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Home My WebLink AboutO'Dell Engineering, Inc. Second Amendment to 8-24-23 Agreement - 1-22-24 DocuSign Envelope ID: 10CDA067-7B90-4543-B4A8-1336562B99FB SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ZZ day of 20;1, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and O'DELL ENGINEERING, INC., a California corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement dated May 3, 2023, for professional engineering services (Agreement); and WHEREAS, City and Consultant entered into a First Amendment to the Agreement on August 24, 2023, to modify the scope of the work and increase compensation by $6,500; and WHEREAS, City and Consultant now desire to further modify the scope of work therein by requiring additional services; and WHEREAS, by entry into this Second Amendment, the Consultant agrees it has no claim, demand or dispute with the City. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement be amended as follows: 1. Consultant shall provide additional services as described in Exhibit 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 July 1, 2025, following execution of this Amendment by both parties. 2. Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of Seven Thousand dollars ($7,000.00). 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 May 3, 2023, remains in full force and effect. The services of the 1 DocuSign Envelope ID:10CDA067-7B90-4543-B4A8-1336562B99FB Consultant as described in Exhibit A are to commence upon the City's issuance of a written "Notice to Proceed." IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, O'DELL ENGINEERING INC., a Califon is municip carp ration a California corporation d Oocu Signed by: i By: I By: 5aw v Fra cisco V. I4 gos II, PE, MBA, 91309AOE60CWg.. QSD Name. Dylan Crawford Assistant Director Capital Projects Department Title: President (If corporation or LLC., Board Chair, APPROVED AS TO FORM: Pres. or Vice Pres.) ANDREW JANZ nocuSigncdby: City Attorney By: F )4A _ FL3A7i7AV354'+A 85 By: e ICI`\ Name: Chad Kennedy Jennifer M. Wharton Date Deputy City Attorney Title: Secretary (If corporation or LLC., CFO, ATTEST: Treasurer, Secretary or Assistant TODD STERMER, CMC Secretary) City Clerk -- REVIEWED BY: Frk g �` '- ARMAN D O C E',I.ti;M;.. �:: :: .� Deputy <::2Anulllinn Date M;=,,•:,_,,,,:-. Armando Cervantes, Project Manager, Capital Projects Department Addresses: CITY: CONSULTANT: City of Fresno O'Dell Engineering Inc., Attention: Armando Cervantes Attention: Chad Kennedy, P.L.A, CPSI, Project Manager LEED AP BD+C, 2600 Fresno Street, Room 4016 Principal-in-Charge Fresno, CA 93721 1165 Scenic Drive, Suite A Telephone No. 559-621-8687 Modesto, CA 95350 Telephone No. 209-571-1765 E-mail: ckennedy@odellengineering.com Attachment: Exhibit A—Additional Scope of Services 2 DocuSign Envelope ID: 10CDA067-7B90-4543-B4A8-1336562B99FB Exhibit A ADDITIONAL SCOPE OF SERVICES Consultant Service Second Amendment to Agreement between City of Fresno (City) and O'Dell Engineering, Inc., (Consultant) Milburn Overlook Redesign and Construction SCOPE OF WORK Additional Scope of Services includes but is not limited to: providing renderings and additional community outreach presentation materials of the proposed improvements for the Project. SCHEMATIC DESIGN PHASE 1. The CONSULTANT shall prepare eight (8) photorealistic renderings for CITY review and comment(s). These renderings shall include, but are not limited to, the following: landscape improvements, lighting improvements, shade structure and trellis, and other site amenities for the Project. COMPENSATION Compensation for all services described above will be based on a percentage of the construction costs. Fees will be billed monthly in accordance with work completed. Second Amendment Compensation Part 1: Schematic Design (100%) $7,000.00 TOTAL PROFESSIONAL SERVICES FEE $7,000.00 First Amendment Compensation Part 1: Schematic Design (14%) $910.00 Part 2: Design Development (40%) $2,600.00 Part 3: Construction Document Phase (46%) $2,990.00 TOTAL PROFESSIONAL SERVICES FEE $6,500.00 3 DocuSign Envelope ID: 10CDA067-7B90-4543-B4A8-1336562B99FB Original Contract Amount Part 1: Schematic Design (40%) $37,560.00 Part 2: Design Development (10%) $9,390.00 Part 3: Construction Document Phase (35%) $32,865.00 Part 4: Bid Support Phase (5%) $4,695,.00 Part 5: Construction and Contract Administration Phase 10% $9,390.00 TOTAL PROFESSIONAL SERVICES FEE $93,900.00 Total Amended Contract Amount: $107,400.00 SCHEDLUE Time allotted for each phase is summarized below. Part 1: Schematic Design No additional duration required Part 2: Design Development No additional duration required Part 3: Construction Document Phase No additional duration required 4