Loading...
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