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. 4 in the amount of $1,438,210.00, with one hundred and sixty-six additional working days for additional improvements per the Phase Two and Bulletin Two Requests for Proposal with Avison Construction Company, Inc. of Madera, CA for the Transformative Climate Communities Park at MLK Magnet Core Project, now known as Les Kimber Park - Project ID PW00857. (Bid File 12302905) (Council District 3)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 4 with Avison Construction Co., Inc. of Madera California which increases the contract amount by $1,438,210.00, for a revised contract total of $10,757,946.37, with one hundred and sixty-six (166) additional working days to allow for the addition of sidewalk, asphalt trail, planting and site furniture, as well as grading and drainage of bioswales for the Transformative Climate Communities (TCC) Park at MLK Magnet Core project, now known as Les Kimber Park, and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 4 on behalf of the City of Fresno.
EXECUTIVE SUMMARY
On October 19, 2023, a contract was awarded in the amount of $8,646,293.00 to Avison Construction Co., Inc. of Madera California for the TCC Park at MLK Magnet Core, now known as Les Kimber Park.
City Council approval of Contract Change Order No. 4 in the amount of $1,438,210.00, with 166 additional working days, will allow for work related to: 1) additional sidewalk, asphalt trail, planting and site furniture related to Phase two (2) improvements at a cost increase of $1,267,158.00 and an addition of eighty-four (84) working days; and 2) revisions to on-site grading and drainage of bioswale retention and curb and gutter areas as required by Fresno Metropolitan Flood Control District (FMFCD) related to Bulletin 2 improvements at a cost increase of $171,052.00 and an addition of eighty-two (82) working days. Approval of this proposed Contract Change Order will allow the project to move forward and provide the necessary supplemental improvements required for project completion. This increase will result in a revised contract total of $10,757,946.37. This project is funded by TCC Grant funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement.
BACKGROUND
On October 19, 2023, a contract was awarded in the amount of $8,646,293.00 to Avison Construction Inc., for the TCC Park at MLK Magnet Core project. The project includes the construction and development of a portion of the ten-acre park and a perimeter loop road (West Creek Village Way), which extends from Church Avenue.
The contractor’s Notice to Proceed was issued with a start date of March 25, 2024, and a contract completion date of October 9, 2024. There have been three (3) prior Contract Change Orders approved totaling $673,443.37, resulting in a revised contract total of $9,319,736.37. There have been thirty-two (32) days added to the contract time by the previously executed Contract Change Orders, in addition to seven (7) weather days and no suspension days, resulting in a revised contract completion date of December 6, 2024.
The original construction contract included landscaping with 100 trees, low water use plantings and irrigation, walking paths, restroom wet and dry utilities infrastructure, themed playground area, site furnishings and LED lighting. This Contract Change Order will provide additional TCC funding needed to fully buildout the park with additional improvements including sidewalk, asphalt trail, landscape planting and site furniture as requested by the PARCS Department as well as Bulletin 2 revisions to on-site grading and drainage of bioswale retention and curb and gutter areas as required by FMFCD.
City Council approval of Contract Change Order No. 4 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 and 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. The amount of Contract Change Order No. 4 is $1,438,210.00, which is 24.4% of the original Contract amount. This increase will result in a revised contract total of $10,757,946.37. There will be 166 additional working days added to the contract time by this Contract Change Order, 7 weather days, and no suspension days, resulting in a revised contract completion date to August 5, 2025.
This contract is covered by the Community Workforce Agreement (or Project Labor 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. 4 for the TCC Park at MLK Magnet Core Project on behalf of the City.
ENVIRONMENTAL FINDINGS
On October 19, 2023, as part of the contract award, staff analysis was presented with findings that no subsequent environmental review of the project was required as no substantial changes are proposed or had occurred that would require revisions of the previous Mitigated Negative Declaration. Based upon these findings, it has been determined that no further environmental documentation is required.
LOCAL PREFERENCE
Local preference is not applicable due to the TCC Grant funding.
FISCAL IMPACT
Les Kimber Park (TCC MLK Magnet Core project) is within Council District 3. The project is funded by a combination of TCC grant funding, local Development Park Impact Fees and one-third developer contribution for a portion of the supporting improvements, as detailed in the West Creek Village Development Agreement. Funding is available within the adopted budget to implement the change order. There will have no impact on the General Fund.
Attachments:
Construction Contract-Avison Construction
Contract Change Order No. 1
Contract Change Order No. 2
Contract Change Order No. 3
Contract Change Order No. 4
Vicinity Map