HomeMy WebLinkAboutSWCA, INC dba SWCA Environmental Consultants - Third Amendment to Agreement dated 10.06.21 for professional environmental servies for the Ashlan Ave Widening project - 09.15.22THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this I Ir day of , amends the Agreement entered between the
CITY OF FRE NO, a California municipal corporation (City), and SWCA, Incorporated
dba SWCA Environmental Consultants, an Arizona Corporation. (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated October
6, 2021, for professional environmental services for the Ashlan Avenue Widening project
(Agreement); and
WHEREAS, the Consultant has completed a portion of the Agreement; and
WHEREAS, City and Consultant amended the Agreement on August 24, 2022
(First Amendment) to modify the scope of work therein by requiring additional services;
and
WHEREAS, City and Consultant amended the Agreement on September 21, 2022,
(Second Amendment) to extend the Consultant's performance period for the completion
of additional services, without any additional compensation being provided under this
Amendment; and
WHEREAS, City and Consultant now desire to modify the scope of work, therein,
by requiring additional services; and
WHEREAS, with entry into this Amendment, Consultant agrees that it has no
claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual premises herein contained, the parties agree that the
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 90 calendar days following execution of this Amendment by both parties.
2. Consultant's performance period for services shall be extended to August
30, 2024, as described in Attachment A, attached hereto, and incorporated herein by
reference.
3. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total net fee of $18,426.
4. In the event of any conflict between the body of this Third 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. The Agreement and Amendments will be administered for the City by its
Capital Projects Department
6. Except as otherwise provided herein, the Agreement and the First
Amendment and Second Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Amendment at
Fresno, California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Randall W. Morrison, PE
Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Aft
By:
Angela M. Karst Date
Senior Deputy City Attorney
SWCA, Incorporated dba SWCA,
Environmental Co -sultants, and Arizona
Corporatic
By: - ' _ f V '- -
Name�-�Aktltf_,4
Title:ye eLL'M_ j 1 �
(If corporation or LLC., Boar hair,
Pre r Vice Pres.)
By:
Name: Denis Henry
Title: CFO/EVP/Treasurer/Secrets
ATTEST:. (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City Clerk REVIEWED �,
By: qlixiJ73
Deputy D to I Abdul Bin ahfodh, PMP
Engineer II
Addresses:
City: City of Fresno
Attention: Abdul BinMahfodh, PMP
Engineer II
2600 Fresno Street, 4th Floor.
Fresno, CA 93721
(559) 621-8701
CONSULTANT:
SWCA, Incorporated dba SWCA,
Environmental Consultants
Attention: Jacqueline Markley, M.S.
AICP, Project Manager
1422 Monterey Street, B-C200
San Luis Obispo, CA 93401
(916) 234-5522
Attachment:
Attachment A — Additional Scope of Services
2