REPORT TO THE CITY COUNCIL FROM: DENIX D. ANBIAH, PE, Director Capital Projects Department SCOTT L. MOZIER, PE, Director Public Works Department BY: ANTONIO M. BUELNA, PE, Assistant Director Capital Projects Department, Administration Division KELLY YOST, PE, Construction Manager Capital Projects Department, Construction Management Division SUBJECT ..Title Approve Contract Change Order No. 5 in the amount of $122,470.55, with fifty-eight (58) additional working days for additional improvements to Les Kimber Park for the installation of one monument sign, the redesign at the intersection of West Creek Village and Church Avenue, storm drain adjustments on the west side of the project, the installation of one four-inch water service and the installation of shotcrete at the play area with Avison Construction Company, Incorporated of Madera, California for the Transformative Climate Communities Park at MLK Magnet Core Project - Project ID PW00857. (Bid File 12302905) (Council District 3) ..Body RECOMMENDATION Staff recommends that the City Council approve Contract Change Order No. 5 with Avison Construction Co., Incorporated of Madera, California which increases the contract amount by $122,470.55, for a revised contract total of $10,880,416.92, with fifty-eight (58) additional working days to allow for the installation of one monument sign, the redesign at the intersection of West Creek Village and Church Avenue, storm drain adjustments on the west side of the project, the installation of one four-inch water service and the installation of shotcrete at the play area for the Transformative Climate Communities (TCC) Park at MLK Magnet Core project and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 5 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., Incorporated of Madera, California for the TCC Park at MLK Magnet Core. City Council approval of Contract Change Order No. 5 in the amount of $122,470.55, with fifty-eight (58) additional working days, will allow for work related to: 1) Installation of one monument sign at a cost of $32,428.00 2) Redesign changes at the intersection of West Creek Village and Church Avenue at a cost of $4,540.00 3) Adjustments to the storm drain on the west end of the project resulting from grade changes implemented in Bulletin 2 at a cost of $32,035.55 4) Installation of one four-inch water service at an estimated cost of $12,000.00 5) Installation of shotcrete and re-grading the slope in the play area at a cost of $41,467.00. 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 $10,880,416.92. 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 Incorporated, for the TCC Park at MLK Magnet Core project. The project includes the construction and development of a ten-acre park and a perimeter loop road (West Creek Village Way), which extends off of 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 four (4) prior Contract Change Orders approved to date totaling $2,111,653.37. There has been one-hundred, and ninety-eight (198) 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 August 5, 2025. CCO# CCO Amount Days Added Purpose 1 $567,390 32 Utility directed PG&E Rule 16 2 $84,006.21 0 City directed contractor to backfill unforeseen sewer work. 3 $22,047.16 0 City directed contractor to purchase Bio-swale basins 4 $1,438,210 166 City directed contractor for additional work per RFP No.8 (Approved by Council on 5/1/2025) City Council approval of Contract Change Order No. 5 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. 5 is $122,470.55, which is 25.8% of the original Contract amount. This increase will result in a revised contract total of $10,880,416.92. There will be fifty-eight (58) additional working days added to the contract time by this Contract Change Order, seven (7) weather days, and no suspension days, resulting in a revised contract completion date to October 27, 2025. This Contract Change Order will provide the funding necessary for the following work and associated city-directed changes: the installation of one monument sign per the request of the client; redesign work at the intersection of West Creek Village and Church Avenue due to delays related to PG&E Rule 20; storm drain adjustments on the west side of the project as requested by the Fresno Metropolitan Flood Control District (FMFCD); and the installation of one four-inch water service and shotcrete at the play area, both resulting from consultant design conflicts. 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. This contract is covered by the Transformative Climate Communities Project Labor Agreement (TCC PLA), adopted by Council in August 2017. The Contractor for this project has become signatory to the TCC 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. 5 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. This Change Order 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 Contract Change Order No. 5 Vicinity Map