HomeMy WebLinkAboutBlair, Church & Flynn Consulting Engineers Inc - 3rd Amdt. Agrmnt - 05.31.2022_::t D c}-)--7 bCi
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THIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement (Amendment) made and entered into as of
~, 3 I , 2022, amends the amends the Agreement heretofore entered into
between the CITY OF FRESNO, a municipal corporation (City), and BLAIR, CHURCH &
FLYNN CONSUL TING ENGINEERS, INC., a California Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated
April 25, 2017, for services related to the design of plans and general construction
contract documents for the South Bound Polk Avenue, Shaw Avenue to Gettysburg
Avenue Widening Project (Agreement); and
WHEREAS, as part of design coordination efforts, Consultant will provide positive
utility locations (potholing). The City has agreed to (1) increase the scope of services
described in Exhibit A to the Agreement, to include potholing, and (2) compensate the
Consultant a total cost of $26,900.00 for the additional services; and
WHEREAS, the City and the Consultant entered into a First Amendment on
December 6, 2018, to add a HAWK type pedestrian crossing and widening the east side
of Polk Avenue; and
WHEREAS, the City and the Consultant entered into a second amendment on
March 17, 2022, to complete a Noise Abatement Decision Report; and
WHEREAS, the Parties desire to memorialize the above-mentioned modifications
to the Agreement herein.
AGREEMENT
NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended
as follows:
1. Scope. The Consultant shall provide additional services as described in Exhibit
A, attached hereto and incorporated herein by reference.
2. Compensation. The Consultant's sole compensation for satisfactory performance
of all services required or rendered pursuant to this Amendment shall be a total
cost of $26,900.00.
3. Conflict. 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. Effect of Amendment. Except as otherwise provided herein, the Agreement
entered into by City and Consultant, dated April 25, 2017, and amended on
December 6, 2018, and March 17, 2022, remains in full force and effect.
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5 . Exhibits. This Amendment contains one (1) exhibit: Exhibit A .
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California Municipal Corporation
By:~~
Randall W. Morrison, P.E .
Assistant Director
Public Works Department
APPROVED AS TO FORM :
DOUGLAS T. S N
t te
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:&::t 0/21/J,z
' ate
Deputy ~
Addresses:
CITY:
City of Fresno
Attention: Jesus Avitia , P.E.
2600 Fresno Street, 4th Floor
Fresno, CA. 93721-3623
Telephone No. (559) 621-8804
FAX. (559) 457-1277
BLAIR, CHURCH & FLYNN
a California Corporation
By: J~ -
Vice President
By:~~~~~~,___-_
Aaam K. Holt
Chief Financial Officer
REVIEWED BY:
~a-v----c-'f_.E-
sus Avitia, P.E. 0;, -s1--,..:L
Deputy City Engineer
CONSULTANT:
Blair, Church & Flynn Consulting
Engineers
Attention: Bradley Kerner, P.E.
Project Manager
451 Clovis Ave, Suite 200
Clovis, CA 93612
Phone: (559) 326-1400
Attachments: Exhibit A -Additional Scope of Services
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Exhibit A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Third Amendment to Agreement between
City of Fresno (City) and Blair, Church & Flynn Consulting Engineers, Inc. ,
a California corporation (Consultant)
Pro je ct Understa ndi ng
As part of design coordination efforts, Consultant has determined the utilities shown in
Exhibit A-1 , be potholed. The locations for the potholes will be determined by a
combination of record drawings, locations of existing surface improvements , and
Underground Service Alert markings. Consultant will prepare a CAD drawing of the
approximate pothole locations which the City surveyors will use to mark the locations in
the field. Our subconsultant (T2 Utility Engineers) will then pothole the existing utilities
and City survey crews will survey the horizontal and vertical location of the utility . This
information will then be incorporated into the plans and provided to the City. Consultant
shall identify and mitigate any design conflicts, including coordination with any affected
agencies.
Scope of Services
The following Scope of Services outline describes , in detail, the additional services the
Consultant will provide the City for this amendment.
