1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Second Amendment) made and entered into as of this 23rd day of May 2024, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and Arcadis, a California Partnership, formerly IBI Group, a California Partnership (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated April 28, 2022, for CONSULTANT SERVICES (Agreement); and
WHEREAS, City and Consultant entered into a First Amendment dated March 12, 2024, to extend the agreement an additional 91 days, to June 30, 2024; and
WHEREAS, Consultant has completed the majority of the Agreement; and
WHEREAS, City and Consultant now desire to modify the scope of work herein by requiring additional services, increasing monetary compensation by $52,670 for a total contract value of $302,670, and to extend the Agreement an additional three months to September 30, 2024; and
WHEREAS, with entry into this Second Amendment to Agreement, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals to this Second Amendment are incorporated and made a part of the Agreement.
2. Consultant shall provide additional services as described in Attachment A, attached hereto and incorporated herein by reference. Such additional services shall be completed within the term of the Agreement and completed no later than September 30, 2024.
3. City shall extend the agreement by adding three months, allowing additional time to complete the project no later than September 30, 2024.
4. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Second Amendment is not modified from the original agreement.
5. In the event of any conflict between the body of this Second Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Second Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between
2 the parties, provided for within the body of this Second Amendment, shall be null and void.
6. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated April 28, 2022, and amended on March 12, 2024, remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO, a California Arcadis, a California Partnership municipal corporation
By: By: ____________________________
Scott Mozier, PE
Director Name: _________________________
Public Works Department
Title: ___________________________
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
ATTEST:
TODD STERMER, CMC By: ____________________________
City Clerk
Name: _________________________
B y :
Deputy Date Title: __________________________
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
APPROVED AS TO FORM: REVIEWED BY:
ANDREW JANZ
City Attorney
Jill Gormley, TE
B y : A s s i s t a n t D i r e c t o r
Jennifer M. Wharton Date Public Works Department Deputy City Attorney
Addresses:
CITY: CONSULTANT:
City of Fresno Arcadis, a California Partnership
Attention: Andreina Aguilar Attention: Cristina Martinez, Chief Engineering Technician Project Manager
2600 Fresno Street 537 South Broadway, Suite 500
Fresno, CA 93721 Los Angeles, CA 90013
Phone: (559) 621-8674 Phone: (213) 769-0011
Attachment: Attachment A
3 Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Second Amendment to Agreement between City of Fresno (City) and Arcadis, a California Partnership formerly IBI Group, a California Partnership (Consultant)
South Central Fresno Assembly Bill 617 (AB 617) Community Truck Reroute Study Additional Scope of Services includes, but is not limited to:
The goals of the additional scope and fee are to:
x Create additional opportunities for stakeholder to learn more about the project and share key project findings/recommendations.
x Provide additional opportunities for stakeholders to provide feedback on project recommendations.
x Allow additional time between sharing recommendations and finalizing the study for community feedback.
x Allow incorporation of additional community feedback into the final revision of the study.
x Recover the costs of revision of the existing conditions deliverable due to public review of the document that was not included in the original scope but conducted as part of the study’s Task 3.
The deliverables are described under the relevant task of the original contract as follows:
Deliverables Schedule
Task 1 – Project Management
x Continuation of monthly project meetings with the project development team.
x To end of contract amendment
Task 2 – Outreach and Engagement
x Translation of Task 5 Implementation Strategies report x Three (3) additional community meetings (two in- person and one virtual), including coordination, preparation,
materials (and translation of materials), and
travel/attendance of consultant staff. As much as possible, in-person meetings will be coordinated with existing
community events.
x Preparation of a bilingual 2-page flyer to promote the release of the Task 5 report, including an overview of the study, highlighting key findings and recommendations in a high-visual style
x Translation provided within 2
weeks of receiving document
x Community meetings would occur
during the 3-week public comment
period of the Task 5 report
x 2-page flyer to align with release
of the Task 5 report
Task 3 – Existing Conditions Report
x Revised Existing Conditions Report
x Delivered and posted on the
City website August 2023
The cost estimate for the services described above is on next page.
4 COST ESTIMATE - LABOR HOURS AND FEE
Title
Staf
f Billing Rate
Arcadis (Prime)
Katherine
Padilla &
Associates
(Subconsultant)
Project
Totals Principal-
in-
Charge
Project Manager
Planning
Lead
Planning
Support
Engineering
Support
Graphic
Design
Arcadis
KPA
Tapas
Dutta
Cristina
Martinez Eric
Tunell
Brooke
Acosta
Liane
Reyes
De Leon
Staff
$260.00 $105.00 $100.00 $80.00 $85.00 $95.00 Hours Fees Fees Fees Task Description
Task 1 Project Management
Monthly Project Management Meetings 0 4 0 0 0 0 4 $420 $0 $420 SUBTOTAL 0 4 0 0 0 0 4 $420 $0 $420
Task 2 Outreach and Engagement
Translation of Task 5 report document 0 0 0 0 0 0 0 $0 $3,000 $3,000 3 Additional Community Meetings 0 24 0 28 20 40 112 $10,260 $22,000 $32,260 Draft Study Promotional Material 0 0 0 0 0 0 0 $0 $2,960 $2,960 SUBTOTAL 0 24 0 28 20 40 112 $10,260 $27,960 $38,220
Task 3 Existing Conditions Report
Revised Existing Conditions Report 0 24 32 48 12 0 116 $10,580 $0 $10,580 SUBTOTAL 0 24 32 48 12 0 116 $10,580 $0 $10,580
Total Project Person Hours 0 52 32 76 32 40 232 $21,260 $27,960
Total Project Fees $0 $5,460 $3,200 $6,080 $2,720 $3,800 $49,220
DIRECT COSTS
Travel and Mileage $2,150
$1,000
$300
Interpretation
Meeting materials, printing, refreshments
TOTAL PROJECT COST $52,670