REPORT TO THE CITY COUNCIL
FROM: Randall W. Morrison, PE, Director
Capital Projects Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation and Community Services Department
BY: francisco V. magos II, PE, Assistant Director
Capital Projects Department, Utilities and On-Site Project Management Division
L. NATHAN SANCHEZ, Projects Administrator
Capital Projects Department, Utilities and On-Site Project Management Division
SUBJECT
Title
Actions pertaining to the Broadway Parque (formerly known as South Tower Park) Project, Bid File 12401868 (Council District 3):
1. Adopt a finding of a Categorical Exemption per staff’s determination, pursuant to Sections 15332/Class 32 and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. PC00204, for the Broadway Parque Project;
2. Approve a substitution of the listed subcontractor Ross Rec with King Khan Drilling & Construction Company;
3. Award a construction contract in the amount of $2,480,119, for the Base Bid plus all five (5) Add Alternates, with Stockbridge General Contracting, Inc. of Clovis, California, as the lowest responsive and responsible bidder for the Broadway Parque Project.
Body
RECOMMENDATIONS
Staff recommends that Council (1) adopt a finding of a Categorical Exemption per staff’s determination, pursuant to Sections 15332/Class 32 and 15304/Class 4 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. PC00204, for the Broadway Parque Project; (2) approve a substitution of the listed subcontractor Ross Rec with King Khan Drilling & Construction Company, and (3) award a construction contract in the amount of $2,480,119, for the Base Bid plus all five (5) Add Alternates, with Stockbridge General Contracting, Inc. of Clovis, California, as the lowest responsive and responsible bidder for the Broadway Parque Project, and authorize the Capital Projects Director or designee to sign and execute the standardized contract on behalf of the City of Fresno.
EXECUTIVE SUMMARY
The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes to construct a new pocket park located on the southeast corner of Elizabeth Street and Broadway Street. This pocket park will allow the neighbors to gather, play and relax in a beautifully landscaped area featuring amenities and features designed in consultation with the community. Staff recommends Council approve the award of this construction contract in the amount of $2,480,119 to Stockbridge General Contracting, Inc. (Stockbridge) for the Broadway Parque Project (Project) as the lowest responsive and responsible bidder and approve the contractor’s request to substitute Ross Rec, who is listed in the bid documents, with King Khan Drilling & Construction Company. The construction contract will be funded using Fiscal Year (FY) 2024 appropriations from Measure P.
Stockbridge notified the City that their subcontractor, Ross Rec, is unable or unwilling to perform and requests they be allowed to substitute King Khan Drilling & Construction Company, to perform installation of the play structures with no increase in cost. This action requires Council approval because Public Contract Code section 4107 requires consent of the awarding authority for a request by a prime contractor for a substitution of a subcontractor.
BACKGROUND
The South Tower Park project was recently named Broadway Parque via approved Resolution 2024-045 on February 22, 2024. Broadway Parque will be a pocket park that incorporates design elements informed through community engagement with immediate neighbors and South Tower area residents. The park will be located on the southeast corner of Elizabeth Street and Broadway Street. The size of the park is approximately 29,000 square feet including the sidewalk and park strips.
On January 13, 2022, Council approved a Consultant Agreement with O’Dell Engineering for the design and preparation of construction documents for the Project. The new park will include picnic tables and benches, a drinking fountain with bottle filler and dog bowl, a play structure with a swing set for 2-5-year-olds and an accessible swing set for 5-12-year-olds, multiple interactive play features, two shade structures, perimeter fencing, sidewalk and driveway improvements, and site lighting. The park will incorporate new and existing trees, water-wise landscaping and irrigation, as well as various concrete and pervious concrete paved pathways.
A Notice Inviting Bids was published on February 14, 2024, distributed to ten (10) building exchanges and posted on the City’s website. The specifications were distributed to seventy-nine (79) prospective bidders. Two (2) on-line bid proposals were received and opened in a public bid opening on March 12, 2024, with the bid amounts for the Base Bid plus all five (5) Add Alternates totaling $2,480,119 and $2,859,224. Stockbridge was the lowest responsive and responsible bidder. Stockbridge provided the City with a request to substitute the listed subcontractor as the listed subcontractor fails or refuses to perform his or her subcontract under Public Contract Code section 4107(a)(3).
In accordance with section 4107 of the Public Contract Code, a Prime Contractor may substitute a listed subcontractor, with the consent of the awarding authority, when the listed subcontractor fails or refuses to perform his or her subcontract as set forth in section 4107. The Subletting and Subcontracting Fair Practice Act requires the Prime Contractor to secure the permission of the awarding agency before substituting a non-listed subcontractor for a listed subcontractor in order to protect the public and subcontractors from bid shopping and bid peddling. (Southern California Acoustics Co., Inc. v. C.V. Holder, Inc. (1969), 71 Cal.2d 719,726). Therefore, Stockbridge has requested that they be allowed to substitute King Khan Drilling & Construction Company to install the playground structure for the contract in place of Ross Rec.
The replacement of the subcontractor for the installation of the play equipment on the contract will not increase the cost of the Project. The construction contract will be funded using FY 2024 appropriations from Measure P.
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 Council adopt a finding of a Categorical Exemption per staff’s determination, pursuant to Sections 15332/Class 32 and 15304/Class 4 of the CEQA Guidelines, Environmental Assessment No. PC00204, approve the substitution of a listed subcontractor, and award the construction contract to Stockbridge General Contracting, Inc. of Clovis, California, in the amount of $2,480,119.00, as the lowest responsive and responsible bidder for the new Broadway Parque Project and authorize the Capital Projects Director or designee to sign and execute the standardized contract on behalf of the City of Fresno.
The City Attorney’s Office has reviewed and approved this item as to form.
ENVIRONMENTAL FINDINGS
Staff has determined that a Categorical Exemption is appropriate based on Sections 15332/Class 32 and 15304/Class 4 of the CEQA Guidelines. Section 15332/Class 32 consists of projects pertaining to in-fill development, consistent with the General Plan and zoning; occur within the city limits on a site less than five acres; contain no habitat for endangered species; would not result in any significant effects relating to traffic, noise, air quality or water quality; and can be adequately served by all required utilities and public services.
Section 15304/Class 4 consists of projects consisting of minor public or private alterations in the condition of land, water, and/or vegetation which does not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The area proposed to be vacated is comprised of right-of-way sidewalk and drive approach that will return to the adjacent public park area. The vacation will remove approximately ±2,756 square feet of right-of-way.
Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project. Staff recommends that Council, based upon its own independent judgment, adopt a finding of a Categorical Exemption per Staff determination, pursuant to Sections 15332 and 15304 of the CEQA Guidelines for the new Broadway Parque Project.
LOCAL PREFERENCE
Stockbridge General Contracting Inc. is a local business, as defined by the Fresno Municipal Code.
FISCAL IMPACT
The Broadway Parque Project is in Council District 3 and will have no impact to the General Fund. The Project will be funded utilizing Measure P, Expenditure Category 2 funds appropriated to the Broadway Parque Project via the FY24 Annual Appropriations Resolution. Additional Measure P, Expenditure Category 2 funds of $203,330 will be needed in FY 2025 for construction phase soft costs and Project closeout.
Attachments:
Environmental Assessment
Standard Contract
Bid Evaluation
Fiscal Impact Statement
Vicinity Map
Location Map