PART 3 CONSTRUCTION DOCUMENT PHASE
A Draft Final (90%) Design
1. Project management
2 . Prepare CAD file for pothole locations
3 . Send CAD file to City for field marking
4. Perform potholing
5 . Incorporate pothole information into base files
6 . Revise utility locations on the plans based on pothole data
7. Provide copies of the potholing results to affected utility authorities with
conflicting improvements and attend a maximum of two (2) meetings with
affected agencies to discuss potential resolutions.
Assu m pt ions :
1. It is understood by all parties that the extent of any design revisions resulting from
the potholing operations described in this amendment cannot be quantified until
after the potholing is completed. Therefore, this proposal does not include costs
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for redesign of the proposed contract improvements resulting from the information
obtained from the potholing operations.
2. City survey crews will field mark and provide a CAD file on the project coordinate
system with the locations and elevations of the proposed potholes.
3. T2 Utility Engineers will submit traffic control plans to the City and obtain approval
of said plans before beginning field work .
4. The City will provide a no-fee encroachment permit for the work associated with
this~
5. City will obtain right-of-entry documents for potholing on privately owned parcels.
6. Native soil excavations from potholes will be acceptable for backfill and
compaction.
7. Asphalt concrete cold patch resurfacing is acceptable for all potholes.
8 . The removal of Underground Service Alert pavement markings is not required.
9. Sewer laterals have been excluded from potholing.
Compensation
Consultant proposes to provide the engineering services described in the foregoing
Scope Services for a total of $26,900 in additional compensation. The following table
provides a breakdown of the existing compensation budget for each part of the scope of
services, along with the corresponding proposed increase.
Phase
Original
Compensation
'Plus
Amendments
1 and 2
Proposed
Additional
Compensation
Proposed Total
Compensation
Part 1 -Schematic DesiQn Phase $33 ,340 $0 $33 ,340
Part 2 -Design Development
Phase
$42,160 $0 $42,160
Part 3 -Construction Document
Phase
$40,180 $26,900 $67 ,080
Part 4 -Bidding and Award Phase $4,550 $0 $4,550
Part 5 -Construction Phase &
General Construction
Contract Administration $22,600 $0 $22,600
Totals: $142,830 $26,900 $169,730
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2600 Fresno Street City of Fresno Fresno, CA 93721
www.fresno.gov
Legislation Details (With Text)
File#:
Type:
File created :
On agenda:
Title:
Sponsors:
Indexes:
Code sections:
Attachments:
ID 22-769 Version: 1 Name:
Action Item Status: Passed
5/6/2022 In control: City Council
5/26/2022 Final action: 5/26/2022
Approve a Third Amendment to the Consultant Services Agreement with Blair Church & Flynn
Consulting Engineers , Inc ., in the amount of $26 ,900 , for a total increased contract amount of
$169,730, with an additional $8,000 remaining in contingency, for civil engineering design services
and preparation of construction documents for the Southbound Polk Avenue Widening Project from
Gettysburg Avenue to Shaw Avenue (Council District 1)
Public Works Department
1. 22-769 Third Amendment, 2 . 22-769 Vicinity Map
Ver . Action By Action ResultI Date
5/26/2022 1 City Council
REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: RANDALL W . MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
JESUS AVITIA, PE, Deputy City Engineer
Public Works Department, Transportation Project Management
SUBJECT
Approve a Third Amendment to the Consultant Services Agreement with Blair Church & Flynn
Consulting Engineers, Inc., in the amount of $26,900, for a total increased contract amount of
$169,730, with an additional $8,000 remaining in contingency, for civil engineering design services
and preparation of construction documents for the Southbound Polk Avenue Widening Project from
Gettysburg Avenue to Shaw Avenue (Council District 1)
RECOMMENDATION
Staff recommends City Council approve the third amendment to the Consultant Services Agreement
(Agreement) with Blair, Church & Flynn Consulting Engineers (BCF) in the amount of $26,900, for
civil engineering design services and preparation of construction documents for the Southbound Polk
Avenue Widening Project from Gettysburg Avenue to Shaw Avenue, and authorize the Public Works
Director or designee to execute the third amendment on behalf of the City of Fresno.
City of Fresno Page 1 of3 Printed on 5/27/2022
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