REPORT TO THE CITY COUNCIL FROM: RANDALL W. MORRISON, 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 ARMANDO CERVANTES, Project Manager Capital Projects Department, Utilities and On-Site Project Management Division SUBJECT ..Title Approve the Fourth Amendment to the Professional Architectural Service Agreement with O'Dell Engineering Inc., of Fresno, California in the amount of $35,930, increasing the total contract amount to $646,330, with a remaining contingency of $3,500, for professional engineering services for the Cary Park project location part of the Play Structure Improvements Project (Council District 4). ..Body RECOMMENDATIONS Staff recommends City Council approve the Fourth Amendment to the Professional Architectural Service Agreement with O'Dell Engineering Inc., (O'Dell) of Fresno, California in the amount of $35,930, increasing the total contract amount to $646,330 with a remaining contingency of $3,500, for professional engineering services for the Play Structure Improvements Project and authorize the Capital Projects Director or designee to execute the Fourth Amendment on behalf of the City. EXECUTIVE SUMMARY The City of Fresno Parks, After School, Recreation and Community Services Department (PARCS) proposes to design play structure improvements at the following parks: Bigby-Villa Park, Cary Park, Lafayette Park, Maxie L. Parks, Orchid Park, Romain Park, Rotary East Park, Sunnyside Park, Vinland Park, Logan Park, and Neilson Park within the city of Fresno. On May 3, 2023, Council approved the Consultant agreement between the City and O'Dell which included the following scope of work: where applicable, provide assessment, recommendation, and construction documents for the replacement of wood fiber with soft-fall safety surfacing, installation of shade structures, and refurbishment or replacement of aging equipment. Additionally, O'Dell provided recommendations to improve accessible paths of travel from existing public right of way and parking lots to play structure areas. Staff now recommends approval of the Fourth Amendment to the Professional Engineering Services Agreement with O'Dell to facilitate development of the engineered plans, supporting calculations, and specifications for a new play structure to be installed by KABOOM!, Inc., a non-profit organization, at Cary Park. These improvements will enhance park guest experience, safety, and accessibility. The Fourth Amendment to the Consultant Services Agreement will be funded with Fiscal Year 2025 (FY25) American Rescue Plan Act allocations adopted in the FY25 budget. BACKGROUND On November 17, 2022, Council approved a resolution authorizing the PARCS Director or designee to submit a grant application to KABOOM! to fund and implement community engagement, project management, design and community organizing for the construction of a new play structure at University Park. PARCS was awarded the grant and subsequently entered into an agreement with KABOOM!, to complete the project at University Park. Upon additional research, an existing deed restriction was identified prohibiting the construction of play apparatus on the University Park property. Therefore, the City Council approved the First Amendment to the 2024 Playspace Agreement with KABOOM! Inc., on August 29, 2024, changing the proposed project location from University Park to Cary Park. The Consultant Services Agreement for the Play Structure Improvements Project dated May 3, 2023, allocated a total amount of $429,400 with a contingency amount of $44,000. The scope of work originally identified 10 parks with an additional park as an optional contingency. The First Amendment to the Consultant Services Agreement dated August 24, 2023, in the amount of $37,000, increased the total contract amount to $466,400, with a remaining contingency of $7,000, for the additional scope of services for play structure improvements at Logan Park. The Second Amendment to the Consultant Services Agreement dated October 23, 2023, in the amount of $3,500, increased the total contract amount to $469,900, with a remaining contingency of $3,500, for an additional scope of services to provide an assessment of the existing play structure area at Neilsen Park. The Third Amendment to the Consultant Services Agreement dated November 17, 2023, in the amount of $140,500, increased the total contract amount to $610,400, with a remaining contingency of $3,500, for the development of accessibility improvement plans of all structures within the project per the recommendations provided. Staff now recommends City Council approve the Fourth Amendment to the Consultant Services Agreement with O'Dell Engineering Inc., in the amount of $35,930, increasing the total contract amount to $646,330, with a remaining contingency of $3,500, for preparation of plans and structural calculations for the play structure to be installed at Cary Park by KABOOM!, Inc., a non-profit organization, and authorize the Capital Projects Director or designee to execute the Fourth Amendment on behalf of the City. The Fourth Amendment to the Consultant Services Agreement will be funded with American Rescue Plan Act allocations adopted in the FY25 budget. The City Attorney's Office has reviewed and approved the proposed amendment as to form. ENVIRONMENTAL FINDINGS Contract amendment does not qualify as a project pursuant to California Environmental Quality Act (CEQA) Guidelines � 15378. LOCAL PREFERENCE O'Dell Engineering, Inc., is a local business, as defined by the Fresno Municipal Code. FISCAL IMPACT The proposed projects that are part of the original agreement are located in Council Districts 2, 3, 4, 5, 6 and 7. The scope of work associated with the amendment as part of this staff report is located in Council District 4. The Project will be funded utilizing Fiscal Year 2025 American Rescue Plan Act and General Fund allocations. Attachments: Fourth Amendment Third Amendment Second Amendment First Amendment Original Agreement Vicinity Map Location Map