2 Feb 1, 2024
PROJECT: SHEET 1 of 1
12302877
N/A
Description:
I.
A.
No Change in Contract Price…................................................................................................... ..... -$ II.
-$
III.
123 Days
-$ Increase
Estimated -$ Decrease NUMBER
Exact OF DAYS DATE
5,077,159.00$ May 6, 2024
100,000.00$ 135
Nov 14, 2024
100,000.00$ 123
0 Net change in Contract Price is 1
of the original Contract Price 2.0% 0
May 14, 2025
5,177,159.00$ Apr 4, 2025
Contractor:
Signed By: Title:
Approval
Recommended Date
Authorized: Chief Administrative Officer Date
(if change orders or total of change orders exceed 5% of contract price) Authorized: City Council
(if change order or total change orders exceed 10% of contract price or if change order exceeds Fresno City Charter limit or Section 33422 Health and Safety Code for Agency contracts.) Approved: Capital Projects Assistant Director Date Approved: Capital Projects Director Date
Cc: Project Manager, Sarah Aguila
Senior Inspector, Robert D. Cron Sr.
Chief Inspector, Darden Roche
Inspector
Minutes of Meeting Dated:
Fil Duarte
Construction Manager
Accepted Date
Submitted By:
Weather Days through 11-20-2025
Suspended Days through 11-20-2025
Extended Date for Completion
Substantial Completion
Emmett's Excavation, Inc.
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is a pproved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the price shown above.
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work.
Revised Contract Price
Total time extension days all CCO's
Computed Date for Completion
Contract X Working Calendar Days
No Change in Contract Price…….………………………………………………...................................
Change to Contract Price shall include all costs for above noted work and shall be considered full compensation for all material, equipment, labor, applicable mark-up and overhead. All work noted above to be performed in accordance with the pertinent Specifications. including this Change Order
Total of all Contract Changes
Approved Cost Changes to Date
Original Contract Price
Date of Notice to Proceed
Time extension days this CCO
EMAIL: [email protected]
CONTRACTOR/ADDRESS: Emmett's Excavation, Inc.; 1477 Menlo Ave, Clovis CA 93611 You are hereby requested to make the herein described changes from the plans and specifications or do the following described w ork not included in the plans and specifications on this contract.
City of Fresno
CONTRACT CHANGE ORDER NO.
Fresno, CA 93721
CAPITAL PROJECTS DEPARTMENT
CONSTRUCTION MANAGEMENT DIVISION
747 R Street, 2nd Floor
CITY COUNCIL RED EVELOPMENT AGENCY INFORMAL
CONTRACT:
CONTRACT AWARDED BY:
FEDERAL PROJ. ID.
DATE OF AWARD
Sewer Rehab Improvements in the area bound by Shields, Dakota, Fruit and Palm Avenues
PROJECT I.D. 32400459 RC00177
BID FILE NO.
Cost of this Change Order
CHANGES TO CONTRACT PLANS AND SPECIFICATIONS
CONTRACT TIME
Change In Contract Time………………………………………………………………………………......
CONTRACT PRICE
STATEMENT OF CONTRACT TIME
NOTE: THIS CHANGE IS NOT EFFECTIVE UNTIL FULLY EXECUTED. Change requested by: CITY OF FRESNO Contractor's Time Impact Analysis dated October 10, 2025, and City's Analysis are attached hereto and incorporated by reference.
Pursuant to the City's review of the contractor's Time Impact Analysis dated October 10, 2025, Liquidated Damages are reduced from $153,000 (153 calendar days) to $30,000 (30 calendar days), resulting in the release of $123,000 (123 calendar days) previously withheld to Emmett's Excavation Inc.
11/21/2025
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RC00177 – Sewer Rehabilitation (Shields/Dakota, Palm to Fruit) Time Impact Analysis (TIA) Review Summary - City of Fresno Original Contract Completion Date: November 15, 2024
Substantial Completion Date Achieved: April 4, 2025
Construction Period Delay: 140 days (November 16, 2024 – April 4, 2025) Video Submission Period Delay: 13 days (August 16, 2025 – August 28, 2025) Original Total Liquidated Damages (LD) Assessment: $153,000
1. Construction Period Liquidated Damages (November 16, 2024 – April 4, 2025) The Time Impact Analysis identified several issues contributing to construction-period delays. The City has reviewed each item and provides the following determinations:
• Bypass Plan Approval & Multiple Resubmittals:
The City acknowledges that the bypass plan required multiple resubmittals. Record review indicates that both submittal completeness issues and coordination needs caused extended approval times.
This delay is included in the waived construction period. • RFI No. 11 – Water Line Conflict:
The extended five month response period involved coordination with City utility department and verification of field conditions.
This delay is included in the waived construction period. • CCTV Video Format & Review Issues:
Format compatibility problems and multiple review cycles contributed to delays. Both the contractor and City worked to resolve technical standards and quality requirements.
This delay is included in the waived construction period. • Additional Repairs Identified Through CCTV Inspection:
Newly discovered point repairs resulted from actual field conditions and required additional coordination.
This delay is included in the waived construction period. • Subcontractor Scheduling Challenges (Southwest Pipeline):
While subcontractor availability is ordinarily the prime contractor’s responsibility, the City acknowledges that incremental approval processes may have complicated scheduling.
This delay is included in the waived construction period.
Construction Period LD Summary
• 140 days @ $1,000/day = $140,000
• Total Waived by City: –$140,000
2. Closeout Documentation Liquidated Damages (April 4, 2025 – August 28, 2025) Once substantial completion was achieved on April 4, 2025, a separate issue arose involving the contractor’s contractual requirement to submit closeout documentation, including the final CCTV backup videos required for acceptance. 1 K
ey Dates & Expectations:
• Substantial Completion: April 4, 2025
• Expected Documentation Submittal: April 18, 2025 (within 2 weeks) • Expected Final Completion: May 2, 2025
• Actual Acceptance of Videos: August 28, 2025
• Total Delay Beyond Expected Completion: 118 days (May 2 – August 28, 2025) Subcontractor Timeline Note:
TIA indicates Southwest Pipeline completed all field work by March 6, 2025, nearly one month prior to substantial completion. The contractor had sufficient opportunity to collect all required videos from the subcontractor before their demobilization.
3. Liquidated Damages Assessment for Video Submission
The City will assess liquidated damages for 30 days, covering July 30, 2025 – August 28, 2025.
This assessment:
• Represents approximately 25% of the total delay period associated with late video submission.
• Allows 117 days beyond the expected completion date before LDs begin (May 2 – July 29).
• Focuses specifically on the final month, when the contractor ultimately submitted the required documentation.
• Demonstrates the City’s restraint and acknowledgment of broader project circumstances.
• Maintains the contractual requirement that the contractor must provide all required closeout documents promptly.
Final Liquidated Damages Assessment
Construction Period LDs
• 140 days @ $1,000/day = $140,000
• Waived: –$140,000
Video Submission LDs
• 30 days @ $1,000/day = $30,000
TOTAL FINAL LIQUIDATED DAMAGES: $30,000
TOTAL AMOUNT WAIVED BY CITY: $123,000
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