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SIXTH AMENDMENT TO AGREEMENT
THIS SIXTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ________ 2025, 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
City and Consultant entered into an Agreement, dated February 21, 2013, for professional engineering services for the design of plans and general construction document, (Agreement); and
Consultant has completed Part One and Two of the Agreement; and Consultant has substantially completed Part Three of the Agreement; and City and Consultant amended the Agreement on December 11, 2013, (First Amendment) to modify the scope of work and increase the time to complete Part 2 of the Agreement; and
City and Consultant amended the Agreement on July 13, 2014, (Second Amendment) to modify the scope of work and increase the time to complete Parts 2 and 3 of the Agreement; and
City and Consultant amended the Agreement on September 19, 2018, (Third Amendment) to modify the scope of work and increase the time to complete Part 3 of the Agreement; and
City and Consultant amended the Agreement on February 28, 2020, (Fourth Amendment) to modify the scope of work and increase the time to complete Part 1 of the Agreement; and
City and Consultant amended the Agreement on January 26, 2023, (Fifth Amendment) to modify the scope of work and increase the time to complete Part 3 of the Agreement; and
City and Consultant now desire to modify the scope of work, therein, by requiring additional services.
AGREEMENT
NOW, THEREFORE, the parties agree that the aforesaid 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 210 calendar days following the execution of this Amendment by both parties. 120 calendar days are allotted to the 60% design, 62 calendar days are allotted to the 90% design and 28 calendar days are allotted to the 100% design.
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2. Consultant’s sole compensation for the satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total net fee of $368,200.
3. In the event of any conflict between the body of this Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this 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 the parties, provided for within the body of this Amendment, shall be null and void.
4. Except as otherwise provided herein, the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment remain in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Nicholas D. Mascia, PE, TE, PTOE
Assistant City Manager
Public Works, Utilities, and Capital
Projects
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Daniel E. Casas Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
BLAIR, CHURCH & FLYNN CONSULTING
ENGINEERS, INC., 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)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Abdul BinMahfodh
747 R Street, 2nd Floor
Fresno, CA 93721
Phone: (559) 621-8701
FAX: (559) 488-1045
-RQ%DUWHO
Project Manager
CONSULTANT:
Blair, Church & Flynn Consulting
Engineers
Attention: Timothy Flynn, PE
Project Manager
Phone: (559) 326-1400
FAX: (559) 326-1500
Attachment:
Attachment A - Additional Scope of Services
David A. Mowry
President
Adam K. Holt
Secretary and CFO
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Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Sixth Amendment to Agreement between City of Fresno (City) and Blair, Church & Flynn Consulting Engineers, Inc., a California corporation (Consultant) Peach Avenue Widening Between Jensen and Butler Avenues Scope of Additional Engineering Services for Phase 2
Phase Fee
Design Development Phase $92,600
Construction Document Phase $59,700
Bidding Phase $8,700
Construction Phase $32,000
Total $193,000
The following services shall be provided for Phase 2, Peach Widening project from Florence Avenue to Church Avenue.
