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HomeMy WebLinkAboutBlair, Church & Flynn Consulting Engineers - 4th Amdt. Agrmnt. - 12-20-2022UUVU0Ily.I1 CI IVCIUpt! IU. O IL! / !4U-JCUL-V CLV-y/UU-UCyVOV IUF1l. IJ FOURTH AMENDMENT TO AGREEMENT THIS F%RTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this Lh day of oecem er , 2022, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and Blair, Church & Flynn Consulting Engineers, a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an agreement, dated August 19, 2021 (Agreement) to provide professional engineering services for the Van Ness Avenue Water Transmission Grid Main (Project) for a total fee of $287,700, which includes a contingency of $30,000; and WHEREAS, on November 17, 2021, the first Amendment to the Agreement was executed utilizing $10,527 of project contingencies to expand the Consultant's scope of services to include an underground utilities evaluation and increasing the Consultant's total fee to $268,227 with a remaining contingency of $19,473; and WHEREAS, on March 18, 2022, the second Amendment to the Agreement was executed utilizing $18,921 of project contingencies to expand the Consultant's scope of services to include providing additional engineering services for the project and increasing the Consultant's total fee to $287,148 with a remaining contingency of $552; and WHEREAS, on May 05, 2022, the third Amendment to the Agreement was executed using the remaining contingency of $552 and an additional $39,268 to expand the Consultant's scope of services to include soil sampling and a soil management plan, increasing the Consultant's fee by $39,820 for a total fee not to exceed $326,968; and WHEREAS, City desires to expand the Consultant's scope of services including, but not limited to, design services for the proposed alignment and an amendment to the Initial Study and Mitigated Negative Declaration. WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $80,900, increasing the Consultant's fee to a total fee not to exceed $407,868; and WHEREAS, with entry into this Amendment, Consultant agrees that Consultant has no claim, demands, or disputes against City. AGREEMENT NOW, THEREFORE, the City and the Consultant agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to expand the scope of services indicated in Exhibit Al, attached hereto and incorporated herein by reference. Vuuu Jlly.II CI IVCIupu 1V. O 1411 /YD-JC VL-4CG4-y1uV-UCSVOU IUMl., IJ 2. Except as otherwise provided herein, the Agreement, and the Amendments, entered into on August 19, 2021, November 17, 2021, March 18, 2022, and May 5, 2022, respectively, remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant have executed this fourth Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation By: FDocuSigned by: zD /&,, 12/20/2022 Broc uche, PE, PLS Director Department of Public Utilities APPROVED AS TO FORM: RINA M. GONZALES Inter D1 1 11 110 rney 10/12/2022 By: _ Brandon M. Collet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC, MMC City Clerk DocuSigned by: l « h, qbw 12/20/2022 By. s Deputy Date Tina M. Your Attached: Exhibit Al Blair, Church & Flynn Consulting Engineers, a California Corporation DocuSigned by: NV4 Auwr� 10/12/2022 By: Name: David Mowry Title: President (If corporation or LLC., Board Or Vice Pres.) Q�A (�b By: 10/12/2022 _ Name: Adam K Holt Title: secretary and CFO (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) UUUUJDl lI CIIVClUptC IW. O IG/ / I VU-VCy UOU IVMIJ I Page 3 of 6 Exhibit Al Scope of Services PART 1 SCHEMATIC DESIGN PHASE A. Project Management and Administration 1. Attend biweekly progress meetings (Total of 13 meetings) B. Utility Coordination 1. Conduct office and field investigations C. Ground Penetrating Radar (GPR) 1. Perform GPR work to determine unknown facilities below ground, if recommended (Bess Testlabs) D. Alignment Analysis 1. Conduct site investigations 2. Obtain and incorporate record information 3. Incorporate survey information 4. Conduct right-of-way and property line research 5. Prepare base mapping 6. Develop water main alignment E. Hydraulic Analysis 1. Complete hydraulic modeling (Akel Engineering) F. Schematic Design (30%) Plans 1. Prepare Schematic Design (30%) Plans PART 3 CONSTRUCTION DOCUMENT PHASE A. Final (90% and 100%) Plans, Specifications and Estimate 1. Prepare Draft Final (90%) Plans, Specifications and Estimate 2. Prepare Final (100%) Plans, Specifications and Estimate ENVIRONMENTAL ANALYSIS A. Addendum to the CEQA IS/MND, including reassessments of the topics in CEQA Guidelines Appendix G. It is assumed that none of the topics will require substantial updates or full technical studies except for Cultural Resources and Hazards and Hazardous Materials. B. Updates to the Hazardous Materials Survey (Rincon) 1. Request new records and review new information 2. Revise Hazards Memo letter report C. Updates to the Cultural Resources Assessment (Rincon) lair, Ce'urch _1=1ynn PA221-02321_Documents\Proposal\Amendments\Amendment 4 - Revised Alignment\221232_Amnd04_Rev2.doc UUL:UJ11y.11 CIIVClUplC IU. O IL/ ! VU JCuVOU 1 IJ Page 4 of 6 1. Field survey of new area 2. Addendum to the Cultural Resources Assessment report D. Perform soils sampling as required (Krazan) E. Assist with City Council adoption (if required) F. Post Addendum on State Clearinghouse G. Complete Project Modification Request for the Indirect Source Review (ISR), submit to San Joaquin Valley Air Pollution Control District, and confirm approval. The following assumptions have been made for this scope: 1. None of the topics will require substantial updates or full technical studies except for Cultural Resources and Hazards and Hazardous Materials. 