1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ___________ 20__, 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:
1. 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.
3 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.
4 • 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
$2,560.00
$4,600.00
$3,450.00
$11,250.00
TOTAL PROFESSIONAL SERVICES FEE $21,860.00
First Amendment Compensation
Expedited electrical design for PG&E
Landscape maintenance plan
Additional field support
Reimbursables
$38,000.00
$9,450.00
$1,750.00
$750.00
TOTAL PROFESSIONAL SERVICES FEE $49,950.00
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
$165,525.60
$137,938.00
$117,247.30
$41,381.40
$227,597.70
TOTAL PROFESSIONAL SERVICES FEE $689,690.00
Total Amended Contract Amount: $761,500.00
Schedule
Time allotted for each phase is summarized below.
5 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