DESIGN DEVELOPMENT PHASE
A. PROJECT ADMINISTRATION
1. Prepare Project Management Plan, Including:
a. Project Team Contact Information for City and Consultant b. Emergency Contact Information
c. Project Communications and Filing Policies
2. Prepare and Maintain Project De sign and Construction Schedule B. PRELIMINARY (60%) PLANS, SPECIFICATIONS, AND ESTIMATE
1. Receive and Incorporate Updated Topographic Surveying from the City
2. Receive and Incorporate Updated Cadastral Surveying from the City
3. Review and Incorporate Relevant Comments Previously Received on the South project
4. Research and Obtain Utility Informat ion from Utility Companies and Agencies a. Prepare and Distribute Utility Notifi cation Letters Requesting Facility Location Records from all Affected Utility Companies and Agencies b. Prepare Utility Research Database
1) Include Field Investigation Observations
2) Include Information Obtained from Utility Companies and Agencies
5. Incorporate Utility Information into the Base Mapping a. Update the Utilit ies as Required
b. Add New Utilities as Required
6. Prepare Preliminary Plans
a. Cover Sheet
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b. Legend, Index, and Notes Sheets
c. Typical Sections
1) Increase Sidewalk Width
d. Plan and Profile Sheets for Peach and Church Avenues 1) Horizontal and Vertical Alignments will Remain Essentially as in the Existing 90% Plans, and Only Minor Revisions Will be Made 2) Increase Sidewalk Width
e. Cross Sections
1) Update Roadway Model to Eliminate Grind and Overlay and Increase Sidewalk Width
f. Construction Details
g. Ramp Details
1) Ramp Details will Remain Essentially as in the Existing 90% Plans, and Individual Ramp Designs will not be Prepared
h. Utility Relocation Plan
1) City Water Appurtenances
i. Traffic Signal Plans
1) Traffic Signal Modifications for the Intersection of Peach and Church Avenues
2) Update Plans to Current City Standards
j. Pavement Signing and Striping Plans
1) Create Additional Sheet to Remove the Lane Reduction Signing and Striping Installed with Phase 1 North of Florence Avenue and Add a Through Lane
2) Since Phases 2 and 3 will be Constructed Concurrently, No Special Striping (Lane Reduction, Etc.) is Included Between the Two Phases 3) Striping and Signing will Remain Essentially as in the Existing 90% Plans, and Only Minor Revisions Will be Made
k. Central Canal Culvert Extension Calculations and Plans l. Central Canal Bank Improvement Plans
m. FMFCD Separate Plans
1) Cover Sheet
2) Plan and Profile for Master-Planned Inlet at Belgravia Avenue on the East Side of Peach Avenue
7. Prepare Preliminary Specifications
8. Prepare Itemized Opinion of Probable Construction Cost
9. Submit Preliminary Plans, Specifications, and Estimate (65% Design Completion)
C. UTILITY AND AGENCY COORDINATION
1. Submit Preliminary Plans to Affected Utility Companies, Agencies, & Districts
2. Incorporate Information and Comments Received from Utility Companies and Agencies into Plans
3. Identify Utility Conflicts
4. Include Necessary Water and Irrigation Fa cility Relocations as Part of Project Design
a. For Facilities Owned by City and FID
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b. Incorporate Relocations in Project Construction Documents c. Relocations to be Done as Part of Project Construction
5. Coordinate with Utility Owners to Secure Relocation of Private "Dry" Utilities a. For Private Electric, Gas, and Communications Facilities b. Provide Construction Plan Information and Applications as Necessary for the Relocation of the Overhead Utilities Conflicting with the Work c. Perform All Required Coordinatio n with “Dry” Utility Companies as Authorized by the City
d. Show Relocated Utilities on Construction Plans
e. Relocation to be Done Prior to Proj ect Construction by Respective Utility Owners
6. Coordinate with Fresno Irrigation District for the Following:
a. Extension of the Culvert
b. Drive Approach Widths and Configuration on the East Side of Peach Avenue at the Central Canal
c. Improvements to the Canal Drive Banks in the Vicinity of the Road Widening on the East Side of Peach Avenue
