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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 -Z 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: ie . 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 4