HomeMy WebLinkAboutGhirardelli Associates Inc., - 1st amendment to agreement dated 03.18.20 - 09.29.23FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
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into as of this'ay of September 2023, amends the Agreement entered into between
the CITY OF FRESNO, a California municipal corporation (City), and GHIRARDELLI
ASSOCIATES INC., a California corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated March 18, 2020
for professional engineering services for the design of plans and general construction
contract documents for Veterans Boulevard Grade Separation Project (Agreement); and
WHEREAS, the Consultant completed the construction inspection services
outlined in the Scope of Services of the Agreement; and
WHEREAS, unanticipated construction schedule impacts necessitated completion
of additional inspection services, all of which have been performed by the Consultant;
and
WHEREAS, City and Consultant now desire to modify the scope of work and
compensation to recognize the expanded work effort and to increase the compensation
under the Agreement to compensate the Consultant for the additional services.
AGREEMENT
NOW, THEREFORE, 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 the established project schedule of the Agreement.
2. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total fee of $29,000.00.
3. 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.
4. Except as otherwise provided herein, the Agreement entered into by City
and Consultant, dated March 18, 2020, remains in full force and effect.
[Signatures follow on the next page.]
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
By.
SCOTT MOZIER
Director
Public Works Department
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
ifer M. intanilla Date
Senior Deputy City Attorney
Addresses:
CITY:
City of Fresno
Attention: Randall Morrison
2600 Fresno Street, Rm 4016
Fresno, CA 93721-3623
Telephone No. 559-621-8703
FAX. 559-457-1277
Attachment:
Attachment A — Additional Scope of Services
Ghirardelli Associates Inc.,
a California Corporation
By. Randall Bruner, P E. (Sep 21, 2L
Name: Randall Bruner
Title: President / CEO
M
Name
(if corporation or LLC, Board Chair, Pres.
or Vice Pres.)
Raewyn Butcher
Title: Secretary
(if corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
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sus Avitia,P.E. o4-z�-z;
Assistant Director
Capital Projects Department
CONSULTANT:
Ghirardelli Associates, Inc. Attention
Randall Bruner, PE
President
2055 Gateway Place, Suite 470
San Jose, CA 95110
Telephone No. (408) 435-5503
FAX: (408) 435-5505
Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service First Amendment to Agreement between City of Fresno (City) and
Ghirardelli Associates Inc. (Consultant)
Veterans Boulevard Project -- Grade Separation PWO0683
Project Title
Consultant shall perform each of the tasks described below:
Scope Breakdown
Veterans Blvd Grade Separation:
1) An expanded work effort was necessary for responding to unanticipated construction
schedule impacts including those caused by weather, MSE material delays, inspection
of the contractor's activities in excess of 8 hours, and changes in the contractor's
schedule. Ultimately, these cumulative impacts resulted in an increase to Consultant's
original number of working days (additional 247 calendar days). Per the Agreement,
Consultant was required to complete services within 04/13/21 which is 392
consecutive calendar days starting from Notice to Proceed issued on 03/18/20.
Consultant's last actual working day was 12/16/21.
Scope
Ghirardelli performed construction inspection services as outlined in the Scope of
Services of the Agreement. Additional inspection services were needed due to several
factors, which included changes to the construction schedule as described above.
Fee
The fee to provide services of the above outlined scope is shown in the table below:
Fee
Veterans Blvd North Extension:
Item #1 — Expanded Work Effort $29,000.00
Total $29,000.00
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