1) Height and Cross Slope of the Canal Drive Banks
2) Limits of Aggregate Surfacing on the Canal Drive Banks 3) Addition of a Trail to the Canal Drive Banks is not Included d. Determine Limits of the Central Canal Easement
1) This is Expected to Require Surveying of the Existing Canal Inside Hinge Points, and it is Assumed that the Surveying will be Performed by the City
D. RIGHT-OF-WAY AND EASEMENT ACQUISITION SUPPORT
1. Prepare Exhibit Showing Required Acquisitions for City Use a. Exhibit will Show the Acquisition Locations and Types b. Digital File will be Provided to Cit y for Use in Preparing Acquisition Documents
c. Determine Limits of FID’s Central Canal Easement Using City-Provided Survey Data
d. Acquisition Documents Will be Pr epared by the City of Fresno
E. DESIGN DEVELOPMENT PHASE DELIVERABLES
1. Preliminary Plans (60% Design Completion)
2. Preliminary Specifications
3. Itemized Opinion of Probable Construction Cost
4. Exhibit Showing Required Acquisitions
5. CAD File with Linework of Required Acquisitions
CONSTRUCTION DOCUMENT PHASE
A. DRAFT FINAL (90%) DESIGN
1. Meet with City Staff, as Necessary, for Review of the Preliminary (60%) Submittal
2. Address Design Development Phase Review Comments
3. Prepare Draft Final Plans
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a. Cover Sheet
b. Legend, Index, and Notes Sheets
c. Typical Sections
d. Plan and Profile Sheets
e. Cross Sections
f. Construction Details
g. Ramp Details
h. Utility Relocation Plan
1) City Water Appurtenances
i. Traffic Signal Plans
1) Traffic Signal Modifications for the Intersection of Peach and Church Avenues
2) Update Plans to Current City Standards
j. Pavement Signing and Striping Plans
1) Since Phases 2 and 3 will be Constructed Concurrently, No Special Striping (Lane Reduction, Etc.) is Included Between the Two Phases k. Central Canal Culvert Extension Plans
l. FMFCD Separate Plans
1) Cover Sheet
2) Plan and Profile for Master-Planned Inlet at Belgravia Avenue on the East Side of Peach Avenue
4. Prepare Draft Final Technical Specifications
5. Update Itemized Opinion of Probable Construction Cost
6. Submit Draft Final PS&E (90% Design Completion)
a. Include Check Set from 60% Review
B. FINAL PLANS, SPECIFICATIONS AND ESTIMATES
1. Prepare Final Plans
2. Prepare Final Specifications
3. Update Itemized Opinion of Probable Construction Cost
4. Address Draft Final PS&E Review Comments
5. Submit Final PS&E for Approval (100% Design Completion) a. Include Check Set from 90% Review
6. Obtain Approval Signatures
C. CONSTRUCTION DOCUMENT PHASE DELIVERABLES
1. Draft Final (90%) Plans, Specifications, and Estimate
2. Final (100%) Plans, Specifications and Estimate
3. Printed Final Plans, Specifications and Estimate for Bidding
4. Digital Final Plans, Specifications, and Estimate
BIDDING PHASE
A. BIDDING PHASE SERVICES
1. Attend Virtual Pre-Bid Conference
2. Prepare Addenda and Clarifications
CONSTRUCTION PHASE
A. CONSTRUCTION PHASE TASKS
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1. Attend Virtual Pre-Construction Conference
2. Review Shop Drawings and other Contractor Submittals
3. Provide Clarification and Explanation of Construction Documents During Construction
4. Provide General Consultation and Advice
a. Respond to Requests for Information (RFIs)
5. Review Construction Contract Change Order Requests
a. Provide Related Technical Information to City as Necessary
6. Provide Periodic Construction Site Observation
a. Minimum of Two Construction Site Visits
b. Minimum of Two Construction Site Visits for Central Canal Extension
7. Prepare and Submit Record Drawings
a. Incorporate Construction Contractor Red-Lined Plans
b. Incorporate City-Provided Information
c. Incorporate Responses to RFIs
d. Incorporate Any Other Bulletins, Amendments, or Clarifications
Scope of Additional Engineering Services for Phase 3
Phase Fee
Design Development Phase $82,300
Construction Document Phase $53,500
Bidding Phase $8,100
Construction Phase $31,300
Total $175,200
The following services shall be provided for the Peach Widening project from Church Avenue to Jensen Avenue.
