14-K
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works
SUBJECT: Consideration and possible action to Adopt Resolution No. 24-09 – A Resolution Amending the Operating Budget for Fiscal Year 2023-2024 to provide additional funding for Butterfly Garden Park (Specifications No. 21/22-03); and authorize the City Manager to execute Amendment No. 2 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: February 12, 2024
EXECUTIVE SUMMARY
This action would amend the Operating Budget for Fiscal Year 2023-2024 and authorize the City Manager to execute Amendment No. 2 with ABNY General Engineering, Inc. (ABNY) for additional work for Butterfly Garden Park (the “Project”).
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 24-09;
2) Authorize the City Manager, or designee, to execute Amendment No. 2 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. 2 is $387,748.84 combined with Change Orders 1 and 2 and Amendment No. 1 (Change Orders 3 and 4) for a total of $668,345.92 which will result in a cumulative increase of 68.35% from the original contract amount of $977,864.90. The revised contract amount would be $1,646,210.82.
A budget amendment is proposed to add additional funds in Account No. 024-47922- 9000 to provide additional funding for outstanding costs for design, construction management/inspection and construction costs including Change Order 5, the final balancing change order for the Project:
Account No. Fund/Account Description
Adopted
Budget Adjustment
Amended
Budget
024-47922-9000 Park/Fac Fund/Butterfly Garden Park $611,598 $350,000 $961,598
-1-
Staff Report – Amendment to Public Works Contract for Specifications No. 21/22-03 February 12, 2024
DISCUSSION
On August 8, 2022, the City awarded a contract to ABNY for the construction of Butterfly Garden Park in the amount of $977,864.90. On March 27, 2023, the City Council approved Amendment No. 1 which increased the project budget to $1,258,461.98 (an increase of 28.7%) following the discovery of idle Chevron pipelines within the project area that required design modifications to the park, the replacement of the chainlink fencing along Alondra Blvd. and additional modifications to the east side of the project area for access to the billboard site.
As noted above, the discovery of the idle Chevron pipelines, as well as the discovery of a former asphalt roadway intersecting the project site, are unforeseeable conditions that were unknown during the design phase of the project. These unforeseeable conditions resulted in significant project delays, significant work stoppages/remobilization efforts for the contractor and numerous design modifications to the overall project.
Amendment No. 2 covers outstanding construction costs and the final balancing change order for the project (Change Order No. 5), a portion of which represents administrative costs incurred by the contractor as a result of the unforeseeable conditions. 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 $1,646,210.82, which exceeds the City Manager’s signature authority. Consequently, Public Works recommends that the City Council authorize the City Manager to execute Amendment No. 2 with ABNY for the additional work for the Project.
An overall budget amendment in the amount of $350,000.00 is proposed to add additional funds in Account No. 024-47922-9000 to provide additional funding for outstanding costs for design, construction management/inspection and construction costs including Change Order 5, the final balancing change order for the Project.
ATTACHMENT
Resolution No. 24-09....................................................................................................... 3
-2-
CITY OF BELLFLOWER
RESOLUTION NO. 24-09
A RESOLUTION AMENDING THE OPERATING
BUDGET FOR FISCAL YEAR 2023-2024 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 $1,646,210 and requires a budget amendment to the Operating Budget for Fiscal Year 2023-2024 to provide additional funds for the project.
SECTION 2. The City Council hereby amends the Operating Budget for Fiscal Years 2023-2024 as follows:
Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 024-47922-9000 Park Fac Fund/Butterfly Garden Park $611,598 $350,000 $961,598
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.
-3-
City of Bellflower
Resolution No. 24-09
SECTION 7. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 12TH DAY OF FEBRUARY 2024.
________________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
-4-