1 FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this day of ____________________, amends the Agreement entered between the CITY OF FRESNO, a California municipal corporation ( City), and SWCA, Incorporated dba SWCA Environmental Consultants, an Arizona Corporation. (Consultant).
RE CITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated October 6, 2021 for professional environmental services for the Ashlan Avenue Widening project (Agreement) for a total fee of $58,908, with a contingency amount not to exceed $10,000; and WHEREAS, the Consultant has completed a portion of the Agreement; and WHEREAS, City and Consultant amended the Agreement on August 24, 2022 , (First Amendment) to modify the scope of work therein by requiring additional services and utilizing existing contingency monies of $10,000 to complete work for a total fee of $68,908, with no remaining contingency; and
WHEREAS, City and Consultant amended the Agreement on September 21, 2022, (Second Amendment) to extend the Consultant’s performance period to complete the additional services without any additional compensation; and WHEREAS, City and Consultant amended the Agreement on September 15, 2023, (Third Amendment) to modify the scope of work therein by requiring additional services and increasing compensation by an additional $18,426 for a total fee of $87,334, with no remaining contingency; and
WHEREAS, City and Consultant now desire to enter into this Fourth Amendment to modify the scope of work, therein, by requiring additional environmental and technical memoranda services for the Ashlan Avenue Widening Project and increasing compensation by an additional $8,554 for a total fee of $95,888, with no remaining contingency; and WHEREAS, with entry into this Fourth Amendment, Consultant agrees that it has no claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, the parties agree that the Agreement be amended as follows:
1. Consultant shall provide additional services as described in Attachment A, attached hereto, and incorporated herein by reference. Such additional services shall be completed within 30 calendar days following execution of this Fourth Amendment by both parties.
2. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Fourth Amendment shall be a total net fee of $ 8,554 for a total contract amount of $95,888, with no remaining contingency.
3. In the event of any conflict between the body of this Fourth Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Fourth 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 A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Fourth Amendment to Agreement between City of Fresno (City) and SWCA, Incorporated dba SWCA, Environmental Consultants (Consultant)
SCOPE OF WORK
The following scope of work provides a description of the additional services that SWCA will provide to the city for the proposed project, and an estimated schedule and cost associated with the completion of this task.
TASK 1: COMMUNITY IMPACT ASSESSMENT MEMORANDUM
SWCA understands that the proposed project would require the full take of one parcel (Assessor’s Parcel Number [APNs] 511 -01-205S) and relocation of existing tenants/owners.
According to Caltrans, preparation of a separate Community Impact Assessment Memorandum is required due to the relocations resulting from the proposed acquisition for this project. SWCA will prepare a Community Impact Assessment Memorandum consistent with Caltrans Environmental Handbook, Volume 4 - Community Impact Assessment regarding "Preparation for Conducting Community Assessment". The Community Impact Assessment Memorandum will evaluate community impacts (if any) that may occur because of necessary right-of-way acquisitions and acquisition of APN 511- 01-205S. An analysis of temporary and long- term impacts on local businesses and residents will be conducted to determine potential effects associated with short-term construction activities (i.e., detours and construction noise) and the anticipated permanent ROW and parcel acquisitions w ithin the project area because of the proposed improvements along Ashlan Avenue. The analysis will also identify the need for relocation of public utilities and will consider the potential for secondary impacts associated with potential for delays or loss of access for emergency vehicles. The analysis of social impacts will include a discussion of any beneficial effects that would result from the proposed improvements. As necessary, appropriate mitigation measures will be developed to reduce impacts through consultation with the City and the design engineers, if necessary.
SCHEDULE
SWCA is prepared to initiate this scope of work immediately after receiving a signed contract.
SWCA will complete the scope of work described above immediately following notice to proceed (Table 1).
Table 1. Proposed Schedule
MILESTONE TIMEFRAME
Task 1: Community Impact Assessment Memorandum Within 30 days following Notice to Proceed
COST ESTIMATE
SWCA has prepared our budget based on our approach to the project, identified key assumptions, consultation with our technical experts, and our experience with similar projects. We have identified the following costs required to supplement our remaining budget to support completion of the identified scope based on our discussion with the City.
Table 2. Supplemental Cost Estimate
PRP Project
Role
AME Name Rate AME
Rate
H AME
Hour URS
ESTIMATEDOS AME Total
Task 1: Community Impact Assessment Memorandum
Project Manager Jacqueline
Markley
$207 8 $1,656.00
Environmental
Planner
Annika Kiemm $123 40 $4,920.00
GIS/CADD
Specialist
Sarah Halpern $137 8 $1,096.00
Technical Editor Jaimie Jones $147 6 $882.00
TOTAL $ 8,554.00