DESIGN DEVELOPMENT PHASE
A. PROJECT ADMINISTRATION
1. Prepare Project Management Plan, Including:
a. Project Team Contact Information for City and Consultant b. Emergency Contact Information
c. Project Communications and Filing Policies
2. Prepare and Maintain Project De sign and Construction Schedule B. PRELIMINARY (60%) PLANS, SPECIFICATIONS, AND ESTIMATE
1. Receive and Incorporate Updated Topographic Surveying from the City
2. Receive and Incorporate Updated Cadastral Surveying from the City
3. Review and Incorporate Relevant Comments Previously Received on the South Project
4. Research and Obtain Utility Information from Utility Companies and Agencies a. Prepare and Distribute Utility Noti fication Letters Requesting Facility
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Location Records from all Affected Utility Companies and Agencies b. Prepare Utility Research Database
1) Include Field Investigation Observations
2) Include Information Obtained from Utility Companies and Agencies
5. Incorporate Utility Information into the Base Mapping a. Update the Utilit ies as Required
b. Add New Utilities as Required
6. Prepare Preliminary Plans
a. Cover Sheet
b. Legend, Index, and Notes Sheets
1) Typical Sections
c. Plan and Profile Sheets
1) Horizontal and Vertical Alignments will Remain Essentially as in the Existing 90% Plans, and Only Minor Revisions Will be Made d. Cross Sections
1) Update Roadway Model to Eliminate Grind and Overlay
e. Construction Details
f. Ramp Details
1) Ramp Details will Remain Essentially as in the Existing 90% Plans, and Individual Ramp Designs will not be Prepared
g. Landscape Plans
1) Landscaping Only in the Existing Median in Peach Avenue Between Chapman Avenue and Kaviland Avenue
2) Landscape and Irrigation Designs Will be Updated to Comply with Current CalGreen requirements
h. Irrigation Plans
1) Irrigation Only in the Existing Median in Peach Avenue Between Chapman Avenue and Kaviland Avenue
2) Landscape and Irrigation Designs Will be Updated to Comply with Current CalGreen requirements
i. Utility Relocation Plan
1) City Water Appurtenances
j. Traffic Signal Plans
1) Traffic Signal Modifications for the Intersection of Peach and Jensen Avenues
2) Update Plans to Current City Standards
k. Pavement Signing and Striping Plans
1) Since Phases 2 and 3 will be Constructed Concurrently, No Special Striping (Lane Reduction, Etc.) is Included Between the Two Phases 2) Striping and Signing will Remain Essentially as in the Existing 90% Plans, and Only Minor Revisions Will be Made
l. FMFCD Separate Plans
1) Cover Sheet
2) Plan and Profile for Master-Planned Inlet Between Blossom Lane and Grove Avenue on the West Side of Peach Avenue
3) Plan and Profile for Master-Planned Inlet Between Kaviland and
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Chapman Avenues on the West Side of Peach Avenue
4) Per FMFCD, the Pipeline to the FMFCD Basin Has Been Constructed, So the Temporary Basin included in the Part 2 Plans Will be Removed from the Plans
7. Prepare Preliminary Specifications
8. Prepare Itemized Opinion of Probable Construction Cost
9. Submit Preliminary Plans, Specifications, and Estimate (60% Design Completion)
C. UTILITY AND AGENCY COORDINATION
1. Submit Preliminary Plans to Affected Utility Companies, Agencies, & Districts
2. Incorporate Information and Comments Received from Utility Companies and Agencies in Construction Plans
3. Identify Utility Conflicts
4. Include Necessary Water Relocations as Part of Project Design a. For Facilities Owned by City
b. Incorporate Relocations in Project Construction Documents c. Relocations to be Done as Part of Project Construction
5. Coordinate with Utility Owners to Secure Relocation of Private "Dry" Utilities a. For Private Electric, Gas, and Communications Facilities b. Provide Construction Plan Information and Applications as Necessary for the Relocation of the Overhead Utilities Conflicting with the Work c. Perform All Required Coordinatio n with “Dry” Utility Companies as Authorized by the City
