REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANTONIO M. BUELNA, 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. 4 with American Paving Company Incorporated of Fresno, California in the amount of $37,935.87 with one hundred and eighteen (118) additional working days for the Mariposa Plaza Reconstruction Project. (Bid File 12302138-12468) (Council District 3)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 4 with American Paving Company Incorporated, of Fresno, California in the amount of $37,935.87 with one-hundred and eighteen (118) additional working days for multiple unforeseen conditions for the Mariposa Plaza Reconstruction Project, and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 4 on the City’s behalf.
EXECUTIVE SUMMARY
On August 10, 2023, a contract was awarded in the amount of $2,691,094.00 to American Paving Co., Inc, of Fresno, California for the Mariposa Plaza Renovation Project for tree planting, landscaping, lighting, installation of permeable paving, two stages, a shade structure and associated utilities. City Council Approval of Contract Change Order No. 4 in the amount of $37,935.87, with One-hundred and eighteen (118) working days, is necessary to compensate American Paving Co., Inc. for price escalations, multiple estimated Contract Change Order Amounts due to unforeseen site conditions including, but not limited to, ADA issues and complying with PG&E requirements. Approval of this proposed Contract Change Order will allow the project to move forward and provide the necessary funding to complete the project. This increase will result in a revised contract total of $2,832,729.95. The project is fully funded by the TCC Grant Program and a small portion of General Fund.
BACKGROUND
On August 10, 2023, a contract was awarded in the amount of $2,691,094.00 to American Paving Co., Inc, of Fresno, California for the Mariposa Plaza Reconstruction Project. The Notice to Proceed was issued with a starting date of November 30, 2023, and a contract completion date of March 26, 2024.
There have been three (3) prior Contract Change Orders approved to date totaling $103,700.08, resulting in a revised contract total of $2,794,794.08. There have been thirty (30) days added to the contract time by the previously executed Contract Change Orders, with twelve (12) weather days, and two-hundred and ten (210) days of suspension added resulting in a revised contract completion date of March 27,2026.
The original construction contract included reconstruction of the plaza, tree planting, landscaping, lighting, installation of permeable paving, two stages, a shade structure and associated utilities.
During construction, many unforeseen work items and coordination were required to complete the Mariposa Plaza Renovation Project. At the beginning of the project, PG&E began a gas main installation adjacent to the project site limiting the contractor’s ability to access the site which delayed the start of work. In addition to this delay, unforeseen issues arose pertaining to the adjoining Rodder Building and basement and concerns by the owner who believed that the Mariposa Plaza construction would negatively affect his building. Construction was delayed, allowing for an investigation to be conducted, which resulted in a resolution determined by the project’s consultant, a third-party engineering firm, and the City’s Building Department to be satisfactory to both the client department and building owner. This delay, which occurred during the project’s critical path of work resulted in a price escalation. A Due diligence review by the Capital Projects Department of the before and after prices confirmed that the price escalation submitted by the Contractor are appropriate.
In all, changes included minor accessibility corrections, adjustments to meet PG&E electrical requirements, repairs to site features affected by unforeseen field conditions, coordination and joint sealing along the Rodder Building, repairs to stage walls, adjustments for proper drainage and accessibility near the large stage and drinking fountain, and supplemental traffic control during PG&E inspection activities.
City Council approval of Contract Change Order No. 4 for an additional $37,935.87 and one-hundred and eighteen (118) working days is required by Resolution 2017-158, which sets the approval thresholds for individual Contract Change Orders which exceed 1% of the total contract price or $100,000.00 or aggregate Contract Orders that exceed 10% of the original Contract amount, and contract time extensions in excess of thirty (30) days. The amount of Contract Change Order No. 4 is $37,935.87, which is an aggregate total of 5.3% of the original Contract amount. This increase will result in a revised contract total of $2,832,729.95. There will be one-hundred and eighteen (118) additional working days added to the contract time by this Contract Change Order, with 30 working days and 12 weather days, and two hundred and ten (210) days of suspension time previously added to contract time resulting in a contract completion date of September 12, 2026.
|
CCO # |
CCO Amount |
Days Added |
Approved by: |
Reason |
Scope Change |
|
1 |
$41,657.56 |
4 |
Staff |
Unforeseen condition |
Redesign of subgrade and finished grade details 10 feet adjacent to the Rodder Building |
|
2 |
$62,042.52 |
26 |
CMO |
Owner Directed |
Minor underground electrical changes. Additional concrete foundation. Additional switchgear section and ancillary components. |
|
3 |
$0.00 |
0 |
CMO |
Unforeseen conditions |
Weld skate deterrents, re-grading for ADA compliance, add bollards per PG&E requirements, Repairs, Add temporary site lighting, Install temporary irrigation controllers, pay water tie-in fees. |
This contract is covered by the TCC Project Labor Agreement (PLA), which applies to all TCC grant funded projects. The Contractor for this project has become signatory to the PLA by executing the Letter of Assent with the PLA.
Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No.4 for the Mariposa Plaza Renovation Project on behalf of the City.
ENVIRONMENTAL FINDINGS
On August 10, 2023, the Council adopted a finding wherein staff utilized an on-call environmental consultant to perform a preliminary environmental assessment of this project. This project was determined to be Categorically Exempt under Section 15302/Class 2 (Replacement or Reconstruction) of the CEQA Guidelines because existing structures are being reconstructed on the same site as the structures replaced and will have substantially the same purpose and capacity as the structures replaced.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant or cumulative effect on the environment. The project is not located on a hazardous waste site, a historical resource, or adjacent to a scenic highway. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.
LOCAL PREFERENCE
Local preference was not implemented because of the TCC Grant Funding.
FISCAL IMPACT
The Mariposa Plaza Renovation Project is located in Council District 3. The overall cost of the project is $4,018,500 and is grant funded by a TCC grant. A small contribution from General Fund, Council District 3 Infrastructure Funding, was allocated to fund the electrical service upgrade for the project. Of the overall budget of the project, $2,691,094 will be used for the construction contract award, and $178,633.44 will be used for the PG&E Service Agreement.
Attachments:
Construction Contract - American Paving Co, Inc.
Contract Change Order No. 1
Contract Change Order No. 2
Contract Change Order No. 3
Contract Change Order No. 4
Vicinity Map