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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment ) made and entered into on ______________________, 2021, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and Blair, Church & Flynn Consulting Engineers, a California Corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an agreement, dated August 19, 2021 (Agreement) to provide professional engineering services for the Van Ness Avenue Water Transmission Grid Main Project (Project) for a total fee of $287,700, which includes a contingency of $30,000; and
WHEREAS, City desires to expand scope of services including, but not limited to, provide additional utility locating engineering services; and WHEREAS, the City and Consultant desire to increase the total compensation by $10,527 to complete the expanded Scope of Work, which said amount will be covered by available contract contingency; and
WHEREAS, with entry into this Amendment, Consultant agrees that it has no claim, demand, or dispute against City.
AGREEMENT
NOW, THEREFORE, the City and the Consultant agree that the aforesaid Agreement be amended as follows:
1. Exhibit A of the Agreement is amended to expand the scope of services indicated in Exhibit A1, attached hereto and incorporated herein by reference.
2. Section 3(a) of the Agreement is amended in its entirety to read as follows:
“(a) The Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed $268,227.00, paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A, and a contingency amount not to exceed $19,473.00 for any additional work rendered pursuant to Subsection (d) below and authorized in writing by the Director.”
3. Except as otherwise provided herein, the Agreement ente red into by the City and the Consultant, dated August 19, 2021, shall remain in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: CB2AE0B4-2B03-4DC9-8D92-BD9A793437C0 November 17
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IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Michael Carbajal, Director
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
BRIANA PARRA, CMC
Interim City Clerk
By:
Date
Deputy
Blair, Church & Flynn Consulting
Engineers, a California Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. Or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Attachment: Exhibit A1
DocuSign Envelope ID: CB2AE0B4-2B03-4DC9-8D92-BD9A793437C0 11/10/2021
President
David Mowry
11/10/2021
Secretary and CFO
Adam K Holt
11/12/2021
11/12/2021
11/17/2021
Bernard Canez
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EXHIBIT A1
ADDITIONAL PROFESSIONAL SERVICES
Project Understanding
Blair, Church & Flynn (BCF) is currently under contract with the City of Fresno to design a water transmission grid main (TGM) within Van Ness Avenue and the associated services for properties along Van Ness. Due to the likelihood of unknown subsurface impediments along the proposed pip eline alignment, the City requested additional work be performed utilizing ground penetrating radar (GPR). BCF has coordinated with our subconsultant, Bess Testlab to obtain a proposed scope of work for such services and will provide a report to BCF of all identified utilities and impediments. BCF will incorporate this information into our base drawings for the project to reduce risks of delays during design and construction due to these unknown factors. This amendment includes the tasks to be completed by Bess Testlab to obtain necessary information within Amador Street and Van Ness Avenue from Divisadero to Merced Street.
Scope of Services
The specific services proposed by Bess Testlab are summarized as follows:
I. 1-Person Utility Locate & Mark w/ GPR
II. 2-Person Survey Crew to Survey Utility Markings
III. CAD Technician/Drafting Utility Base Drawing
Services Outside of Scope
Services not included under this scope of work, but that may be provided upon request, include the following:
1. Environmental studies and investigations
2. Preparation of Stormwater Pollution Prevention Plan (SWPPP)
3. Field boundary surveys, property corner surveys or preparation of records of survey
4. Analysis or studies outside those already performed
5. Preparation of bid documents outside that of the technical specifications
6. Acquisition of building permits
7. Attendance at public meetings beyond those described in the original Agreement
8. Design services related to the relocation of franchise utilities
9. Construction staking
10. Daily construction inspection and testing
11. Payment of fees
12. Acquisition of title information
DocuSign Envelope ID: CB2AE0B4-2B03-4DC9-8D92-BD9A793437C0
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Professional Services Fee
Blair, Church & Flynn will provide the engineering services described in the above Scope of Services for a lump sum amount totaling $10,527.00. Additional services not specified in the Scope of Services are available upon request and can be provided on a time and materials basis according to the Fee Schedule shown in Exhibit A of the original Agreement.
Schedule
Blair, Church & Flynn will coordinate with the subconsultant upon acceptance and approval of this amendment to get on their schedule and begin utility locating work as soon as possible.
DocuSign Envelope ID: CB2AE0B4-2B03-4DC9-8D92-BD9A793437C0