REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director-Capital Projects Department
AARON A. AGUIRRE, Director
Parks, After School, Recreation and Community Services Department
BY: francisco V. magos II, PE, Assistant Director
Capital Projects Department, Utilities and On-Site Project Management
RICHARD L. MADRIGAL, Project Manager
Capital Projects Department, Utilities and On-Site Project Management
SUBJECT
Title
Approve the Third Amendment to the Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers Inc., of Clovis, California, in the amount of $45,000.00, for a total increased contract amount of $704,828.23, and a remaining contingency amount not to exceed $26,171.77, for the design and preparation of construction documents for the South Peach Avenue Park Project. (Council District 5)
Body
RECOMMENDATION
Staff recommends City Council approve the Third Amendment to the Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers Inc. (BCF) in the amount of $45,000.00, increasing the total contract amount to $704,828.23 with a remaining contingency amount not to exceed $26,171.77, for the design and preparation of construction documents for the South Peach Avenue Park Project (Project) and authorize the Capital Projects Interim Director or designee to execute the Third Amendment on behalf of the City.
EXECUTIVE SUMMARY
Phase 1 of the South Peach Avenue Park Project is currently being constructed on 10-acres of a 49-acre site of City-owned land located at 2155 South Peach Avenue. The parcel was deeded to the City from the United States Department of Agriculture (USDA) in 2006. At the time of ownership transfer, an error within the legal description resulted in a 20-foot strip of land along the southern end of the property to be excluded from the deed. The construction was partially funded by American Rescue Plan Act (ARPA) dollars and due to the funding deadline restrictions, the Phase 1 design and construction of the park excluded the 20-foot strip of land. Additionally, improvements along Geary Street to the south of the project were conditioned as part of the entitlement process and were not included in the original Consultant Services Agreement with BCF. In January 2025, the City completed the acquisition of the remaining land. Staff now recommends approval of the Third Amendment to the Consultant Services Agreement with BCF for the design and preparation of construction documents to incorporate the newly acquired land and improvements along Geary Street into Phase 1 of the Project. The Third Amendment will be funded with Fiscal Year 2025 (FY25) Measure P, Category 2 allocations adopted in the FY25 budget.
BACKGROUND
In 2006, the City was deeded 49 acres of property along South Peach Avenue, between Church and Butler Avenues, by the USDA with the stipulation that the land be used and maintained for public recreation. The property consists of three separate parcels: APN 473-030-07T, APN 481-020-30T, and APN 481-020-29T. Since its first survey and recording in 1872, the original parcel has been sectioned, deeded, and exchanged numerous times. In or around 1934, a legal description for the 49 acres of property deeded to the City by the USDA was recorded and ownership was transferred to Bank of America National Trust and Savings Association (Bank of America). For unknown reasons, a strip of land approximately 20 feet wide along the southern boundary was inadvertently left out of the legal description. This strip of land also was not recorded in the legal descriptions of the properties directly adjacent to the parcel.
On October 20, 2022, the City entered into a Consultant Services Agreement with BCF in the amount of $626,000.00 and a contingency amount not to exceed $60,000.00, to provide site master planning for the 49 acres of City-owned property and to develop construction documents for approximately 10 acres of the southern portion of the property as Phase I of the park development. In July 2023, the City identified an issue with the 20-foot strip of land and determined that inclusion of the land in the park development was not possible at the time because it was not owned by the City. The construction was partially funded by ARPA, and due to funding deadline restrictions, it was necessary to proceed with the design of the park, excluding the 20-foot strip. Additionally, improvements were conditioned as part of the entitlement process along Geary Street to the south of the project were not included in the original Consultant Services Agreement. Improvements include the design of a concrete masonry unit (CMU) wall adjacent to the southern residential development and street improvements along Geary Street.
On January 17, 2025, the City successfully acquired the remaining land through a Quitclaim Deed from Bank of America, recorded with the Fresno County Recorder, Document Number 2025-0004411, which transferred possession of the 20-foot strip to the City. With this acquisition, the City now wishes to incorporate the land into the Project, upon which additional greenspace and improvements along Geary Street will be constructed. The Third Amendment to the Consultant Services Agreement is for development of construction documents specific to the 20-foot strip of newly acquired land.
The City and BCF entered into the First Amendment to the Agreement on March 15, 2023, to increase compensation in the amount of $14,028.23 for a total contract amount of $640,028.23 with a remaining contingency amount not to exceed $45,971.77 for community engagement related services for the park’s design development.
The City and BCF entered into the Second Amendment to the Agreement on October 28, 2024, for additional professional engineering services for the design of an additional natural turf soccer field that was incorporated into the bid package as an additive alternative in the amount of $19,800.00 increasing the total contract amount to $659,828.23 with a remaining contingency amount not to exceed $26,171.77.
Staff now recommends City Council approve the Third Amendment to the Consultant Services Agreement with BCF in the amount of $45,000.00, increasing the total contract amount to $704,828.23 with a remaining contingency not to exceed $26,171.77, to incorporate the newly acquired 20-foot parcel into the South Peach Avenue Park Project and authorize the Capital Projects Interim Director or designee to execute the Third Amendment on behalf of the City. The Third Amendment to the Consultant Services Agreement will be funded utilizing Measure P, Category 2 allocations adopted in the FY25 budget.
The City Attorney’s Office has reviewed and approved the contract documents as to form.
ENVIRONMENTAL FINDINGS
Contract amendment does not qualify as a project pursuant to California Environmental Quality Act (CEQA) Guidelines § 15378.
LOCAL PREFERENCE
Local preference does not apply to this action because this is an amendment to an existing Consultant Services Agreement.
FISCAL IMPACT
The Project is located in Council District 5 and will have no impact to the General Fund. The Amendment will be funded utilizing appropriations from Measure P, Category 2 adopted in the FY2025 budget.
Attachment:
3rd Amendment
2nd Amendment
1st Amendment
Original Agreement
Vicinity Map
Location Map