REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Office of Mayor & City Manager
DENIX ANBIAH, PE, 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. 3 in the amount of $195,255.31, with no additional working days for unforeseen work required outside of the original scope with Audeamus, Inc., dba Sebastian, of Fresno, California for the Rebid Jensen Avenue Corridor Intelligent Transportation System Adaptive from Elm to Temperance Avenues Project - Project ID PW00922. (Bid File 3867) (Council Districts 3 and 5)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 3 with Audeamus, Inc., dba Sebastian, of Fresno, California which increases the contract amount by $195,255.31, for a revised contract total of $2,915,267.99, with no additional working days for unforeseen work (installation of conduits, conductors and pull boxes) required outside of the original scope but deemed necessary to complete the project as intended for the Rebid Jensen Avenue Corridor Intelligent Transportation System (ITS) Adaptive from Elm to Temperance Avenues Project and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 3 on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On June 9, 2022, a contract was awarded in the amount of $2,574,600.00 with Audeamus, Inc., dba Sebastian, of Fresno, California for technology improvements at intersections along Jensen Avenue, from Elm Avenue to Temperance Avenue, which includes advanced traffic signal controllers, vehicle detection upgrades, cameras, and networking equipment to allow for real-time communication and coordination with the Traffic Operations Center.
City Council Approval of Contract Change Order No. 3 in the amount of $195,255.31, with no additional working days, is necessary to compensate Audeamus, Inc., dba Sebastian, to complete extra work due to unforeseen site conditions. Work was performed to install conduits, conductors, and pull boxes that were unforeseen needs in order to complete the project. 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 $2,915,267.99. This project is funded by the Federal Congestion Mitigation and Air Quality Improvement Program (CMAQ).
BACKGROUND
The Rebid Jensen Avenue Corridor ITS Adaptive from Elm to Temperance Avenues project includes traffic signal controllers, vehicle detection upgrades, cameras, and networking equipment improvements to thirteen intersections along Jensen Avenue, from Elm Avenue to Temperance Avenue, by improving each intersection’s ability to operate more efficiently and communicate with the City’s Traffic Operations Center through implementation of ITS infrastructure improvements related to the adaptive traffic synchronization system.
On June 9, 2022, a contract was awarded in the amount of $2,574,600.00 to Audeamus, Inc., dba Sebastian, for the Rebid Jensen Avenue Corridor ITS Project. The contractor’s Notice to Proceed was issued with a start date of September 25, 2023, with one hundred eighty (180) working days for a contract completion date of June 11, 2024.
There have been two (2) prior Contract Change Orders approved to date totaling $145,412.68, resulting in a revised contract price total of $2,720,012.68. There have been zero (0) days added to the contract time by the previously executed Contract Change Orders, with seventeen (17) weather days and one hundred twenty (120) suspension days, resulting in a revised contract completion date of December 27, 2024.
City Council approval of Contract Change Order No. 3 for an additional $195,255.31 is required by Resolution 2017-158 (Resolution). The Resolution sets 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. 3 is $195,255.31, which, when combined with previously approved change orders, is an aggregate total of 13.2% of the original Contract amount. This increase will result in a revised contract total of $2,915,267.99. There will be no working days added to the contract time by this Contract Change Order, no working days added by previous Contract Change Orders, 17 weather days, and 120 suspension days resulting in a revised Contract Completion date of December 27, 2024.
The Community Workforce Agreement (or Project Labor Agreement, PLA), adopted by the Council in September 2021, was not included in this project’s bidding requirements as the construction funding authorization did not include provisions for the PLA.
Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No. 3 for the Rebid Jensen Avenue Corridor ITS Adaptive Project on behalf of the City.
ENVIRONMENTAL FINDINGS
On June 9, 2022, the Council adopted a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. Based on staff analysis, it was determined that no adverse environmental impacts would occur because of the proposed project and none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.
LOCAL PREFERENCE
The local preference was not implemented because this project is federally funded.
FISCAL IMPACT
The Jensen Avenue Corridor ITS Adaptive from Elm to Temperance Avenues project is located within Council Districts 3 and 5. The project is funded by the Federal CMAQ grant. This Change Order will have no impact on the General Fund.
Attachments:
Construction Contract - Audeamus, Inc. dba Sebastian
Contract Change Order No. 1
Contract Change Order No. 2
Contract Change Order No. 3
Vicinity Map