REPORT TO THE CITY COUNCIL
FROM: BRIAN BARR, Director
General Services Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation, and Community Services Department
BY: ROBIN O’MALLEY, Facilities Manager
General Services Department, Facilities Management Division
MARSHALL SMITH, Project Manager
General Services Department, Facilities Management Division
SUBJECT
Title
Actions pertaining to the Lafayette Park Restroom Renovation Project (Bid File 12500709) (Council District 7)
1. Award a construction contract to Better Enterprises, Inc. of Fresno, California, in the amount of $205,853.00 for the Lafayette Park Restroom Renovation project located at 1516 E. Princeton, Fresno
2. Authorize the Director of General Services or designee to sign and execute all related documents
Body
RECOMMENDATION
Staff recommends Council award a construction contract to Better Enterprises, Inc. in the amount of $205,853.00 for the Lafayette Park Restroom Renovation project and authorize the Director of General Services or designee to sign and execute all related documents.
EXECUTIVE SUMMARY
Lafayette Park is a popular community hub featuring a community center that offers diverse programs and activities for residents of all ages and backgrounds. The proposed restroom remodels will enhance accessibility and functionality while modernizing both the appearance and design of each facility.
On November 21, 2024, Council awarded a construction contract for this project to Estate Design and Construction, Inc. The City entered into an agreement with the contractor on December 18, 2024; however, following execution, the contractor failed to provide the required insurance and bonding documentation. The contractor’s failure to meet contractual requirements constituted a material breach of contract and sufficient cause for the City to recommend award to the next lowest responsive and responsible bidder. As a result, General Services is returning to Council requesting approval to award the construction contract to the next lowest responsive and responsible bidder Better Enterprises, Inc.
BACKGROUND
The City of Fresno Parks, After School, Recreation and Community Services (PARCS) Department wishes to remodel the restrooms within the existing community center. Lafayette Park is a 4.34 Acre public park located on the corner of Princeton Avenue and Glenn Avenue just West of Blackstone Avenue and South of Shields Avenue. The community center has been in use since 1980, contributing to the area with a well utilized space for residents.
The park restroom remodel will revitalize the facility by replacing the plumbing fixtures, restroom accessories, and toilet partitions. The floor will be stripped and epoxy-coated to enhance cleanliness and serviceability. The men’s and women’s restrooms will be swapped to enable improved accessibility by utilizing the existing space to its maximum capacity. Plans and specifications were prepared by Temple Andersen Moore Architects, LLP.
A Notice Inviting Bids was published on September 20, 2024, distributed to seven (7) building exchanges, and posted on the City’s website. The specifications were distributed to twenty-one (21) prospective bidders. Four (4) on-line bid proposals were received and opened in a public bid opening on October 22, 2024, with the bid amounts ranging from $189,800.00 to $321,327.80.
On November 21, 2024, Council awarded a construction contract to the lowest responsive and responsible bidder, Estate Design and Construction, Inc. The City entered into an agreement with the contractor on December 18, 2024; however, following execution, the contractor failed to provide the required insurance and bonding documentation. Despite multiple attempts by staff to obtain the necessary documents and assist the contractor in complying, Estate Design and Construction, Inc. remained noncompliant. Their continued failure to meet contractual requirements prevented the commencement of work and constituted a material breach of contract.
In accordance with page 2.8 of Division II - General Conditions, failure to submit required documents within the specified timeframe (15 calendar days from the Notice of Award, or 10 working days if federal funds are involved) provides sufficient cause for the City to recommend award to the next lowest responsive and responsible bidder. Required contract documents include, but are not limited to: the executed contract, Payment and Performance Bonds, insurance certificates, Workers' Compensation Insurance Certificate, Fair Employment Practices Form, and any other documents required by the specifications.
The City Attorney has approved the contract as to form.
ENVIRONMENTAL FINDINGS
On November 21, 2024, Council adopted a finding of Categorical Exemption per staff determination, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines for the Lafayette Park Restroom Renovation Project that the proposed project is exempt from the California Environmental Quality Act (CEQA) as set forth in CEQA Guidelines Section 15301.
None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project.
LOCAL PREFERENCE
Local preference is not applicable due to the Federal funding for this project.
FISCAL IMPACT
There will be no General Fund used for this project. The Restroom Remodel project construction contract amount of $205,853.00 is funded with American Rescue Plan Act (ARPA) funds and Measure P funds included in PARC’s fiscal year 2025 budget.
Attachments:
Bid Evaluation
Fiscal Impact Statement