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. 7 in the amount of $89,220.27, with no additional working days for balancing of Contract Bid Item overruns and underruns with Emmett’s Excavation, Incorporated of Clovis, California for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project - Project ID PW00926. (Bid File 12300361-12691) (Council Districts 1 and 7)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 7 with Emmett’s Excavation, Inc., of Clovis, California which increases the contract amount by $89,220.27, for a revised contract total of $2,987,907.75, with no additional working days for balancing of Contract Bid Item overruns and underruns for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Project and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 7 on the City’s behalf.
EXECUTIVE SUMMARY
On June 22, 2023 a contract was awarded in the amount of $2,649,222.00 to Emmett’s Excavation, Inc, of Clovis, California for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project to provide improvements to pedestrian accessibility along Blackstone Avenue by constructing missing sidewalk segments, ADA-compliant commercial drive approaches, water infrastructure improvements, upgrading street lighting, and installing pedestrian-scale lighting between Hedges Avenue and Cambridge Avenue. City Council Approval of Contract Change Order No. 7 in the amount of $89,220.27, with no additional working days, is necessary to compensate Emmett’s Excavation, Inc. for balancing of Contract Bid Item quantity overruns and underruns due to unforeseen site conditions. 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 $2,987,907.75. This project is funded by an Affordable Housing and Sustainable Communities (AHSC) grant, SB1 Road Maintenance and Rehabilitation Account (RMRA) funds, and water enterprise funds.
BACKGROUND
On June 22, 2023, a contract was awarded in the amount of $2,649,222.00 to Emmett’s Excavation, Inc. for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project. The Notice to Proceed was issued with a starting date of February 12, 2024, and a contract completion date of August 14, 2024.
There have been six (6) prior Contract Change Orders approved to date totaling $249,465.48, resulting in a revised contract total of $2,898,687.48. There has been thirty (30) days added to the contract time by the previously executed Contract Change Orders, with fifty-five (55) non-working days added due to circumstances beyond the Contractor’s control, such as weather and coordinating with other entities, that impacted progress on critical path activities, resulting in a revised contract completion date of December 17, 2024.
City Council approval of Contract Change Order No. 7 for an additional $91,179.77 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. The amount of Contract Change Order No. 7 is $89,220.27, which is an aggregate total of 12.9% of the original Contract amount. This increase will result in a revised contract total of $2,987,907.75. There will be no additional working days added to the contract time by this Contract Change Order, with 30 working days and 55 non-working days previously added to contract time resulting in a contract completion date of December 17, 2024.
This project improves pedestrian accessibility along Blackstone Avenue by constructing missing sidewalk segments, upgrading street lighting, and installing pedestrian-scale lighting between Hedges Avenue and Cambridge Avenue. Additional work includes ADA-compliant commercial drive approaches and water infrastructure improvements funded by the Department of Public Utilities.
During construction, it was determined that the originally estimated quantities for sidewalk, lighting, and related infrastructure were insufficient due to site constraints and unforeseen conditions. The additional quantities ensure compliance with project specifications and safety requirements. This change order ensures project completion in accordance with City Standards.
This contract is covered by the Community Workforce 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.7 for the Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project on behalf of the City.
ENVIRONMENTAL FINDINGS
Environmental Assessment Application P21-01288 was previously adopted by City Council on April 28, 2022 as file ID 22-611, when the construction contract for the Class IV Bikeway project on Van Ness and Wishon/Fulton, which is a component of this Blackstone TOD project, was awarded. No further environmental review is required for this change order.
LOCAL PREFERENCE
Local preference is not applicable due to state grant funding requirements.
FISCAL IMPACT
The Blackstone Avenue and McKinley Avenue Transit Oriented Development Sidewalk and Lighting Project is located within Council Districts 1 and 7. The overall project is funded by an AHSC grant, SB1 RMRA funds, and water enterprise funds. This Change Order will have no impact on the General Fund.
Attachments:
Construction Contract - Emmett’s Excavation, Inc.
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
Contract Change Order No. 7
Vicinity Map