HomeMy WebLinkAboutBlair, Church & Flynn Consulting Engineers, Inc. 5th Amdt. Agrmnt - 1-26-23FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this 2L day of ::, r 2023, amends the Agreement heretofore entered
into between the CITY F FR NO, 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 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 60 calendar days following execution of this Amendment by both parties.
2. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total net fee of $24,962.
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, and the Fourth Amendment remain in full force
and effect.
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:
Randall Morrison, P.E.
Assistant Director
Public Works Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: z3
randon M. Collet date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Cl7k�
r
1-4 -C? 7
f,,,--Date
Addresses:
CITY:
City of Fresno
Attention: Abdul BinMahfodh
2600 Fresno Street, 4th Floor
Fresno, CA 93721-3623
Phone: (559) 621-8701
FAX: (559) 488-1045
Attachments: Attachment A
BLAIR, CHURCH & FLYNN CONSULTING
ENGINEERS, INC., a California
Corporation
By:
Name: Jeffrey D. Brians
Title
Vice President
(If corporation or LLC., Board Chair, Pres.
or Vic es.)
By:
Name: Adam K. Holt
Title: CFO
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Abdul inMahfodh
Project Manager
CONSULTANT:
Blair, Church & Flynn Consulting
Engineers
Attention: Bradley Kerner, P.E.
Project Engineer
Phone: (559) 326-1400
FAX: (559) 326-1500
K
Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Fifth Amendment to Agreement between City of Fresno ("City") and
Blair, Church & Flynn Consulting Engineers, Inc., a California corporation ("Consultant")
Peach Avenue Widenina Between Jensen and Butler Avenues
Project Title
Consultant (Blair, Church & Flynn Consulting Engineers, Inc., a California corporation)
shall perform each of the tasks described below in accordance with Consultant's proposal
dated December 1, 2022.
Proposed Sc❑ a of Additional Engineering Services
• Part 3 - Removal of Sidewalks from the Construction Documents
• Part 3 - Redesign Plans for Future South Peach Avenue Park Park Offsite
Improvements
• Part 3 - Addition of Sewer and Water Services for the Park
Proposed Compensation
Consultant proposes to provide the additional services described herein for a total
increase in project fees of $24,962.00. The proposed additional fees are:
Part 3 - Removal of Sidewalks from the Construction Documents $5,770.00
Part 3 - Redesign Plans for Park Offsite Improvements $11,898.00
Part 3 - Addition of Sewer and Water Services for Park $3,130.00
Part 4 — Bidding Services $1,400.00
Part 5 — Construction Services $2,764.00
TOTAL PROPOSED AMENDMENT FEE $24,962.00
The following table summarizes the current and proposed additional engineering fees for
the project identified in this proposal.
Part
Current Fees (Including First,
Second & Third Amendments to
Agreement)
Additional Fees
for this
Amendment
Revised Fees
1
$152,880.00
$89,460.00
$0.00
$152,880.00
2
$0.00
$89,460.00
3
$59,962.00
$20,798.00
$80,760.00
4
$5,940.00
$1,400.00
$7,340.00
5
$18,720.00
$326,962.00
$2,764.00
$21,484.00
Totals
$24,962.00
$351,924.00
3