d. Show Relocated Utilities on Construction Plans
e. Relocation to be Done Prior to Proj ect Construction by Respective Utility Owners
D. RIGHT-OF-WAY AC QUISITION SUPPORT
1. Prepare Exhibit Showing Required Acquisitions for City Use a. Exhibit will Show the Acquisition Locations and Types b. Digital File will be Provided to Cit y for Use in Preparing Acquisition Documents
E. DESIGN DEVELOPMENT PHASE DELIVERABLES
1. Preliminary Plans (60% Design Completion)
2. Preliminary Specifications
3. Itemized Opinion of Probable Construction Cost
4. Exhibit Showing Required Acquisitions
5. CAD File with Linework of Required Acquisitions
CONSTRUCTION DOCUMENT PHASE
A. DRAFT FINAL (90%) DESIGN
1. Meet with City Staff, as Necessary, for Review of the Preliminary (60%) Submittal
2. Address Design Development Phase Review Comments
3. Prepare Draft Final Plans
a. Cover Sheet
b. Legend, Index, and Notes Sheets
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c. Typical Sections
d. Plan and Profile Sheets
e. Cross Sections
f. Construction Details
g. Ramp Details
h. Landscape Plans
1) Landscaping Only in the Existing Median in Peach Avenue Between Chapman Avenue and Kaviland Avenue
2) Landscape and Irrigation Designs Will be Updated to Comply with Current CalGreen requirements
i. Irrigation Plans
1) Irrigation Only in the Existing Median in Peach Avenue Between Chapman Avenue and Kaviland Avenue
2) Landscape and Irrigation Designs Will be Updated to Comply with Current CalGreen requirements
j. Utility Relocation Plan
1) City Water Appurtenances
k. Traffic Signal Plans
1) Traffic Signal Modifications for the Intersection of Peach and Jensen Avenues
2) Update Plans to Current City Standards
l. Pavement Signing and Striping Plans
1) Since Phases 2 and 3 will be Constructed Concurrently, No Special Striping (Lane Reduction, Etc.) is Included Between the Two Phases m. FMFCD Separate Plans
1) Cover Sheet
2) Plan and Profile for Master-Planned Inlet Between Blossom Lane and Grove Avenue on the West Side of Peach Avenue
3) Plan and Profile for Master-Planned Inlet Between Kaviland and Chapman Avenues on the West Side of Peach Avenue
4. Prepare Draft Final Technical Specifications
5. Update Itemized Opinion of Probable Construction Cost
6. Submit Draft Final PS&E (90% Design Completion)
a. Include Check Set from 60% Review
B. FINAL PLANS, SPECIFICATIONS AND ESTIMATES
1. Prepare Final Plans
2. Prepare Final Specifications
3. Update Itemized Opinion of Probable Construction Cost
4. Address Draft Final PS&E Review Comments
5. Submit Final PS&E for Approval (100% Design Completion) a. Include Check Set from 90% Review
6. Obtain Approval Signatures
C. CONSTRUCTION DOCUMENT PHASE DELIVERABLES
1. Draft Final (90%) Plans, Specifications, and Estimate
2. Final (100%) Plans, Specifications and Estimate
3. Printed Final Plans, Specifications and Estimate for Bidding
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4. Digital Final Plans, Specifications, and Estimate
BIDDING PHASE
A. BIDDING PHASE SERVICES
1. Attend Virtual Pre-Bid Conference
2. Prepare Addenda and Clarifications
CONSTRUCTION PHASE
A. CONSTRUCTION PHASE TASKS
1. Attend Virtual Pre-Construction Conference
2. Review Shop Drawings and other Contractor Submittals
3. Provide Clarification and Explanation of Construction Documents During Construction
4. Provide General Consultation and Advice
a. Respond to Requests for Information (RFIs)
5. Review Construction Contract Change Order Requests
a. Provide Related Technical Information to City as Necessary
6. Provide Periodic Construction Site Observation
a. Minimum of Two Construction Site Visits
7. Prepare and Submit Record Drawings
a. Incorporate Construction Contractor Red-Lined Plans
b. Incorporate City-Provided Information
c. Incorporate Responses to RFIs
d. Incorporate Any Other Bulletins, Amendments, or Clarifications