REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, 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 Division
RICHARD L. MADRIGAL, Project Manager
Capital Projects Department, Utilities and On-Site Project Management
SUBJECT
Title
Approve Contract Change Order No. 4 with American Paving Co., Inc., of Fresno, California in the amount not to exceed $629,496.67 with two hundred (200) additional working days for the Southeast Fresno Sports Complex Project. (Bid File 12402799) (Council District 5)
Body
RECOMMENDATION
Staff recommends that the City Council approve Contract Change Order No. 4 with American Paving Co., Inc., of Fresno, California in the amount not to exceed $629,496.67 with two hundred (200) additional working days for construction of concrete trail, plantings, site furniture, and street frontage improvements along Geary Street for the Southeast Fresno Sports Complex Project, 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 10, 2024, the City of Fresno awarded a contract in the amount of $9,653,846.35 to American Paving Co., Inc., of Fresno, California for the South Peach Park Project, now known as Southeast Fresno Sports Complex. The Project includes construction of the first 10 acres of a 49-acre park, excluding a 20-foot strip of land along Geary Street which was not yet owned by the City of Fresno but acquired in January 2025.
City Council approval of the proposed Contract Change Order No. 4 in the amount not to exceed $629,496.67, with two hundred (200) additional working days, will enable construction of a concrete trail, additional plantings, site furniture, a masonry buffer wall, and street frontage improvements along Geary Street. Approval of this proposed Contract Change Order will allow the Project to move forward and provide the necessary improvements required for Project completion. This increase will result in a revised not to exceed contract total of $10,329,941.72. The Project is funded by American Rescue Plan Act (ARPA) funds and Measure P Category 2 allocations adopted in the Fiscal Year (FY) 2026 budget. Contract Change Order No. 4 will be funded utilizing appropriations from Measure P, Category 2 adopted in the FY2026 budget.
BACKGROUND
On October 10, 2024, a contract was awarded in the amount of $9,653,846.35 to American Paving Co., Inc., of Fresno, California for the South Peach Park Project, now known as Southeast Fresno Sports Complex. The Notice to Proceed was issued with a starting date of February 10, 2025, and a contract completion date of October 16, 2025.
There have been three (3) prior Contract Change Orders approved totaling $46,598.70, resulting in a revised contract total of $9,700,445.05. There have been thirty (30) days added to the contract time by the previously executed Contract Change Orders, in addition to twenty (20) weather days, resulting in a revised contract completion date of December 31, 2025.
The original construction contract included developing 10 acres of a 49-acre site owned by the City of Fresno at 2155 South Peach Avenue with landscaping, soccer fields, open space play areas, picnic areas, playground equipment, and a pre-manufactured restroom building. The site parcels were deeded to the City of Fresno from the United States Department of Agriculture (USDA) in 2006, but at the time of ownership transfer, an error in the legal description resulted in a 20-foot strip of land at the southern end of the property along Geary Street being excluded from the deed. Due to the funding deadlines for ARPA funds, the Project’s design and construction excluded the 20-foot strip of land and Geary Street improvements. In January 2025, the City of Fresno completed the acquisition of the remaining land and on March 13, 2025, City Council approved an amendment to the Consultant Services Agreement with Blair, Church & Flynn Consulting Engineers, Inc., of Clovis, California to design the remaining 20-foot strip and Geary Street improvements. This Contract Change Order will provide additional funding and contract time needed to develop the 20-foot strip of land and construct the Geary Street improvements that were not included in the original contract.
City Council approval of Contract Change Order No. 4 is required by Resolution 2017-158, which sets the approval thresholds for contract change orders. For contracts under $10,000,000, individual contract change orders which exceed 1% of the total contract price or $100,000, whichever is greater, or provide a contract time extension which by itself or aggregated with time increases allowed under previous contract change orders equals or exceeds thirty (30) days or 20 percent (20%) of the total time allowed under the Contract, whichever is greater, shall be subject to prior authorization from City Council. The amount of Contract Change Order No. 4 is $629,496.67, which is 7.0% of the original Contract amount. This increase will result in a revised contract total of $10,329,941.72. There will be two hundred (200) additional working days added to the contract time by this contract change order and thirty (30) weather days, resulting in a revised contract completion date of October 28, 2026. Contract Change Order No. 4 will be funded utilizing Measure P, Category 2 allocations adopted in the FY2026 budget.
|
CCO # |
CCO Amount |
Days Added |
Approved by |
Reason |
Scope Change |
|
1 |
$14,896.50 |
3 days |
Staff |
Unforeseen conditions |
Substituting 18’’ reinforced concrete pipe installation and 69 LF of 18’’ RCP storm drain pipes to meet Flood Control standards. Additional J-hook ground anchors for the chain link fence added to scope of work. |
|
2 |
$0 |
27 days |
CMO |
Unforeseen conditions |
Time extension due to extended time for deferred submittal review by Development Department for the prefabricated restroom. |
|
3 |
$31,702.20 |
0 days |
Staff |
Unforeseen condition |
Quantity increase of Bid Item 26 by 1,585 SF. Funds in project available to cover cost. |
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 construction of a concrete trail, plantings, site furniture, and street frontage improvements along Geary Street for the Southeast Fresno Sports Complex Project on behalf of the City of Fresno.
ENVIRONMENTAL FINDINGS
On October 10, 2024, Council adopted an Addendum to the Initial Study (IS) and Mitigated Negative Declaration (MND) associated with Environmental Assessment No. P21-00726. This assessment was originally prepared for Development Permit Application No. P21-00726, which pertains to the proposed development of the 49-acre site and approved by the Planning Department on June 9, 2021.
Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, staff analysis determined that no substantial changes are proposed or have occurred that would require revisions to the previous MND or Addendum. Based on these findings, no further environmental documentation is required for the Project.
LOCAL PREFERENCE
Local preference was not implemented because of federal ARPA funding.
FISCAL IMPACT
The Project is located in Council District 5 and will have no impact to the General Fund. Contract Change Order No. 4 will be funded utilizing appropriations from Measure P, Category 2 adopted in the FY2026 budget.
Attachments:
Construction Contract - American Paving Co.
Contract Change Order No. 1
Contract Change Order No. 2
Contract Change Order No. 3
Contract Change Order No. 4
Vicinity Map