REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim-Director, Capital Projects Department
BRIAN RUSSELL, Director
Public Works Department
BY: JASON STARNES, PE, Assistant Director
Capital Projects Department, Construction Management Division
JASON MILLER, PE, Licensed Professional Engineer
Capital Projects Department, Design Services Division
SUBJECT
Title
Approve Contract Change Order No. 3 in the amount of $2,804.25 with forty-four (44) additional working days for the installation of one (1) solar power irrigation controller, cost credit for omitting the removal of pole bases and the installation of a power feed for the existing streetlights, bringing the new Construction Contract total to $7,037,639.37 with $509,224.26 remaining in contingency, with Yarbs Grading and Paving, Inc. of Fowler CA for the MLK Center Active Transportation Infrastructure project located on Martin Luther King Jr. Boulevard between Church Avenue and Jensen Avenue - Project ID PW00842 (Council District 3)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 3 (CCO No.3) with Yarbs Grading and Paving, Inc. (Contractor) of Fowler CA, which increases the construction contract (contract) amount by $2,804.25 for a revised contract total of $7,037,639.37 with $509,224.26 remaining in contingency, provides forty-four (44) additional working days to allow for the installation of one solar powered irrigation controller, a cost credit for chipping foundations in lieu of complete removal and the addition of one (1) power feed for the existing streetlights for the MLK Center Active Transportation Infrastructure project, and authorize the City Manager or Designee to sign CCO No.3 on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On September 12, 2024, the City Council awarded a contract in the amount of $6,860,785.12 to Yarbs Grading and Paving, Inc. of Fowler California for the construction of the MLK Center Active Transportation Infrastructure project. The MLK Center Active Transportation Project will add key pedestrian and bicycle improvements around the State Center Community College campus, including a trail, bike lanes, upgraded sidewalks, pavement repairs, signal updates, and ADA-compliant ramps.
City Council approval of CCO No.3 in the amount of $2,804.25, with forty-four (44) additional working days, will allow for the installation of one (1) solar powered irrigation controller, a cost credit for chipping the traffic signal foundations, three (3) below top face of curb in lieu of complete removal and the addition of one (1) power feed for the existing streetlights. Approval of this CCO No.3 will allow the project to move forward. This increase will result in a revised contract total of $7,037,639.37. This project is funded by a federal Congestion Mitigation and Air Quality (CMAQ) grant, Measure C bike and trail funds and local Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funds.
BACKGROUND
On September 12, 2024, the City Council awarded a contract in the amount of $6,860,785.12 to Yarbs Grading and Paving, Inc. of Fowler California for construction of the MLK Center Active Transportation Infrastructure project. The MLK Center Active Transportation Project will provide essential bicycle and pedestrian infrastructure around the State Center Community College campus including a Class I trail, Class II bike lanes, sidewalk, curb and gutter, pavement rehabilitation, traffic signal modifications, and Americans with Disabilities Act (ADA) compliant curb ramps.
The Contractor’s Notice to Proceed was issued with a start date of March 10, 2025, and a contract completion date of September 24, 2025. There have been seven (7) weather days and fifty-five (55) suspension days, resulting in a revised contract completion date of December 24, 2025.
The City and Contractor executed Contract Change Order No.1 (CCO No.1) on October 6, 2026, for $98,058.00, which provides additional compensation to the Contractor for labor, equipment, materials, and incidentals related to design changes to the East Church Avenue and South Martin Luther King Jr. Boulevard intersection, bringing the revised contract total to $6,958,843.12.
The City and Contractor executed Contract Change Order No.2 (CCO No.2) on October 6, 2026, for $75,992, which provides additional compensation to the Contractor for labor, equipment, materials, and incidentals related to design changes to the typical paving section on East Church Avenue, bringing the revised contract total to $7,034,835.12.
CCO No.3 will provide funding needed for installation of one (1) solar powered irrigation controller, a cost credit for chipping traffic signal foundations in lieu of complete removal, and the addition of one (1) power feed for the existing streetlights.
This CCO No.3 adds forty-four (44) working days to the contract due to changes to the existing streetlighting and unforeseen utility conflicts with the storm drain facilities at East Jensen Avenue and South Martin Luther King Jr. Boulevard. Fifteen (15) days are allocated for conflict between a sewer line and storm drain utilities. Seven (7) days are allocated for the completion of the trail in Phase 2 of the construction due to PG&E conflicts at the trail along East Jensen Avenue. Twenty-two (22) days are allocated due to delays caused by the utility conflict that prevented the contractor from fully deploying all forces.
City Council approval of CCO No.3 is required by Resolution No. 2017-158 which sets the approval thresholds for individual Contract Change Orders up to 1% of the total Contract Price or $100,000, whichever is greater; and multiple Change Orders which aggregate up to ten percent (10%) of the total Contract Price or $100,000 whichever is greater, and for individual Contract Time extensions which by itself or aggregated with time increases under previous Change Orders equals up to thirty (30) days or twenty percent (20%) of the total time allowed under the contract, whichever is greater. The amount of CCO No.3 is $2,804.25, which is 0.04% of the original Contract amount. This increase will result in a revised contract total of $7,037,639.37. There will be forty-four (44) additional working days added to the contract time by this CCO No.3, including seven (7) weather days, resulting in a revised contract completion date of January 6, 2027.
This project is funded by a federal Congestion Mitigation and Air Quality (CMAQ) grant, Measure C bike and trail funds and local Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funds.
This contract is covered by the Community Workforce Agreement (PLA), adopted by Council in September 2021. The Contractor shall become signatory to the PLA by executing the Agreement to Be Bound.
Staff recommends that the City Council authorize the City Manager or Designee to sign CCO No.3 for the MLK Center Active Transportation Infrastructure Project on behalf of the City.
|
CCO # |
CCO Amount |
Days Added |
Approved by: |
Reason |
Scope Change |
|
1 |
$98,058.00 |
5 |
City Manager |
Design Change |
Aggregate Base section in lieu of Full-Depth Reclamation |
|
2 |
$78,992.00 |
5 |
City Manager |
Design Change |
Change In HMA section within Intersection Church and MLK |
|
3 |
$2,804.25 |
44 |
Pending Council Approval |
Unforeseen conditions. Utility Conflicts |
Solar Powered Irrigation Controller, Chipping Concrete, Change in power feed to existing streetlights |
ENVIRONMENTAL FINDINGS
On September 12, 2024, as part of the contract award, staff analysis was presented with findings that this project was determined to be Categorically Exempt under Section 15301/Class 1, 15303/Class 3, and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines, which was previously adopted by City Council on March 9, 2023.
LOCAL PREFERENCE
Local preference does not apply to this action because this is a Contract Change Order to an existing Construction Contract.
FISCAL IMPACT
The MLK Center Active Transportation Project is within Council District 3. The overall cost of the project is $9,117,560.00 and is funded by a federal CMAQ grant, Measure C bike and trail, and local SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. Of the overall budget of the project, $7,037,639.37 will be used for the construction contract award and contract changer orders No.1, No.2 and No.3 with $509,224.26 remaining in contingency. The project will have no impact to the General Fund. All funds necessary for CCO No.3 are included in the adopted fiscal year budget.
Attachments:
Contract Change Order No.3
Contract Change Order No.2
Contract Change Order No.1
Executed Construction Contract - Yarbs Grading and Paving, Inc.
Vicinity Map
Environmental Assessment No. P21-06568