Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Nicholas J. Calderon, Director of Parks
Subject: Increase the Not-to-Exceed Amount of the Agreement with Jensen Landscape Contractor, LLC for the Realize Flood Park Project - Phase One [County Project No. P30T1, Project File No. E4995]
RECOMMENDATION:
title
Adopt a resolution increasing the Director of Public Works’ authority to execute change orders to the construction agreement with Jensen Landscape Contractor, LLC, for the Realize Flood Park Project - Phase One, increasing the amount by $105,400, to a new not to exceed amount of $9,949,300.
body
BACKGROUND:
On December 13, 2022, this Board adopted Resolution No. 079396, which authorized the Director of Public Works to proceed with finalizing the plans and specifications and call for sealed bids for the Realize Flood Park Project - Phase One (Project). Phase One includes construction of the small multi-use sport field, tennis/pickleball courts, sand volleyball courts, a basketball court, picnic and reservation areas, walking paths, utility infrastructure, and the northern parking lot as well as landscaping.
On February 27, 2024, this Board adopted Resolution No. 080189, which adopted the plans and specifications, including conformance with general prevailing wages, as established by the Department of Industrial Relations, in the locality in which said work is to be performed for each type of workman needed to execute the contract for the Project. The resolution also authorized an agreement with Jensen Landscape Contractor, LLC for construction of the Project in the amount of $8,949,000 and authorized the Director of Public Works to execute contract change orders to grant time extensions for project completion and payment up to $894,900 in aggregate, for a maximum agreement amount not to exceed $9,843,900.
DISCUSSION:
Unanticipated conditions encountered during construction of the Project have led to a determination that the original “not-to-exceed” amount of the agreement will not be sufficient to appropriately compensate Jensen Landscape Contractor, LLC for the Project based on the following factors:
1) Additional costs were incurred for installing an added layer of geotextile fabric under the new asphalt pathways and picnic areas to prevent ground squirrels from tunneling under and through the pavement. This will mitigate the risk of pathways and picnic areas being damaged and better manage maintenance costs. The total cost for this additional work is approximately $42,500.
2) Additional costs were incurred for modifications to the picnic tables, vehicular gate, and food preparation countertops and barbeques. The picnic tables were modified to comply with updated Americans with Disabilities Act regulations. Reinforcements and adjustments were made to the vehicular gate to prevent sagging. Additional support was also added to the food preparation countertops and barbeques to extend their service life. The total cost for this additional work is approximately $52,000.
3) Additional costs were incurred for unforeseen changes to the original scope of the Project, including compensating the Contractor for standby time while Pacific Gas & Electric (PG&E) completed their work. Additional costs were also incurred by the County for the Contractor’s indirect project costs related to various contract change orders. The total cost for these additional impacts is approximately $10,900.
The Department of Public Works (Department) recommends that this Board consider these unanticipated conditions for the Project and approve the recommended contract increase amount to facilitate completion of the Project. Construction issues or conflicts arise during construction, which must be addressed immediately to keep the Project moving forward. In some cases, these issues require additional compensation. The Department has worked diligently through construction of the Project to minimize additional costs and develop solutions that are timely, effective, and financially responsible.
The County Attorney has reviewed and approved the resolution as to form.
COMMUNITY IMPACT:
The Department, through this recommended action, reaffirms its commitment to advance access to improvements that serve our communities and ensures that critical construction activities can be accomplished. By completing the Project, the County will provide a source of low-cost recreation that supports healthier lifestyles, strengthens community bonds, and creates opportunities for local events and inclusive recreation.
FISCAL IMPACT:
The new not-to-exceed amount of the Jensen Landscape Contractor, LLC construction contract is $9,949,300. The recommended increase of the Project contract by $105,400 will allow for payment to the Contractor for the above-described unanticipated work.
Funds have been allocated in the Parks Department’s Capital Projects Fund and FY 2025-26 Capital Projects Budget for this Project.