2. None of the updates or reassessments will identify any new or more severe environmental impacts, or any new mitigation measures. 3. The City will not require public noticing; if adoption by City Council is required, it will be on the consent calendar rather than a discussion item. OPTIONAL_ SERVICES A. Surveys 1. Conduct Control and Topographic Surveys a) Survey existing property lines and easements b) Survey existing utility features accessible from ground surface c) Survey existing man-made features d) Survey existing topographic features Services Outside of Scope Services not included under our scope of work, but that may be provided upon request, include the following: 1. Preparation of Stormwater Pollution Prevention Plan (SWPPP) or Dust Control Plan (DCP), which will be required of the Contractor by the project specifications. 2. Property corner surveys or preparation of records of surrey 3. Analysis or studies outside those already performed 4. Acquisition of building permits 5. Attendance at public meetings beyond those described above 6. Design services related to the relocation of franchise utilities 7. Construction staking 8. Daily construction inspection and testing 9. Payment of fees 10. Acquisition of title information 11. Determination of underground utility locations by "pothole" methods i?icLI V, PA221-0232\_Documen[s\Proposal\AmendmenLs\Amendmen[ 4 - Revised A1ignmen[\221232_Amnd04_Rev2.doc UUUu J I Y I I MIVCIUFIC IU. O IL/ /!/UU JCz7U0U IuMI' I Page 5 of 6 12. Daily construction inspection or testing services 13. Preparation of traffic control plans 14. Noise technical study 15. Traffic study 16. Preparation of easements 17. Preparation of cross -access agreements 18. Coordination with property owners or other public outreach efforts Professional Services Fee Blair, Church & Flynn will provide the engineering services described in the above Scope of Services on a customary time and materials basis according to the Fee Schedule shown in Exhibit A. The fees are estimated as follows: Part 1 Schematic Design Phase $31,500.00 Part 3 Construction Document Phase $4,000.00 Environmental Assessment $45,400.00 TOTAL PROFESSIONAL SERVICES FEE $80,900.00 Optional Services Surveys $15,800.00 Additional services not specified in the Scope of Services are available upon request and can be provided on a time and materials basis, according to the Fee Schedule shown in Exhibit A. Schedule Blair, Church & Flynn will continue work on the project in coordination with the City, and is prepared to start design efforts for the additional scope of work for Phase 2 of the project immediately upon acceptance of this proposal, the execution of a Professional Services Agreement, and the issuance of a Notice to Proceed. Please don't hesitate to contact me at (559) 326-1400 if you have any questions. Best regards, BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS _2�#)4w Zachary Smith, PE Project Engineer Attachments: Attachment 1: Location Map Blair, Church Flynn P:\221-0232\_Documents\Proposal\Amendments\Amendment 4 - Revised Alignment\221232_Amnd04_Rev2.doc UUL;U,Dly II CI IVCIUpt/ IU. O IGf / /'#D-JCUL-'4CG4-7 l UU-UCy000 IUMV IJ Page 6 of 6 Exhibit A: Professional Services Fee Schedule General Consulting Prevailing Wage 2021 CLASSIFICATION RATE Principal............................................................................................................. $170.00/Hour ProgramManager..............................................................................................$165.00/Hour Professional Engineer 3..................................... ............................... .................. $160.00/Hour Professional Engineer 2.....................................................................................$150.00/Hour Professional Engineer 1.......................................•---•........................---..............$140.00/Hour Assistant Engineer 3..........................................................................................$120.00/Hour Assistant Engineer 2..........................................................................................$110.00/Hour AssistantEngineer 1........................................................................•---..............$105.00/Hour Professional Land Surveyor 2....................................................... ...................... $150.00/Hour Professional Land Surveyor 1....................................................... ...................... $140.00/Hour AssistantSurveyor.......................................................•................ ------...............$105.00/Hour Land Services Technician........................................