execute the Fifth Amendment on behalf of the City of Fresno. EXECUTIVE SUMMARY The City of Fresno proposes to widen Herndon Avenue between Polk Avenue and Milburn Avenue to three lanes in each direction to bring this segment of Herndon into compliance with the General Plan designation and match the existing lane configurations to the east and west of this segment. On March 23, 2017, the City entered into a Consultant Services Agreement with BKF Engineers, a California corporation, for professional engineering services to prepare design plans and general construction documents for the Herndon Avenue Widening Project. Through ongoing design coordination with BKF, it has been determined that additional professional engineering services is necessary due to revisions at the West Spruce Avenue intersection, structural revisions stemming from COF Building & Safety review, and updates necessary to the retaining wall design in response to the BNSF railroad responses. To address these needs, the City proposes to amend the Consultant Services Agreement to include the necessary additional services. The Fifth Amendment incorporates supplemental consultant design work, plan revisions, and updated fee rates. Staff recommends approval of the Fifth Amendment to the Consultant Services Agreement with BKF Engineers in the amount of $143,582, resulting in a revised total contract amount of $1,436,845. The project is funded through the Measure C Regional Urban Program and the State Local Partnership Program (LPP), with the required local match provided through developer fees. BACKGROUND The City of Fresno’s 2035 General Plan designates Herndon Avenue as a sixlane expressway. Over the past two decades, the City has progressively widened Herndon Avenue from four to six lanes as funding has become available through federal and state grants, Measure C, and development impact fees. The segment between Polk Avenue and Milburn Avenue is the final remaining fourlane portion of the corridor. With this project, construction to widen this segment to six lanes is anticipated to begin in 2027. The project scope includes widening Herndon Avenue between Polk Avenue and Milburn Avenue from two lanes to three lanes in each direction, including the widening of the existing bridge structure that spans the BNSF railroad. In addition to roadway widening, the project will construct a Class I bicycle and pedestrian trail along the north side of Herndon Avenue. The project will also require significant utility relocations, construction of retaining walls, and installation of barrier fencing. Measure C Tier 1 funding in the amount of $1,435,000 was amended by the Fresno County Transportation Authority (FCTA) in the 2016-17 fiscal year for an Advance Planning Study (APS) to perform preliminary engineering work to better define the project scope and cost estimate related to the widening of the Herndon Avenue and Burlington Northern and Santa Fe (BNSF) overpass and associated roadway approaches. The preliminary engineering work included topographic survey work, project management, and engineering consultant costs for the preparation of the APS. The APS was completed in November 2014. In March 2017, City Council approved a contract with BKF to provide professional engineering services for the design of plans and general construction documents for Herndon Avenue Widening between Polk Avenue and Milburn Avenue. The original agreement with BKF, dated March 23, 2017, totaled $869,526 with a $52,000 contingency. During the development of design, City staff identified the need to field verify existing utilities to determine any impacts with the proposed improvements and requested BKF to provide positive utility locations (potholing) throughout the project area and on December 4, 2020, City Council approved the First Amendment to the Agreement with BKF in the amount of $117,923 to address this additional scope of work. On July 30, 2024, the Second Amendment to the Agreement with BKF was executed for additional project management costs needed to coordinate with the City and BNSF after the anticipated project end date. The Second Amendment to the consultant services agreement increased the total fee by $48,300 for a revised contract amount of $1,035,749 with $3,700 remaining contingency. On February 27,2025, the Third Amendment to the consultant services agreement increased the total fee by $107,376 for a revised contract amount of $1,143,125 with a $3,700 remaining contingency. On May 1, 2025, the Fourth Amendment to the consultant services agreement increased the contract by $150,138 for total fee of $1,293,263 with $3,700 remaining contingency. Previous consultant service agreement amendments are summarized in the table below. Amendment No. Amendment Amount Days Added Approved by: Reason Scope Change 1 $117,923 0 DPW Director Unforeseen Conditions Potholing, utility research 2 $48,300 0 CPD Director Regulatory or Code Requirement Consultant project management with BNSF beyond original scope of work 3 $107,376 0 CPD Director Design Changes Changes to plans to accommodate additional drainage requirements and related project management 4 $150,138 0 CPD Director City Request Revisions to plans and specifications to accommodate pavement design and traffic signal comments, proj. mgmt. The project is progressing toward completion of the final construction documents. During ongoing design coordination with BKF, staff identified the need for additional professional engineering services beyond the original scope of work. To address these needs, the City proposes a Fifth Amendment to the Consultant Services Agreement. The Fifth Amendment provides supplemental design services from BKF and their electrical and structural subconsultants, including additional project management, engineering design, and plan revisions. It also updates fee rates and incorporates work required to resolve discrepancies between the Veterans Boulevard asbuilt drawings and existing field conditions. Additional services include revisions to the traffic, lighting, and irrigation cabinet layout at the northeast quadrant of the West Spruce Avenue intersection; further PS&E review and updates in response to structural review comments from Building & Safety; additional coordination with the geotechnical engineer due to recent Caltrans standard plan updates affecting retaining wall design; and lighting plan updates in response to changes in City and BNSF lighting standards. Staff recommends approval of the Fifth Amendment to the Consultant Services Agreement with BKF Engineers in the amount of $143,582, resulting in a revised total contract amount of $1,436,845. Staff further recommends authorizing the Capital Projects Director, or their designee, to execute the Fifth Amendment on behalf of the City of Fresno. The project is funded with Measure C Tier 1 funds and local development fees. A State Local Partnership Program (LPP) Formulaic grant is currently in process and is expected to fully fund the project. The City Attorney’s office has reviewed and approved the Fifth Amendment as to form. ENVIRONMENTAL FINDINGS This project is statutorily exempt per Sections 21080.13(a) of the California Public Resources Code, and 15282(g) of the California Environmental Quality Act (CEQA) Guidelines. LOCAL PREFERENCE Local preference was not considered 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. The project is grant-funded through Measure C Regional Urban program and State Local Partnership Formulaic Program (LPP). Required local match is funded through local Developer Fee. All funds necessary for the amendment are included in the current fiscal year budget as previously adopted by City Council. Attachments: Fifth Amendment to Agreement Fourth Amendment to Agreement Third Amendment to Agreement Second Amendment to Agreement First Amendment to Agreement Consultant Services Agreement Vicinity Map