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File #: ID 25-1032    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 7/23/2025 In control: City Council
On agenda: 8/14/2025 Final action:
Title: Approve Contract Change Order No. 04 in the amount of $92,731.92, with no additional working days for overruns of various bid item quantities, additional roadway excavation for areas not included in the original contract, and the addition of sod to restore homeowners' disturbed lawns with Avison Construction, Inc. of Madera, California for the Muir Elementary Safe Routes Project - Project ID PW00893. (Bid File 12301163-12561) (Council District 3)
Sponsors: Capital Projects Department, Public Works Department
Attachments: 1. 25-1032 PW00893 Executed Contract- Avison Construction, Inc.pdf, 2. 25-1032 Contract Change Order No. 1.pdf, 3. 25-1032 Contract Change Order No. 2.pdf, 4. 25-1032 Contract Change Order No. 3.pdf, 5. 25-1032 Contract Change Order No. 4.pdf, 6. 25-1032 Vicinty Map.pdf
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REPORT TO THE CITY COUNCIL

 

 

FROM:                     DENIX D. ANBIAH, PE, Director

Capital Projects Department

 

SCOTT L. MOZIER, PE, Director

Public Works Department

 

BY:                                          ANTONIO BUELNA, PE, Assistant Director

                                          Capital Projects Department, Interim Construction Management Division

 

KELLY YOST, PE, Construction Manager

                                          Capital Projects Department, Construction Management Division

 

SUBJECT

Title

Approve Contract Change Order No. 04 in the amount of $92,731.92, with no additional working days for overruns of various bid item quantities, additional roadway excavation for areas not included in the original contract, and the addition of sod to restore homeowners’ disturbed lawns with Avison Construction, Inc. of Madera, California for the Muir Elementary Safe Routes Project - Project ID PW00893. (Bid File 12301163-12561) (Council District 3)

 

Body

RECOMMENDATION

 

Staff recommends that the City Council approve Contract Change Order No. 4 with Avison Construction, Inc. of Madera, California which increases the contract amount by $92,731.92, for a revised contract total of $1,910,730.96, with no additional working days for overruns of various bid item quantities, additional roadway excavation for areas not included in the original contract, and the addition of sod to restore homeowners’ disturbed lawns for the Muir Elementary Safe Routes Project and authorize the Capital Projects Department Director, or designee, to sign this Contract Change Order No. 4 on behalf of the City of Fresno.

 

EXECUTIVE SUMMARY

 

On May 25, 2023, a contract was awarded in the amount of $1,695,390.00 to Avison Construction Inc. of Madera, California for street paving, concrete repair, and ADA improvements in the neighborhood adjacent to Muir Elementary.

 

City Council Approval of Contract Change Order No. 4 in the amount of $92,731.92, with no additional working days, is necessary to compensate Avison Construction, Inc. for additional quantities due to bid item overruns, additional roadway excavation for areas not included in the original contract, and the addition of sod to restore homeowners’ disturbed lawns. Approval of this proposed Contract Change Order will provide compensation to the Contractor for the above-mentioned items. This increase will result in a revised contract total of $1,910,730.96. This project is funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) funds.

 

BACKGROUND

 

The Muir Elementary Safe Routes project local roadway reconstruction, curb and gutter improvements, construction of new sidewalks, improvements to drainage facilities, driveways, and pedestrian ramps along three local streets: Dennett Avenue, Elizabeth Street, and Dudley Avenue, adjacent to Muir Elementary School. The primary purpose of the project is to improve the safety of routes to Muir Elementary School.

 

On May 25, 2023, a contract was awarded in the amount of $1,695,390.00 to Avison Construction Inc. for Muir Elementary Safe Routes Project. The contractor’s Notice to Proceed was issued with a start date of September 8, 2023, with ninety (90) working days for a contract completion date of January 18, 2024.

 

There have been three (3) prior Contract Change Orders approved to date totaling $122,609.04.

 

CCO#

CCO Amount

Days Added

Purpose

1

$48,064.00

18

City directed contractor for additional tree removal

2

$30,677.00

3

City directed contractor to remove even more trees

3

$43,868.00

0

City directed contractor to upgrade manholes at end of life and additional curb and sidewalk

 

City Council approval of Contract Change Order No. 4 for an additional $92,731.92 is required by Resolution 2017-158 (Resolution). The Resolution sets approval thresholds for individual Contract Change Orders which exceed 1% of the total contract price or $100,000.00 or aggregate Contract Orders that exceed 10% of the original Contract amount.  The amount of Contract Change Order No. 4 is $92,731.92, which, when combined with previously approved change orders, is an aggregate total of 12.7% of the original Contract amount. This increase will result in a revised contract total of $1,910,730.96. There will be no working days added to the contract time by this Contract Change Order.

 

During the construction of sidewalk improvements along Dudley, unanticipated field conditions forced redesign of the sidewalks and curb and gutters which lead to reconstruction of a portion of Dudley Avenue to conform the roadway to the new gutter elevations. Change Order #4 accounts for this additional work and covers the final bid item rebalancing of the overall contract. Due to staff attrition and contractor differences with final quantities, substantial completion of the project was delayed longer than usual and anticipated. Ultimately, the contractor and City came to a mutual agreement with the final invoiced quantities being favorable to the City.

 

Staff recommends that the City Council authorize the Capital Projects Department Director, or designee, to sign Contract Change Order No. 4 for the Muir Elementary Safe Routes Project on behalf of the City.

 

ENVIRONMENTAL FINDINGS

 

On May 25, 2023, the Council adopted a finding of Categorical Exemption pursuant to Section 15301/Class 1 of the California Environmental Quality Act (CEQA) Guidelines. Based on staff analysis, it was determined that no adverse environmental impacts would occur because of the proposed project and none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this project.

 

LOCAL PREFERENCE

 

Local preference is not applicable due to State of California funding requirements.

 

FISCAL IMPACT

 

The Muir Elementary Safe Routes project is located within Council District 3. The project is funded by SB1 RMRA funds. This Change Order will have no impact on the General Fund.

 

Attachments:

PW00893 Executed Contract - Avison Construction, Inc.

Contract Change Order No. 1

Contract Change Order No. 2

Contract Change Order No. 3

Contract Change Order No. 4

Vicinity Map