HomeMy WebLinkAboutO'Dell Engineering Inc, - 1st Amendment to Agreement dated 05.03.23 - Milburn Overlook Redesign and Construction - 08.24.23FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this Zyth day of 20z.3, 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, Consultant has completed Part One of the Agreement; and
WHEREAS, City and Consultant now desire to modify the scope of work therein
by requiring additional services; and
WHEREAS, by entry into this 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 732 calendar days 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 Six Thousand
Five Hundred dollars ($6,500.00).
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
Consultant as described in. Attachment 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,
a California municipal corporation
By:
RANDALL W. MORRISON, PE
Assistant Director
Public Works Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attomey/�
By:
4=6
Rhoan
ity Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
y Deputy Date
$12,1123
Addresses:
CITY:
City of Fresno
Attention: Armando Cervantes
Engineer 1
2600 Fresno Street, Room 4016
Fresno, CA 93721
Telephone No. 559-621-8687
O'DELL ENGINEERING INC.,
a California Corporatio
By: a r
Name: 'NLAM CO,*tifD
Title
R4-. - I o6*- '
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name: &6&ojj 1E-v !
Title
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
n p,�QJ?x .peY����ua0w CM.FAPNLISAI.
FRANC ISM
Francisco V. Magos II, PE, MBA, QSD
Site Development Manager
Public Works Department
CONSULTANT:
O'Dell Engineering Inc.,
Attention: Chad Kennedy, P.L.A, CPSI,
LEED AP BD+C,
Principal -in -Charge
1165 Scenic Drive, Suite A
Modesto, CA 95350
Telephone No. (209) 571-1765
E-mail:
ckennedy@odellengineering.com
Attachment. Exhibit A - Additional Scope of Services
3
Exhibit A
ADDITIONAL SCOPE OF SERVICES
Consultant Service First 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 landscape
architectural design and engineering services for incorporation of an on -street accessible
parking stall with necessary signage and striping, and accessibility from parking stall to
project location.
CONCEPTUAL DESIGN ALTERNATIVES PHASE
1. The CONSULTANT shall prepare two conceptual design alternatives for CITY
review and comment. -These design alternatives will include the following:
a. Refinement of CITY provided parallel parking stall design at existing
driveway approach location.
b. Refinement of CITY provided access ramp from access isle at parking stall
to CITY sidewalk.
DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASE
1. Following approval of the refined conceptual design alternative, the
CONSULTANT shall incorporate the additional scope of work associated with this
amendment into the final on -site improvements plans for CITY approval.
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.
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
4
Original Contract Amount
Part 1: Schematic Design (40%)
Part 2: Design Development (10%)
Part 3: Construction Document Phase (35%)
Part 4: Bid Support Phase (5%)
Part 5: Construction and Contract Administration Phase f 10%
TOTAL PROFESSIONAL SERVICES FEE
Total Amended Contract Amount:
SCHEDLUE
Time allotted for each phase is summarized below.
Part 1: Schematic Design
Part 2: Design Development
Part 3: Construction Document Phase
$37,560.00
$9,390.00
$32,865.00
$4,695,.00
$9,390.00
$93,900.00
$100,400.00
No additional
duration required
No additional
duration required
No additional
duration required