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.
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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)
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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
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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
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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
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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
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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
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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