HomeMy WebLinkAboutSherwood Design Engineers - Second Amendment to Agreement - 11.16.23TD rr
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and
entered into as of this jk�!! day of K"Cv-%GCR 2023 (Effective Date), amends the
Agreement entered into between the CITY OF FRESNO, a California municipal
corporation (City), and Sherwood Design Engineers, a California Corporation
(Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated December 17,
2021, for professional Engineering services for the design of plans and general
construction documents for the Southwest Fresno Trail, (Agreement); and
WHEREAS, the City and the Consultant entered into a First Amendment on
November 28, 2022, to modify the scope of work and provide additional services; and
WHEREAS, Consultant has completed Parts One and Two of the Agreement; and
WHEREAS, during the course of design, it was determined that additional design
work is required to address necessary scope changes; and
WHEREAS, City and Consultant now desire to modify the scope of work therein
by requiring additional services to address these scope changes and to increase the
Consultant's compensation.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows-
1 . The recitals set forth above are incorporated herein by reference and made
part of this Amendment.
2. Consultant shall provide additional services as described in Attachment A,
attached hereto and incorporated herein by reference. Such additional services shall be
completed within 145 days following execution of this Amendment by both parties.
3. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total fee of $62,217.
4. 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.
5. Except as otherwise provided herein, the Agreement entered into by City
and Consultant, dated December 17, 2021, and amended on November 28, 2022,
remains in full force and effect.
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,
Director
Capital Projects Department
ATTEST:
TODD STERMER, CMC
City rk
By:
f G��
D puty
APPROVED AS TO FORM:
ANDEW JANZ
CityOdonCM.—Collet
By:
?J
bAte
Supervising Deputy City Attorney
Addresses:
CITY:
City of Fresno
Attention: Brandon Chacon
2600 Fresno Street, 4t" Floor
Fresno, CA, 93721-3623
Telephone No. 559-621-8713
Attachment: Attachment A
E
Sherwood Design Engineers, a California
Corporation
By:
Name: Robyn Cooper
Title: Principal
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name: John Leys
Title: Secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Brandon Chacon
Projects Administrator
Capital Projects Department
CONSULTANT:
Sherwood Design Engineers,
Attention: Robyn Cooper, MS, PE
Principal
Santa Cruz, CA 95062
Telephone No. (831) 426-9054
Attachment A
ADDITIONAL SCOPE OF SERVICES
Second Amendment to Consultant Service Agreement between City of Fresno (City)
and Sherwood Design Engineers (Consultant)
Southwest Fresno Trail Protect
Consultant (Sherwood Design Engineers) shall perform the following task described
below:
Item Task Description
Total Cost
Design Scope Changes, in accordance with the Consultants $62,217
Additional Services Proposal dated October 3, 2023, to
realign and design the trail so it is located within the
FID Easement between Thorne Avenue and Delno Avenue.
Total Cost $62,217
3