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: JOSHUA S. RHODES, PE, Assistant Director
Capital Projects Department, Construction Management Division
KELLY YOST, PE, Construction Manager
Capital Projects Department, Construction Management Division
SUBJECT
Title
Approve Contract Change Order No. 3 in the amount of $13,554.81, with twenty-one additional working days for revisions to retaining wall improvements with Avison Construction Company, Incorporated of Madera, California for the Midtown Fresno Trail: McKinley Avenue Gap Closure (Midtown Trail Segment 4) Project - Project ID PW00763 (Bid File 12400950). (Council Districts 4 and 7)
Body
RECOMMENDATION
Staff recommends the City Council approve Contract Change Order No. 3 with Avison Construction Company, Incorporated (Avison) of Madera, California which increases the contract amount by $13,554.81, for a revised contract total of $6,767,998.49, with twenty-one (21) additional working days for construction of a revised retaining wall that is in conflict with an existing streetlight for the Midtown Fresno Trail: McKinley Avenue Gap Closure (Midtown Trail Segment 4) Project and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 3 on behalf of the City.
EXECUTIVE SUMMARY
On December 14, 2023, a contract was awarded in the amount of $6,633,609.00 to Avison Construction Company, Incorporated of Madera, California for construction of the Midtown Fresno Trail: McKinley Avenue Gap Closure (Midtown Trail Segment 4) Project which is designed as a pedestrian and cycle multipurpose trail that spans along the north side of Mill Ditch and the south side of McKinley Avenue, linking Millbrook Avenue to Clovis Avenue.
City Council approval of Contract Change Order No. 3 in the amount of $13,554.81, with 21 additional working days that exceeds the Resolution 2017-158 thresholds, will allow for construction to continue related to revisions of a retaining wall that conflicts with an existing streetlight along McKinley Avenue. Approval of this proposed Contract Change Order will allow the project to move forward and provide the necessary work to complete the project. This increase will result in a revised contract total of $6,767,998.49. Funding for this Contract Change Order is provided through a Federal Active Transportation Program (ATP) grant and Local Measure C Trail funds.
BACKGROUND
The McKinley Avenue Gap Closure Project, part of the Midtown Fresno Trail, spans along the north side of Mill Ditch and the south side of McKinley Avenue, linking Millbrook Avenue to Clovis Avenue. This Segment of the larger 7-mile Midtown Trail initiative, is designed as a pedestrian and cycle multipurpose trail that will establish a vital connectivity between the Fresno Area Express hub at Manchester Center and the Clovis Old Town Trail. The original construction contract includes installation of a pedestrian and cycle multipurpose trail, pedestrian amenities, signage and striping, minor road work, driveways, concrete curb and gutter, street and trail lighting, landscaping and irrigation. This Contract Change Order will allow for construction to continue related to revisions of a retaining wall that conflicts with an existing streetlight along McKinley Avenue.
On December 14, 2023, a contract was awarded in the amount of $6,633,609.00 to Avison Construction Company, Incorporated for construction of the Midtown Fresno Trail: McKinley Avenue Gap Closure (Midtown Trail Segment 4) Project. The contractor’s Notice to Proceed was issued with a start date of March 20, 2024, with 180 working days for a contract completion date of December 4, 2024.
There have been two (2) prior Contract Change Orders approved to date totaling $120,834.68, resulting in a revised price contract total of $6,754,443.68. There have been twenty-nine (29) days added to the contract time by the previously executed Contract Change Orders, in addition to seven (7) weather days and no suspension days, resulting in a revised contract completion date of January 28, 2025.
City Council approval of Contract Change Order No. 3 for an additional $13,554.81, with 21 additional working days is required by Resolution 2017-158 (Resolution). The Resolution sets the approval thresholds for individual Contract Time extensions which by itself or aggregated with time increases under previous Change Orders, equals up to thirty (30) days or 20 percent (20%) of the total time allowed under the Contract, whichever is greater. The amount of aggregated Contract Change Order days, including Change Order No. 3, is a total of 50 days (29 previous days plus 21additional days equals 50 total days above the original contract amount), which exceeds both the 30 days and 20% (36 days) of Contract time thresholds of the Resolution. The addition of 21 working days added to the contract time by this Contract Change Order, 29 days added under previously executed Contract Change Orders, results in a revised contract completion date of February 27, 2025. Suspension or weather days are not included or counted under Resolution 2017-158.
This contract is covered by the Community Workforce Agreement (or Project Labor Agreement, PLA), adopted by Council in September 2021. The Contractor for this project has become signatory to the PLA by executing the Agreement To Be Bound.
Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No. 3 for the Midtown Fresno Trail: McKinley Avenue Gap Closure (Midtown Trail Segment 4) Project on behalf of the City.
ENVIRONMENTAL FINDINGS
The overall Midtown Trail Project was previously determined to be consistent with the densities established by existing zoning, community plan or general plan policies, for which an Environmental Impact Report (EIR) was certified, and therefore was eligible for streamlined environmental review as set forth in California Environmental Quality Act (CEQA) Guideline Section 15183. The City’s determination, pursuant to CEQA Guidelines Section 15183 and findings in support of that determination, is reflected in the “Amended and Restated Environmental Assessment No. P20-01778, which was adopted by Council on December 10, 2020. A Notice of Exemption for Environmental Assessment (EA) No. P20-01778 was filed with the Fresno County Clerk on December 16, 2020. This Change Order, to amend the contract amount to allow for the construction of the revised retaining wall, is within the scope of the work contemplated for each segment. In this way, this approval is contemplated by the previously adopted 15183 determination with no further assessment pursuant to CEQA is required at this time.
LOCAL PREFERENCE
Local preference was not implemented based on the conditions of the Federal ATP grant.
FISCAL IMPACT
The Project is located within Council Districts 4 and 7. Funding for this Contract Change Order is provided through a Federal Active Transportation Program (ATP) grant and Local Measure C Trail funds. This Change Order will have no impact on the General Fund.
Attachments:
Construction Contract-Avison Construction
Contract Change Order No. 1
Contract Change Order No. 2
Contract Change Order No. 3
Vicinity Map