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. 6 in the amount not to exceed $112,478.32, with sixty (60) additional working days, for the installation of one step-up transformer, battery controllers for the irrigation system, installation of six (6) solar lights, regrading a valley gutter, grading and compacting for the monument sign, the relocation of electrical conduits, and the installation of a bubbler, with Avison Construction Company, Inc. of Madera, CA for the Transformative Climate Communities Park at MLK Magnet Core (Les Kimber Park) Project - Project ID PW00857. (Bid File 12302905) (Council District 3)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 6 with Avison Construction Co., Inc. of Madera California which increases the contract amount not to exceed $112,478.32, for a revised contract total not to exceed $10,992,895.24, with sixty (60) additional working days to allow for the installation of one (1) step-up transformer, battery controllers for the irrigation system, six (6) solar lights for the play area, regrade and compact one (1) valley gutter, relocate an electrical conduit and install one drain bubbler at the Transformative Climate Communities (TCC) Park at MLK Magnet Core Project (Les Kimber Park) and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 6 on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On October 19, 2023, a contract was awarded in the amount of $8,646,293.00 to Avison Construction Co., Incorporated of Madera California for the TCC Park at MLK Magnet Core, now known as Les Kimber Park.
City Council proposed approval of Contract Change Order No. 6 in the amount of $112,478.32, with sixty (60) additional working days, will allow for work related to the installation of one (1) step-up transformer between the Booster Pump and the Main Switch Board, with twenty-four (24) additional working days; installation of battery controllers for the irrigation system; installation of six (6) solar lights with foundations around the play area with thirty (30) additional working days; regrading and compacting the valley gutter area at Church Avenue and West Creek Village Way with one (1) additional working day; excavating, grading and compacting the new monument sign location with one (1) additional working day; demolition, grading, compacting and relocating electrical conduit for the new storm drain inlet installation on the west side of the site with one (1) additional working day; locating one drainpipe and installing one (1) drain with three (3) additional working days.
Approval of this proposed Contract Change Order will allow the project to move forward and provide the necessary supplemental improvements required for project completion. This increase will result in a revised contract total of $10,992,895.24. This project is funded by TCC Grant funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement.
BACKGROUND
On October 19, 2023, a contract was awarded in the amount of $8,646,293.00 to Avison Construction Incorporated, for the TCC Park at MLK Magnet Core project, now known as Les Kimber Park. The project includes the construction and development of a ten-acre park and a perimeter loop road (West Creek Village Way), which extends off Church Avenue.
The contractor’s Notice to Proceed was issued with a start date of March 25, 2024, and a contract completion date of October 9, 2024. There have been five (5) prior Contract Change Orders approved totaling $2,234,123.92 resulting in a revised contract total of $10,880,416.92. There have been two-hundred and fifty-six (256) days added to the contract time by the previously executed Contract Change Orders, in addition to fourteen (14) weather days and no suspension days, resulting in a revised contract completion date of November 5, 2025.
This Contract Change Order will provide funding needed for the installation of one (1) step-up transformer, battery controllers for the irrigation system, the installation of six (6) solar lights around the play area, regrading a valley gutter at Church Avenue and West Creek Village Way, relocating, grading and compacting for the new location of the monument sign, the relocation of electrical conduits for the new storm drain inlet, and the installation of a drain in a bio-swale.
This Contract Change Order adds sixty (60) additional working days to the contract time due to design changes. Twenty-four (24) additional days are allocated for the acquisition and installation of one step-up transformer due to incompatible equipment. Thirty (30) days are allocated for the acquisition and installation of six (6) solar lights added around the play area. One (1) day is allocated for regrading the valley gutter at Church Avenue and West Creek Village Way. One (1) day is allocated for the relocation of an electrical conduit for the new storm drain inlet on the west side of the project. Three (3) days are allocated for locating a drain line and installing one (1) bubbler drain that was omitted in Bulletin 2 but later found to be needed.
City Council approval of Contract Change Order No. 6 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 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 20 percent (20%) of the total time allowed under the Contract, whichever is greater. The amount of Contract Change Order No. 6 is $112,478.32, which is 27.1% of the original Contract amount. This increase will result in a revised contract total of $10,992,895.24. There will be sixty (60) additional working days added to the contract time by this Contract Change Order, fourteen (14) weather days, and no suspension days, resulting in a revised contract completion date to February 5, 2026.
This project is funded by TCC Grant Funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement.
This contract is covered by the Transformative Climate Communities Project Labor Agreement (TCC PLA), adopted by Council in August 2017. The Contractor for this project has become signatory to the TCC 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. 6 for the TCC Park at MLK Magnet Core Project on behalf of the City.
|
CCO # |
CCO Amount |
Days Added |
Approved by: |
Reason |
Scope Change |
|
1 |
$567,390.00 |
32 |
Council |
Utilities |
Utility directed PG&E Rule 16 |
|
2 |
$84,006.21 |
0 |
City Manager |
Unforeseen conditions |
Unforeseen sewer and storm drain complications |
|
3 |
$22,047.16 |
0 |
City Manager |
Unforeseen conditions |
Bio-swale basins |
|
4 |
$1,438,210.00 |
166 |
Council |
Owner Directed |
Addition of Les Kimber Park Phase 2 |
|
5 |
$122,470.55 |
58 |
Council |
Owner Directed |
Monument sign, roadway redesign and play area changes |
ENVIRONMENTAL FINDINGS
On October 19, 2023, as part of the contract award, staff analysis was presented with findings that no subsequent environmental review of the project was required as no substantial changes are proposed or had occurred that would require revisions of the previous Mitigated Negative Declaration. Based upon these findings, it has been determined that no further environmental documentation is required.
LOCAL PREFERENCE
Local preference was not implemented because of TCC Grant Funding.
FISCAL IMPACT
Les Kimber Park (TCC MLK Magnet Core Project) is within Council District 3. The project is funded by a combination of TCC grant funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement. Funding is available within the adopted budget to implement the change order. 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
Contract Change Order No. 4
Contract Change Order No. 5
Contract Change Order No. 6
Vicinity Map
Location Map