REPORT TO THE CITY COUNCIL FROM: DENIX D. ANBIAH, PE, Director Capital Projects Department BY: FRANCISCO V. MAGOS II, PE, Assistant Director Capital Projects Department, Utilities and On-Site Project Management Division DANIEL CARRION, PE, Licensed Professional Engineer Capital Projects Department, Utilities and On-Site Project Management Division SUBJECT ..Title Approve Design-Build Contract Amendment No. 1 to the Progressive Design-Build Agreement with Bomel Construction Company Inc. of Irvine, California to increase the design fee by an amount not to exceed $341,890.00, for a total revised contract value not to exceed $1,954,659.00, and increase contingency by an amount not to exceed $35,000.00, for a total revised contingency amount not to exceed $195,000.00 for the North Fulton Parking Structure Project. (Council District 3) ..Body RECOMMENDATIONS Staff recommends the City Council approve Design-Build Contract Amendment No. 1 to the Progressive Design-Build Agreement with Bomel Construction Company Inc. to increase the design fee by an amount not to exceed $341,890.00, for a total revised contract value not to exceed $1,954,659.00, and increase contingency by an amount not to exceed $35,000.00, for a total revised contingency amount not to exceed $195,000.00 for the North Fulton Parking Structure Project (Project), and authorize the Capital Projects Director or designee to sign Design-Build Contract Amendment No. 1 on behalf of the City of Fresno (City). EXECUTIVE SUMMARY In June 2025, Council approved Phase One of a Progressive Design-Build Agreement with Bomel Construction Company Inc. to provide design services for the North Fulton Parking Structure Project located on the southern half of APN 466-206-50T & 51T along Merced Street. The approved contract included the design of a parking structure containing 234 parking stalls, intended to supply residential parking for future Infill Infrastructure Grant Catalytic (IIGC) housing developments planned for construction on neighboring parcels. In the time since, additional funding from the State of California for the Downtown Fresno Public Infrastructure Improvement Projects grant has been awarded to the project, allowing the capacity of the parking structure to increase from 234 stalls to 600 or more. This increase in capacity will expand the use of the structure to provide public parking for nearby businesses, attractions, amenities, and the future High Speed Rail station. The larger parking structure requires additional design work, resulting in an increase to the Design fee. The Capital Projects Department (CPD) now seeks to amend the Progressive Design-Build Contract with Bomel Construction Company Inc. to increase the design fee by an amount not to exceed $341,890.00, for a total revised contract value not to exceed $1,954,659.00 and increase contingency by an amount not to exceed $35,000.00, for a total revised contingency amount not to exceed $195,000.00. The Progressive Design-Build Contract Amendment will be funded by the State of California for the Downtown Fresno Public Infrastructure Projects grant FY 26 appropriations. BACKGROUND On October 31, 2024, Council approved the use of Fresno Municipal Code Section 4-502(d), Design-Build Qualification Method of procurement for the project. Through a competitive Progressive Design Build procurement process, CPD advertised a Request for Qualifications (RFQ) and Bomel Construction Company Inc. was selected as the Design-Builder for the project. On June 12, 2025, Council awarded the Phase One Design portion of the Progressive Design-Build Agreement to Bomel Construction Company Inc., in the amount of $1,612,769.00. Additional funding has since been awarded to the project from the State of California for the Downtown Fresno Public Infrastructure Improvement Projects grant, allowing for an increase in the capacity of the parking structure from 234 parking stalls to 600 or more. Its function will be expanded to public use from purely residential, with the capability of servicing nearby businesses, attractions, amenities, and the future High Speed Rail station. The Design-Build Contract Amendment No. 1 scope of work includes additional design efforts necessary for this increase in capacity (design of additional six floors, footings and structural considerations to support additional load, fire safety compliance for a larger structure, etc.). The Phase 1 Design portion will be fully funded by the State of California for the Downtown Fresno Public Infrastructure Improvement Projects grant FY 26 appropriations. Staff now recommends City Council approve Design-Build Contract Amendment No. 1 to increase the design fee by an amount not to exceed $341,890.00, for a total revised contract value not to exceed $1,954,659.00, and increase contingency by an amount not to exceed $35,000.00, for a total revised contingency amount not to exceed $195,000.00, and authorize the Capital Projects Director or designee to sign Design-Build Contract Amendment No. 1 on behalf of the City. The Progressive Design Build Contract utilizes a modified Design-Build Institute of America (DBIA) standard Progressive Design-Build Agreement which has been reviewed and approved by the City Attorney's Office as to form. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, this is not a "project' as defined by CEQA. LOCAL PREFERENCE Bomel Construction Company, Inc. is not considered a local business as defined by the Fresno Municipal Code, however one of their design subconsultants would be considered a local business. FISCAL IMPACT The North Fulton Parking Structure is located in Council District 3 and will have no impact on the General Fund. The amendment is fully funded by the State of California for the Downtown Fresno Public Infrastructure Improvement Projects grant FY 26 appropriations. Attachments: Amendment No. 1 to Progressive Design-Build Contract Original Design-Build Contract Vicinity Map Location Map