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: KEVIN GROSS, PE, Assistant Director Capital Projects Department, Transportation Project Management Division ABDUL BINMAHFODH, PMP, Project Manager Capital Projects Department, Transportation Project Management Division SUBJECT ..Title Approve a First Amendment to the Consultant Service Agreement with Mark Thomas & Company, Inc., of Fresno, California, in the amount of $38,262.00 to provide additional civil engineering design, bidding, and construction support services for the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue, for a total contract value of $230,600.00, and authorize the Capital Projects Director or designee to sign the Amendment on behalf of the City. (Council District 1) ..Body RECOMMENDATIONS Staff recommends that City Council approve a First Amendment to the professional consultant agreement with Mark Thomas & Company, Inc., in the amount of $38,262.00 to provide additional civil engineering design services, preparation of revised construction documents, and construction support necessary for the completion of the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue project, and authorize the Capital Projects Director or designee to sign the amendment on behalf of the City of Fresno. EXECUTIVE SUMMARY Mark Thomas & Company, Inc. the engineering consultant for the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue has nearly completed their scope of work relating to the preparation of construction documents for this project, having reached the 100% final design phase. An amendment to the consultant agreement is necessary, in order to provide additional engineering design services for one of the residential properties within the project limits. Staff had anticipated a full acquisition for the particular parcel and the current engineering plans also reflect the full acquisition. Through negotiations with the property owner, it has been determined that the acquisition can be reduced to a partial acquisition, addressing the owner's desire to retain the parcel less the necessary street right-of-way. This will reduce the project's right-of-way acquisition needs but will require additional engineering design and associated construction drawings for modifications to the driveway and incorporation of a retaining wall along the frontage. Staff recommends that Council approve this Amendment with Mark Thomas & Company, Inc., in the amount of $38,262.00 to provide the additional civil engineering design services and finalize the construction documents for the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue. The project is funded by Surface Transportation Block Grant (STBG) funds and New Growth Developer Fees and will have no impact on the General Fund. BACKGROUND On March 16, 2020, the City entered into a consultant services agreement with Mark Thomas & Company, Inc. to provide civil engineering consulting services and prepare construction documents for the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue. The project is funded through Surface Transportation Block Grant (STBG) funds and New Growth Developer Fees. Mark Thomas & Company, Inc. has completed their scope of work relating to the preparation of construction documents for this project, having reached the 100% final design phase. As the final plans were being prepared, the project experienced a change in scope due to right-of-way acquisition issues relating to one residential parcel originally proposed as a full acquisition. The acquisition limits along the property frontage, required to accommodate the roadway widening, would have moved the right-of-way line closer to the residential structure, further reducing a building setback that was already non-conforming. While it is not uncommon for the right-of-way needs of a roadway widening project to leave a parcel in non-conformance with setback or other zoning standards, it is much more common to assume a full-acquisition these situations. Staff with support from the engineering and right-of-way consultants pursued the full acquisition, but the property owner expressed the desire to reduce to a partial acquisition and retain the balance of the property. The Capital Projects Department incorporated input from the Planning and Development Department to review the discretionary impacts the non-conforming setback would have for the property, and relayed this information to the property owner to ensure they fully understood how the right-of-way acquisition would affect their residence's setback and zoning conformance, property access, and other impacts. It was then confirmed and agreed to that the property would remain in the landowner's possession, and only a partial acquisition would be pursued. The proposed change in right-of-way acquisition does not affect the design of the roadway, nor does it reduce any of the promised benefits of the project, but it does require redesign along the parcel frontage including the introduction of a retaining wall and redesign of the residential driveway to ensure adequate and safe access for the residents. The landowner is aware of the property impacts and agreeable to the design accommodations as discussed herein. Caltrans has also cleared the change in scope and associated environmental document for the project under the National Environmental Policy Act (NEPA). Staff recommends that City Council approve a First Amendment to the professional consultant agreement with Mark Thomas & Company, Inc., in the amount of $38,262, for a total contract amount of $230,600, to provide additional civil engineering design services and preparation of revised construction documents necessary for the completion of the Ashlan Avenue Widening Project between Polk Avenue and Cornelia Avenue and authorize the Capital Projects Director or designee to sign the amendment on behalf of the City of Fresno. The City Attorney's Office has reviewed and approved the First Amendment as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) guidelines, this item is not a project as defined by CEQA. LOCAL PREFERENCE Local preference was not considered because this item does not include a bid for or award of a construction or services contract. FISCAL IMPACT This project is located in Fresno City Council District 1. The design phase is funded through New Growth Area Major Street Impact Fees and will not impact the General Fund. The right-of-way and construction phases are programmed with Surface Transportation Block Grant (STBG) grant funds with a local match through the New Growth Area Major Street Impact Fees. Appropriations for this agreement are included in the current fiscal year budget as previously adopted by the City Council. Attachments: Vicinity Map The First Amendment Consultant Agreement