HomeMy WebLinkAboutCommunity Works Design Group - 2nd Amendment to Agreement - 03.25.24SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and
entered into as of this ;?5±,Iday of "rrl , 20g�, amends the Agreement entered
into between the CITY OF FRESNO, a California municipal corporation (City), and
Community Works Design Group, a California corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated June 30, 2022.
To obtain professional landscape architecture services for the design of plans and general
construction contract documents for Milburn and Dakota Park (the Project); and
WHEREAS, the First Amendment to Agreement, made and entered into November
9, 2023, expanded the scope of services to include Consultant facilitating work between
sub -consultants to services for landscape maintenance plan and expedite the electrical
design for PG&E, and provided an increase in the amount of $49,950; and
WHEREAS, Consultant has completed the Part 1 Schematic Design and Part 2
Design Development of the Agreement; and
WHEREAS, City and Consultant now desire to modify the scope of work therein
by requiring additional services; and
WHEREAS, with entry into this Second Amendment, the Consultant agrees it has
no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
The recitals to this Amendment are incorporated and made a part of the
Agreement.
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 the term of the Agreement and completed no later than April 14, 2024,
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 $21,860.
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 June 30, 2022, remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By: � ,.ccac e t/ dd
FRANCISCO V. MAGOS II, PE,
MBA, QSD
Assistant Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorn
ey �
By: (rrII � -�f r/24
Christine C. Charitar Date
Deputy City Attorney
ATTEST:
TODD STERMER,
City Clerk
By.
De p Uty
CMC
Addresses:
CITY:
City of Fresno
Attention: Raymundo Casillas
Engineer 1
747 R Street
Fresno, CA 93721
Telephone No. 559-621-8658
3-Zs 26
Date
Community Works Design Group,
a Califor 'a Corporation
By: C
Name: S O RICE
Title: PRESIDENT
(If corporation or LLC., Board Chair,
Pre . or Vice Pres.)
By:
Name: S 07 RICE
Title:
TREASURER
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEW D BY'
L. Nathan Sanch , Pr s Administrator
Capital Projects Department
CONSULTANT:
Community Works Design Group,
Attention: Scott Rice, ASLA, LEED, AP,
President
7111 Indiana Avenue, Suite 300
Riverside, CA 92504
Telephone No. (951) 369-0700
Attachment: Exhibit A — Additional Scope of Services
2
Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Second Amendment to Agreement between City of Fresno (City)
and Community Works Design Group (Consultant)
Milburn and Dakota Project
Additional Scope of Services includes offsite roadway improvements based on approved
Geometrics Design. The offsite improvements will extend further beyond the initial
boundaries to improve the Milburn and Dakota Avenue Street intersection, but not limited
to south of the section/centerline of Dakota, east and west of Milburn between Cornelia
and Blythe Avenues.
Scope includes:
Task 1: Additional Off -Site Improvement Plans Coordination:
• Consultant will attend meetings as necessary to obtain approvals for the offsite
improvement packages.
Task 2: CEQA Addendum to Approved MND
• Consultant will prepare a CEQA Addendum to address the proposed additional
street improvements on W. Dakota Avenue and N. Milburn Avenue. This task will
include the following services:
i. Detailed review of the Initial Study/Mitigated Negative Declaration (IS/MND)
prepared for Milburn/Dakota Park to assess original project impacts and
mitigation measures.
ii. Analysis of potential environmental impacts associated with the proposed
street improvements.
iii. Comparison with original CEQA findings to determine if new significant
impacts are likely.
iv. Identification of any additional mitigation measures, as required.
V. Preparation of a draft CEQA addendum document, incorporating all
analysis and findings.
vi. It is not anticipated that an updated Biological Resources, Cultural
Resources Study, or VMT Assessment will be required. If these, or other
additional technical studies are needed to support the CEQA Addendum,
an updated proposal will be provided.
Task 3: Additional Topographic Survey
• Consultant will provide additional topographic survey for the south side of Dakota
Avenue per the approved GAD.
3
• Consultant will tie into City Benchmark System (or GPS NAVD88 Datum) for the
portions of Dakota Avenue west of the Milburn/Dakota centerline not originally
captured as part of initial contracted scope.
Task 4: Additional Off -site Construction Plans
■ Consultant will revise and include the required street improvements to complete
the design based on the Approved GAD.
• Consultant will prepare and revise the cost estimates based on the additional
offsite improvements.
• Consultant will ensure that all approvals are obtained by outside agencies.
Second Amendment Compensation
Additional Offsite Improvement Plans Coordination
CEQA Addendum to Approved MND
Additional Topographic Survey
Additional Off -Site Construction Plans
TOTAL PROFESSIONAL SERVICES FEE
First Amendment Compensation
Expedited electrical design for PG&E
Landscape maintenance plan
Additional field support
Reimbursables
TOTAL PROFESSIONAL SERVICES FEE
Original Contract Amount
Part 1: Schematic Design Phase
Part 2: Design Development Phase
Part 3: Construction Document Phase
Part 4: Bidding Phase
Part 5: Construction Phase
TOTAL PROFESSIONAL SERVICES FEE
Total Amended Contract Amount:
Schedule
Time allotted for each phase is summarized below.
El
$2,560.00
$4,600.00
$3,450.00
$11,250.00
$21,860.00
$38,000.00
$9,450.00
$1,750.00
$750.00
$49,950.00
$165, 525.60
$137,938.00
$117,247.30
$41,381.40
$227.597.70
$761,500.00
Additional Offsite Improvement Plans Coordination 16 calendar days
CEQA Addendum to Approved MND 24 calendar days
Additional Topographic Survey 16 calendar days
Additional Off -Site Construction Plans 16 calendar days