REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
PAUL AMICO, PE, Director
Department of Public Utilities
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. 02 with Emmett’s Excavation Incorporated of Clovis, California in the amount of $0.00 with one hundred twenty-three (123) additional working days for the Sewer Rehab Improvements in the Area Bound by Shields, Dakota, Fruit, and Palm Avenues Project - Bid File No. 12302877. (Council District 1)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 02 with Emmett’s Excavation Incorporated of Clovis, California in the amount of $0.00 with one hundred twenty-three (123) additional working days to allow for the resolution of Liquidated Damages for the Sewer Rehab Improvements in the Area Bound by Shields, Dakota, Fruit, and Palm Avenues Project, and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 02 on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On February 01, 2024, a Contract was awarded in the amount of $5,077,159.00 to Emmett’s Excavation Incorporated of Clovis, California for the Sewer Rehab Improvements in the Area Bound by Shields, Dakota, Fruit, and Palm Avenues Project to perform removal and replacement of portions of sewer mains, point repairs, installation of cured-in-place pipe (CIPP) liners in existing sewer mains, removal and replacement of existing manholes, and rehabilitation of existing manholes.
City Council approval of Contract Change Order No. 02 in the amount of $0.00 with one hundred twenty-three (123) additional working days, will allow for the resolution of Liquidated Damages. The resolution of Liquidated Damages will not increase the cost of the project.
BACKGROUND
On February 01, 2024, a Contract was awarded in the amount of $5,077,159.00 to Emmett’s Excavation Incorporated for the Sewer Rehab Improvements in the Area Bound by Shields, Dakota, Fruit, and Palm Avenues Project. The Notice to Proceed was issued with a start date of May 06, 2024, and a contract completion date of November 14, 2024.
There has been one previous Contract Change Order totaling $100,000.00 resulting in a revised increase contract total of $5,177,159.00. There have been no days added to the contract time by previous Contract Change Order. With one (1) additional working day due to weather approved to date, resulting in a revised Contract Completion Date of November 15, 2024.
|
CCO # |
CCO Amount |
Days Added |
Approved by: |
Reason |
Scope Change |
|
1 |
$100,000.00 |
0 |
City Manager |
Owner Directed |
Increase/Decrease of Bid Items 39, 40, 36, 37, and 38 |
The original construction contract included removal and replacement of portions of sewer mains, point repairs, installation of cured-in-place pipe (CIPP) liners in existing sewer mains, removal and replacement of existing manholes, and rehabilitation of existing manholes.
This Contract Change Order resolves the issue of Liquidated Damages by granting an extension of one hundred twenty-three (123) working days and releasing previously withheld damages totaling $123,000.00. The decision to release these days was made after careful evaluation of delays attributable to both the City and the Contractor over the course of the contract. The submittal and review process took longer than anticipated at no fault to the contractor. However, the formatting of what was submitted did affect the processing. Administrative and coordination factors also contributed to the overall timeline, and items previously removed from the project scope were added back in as a result of the CCTV review process. Both the City and Contractor agreed to the thirty (30) day liquidated damages submitted in the Contract Change Order.
City Council approval of Contract Change Order No. 02 is required by Resolution 2017-158, which sets the approval threshold 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. There will be one hundred and twenty-three (123) additional working days added to the contract time by this Contract Change Order.
The Project Labor Agreement (PLA), adopted by Council in September 2021, applies to this Project because the engineer’s estimate for this Project exceeded $1 million, pursuant to the terms of the PLA.
Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No. 02 for the Sewer Rehab Improvements in the Area Bound by Shields, Dakota, Fruit, and Palm Avenues Project on behalf of the City of Fresno.
ENVIRONMENTAL FINDINGS
On February 01, 2024, the Council adopted a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the CEQA Guidelines. Staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this Project.
LOCAL PREFERENCE
Local Preference was not implemented because the lowest responsive and responsible bidder is a local business pursuant to the Fresno Municipal Code Section 4-108(d).
FISCAL IMPACT
There is no impact on the General Fund. Funding for this Project is included within the Wastewater Management Division’s Sewer Enterprise Fund. This project is located in Council District 1.
Attachments:
Construction Contract - Emmett’s Excavation Incorporated
Contract Change Order No. 01
Contract Change Order No. 02
Location Map
Vicinity Map