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Home My WebLink AboutO'Dell Engineering - Second Amendment to Agreement - 01.11.24SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this kvk-h day of Ami\uar4 20 2.� amends the Agreement entered into between the CITY OF FRESNO, a Califorfiia municipal corporation (City), and O'Dell Engineering, a California corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement dated January 14, 2022. To obtain professional landscape architecture services for the design of plans and general construction contract documents for South Tower Park, San Pablo Park and Ted C Wills Park (Agreement); and WHEREAS, Consultant has completed the Part 1 Schematic Design and Part 2 Design Development portions of the Agreement; and WHEREAS, City and Consultant now desire to modify the scope of work therein by requiring additional services; and WHEREAS, the available existing contingency amount of $15,000 from the original agreement will be utilized to cover the total fee amount of $7,000 for this Amendment. 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 24 calendar days 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 $7,000. 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 January 14, 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: � Nw FRANCISCO V. MAGOS II, PE, MBA, QSD Assistant Director Capital Projects Department APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Christine C. Charitar Date Deputy City Attorney ATTEST: TODD STERMER, CIVIC City Clerk By: F.. I I 1 1 I Deputy+ Addresses: CITY: City of Fresno Attention: L. Nathan Sanchez Projects Administrator 2600 Fresno Street, Room 4016 Fresno, CA 93721 Telephone No. 559-621-8687 O'Dell Engineering, a California Corporation B In Y= Name: 1DYLA4 COAW-F&4-0 Title: �,L is (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: Name: G+l,, nji_�t,-1i Title: 5-'�,z ti r (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEW D BY- L. Nathan Sanche , Proj Administrator Capital Projects Department CONSULTANT: O'Dell Engineering Attention: Chad Kennedy, PLA President 1165 Scenic Drive, Suite A Modesto, CA 95350 Telephone No. (209) 571-1765 FAX: (209) 571-2466 Attachment: Exhibit A — Additional Scope of Services Attachment A ADDITIONAL SCOPE OF SERVICES Consultant Service First Amendment to Agreement between City of Fresno (City) and O'Dell Engineering (Consultant) South Tower Park Additional Scope of Services includes but is not limited to the vacation of existing Right - of -Way at South Tower Park along North Broadway Street. This work includes the development of a Legal Description and preparation of an exhibit to accompany the Legal Description. Scope incudes: Task 1: Existing Right -of -Way Verification • Research and review existing records relating to the property in question and the subject right-of-way. This includes recorded documents, filed survey maps, and records on file in the County Surveyor's office. • Review drawings provided by the City that contain existing boundary/right-of-way information and verify for accuracy and completeness. • This item is conditional on the sufficiency of information provided by others. If the supplied information is incomplete, additional effort may be required to provide subsequent deliverables. Task 2: Land Description Package • Prepare one land description package, including: a written description, a plat (exhibit), and closure report per package. Second Amendment Compensation Existing Right -of -Way Verification $4,000.00 Land Description Package $3,000.00 TOTAL PROFESSIONAL SERVICES FEE $7,000.00 First Amendment Compensation Part 2B: San Pablo Design Development (21 %) $45,027.00 Part 2C: Ted C. Wills Design Development (16%) $35,303.00 Part 313: San Pablo Construction Document (27%) $60,026.00 Part 3C: Ted C. Wills Construction Document (21 %) $46,049.00 Part 4: Bid Phase Assistance (5%) $10,965.00 Part 5: Construction Phase Assistance 10%) $21,930.00 TOTAL PROFESSIONAL SERVICES FEE $219,300.00 Original Contract Amount Part 1: Schematic Design Phase (32%) $55,882.00 Part 2: Design Development Phase (16%) $39,904.00 Part 3: Construction Document Phase (25%) $62,350.00 Part 4: Bidding Phase (2%) $4,988.00 Part 5: Construction Phase 4% $9,976.00 TOTAL PROFESSIONAL SERVICES FEE $173,100.00 Total Amended Contract Amount: $180,100.00 Remaining Contingency: $8,000.00 Schedule Consultant will need approximately 24 calendar days to prepare Legal Description and Exhibit once the Second Amendment is approved, signed, and returned.