1 SECOND AMENDMENT TO AGREEMENTTHIS SECOND AMENDMENT TO AGREEMENT (Second Amendment) made and entered into as of this ___ day of ________________, 2024, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (City), and PCubed Associates, Inc., a California corporation (Consultant). City and Consultant are collectively referred to as Parties.RECITALSWHEREAS, City and Consultant entered into an Agreement, dated November 17,2022, for professional architectural and engineering consulting services for the FAX HVAC and Building Improvements Project (Agreement); andWHEREAS, the Parties entered into a First Amendment to Agreement, datedAugust 14, 2023 for the purpose of expanding the scope of services to provide engineering services related to CNG detection and ventilation systems, along with additional ducting required for the Hydrogen detection and ventilation systems, increasing monetary consideration in the amount of $61,700, for a total contract value of $595,300; andWHEREAS, the Parties now seek to further revise the scope of work to include additional services related to the effort required to comply with Title 24 including research and a cost-benefit analysis between the 2016 and 2024 code requirements, along with additional effort and research to determine the feasibility of replacing the diesel-powered emergency generator in the original scope of work with a hydrogen-powered emergency generator; andWHEREAS, the Parties further seek to increase compensation in the amount not to exceed $59,700, for a total contract value not to exceed $655,000; andWHEREAS, Consultant desires to perform such additional services as set forth herein; andWHEREAS, by entry into this Second Amendment, the Consultant agrees it has no claim, demand or dispute with the City. AGREEMENTNOW, THEREFORE, in consideration of the above recitals, the parties now 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. The time to complete the services is outlined in Attachment A.2. Csole compensation for satisfactory performance of all servicesrequired or rendered pursuant to this Second Amendment shall be in the amount not to exceed $59,700, for a total contract value not to exceed $655,000. 2 3. 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 the parties, provided for within the body of this Second Amendment shall be null and void. 4. Except as otherwise provided herein, the Agreement and First Amendment remain in full force and effect. [SIGNATURE PAGE TO FOLLOW] 3 IN WITNESS WHEREOF, the parties have executed this Second Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By:_______________________ Gregory A. Barfield, M.A., Director, Department of Transportation APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Jennifer M. Wharton Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: Deputy Date Addresses: CITY: City of Fresno Attention: Project Manager 2223 G Street Fresno, CA 93706-1675 Telephone: (559) 621-1420 Attachment: A: Additional Scope of Services PCUBED ASSOCIATES, INC., a California corporation By: Name: Title: (Chairman/Pres/Vice Pres.) By: Name: Title: (CFO/Secretary/Treasurer) CONSULTANT: PCubed Associates, Inc. Attention: Pawan Gupta, President/Principal 221 E Lexington Dr., #304 Los Angeles, CA 91206 Telephone: (818) 920-8001
4 Attachment A Additional Scope of Services Consultant Service For the Second Amendment to Agreement between City of Fresno (City) and PCubed Associates, Inc. (Consultant) FAX HVAC and Building Improvements Project Consultant shall perform each of the tasks described below. Scope of Work The below scope of work reflects the redesign needs of FAX as well as the proposal letters from PCubed Associates dated April 16, 2024 to provide: Revised Scopes of Work and Research and Feasibility in These Areas; o Compliance with both 2024 and 2016 versions of Title 24 o Replacement of diesel-powered emergency generator with a hydrogen-powered emergency generator Compensation Compensation for the completion of the scope of work associated with the additional scopes and plan revisions is not to exceed $59,700.00. Period of Performance Completion of the above scope of work is to coincide with existing deliverables and timeline for the design and execution of the project. After NTP, 95% Plan Design, 100% Plan Design, Construction Plan Check. Deliverables Compliance reviews and documentation to comply with the current and previous versions of Title 24 Research and feasibility study for replacement of a diesel-powered emergency generator with a hydrogen-powered emergency generator