HomeMy WebLinkAboutCarollo Engineers, Inc - Third Amendment to Agreement - 08.15.24THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this 15 r ay of AZjt/j -1 2024, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and Carollo
Engineers, Inc., a Delaware Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an agreement on
May 31, 2023, (Agreement) to provide professional engineering services in the amount
of $736,873, with a contingency amount not to exceed $74,000, for the Downtown
Water & Wastewater Infrastructure Improvement Study (Project); and
WHEREAS, on November 27, 2023, the First Amendment to the Agreement
(First Amendment) was executed to expand the Consultant's scope of services to
include design, bidding support, and construction support services related to the Project
and increase the Consultant's total compensation to $2,000,406, with an amended
contingency amount not to exceed $374,000; and
WHEREAS, on April 17, 2024, the Second Amendment to the Agreement
(Second Amendment) was executed to use the new labor rates for 2024 outlined in the
Consultant's 2024 Fee Schedule; and
WHEREAS, the Consultant has completed the design and bidding services portion
of the First Amendment to the Agreement; and
WHEREAS, the City and Consultant now desire to modify the scope of services to
reallocate fees and include construction support services related to the Project; and
WHEREAS, with entry into this Agreement, the Consultant agrees that the
Consultant has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the aforesaid Agreement be amended
as follows:
1. The Consultant shall provide additional services as described in
Attachment A, attached hereto and incorporated herein by reference. Such additional
services shall be completed within 500 days following execution of this Amendment by
both parties.
2. The monetary consideration shall increase in the amount of $427,370, with
a remaining contingency amount not to exceed $374,000, increasing the total contract
amount to $3,164,649 with a contingency amount not to exceed $374,000.
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 entered into by the
City and Consultant, dated May 31, 2023, remains in full force and effect.
[Signatures follow on the next page.]
2
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporaien----
y
Fra cisco V. r4gos, PE,
Assistant Director
ATTEST:
TODD STERMER, CMC
City Clerk
eputy C Date
SjAl�J't Pa
APPROVED AS TO FORM:
ANDREW JANZ
;City Attorney-7 zib
A a M. Karst Date
Senior Deputy City Attorney
Addresses:
CITY:
City of Fresno
Attention: Robert A. Diaz
Project Manager
747 R Street, 2"d Floor
Telephone No. (559) 621-8837
Attachment:
Exhibit A - Expanded Scope of Services
Carollo Engineers, Inc.,
a Delaware Corporation
By:
Name: Ryan Sellman
Title: Vice President
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
By: L_
Name: Anne E. Prudhel
Title: Executive Vice President
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Sarah Lambeth
Senior Management Analyst
Capital Projects Department
CONSULTANT:
Carollo Engineers, Inc.
Attention: Ryan Sellman, Vice President
1401 Fulton Street, Suite 802
Fresno, CA 93721
Telephone No. (559) 436-6616
FAX: (559) 436-1191
EXHIBIT A
EXPANDED SCOPE OF SERVICES
Consultant Service Third Amendment to Agreement between City of Fresno (City)
and Carollo Engineers, Inc., a Delaware Corporation (Consultant)
Downtown Area Water and Wastewater Infrastructure Improvements Stud
SCOPE OF WORK
The expanded scope of services is necessary for the engineering services during
construction. Tasks associated with the engineering services during construction were
not included in the original contract nor any subsequent amendments.
Task 13 Engineering Services During Construction
Task 13.1 Project Management
This task includes administration, management, coordination, monitoring, and reporting
for the project. The Consultant will submit monthly invoices to summarize the work
performed during the current month, the current percent complete, and percent spent of
the budget. The Consultant will provide management and coordination necessary to
perform planning, execution, and to maintain staffing needs and budget throughout the
construction period.
Deliverables
Staffing, coordination, team management, progress reports, and resourcing:
approximately 8 hours per month.
Monthly invoices and progress reports.