•---•...........................,............$95.00/Hour Professional Landscape Architect............................................................ ............ $125.00/Hour LandscapeDesigner...........................................................................................$100.00/Hour DesignTechnician.............................................................................................. $110.00/Hour CADTechnician 3.................................................................................................$98.00/Hour CADTechnician 2............................................................. .................................... $88.00/Hour CADTechnician 1............................................................. .................................... $75.00/Hour Environmental Consultant ................................................. .................................. $120.00/Hour Construction Manager........................................................................................$120.00/Hour Construction Inspector't*.....................................................................................$100.00/Hour Construction Administrator ..................................... ............................................... $85.00/Hour StaffAnalyst.........................................................................................................$90.00/Hour Administrative Assistant.............................................................. .......................... $65.00/Hour EngineeringAide............................................................... ................................... $55.00/Hour Survey Party Mobilization ........................................... ....... ................................... $80.00/Hour 1-Man Survey Party** ........................................... ............. .................................. $180.00/Hour 2-Man Survey Party**......................................................................................... $350.00/Hour LiDARScanner..................................................................................................$200.00/Hour Equipment Rental and Associated Expense.......................................................... Cost x 1.10 Materials, Printing, Subconsultant Procurement.................................................... Cost x 1.10 Mileage....................................................................................................@ Current IRS Rate " May be subject to change based upon revisions to the State of California Prevailing Wage Determinations Biair, r.:j'ILirc:h P:\221-0232\_Documents\Proposal\AmendmentsW,mendment 4 - Revised Alignmenfl221232_Amnd04_Rev2.doc LU J Q U U) O H H O Z L/UUUJIIJ. II CIIvt1lupC IU. O I41 / /YD-JCL/L-4CLY-y 1 ULhUCmUOU I UMI, 10 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, A California Corporation In accordance with Section 9 of Article III of the Bylaws of the Corporation and Section 307(b) of the California Corporations Code, the Board of Directors of BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, a California corporation (the "Corporation"), hereby take the following actions and adopt the following recitals and resolutions by unanimous written consent of the Board of Directors of the Corporation: RESOLUTION REGARDING EXECUTION OF CONTRACTS WHEREAS, in order to conduct the business of the Corporation, it will be necessary for the officers of the Corporation, acting on behalf of the Corporation, to enter into and execute numerous contracts in the ordinary course and conduct of the business of the Corporation; WHEREAS, in order to confirm the authority and power of such officers to enter into and execute such contracts, the Board of Directors of the Corporation adopts the following resolutions; NOW, THEREFORE, BE IT RESOLVED, that, David A. Mowry, the President/Chief Executive Officer of the Corporation, Jeffrey D. Brians, the Vice President of the Corporation, Karl E. Kienow, the Vice President of the Corporation, and Adam K. Holt, the Secretary and the Chief Financial Officer of the Corporation, each acting alone or in concert with any of the others, are authorized to enter into and execute any contract, agreement or instrument in the name of or on behalf of the Corporation, and this authority shall be construed to be general in application, covering all agreements, contracts or other instruments necessary and proper with respect to the ordinary course of the business of the Corporation. RESOLVED FURTHER, that all prior resolutions of this Board of Directors relating to the contracting authority of officers of the Corporation are hereby rescinded and shall be of no further force or effect. This Action By Unanimous Written Consent of the Board of Directors of BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, a California Corporation, is hereby taken 1143030vl / 17760.0002 UUUUJII�f.II CIIVCIUpV IU. O 141 (/1 UU-JCU000 IUF11, 10 by the undersigned, constituting all the members of the Board of Directors of the Corporation, this 19 day of July, 2012. DAVID A. OWRY JEFFR AIDS e KARL E. KIENOW 1143030vl / 17760.0002 2