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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to Adopt Resolution No. 23-11 – A Resolution Amending the Operating Budget for Fiscal Year 2022-2023 to provide additional funding for Butterfly Garden Park (Specifications No. 21/22-03); and authorize the City Manager to execute Amendment No. 1 to the Public Works Contract for Specifications No. 21/22-03, in a form approved by the City Attorney, with ABNY General Engineering, Inc., for additional work for Butterfly Garden Park.
DATE: March 27, 2023
EXECUTIVE SUMMARY
This action would amend the Operating Budget for Fiscal Year 2022-2023 and authorize the City Manager to execute Amendment No. 1 with ABNY General Engineering, Inc. (ABNY) for additional work for Butterfly Garden Park (the “Project”).
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-11;
2) Authorize the City Manager, or designee, to execute Amendment No. 1 to the Public Works Contract with ABNY for Specifications No. 21/22-03, in a form approved by the City Attorney; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The additional amount in Amendment No. 1 is $115,925.91 combined with Change Orders 1 and 2 total of $173,468.02 will result in a cumulative increase of 29.6% from the original contract amount of $977,864.90. The revised contract amount would be $1,267,258.83. Sufficient funds are available in Account No. 030-47922-9000 but additional funds are necessary in Account No. 024-47922-9000. The following budget adjustment is proposed to provide additional funding for the Project:
Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 024-47922-9000 Park Fac Fund/Butterfly Garden Park $419,623 $247,360 $666,983
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Staff Report – Amendment to Public Works Contract for Specifications No. 21/22-03 March 27, 2023
DISCUSSION
On August 8, 2022, the City awarded a contract to ABNY for the construction of Butterfly Garden Park. Two change orders were subsequently issued after commencement as a result of the discovery of idle Chevron pipelines within the project area which required hand-digging to be performed by the contractor as well as design modifications to shift the walking path and landscaping away for the pipelines and incorporate artificial turf as a cover alternative for the pipelines. These changes adjusted the original contract amount from $977,864.90 to $1,151,332.92, representing an increase of 17.74%.
The City recently requested quotes from the contractor to remove the existing chain-link fence along Alondra Boulevard and replace with wrought iron fencing; and to install a gate, mountable curb, and miscellaneous base at the east end of the park property near the billboard. ABNY’s quotes for this additional scope of work amounts to $115,925.91, which would adjust the contract amount to $1,267,258.83, representing a cumulative increase of 29.6% from the original contract amount. In accordance with § 3-2.1 of the Standard Specifications for Public Works Construction (aka, the “Green Book”) which is incorporated into the City’s standard public works contracts, changes to the scope of work that exceed 25% of the original contract price require an amendment to the contract. The proposed amendment would result in a total contract amount of $1,267,258.83, which exceeds the City Manager’s signature authority. Consequently, Public Works recommends that the City Council authorize the City Manager to execute Amendment No. 1 with ABNY for the additional work for the Project.
ATTACHMENT
Resolution No. 23-11....................................................................................................... 3
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CITY OF BELLFLOWER
RESOLUTION NO. 23-11
A RESOLUTION AMENDING THE OPERATING
BUDGET FOR FISCAL YEAR 2022-2023 TO
PROVIDE ADDITIONAL FUNDING FOR
BUTTERFLY GARDEN PARK (SPECIFICATIONS
NO. 21/22-03)
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. The City of Bellflower wishes to complete the construction of Butterfly Garden Park.
B. Butterfly Garden Park (Specifications No. 21/22-03) is estimated to cost $1,475,000 and requires a budget amendment to the Operating Budget for Fiscal Year 2022-2023 and to provide additional funds for the project.
SECTION 2. The City Council hereby amends the Operating Budget for Fiscal Years 2022-2023 as follows:
Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 024-47922-9000 Park Fac Fund/Butterfly Garden Park $419,623 $247,360 $666,983
SECTION 3. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
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City of Bellflower
Resolution No. 23-11
SECTION 7. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 27TH OF MARCH 2023.
________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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