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FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ___________ 2026, amends the Agreement entered into between the CITY OF F RESNO, a California municipal corporation ( City), and BKF Engineers, a California corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated March 23, 2017, for services related to the design of plans and general construction contract documents for the Herndon Avenue Widening between Polk and Millburn Avenues (Agreement); and WHEREAS, the City and the Consultant entered into a First Amendment on December 4, 2020, to modify the scope of work and provide additional services; and WHEREAS, the City and the Consultant entered into a Second Amendment on July 30, 2024, to modify the scope of work and provide additional services; and WHEREAS, the City and the Consultant entered into a Third Amendment on February 27, 2025, to modify the scope of work and provide additional services; and WHEREAS, Consultant has completed the Parts One and Parts Two portions of the Agreement; and
WHEREAS, City has reviewed the project requirements and determined the need for additional coordination and deliverables to complete the Construction Document phase; and
WHEREAS, City and Consultant entered into a Fourth Amendment on May 1, 2025, utilizing an additional $150,138 to complete work for a total contract amount of $1,293,263, with a remaining $3,700 contingency amount; and WHEREAS, City and Consultant now desire to enter into this Fifth Amendment to modify the agreement to increase the scope of work necessary, utilizing an additional $143,582 to complete work for a total contract amount of $1,436,845, with a remaining $3,700 contingency amount; and
WHEREAS, with entry into this 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 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 commence upon execution of this Amendment by both parties, and shall end upon termination of the Agreement.
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Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Fifth Amendment to Agreement between City of Fresno (CITY) and BKF Engineers, a California corporation (CONSULTANT)
Herndon Avenue Widening Project from Polk Avenue to Milburn Avenue
Additional Scope of Services includes, but is not limited to:
ADDITIONAL SCOPE OF SERVICES
Project Management
Project Management efforts in support of additional services. T asks will include coordination meetings, Project Development Team (PDT) meetings, scheduling of project staff, review of work prepared by staff and sub -consultants, coordination of new design work with staff and sub-consultants, and monitoring the project schedule and budget.
Adjacent Improvements, As-Built Conflicts, & Signal Plan Modifications Construction of adjacent improvement projects at the westerly end of the Herndon Avenue project limits occurred after the development of the original base sheets and preparation of the 100% design plans, which resulted in significant discrepancies between the approved design and existing field conditions. These inconsistencies were identified during design review and field verification efforts. After these issues were discovered, the City provided updated topographic files in September 2025 reflecting the r evised field conditions at the Spruce/Polk intersection, and BKF incorporated this updated topo into the design. Additional revisions were then made to both the civil and traffic signal plans, including updates to base mapping, supplemental site reconnaissance, and coordination across disciplines to ensure all changes were accurately integrated into the final plans.
Revised Electric Service Cabinet Layout at W. Spruce Avenue Revisions to the traffic, lightning, and irrigation cabinet layout in the northeast quadrant of the W. Spruce Avenue intersection required extensive coordination with TOC, TSSL, and City staff. The original cabinet configuration was developed per City stan dards, but multiple rounds of comments, conflicting markups, and updated guidance necessitated several redesign iterations.
Structural Plan Updates & Coordination (BCA)
Recent changes initiated by the City , combined with the extended project schedule, necessitated additional structural design services. These efforts included multiple rounds of PS&E review by a newly retained City structural consultant, which required BCA to revise and resubmit structural pl ans in response to updated City comments. In addition, the project required a transition from the City’s standard specification format to Caltrans specifications, resulting in added coordination and increased design duration. Further structural updates were also required due to changes in Caltrans standard plans (2018
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vs 2023) affecting retaining wall details, which required additional collaboration with the geotechnical engineer to ensure conformance with current standards. Upon review of the Final Foundation Report Dated October 27 th, 2025, it was determined the available retaining wall footing bearing capacities would be inadequate for the required demands.
This deficiency was identified for approximate 50 -foot portions of Retaining Walls 2 and
3. Lighting Plan Updates & Coordination (AEC)
Revisons were required to the lighting design package (six sheets total): Street Lighting, Railroad Lighting, Added Lighting Conduit Run Lengths, Revised Electric Service Cabinet Layout at W. Spruce Avenue, and extended Project Duration.
Fee Rate Increases
Fee rate increases to continue services for the remaining duration of the contract.
DURATION
Services shall be undertaken and completed in a sequence assuring expeditious completion. All services shall be rendered and deliverables submitted within Twenty-Eight (28) calendar days from the issuance of a Notice to Proceed for this amendment. Re - submittals as necessary to obtain the acceptance of the CITY, shall be submitted to CITY within Fourteen (14) calendar days from receipt of CITY’s comments unless an extension is approved in writing by the Director.
COMPENSATION
The following table provides a breakdown of the existing budget for each part of the scope of services.