1 THIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement (A mendment) made and entered into as of ________________, 2022, amends the amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (City), and BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, INC., a California Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated April 25, 2017, for services related to t he design of plans and general construction contract documents for the South Bound Polk Avenue, Shaw Avenue to Gettysburg Avenue Widening Project (Agreement); and
WHEREAS, as part of design coordination efforts, Consultant will provide positive utility locations (potholing). T he City has agreed to (1) incr ease the scope of services described in Exhibit A to the Agreement, to include po tholing, and (2) compensate the Consultant a total cost of $26,900.00 for the additional services; and WHEREAS, the City and the Consultant entered into a First Amendment on December 6, 2018, to add a HAWK type pedestrian crossing and widening the east side of Polk Avenue; and
WHEREAS, the City and the Consultant entered into a second amendment on March 17, 2022, to complete a Noise Abatement Decision Report; and WHEREAS, the Parties desire to memorialize the above-mentioned modifications to the Agreement herein.
AGREEMENT
NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended as follows:
1. Scope. The Consultant shall provide addi tional services as described in Exhibit A, attached hereto and incorporated herein by reference.
2. Compensation. The Consultant’s sole compensation for satisfactory performance of all services required or rendered purs uant to this Amendment shall be a total cost of $26,900.00.
3. Conflict. In the event of any conflict betw een the body of this Amendment and any exhibit or attachment hereto, the te rms and conditions of the body of this Amendment shall control and take prec edence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachm ent hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void.
4. Effect of Amendment. Except as otherwise provi ded herein, the Agreement entered into by City and Consultant, dated April 25, 2017, and amended on December 6, 2018, and March 17, 2022, remains in full force and effect. 2 5. Exhibits. This Amendment contains one (1) exhibit: Exhibit A. [SIGNATURES ON NEXT PAGE]
4 Exhibit A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Third Amendment to Agreement between City of Fresno (City) and Blair, Church & Flynn Consulting Engineers, Inc., a California corporation (Consultant)
Project Understanding
As part of design coordination efforts, Cons ultant has determined the utilities shown in Exhibit A-1, be potholed. The locations for the potholes will be determined by a combination of record drawings, location s of existing surface improvements, and Underground Service Alert markings. Consul tant will prepare a CA D drawing of the approximate pothole locations which the City su rveyors will use to mark the locations in the field. Our subconsultant (T2 Utility En gineers) will then pothole t he existing utilities and City survey crews will survey the horizontal and vertical location of the utility. This information will then be incorporated into the pl ans and provided to the City. Consultant shall identify and mitigate any design conflicts , including coordination with any affected agencies.
Scope of Services
The following Scope of Services outline describes, in detail, the additional services the Consultant will provide the City for this amendment.
PART 3 CONSTRUCTION DOCUMENT PHASE
A. Draft Final (90%) Design
1. Project management
2. Prepare CAD file for pothole locations
3. Send CAD file to City for field marking
4. Perform potholing
5. Incorporate pothole information into base files
6. Revise utility locations on the plans based on pothole data
7. Provide copies of the potholing result s to affected utility authorities with conflicting improvements and attend a maximum of two (2) meetings with affected agencies to discuss potential resolutions.
Assumptions:
1. It is understood by all parties that the extent of any design revisions resulting from the potholing operations described in this amendment cannot be quantified until after the potholing is completed. Theref ore, this proposal does not include costs 5 for redesign of the proposed contract improvements resulting from the information obtained from the potholing operations.
2. City survey crews will field mark and provide a CAD file on the project coordinate system with the locations and elevations of the proposed potholes.
3. T2 Utility Engineers will submit traffic control plans to the City and obtain approval of said plans before beginning field work.
4. The City will provide a no-f ee encroachment permit for the work associated with t h i s proposal.
5. City will obtain right-of-entry documents for potholing on privately owned parcels.
6. Native soil excavations from potholes will be acceptable for backfill and compaction.
7. Asphalt concrete cold patch resurfacing is acceptable for all potholes.
8. The removal of Underground Service Alert pavement markings is not required.
9. Sewer laterals have been excluded from potholing.
Compensation
Consultant proposes to provide the engineeri ng services described in the foregoing Scope Services for a total of $26,900 in addi tional compensation. The following table provides a breakdown of the existing compensation budget for each part of the scope of services, along with the corresponding proposed increase.
Phase
Original
Compensation
Plus
Amendments
1 and 2
Proposed
Additional
Compensation
Proposed Total
Compensation
Part 1 –Schematic Design Phase $33,340 $0 $33,340
Part 2 –Design Development
Phase
$42,160 $0 $42,160
Part 3 –Construction Document
Phase
$40,180 $26,900 $67,080
Part 4 –Bidding and Award Phase $4,550 $0 $4,550
Part 5 – Construction Phase &
General Construction
Contract
Administration
$22,600
$0
$22,600
Totals: $142,830 $26,900 $169,730