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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
642948v2
Resolution No.
RE SOLUTION NO. 2026-____________
A RE
SOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, APPROVING REIMBURSEMENT
OF ELIGIBLE CONSTRUCTION COSTS IN AN AMOUNT
WHICH EXCEEDS THE ENGINEER’S ESTIMATE BY MORE
THAN TEN PERCENT , FOR A TOTAL REIMBURSEMENT
AMOUNT OF $1,165,392.08 FOR THE CONSTRUCTION OF
IMPROVEMENTS RELATED TO THE FRESNO UNIFIED
SCHOOL DISTRICT ALTERNATIVE EDUCATION CAMPUS
AND ADMINISTRATIVE BUILDING
WHE
REAS, on May 13, 2022, the City of Fresno (City) and Fresno Unified School District (FUSD) entered into an Infrastructure Reimbursement Agreement (Agreement) pertaining to the construction of off-site water infrastructure improvements and appurtenances required as conditions of approval of the Alternative Education Campus and Administrative Building located at Assessor’s Parcel Number 470-021-01T (Project); and
WHEREAS, the Agreement required construction of the following, consistent with the Project conditions: a 16-inch replacement water main in the street formerly known as East Ventura Avenue from South Tenth Street westerly across the Project frontage, a replacement 16-inch water main in the street formerly known as East Ventura Avenue between South Cedar Avenue and South Tenth Street, an 8-inch replacement water main in South Tenth Street between the street formerly known as East Ventura Avenue and East Lane Avenue, and related appurtenances (collectively “Improvements”); and WHEREAS, the Project conditions provided that one hundred (100) percent of the cost of the construction of the Improvements would be reimbursed by the City; and
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642948v2
WHEREAS, the Engineer’s Estimate of the Eligible Construction Costs of constructing the Improvements was identified in the Agreement as $770,655.00; and WHEREAS, Section 2.3 of the Agreement requires City Council approval if the amount of the Eligible Construction Costs exceeds the Engineer’s Estimate by more than 10 (ten) percent; and
WHEREAS, FUSD has submitted documentation to the Department of Public Utilities detailing the final Eligible Construction Costs (Actual Construction Costs); and WHEREAS, based on the documentation provided, the Actual Construction Costs detailed in E xhibit A total $ 1,165,392.08, which exceeds the Engineer's Estimate of $770,655.00 by more than 10 (ten) percent; and
WHEREAS, FUSD has demonstrated to the reasonable satisfaction of the Director of Public Utilities that the amount incurred in excess of the Engineer’s Estimate resulted from circumstances not caused by FUSD, its contractors or subcontractors , and beyond their control, and is justifiable.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The foregoing recitals are true and correct.
2. The Council approves reimbursement to FUSD in the amount of $1,165,392.08 which reflects the Actual Construction Costs for the construction of the Improvements.
2. Nothing in this resolution binds or obligates the City’s general fund, taxing authority, or borrowing power.
3. This resolution shall be effective upon final approval. 3 of 3
642948v2
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, AMY K. ALLER, Interim City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2026.
AYES :
NOES :
ABSENT :
ABSTAIN :
AMY K. ALLER
Interim City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla D ate
Senior Deputy City Attorney
Attachment:
Exhibit A – Actual Construction Costs
Description Date Document Amount
A. Original Eligible Construction Costs per Infrastructure Reimbursement Agreement 5/13/2022 Executed Agreement 770,655.00$ B. Actual Construction Costs (per submitted documentation) Davis Moreno - Item A1470 Off Site Plumbing Utilities
Materials 12/23/2024 Certificate for Payment 550,000.00$ Davis Moreno - Item OS-1030 Water Lines Off Site 12/23/2024 Certificate for Payment 429,757.00$ Subtotal 1 979,757.00$
Difference 1: between Original Estimated Construction Costs and Actual Construction Costs 209,102.00$ C. Change Orders
Crew stand-by changes for utility conflict 1/22/2024 Davis Moreno Construction, Inc. - CCR #135 10,598.94$ Setup/tear down daily traffic control at Ventura for added utility work 1/12/2024 Davis Moreno Construction, Inc. - CCR #127 5,708.10$ Offset 16" main over existing utilities 11/28/2023 Davis Moreno Construction, Inc. - CCR #125 25,265.10$ Offset 16" main over existing utilities - 8" main 11/28/2023 Davis Moreno Construction, Inc. - CCR #125 16,613.38$ Offset over unknown 2" fire service lateral 1/12/2024 Davis Moreno Construction, Inc. - CCR #129 20,976.34$ Offset 16" main over existing utilities (Station 21+40 & 21+60) 1/12/2024 Davis Moreno Construction, Inc. - CCR #129 34,287.82$ Added cost for AC paving - asphalt 2/19/2024 Davis Moreno Construction, Inc. - CCR #141 5,876.64$ 8" fire service check valve & box orientation 1/12/2024 Davis Moreno Construction, Inc. - CCR #129 2,268.40$ Offset unknown 2" irrigation service lateral 1/12/2024 Davis Moreno Construction, Inc. - CCR #129 20,079.58$ Additional crash barrier monthly rental - January & February 3/28/2024 David Moreno Construction, Inc. - CCR #138-R1 1,335.60$ Provide B52 Christy box lid at existing vault 2/19/2024 Davis Moreno Construction, Inc. - CCR #140 980.50$ Additional barrier monthly rental - March 3/28/2024 David Moreno Construction, Inc. - CCR #138-R1 667.80$ Provide larger B52 vault raise service to 24" 3/28/2024 Davis Moreno Construction, Inc. - CCR #148 7,576.88$ Subtotal 2 152,235.08$
Difference 2: between Original Estimated Change Orders Costs and Actual Changes Order Costs 152,235.08$ D. Connection Fees
4" Water Meter 1/31/2024 B24-01247 Invoice 10,100.00$
6" Water Meter 1/31/2024 B24-01247 Invoice 13,200.00$
4" Water Meter 1/31/2024 B24-01248 Invoice 10,100.00$
Subtotal 3 33,400.00$
33,400.00$
394,737.08$
Total Actual Construction Costs and Connection Fees (Sum of Subtotals 1, 2, and 3) 1,165,392.08$ Amount Eligible for Reimbursement 1,165,392.08$
Difference 3: between Original Estimated Connection Fees and Actual Connection Fees Total Difference between Original Estimated Construction Costs and Actual Construction Costs (Sum of Differences 1, 2, and Exhibit A - Actual Construction Costs