Task 13.2 Conformed Documents
Following award of the project, the Consultant will prepare Conformed Documents using
the Consultant's standard format and distribute copies to City of Fresno staff and the
Contractor for use during construction. Changes to the plans and specifications
incorporated into the project by addenda during bidding will be included in the
Conformed Documents.
Deliverables
Conformed Documents include full-size plans and specifications book:
» Hard copies: 15 set of full-size 22"x34" plans and 15 specifications books.
» PDFs: Full sized plans and specifications book.
Task 13.3 Coordination Meetings
The Consultant will attend regularly scheduled virtual construction status meetings with
the City of Fresno Construction Manager (CM) and the Contractor. The meeting agendas
are expected to include site safety, construction progress, contract administration, open
requests for information (RFIs) and submittals and construction questions.
Deliverables
4
• Meetings will be monthly the first two months of the project and weekly thereafter for
a total of 42 meetings.
• Meetings will be virtual (i.e. MS Teams, Zoom or another platform).
Task 13.4 Construction Submittal Review
The Consultant will review and respond to product shop drawings and submittals from
the Contractor forwarded by the CM, estimated at 175 total reviews. Review comments
will be returned to the CM for processing and distribution to the Contractor and other
appropriate parties.
Task 13.5 Respond to Requests for Information
The Consultant will review Contractor RFIs as requested by the CM, estimated at 150
RFIs. The Consultant will review the Contractor furnished supporting information and
investigate the request through discussions internally with the Contractor and/or the CM.
The Consultant will review the necessary field data collected or mark ups to referenced
technical documents (supplemental drawings, specifications, etc.) to assist the CM with
the preparation of the RFI responses.
Task 13.6 Prepare Design Clarification
Under this task, the Consultant will also prepare up to ten (10) Design Clarifications (DCs)
for the Contractor or the City CM as requested changes or to correct conflicting
information within the Contract Documents.
Task 13.7 Site Visits
This task includes attending a total of 10 site visits at the request of the Contractor or the
City CM to answer field questions or witness on -going construction requiring engineering
input.
Deliverables
Each site visit includes onsite and travel time for a total of 8 hours per visit.
Each site visit assumes at least one attendee.
Task 13.8 Prepare Record Drawings
The Consultant will incorporate the Contractor's as -built mark ups of the Construction
drawings in CAD and develop an as -built set of drawings and other electronic files per
Consultant's Standard Format to finalize the record documents for the City.
Deliverables
Record documents:
» Hard copies: 1 set of full-size (22"x34") plans, 1 set of half-size plans (11 "x17")
» Pdfs: Full-size plans, half-size plans, and specifications.
A Drawing files in their native format CAD format.
Time of Performance
The Consultant will commence work on the project at the time of Notice -to -Proceed and
will last throughout the duration of the project, which is estimated to last approximately
18 months which includes 12 to 14 months of construction, two (2) months of startup
coordination, and two (2) months of Record Drawing development.
Third Amendment Compensation
Task 13 Engineering Services During Construction $427,370.00
TOTAL PROFESSIONAL SERVICES FEE $427,370.00
Second Amendment
Revised Fee Schedule (No compensation) $0.00
First Amendment Compensation
Water & Sewer Design Services $1,859,478.00
CEQA Su ort (Optional) 140 928.00
TOTAL PROFESSIONAL SERVICES FEE $2,000,406.00
Original Contract Amount
Phase 1: Preliminary Field Investigation & Hydraulic Analysis $293,828.00
Phase 2: Field Investigations, Capital Cost Estimates & Downtown
Area Water & Wastewater Infrastructure Improvement Stud $443.045,00
TOTAL PROFESSIONAL SERVICES FEE $736,873.00
Total Amended Contract Amount $3,164,649.00
With a
remaining
contingency
amount not to
exceed
$374,000.00
SCHEDULE
Time allotted for the construction phase is summarized below.
Task 13 14 Months