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FIRST AMENDMENT TO AGREEMENT
THIS FIRST 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 MICHAEL K. NUNLEY & ASSOCIATES, INC, a California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement dated March 28, 2022, (Agreement) to provide professional engineering services for the Southwest Recycled Water System Storage Tank and Booster Pump Station (Project), for a total fee not to exceed $562,316 paid on a time and materials basis, and a contingency amount of $56,000 for any additional work; and
WHEREAS, Consultant has completed the design development portion of the Agreement; and
WHEREAS, additional work not to exceed the amount of $49,353 was authorized under contingency for a revised total fee not to exceed $611 ,669, and a remaining contingency amount of $6,647; and
WHEREAS, the City and the Consultant now desire to enter into this First Amendment to modify the scope of services for Task 3 of the original agreement to include relocating some of the site amenities to the south side of the Franklin Avenue right -of- way and increase monetary consideration in the amount of $12,710 for a total fee not to exceed $624,379; and a remaining contingency amount of $6,647; and
WHEREAS, with entry into this Agreement, the Consultant agrees that the Consultant has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. C onsultant shall provide additional services as described in Attachment A, attached hereto and incorporated herein by reference. Such additional services shall be completed within 30 days following execution of this Amendment by both parties.
2. The monetary consideration shall increase in the amount of $12,710, increasing the total contract amount including contingency to $631,026.
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 2 307719v1
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 C ity and Consultant, dated March 28, 2022, remains in full force and effect.
[Signatures follow on the next page.]
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Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service First Amendment to Agreement between City of Fresno (City) and MKN & Associates, Inc. (Consultant)
Southwest Recycled Water System Storage Tank and Booster Pump Station
Additional Scope of Services are required to relocate the transformer and antenna outside the Franklin Avenue right-of-way. These modifications will necessitate updates to five civil plan sheets, one structural plan sheet, three mechanical plan sheets, revis ed detail sheets, and adjustments to the electrical plan set. The Consultant will deliver the 90% revised plans accordingly.
Task 3: Construction Documents
Consultant shall prepare a revised set of 90% construction plans to include the additional scope of services outlined in this amendment and addressed in the original 90% plan check comments by the City. Consultant will resubmit the revised 90% plans, technical specifications, and engineer’s estimates (PS&E) for final review by the City.
Following receipt of final comments from the revised 90% PS&E review, Consultant will prepare the Final PS&E for bidding. This will include the following:
• 2 full -size 24X36 hard copies of the plans, 2 bound copies of the technical specifications, and electronic .pdf of the 90% PS&E
• One Microsoft Word file of the specifications and one Microsoft Excel file of the engineer’s estimate of probable construction cost
• Final PS&E (two full- size hard copied of the plans & specification, one full size Vellum copy and electronic .pdf copy
Compensation
The compensation for the additional services, as described above, shall be paid on a time and material basis not to exceed the schedule of fees contained below. Fees will be billed monthly in accordance with phase work completed.
First Amendment Compensation
Task 3: Construction Documents $12,710 TOTAL PROFESSIONAL SERVICES FEE $12,710
Original Contract Amount
Part 1: Schematic Design Phase (43.45%) $244,326.30 Part 2: Design Development Phase (17.57%) $98,798.92 Part 3: Construction Document Phase (16.80%) $94,469.09 Part 4: Bidding Phase (3.18%) $17,881.65 Part 5: Construction Phase and General Construction Contract 5 307719v1
Administration (19.00%) $106,840.04 Contingency $ 49,353.00
TOTAL ORIGINAL PROFESSIONAL FEE $ 611,669.00
_____________________________________________________________________ Total Amended Contract Amount $ 624,379.00
With a remaining contingency of $6,647
SCHEDULE
Time allotted for Construction Document Phase is summarized below.
Task 3: Construction Documents 110 days