1 539872v1
DESIGN-BUILD CONTRACT
AMENDMENT NO. 1
THIS CONTRACT AMENDMENT NO. 1 (Amendment No. 1) is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and BOMEL CONSTRUCTION COMPANY INC., a California Corporation (Design-Build Entity), as follows:
RECITALS
WHEREAS, Council approved Phase 1 of the Design-Build Contract (Agreement) on June 12, 2025, for specified Design-Build Design phase services, including all sub- consultant, subcontractor, and reimbursable costs for the North Fulton Parking Structure Project at the proposed parcels 46620650T and 46620651T (Project); and
WHEREAS, the approved project design scope was limited to that of a 234-stall parking structure; and
WHEREAS, additional grant funding has been awarded, enabling the parking structure to increase in size from 234 stalls to 600 or more; and WHEREAS, the Agreement and any amendments will be administered for the City by its Capital Projects Department Director (Director) or designee.
AGREEMENT
NOW THEREFORE, the parties agree that the Agreement be amended as follows:
1. Price. The Agreement’s price will increase by an amount not to exceed $341,890.00, for a total revised contract value not to exceed $1,954,659, and increase Owner contingency by an amount not to exceed $35,000, for a total revised Owner contingency amount not to exceed $195,000 as set forth in Exhibit 1. Design-Builder promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of the City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents.
2. The DBIA Design Build Agreement (DBIA Agreement), as modified, contains additional terms and conditions related to this Agreement. In the event of a conflict between this Amendment and the Agreement, this Amendment shall take precedence. However, in the event of conflict between the Agreement and the DBIA Agreement, the Agreement shall take precedence.
IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by the City shall be subsequent to that of the Design-Builder’s, and this Agreement shall be binding and effective upon execution by both parties.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
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2 539872v1
CITY OF FRESNO,
A California municipal corporation
By: ______________________________
FRANCISCO V. MAGOS II, PE, MBA,
QSD
Assistant Director
Capital Projects Department
Dated: ____________________________
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: ______________________________
Brandon M. Collet Date
Chief Assistant City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By: ______________________________
Date
Deputy
BOMEL CONSTRUCTION COMPANY
INC.,
a California Corporation
By: ______________________________
Name: ____________________________
Title: _____________________________
(If corporation or LLC., Board Chair, Pres. or
Vice Pres.)
By: ______________________________
Name: ___________________________
Title: ____________________________
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Sarah Lambeth
Senior Management Analyst
Capital Projects Department
__________________________________
Addresses:
CITY:
City of Fresno
Attention: Daniel Carrion
Licensed Professional Engineer
747 R Street, 2nd Floor
Fresno, CA 93721
Phone: (559) 621-8871
E-mail:
[email protected]
DESIGN-BUILDER:
BOMEL CONSTRUCTION COMPANY
INC. Inc.
Attention: Kent Matranga, President
96 Corporate Park,
Irvine, CA 92606
Phone: (714) 921-1660
E-mail:
Attachments:
Exhibit 1 – Pricing by Stall Count
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Option 1 Option 3
Stall Count 234 600+ Change Order
Item Description
1 DESIGN - ARCHITECTUAL $21,540 $33,960 $12,420
2 DESIGN - STRUCTURAL $3,143 $4,853 $1,710
3 DESIGN - SOILS & OBSERVATION $27,200 $27,200 $0
4 DESIGN - CIVIL ENGINEERING ON & OFFSITE $81,700 $81,700 $0 5 DESIGN - LANDSCAPE $35,576 $35,576 $0
6 DESIGN - UTILITY COORDINATION/PG&E RELOCATION $42,951 $42,951 $0 7 DESIGN - MECHANICAL/FIRE
PROTECTION/PLUMBING/ELECTRICAL
$2,074 $3,060 $986
8 SURVEY/GPR/POTHOLE INVESTIGATION $30,000 $30,000 $0
TASK 01 - SITE ASSESSMENT TOTAL $244,184 $259,300 $15,116 Item Description
1 DESIGN - ARCHITECTUAL $17,950 $28,300 $10,350
2 DESIGN - STRUCTURAL $3,143 $4,853 $1,710
3 DESIGN - SOILS & OBSERVATION $0
4 DESIGN - CIVIL ENGINEERING ON & OFFSITE $68,800 $68,800 $0 5 DESIGN - LANDSCAPE $32,076 $32,076 $0
6 DESIGN - UTILITY COORDINATION/PG&E RELOCATION $0
7 DESIGN - MECHANICAL/FIRE
PROTECTION/PLUMBING/ELECTRICAL
$1,037 $1,530 $493
TASK 02 - PRELIMINARY MASTER SITE PLAN TOTAL $123,006 $135,559 $12,553 Item Description
1 DESIGN - ARCHITECTUAL $319,510 $503,740 $184,230
2 DESIGN - STRUCTURAL $98,465 $152,045 $53,580
3 DESIGN - SOILS & OBSERVATION $0
4 DESIGN - CIVIL ENGINEERING ON & OFFSITE $279,500 $279,500 $0 5 DESIGN - LANDSCAPE $51,084 $51,084 $0
6 DESIGN - UTILITY COORDINATION/PG&E RELOCATION $70,079 $70,079 $0 7 DESIGN - MECHANICAL/FIRE
PROTECTION/PLUMBING/ELECTRICAL
$100,589 $148,410 $47,821
8 BUILDING PERMITS/FEES--ALLOWANCE $30,000 $30,000 $0
TASK 03 - PLAN DEVELOPMENT TOTAL $949,227 $1,234,858 $285,631 Item Description
1 SUPERVISOR/SCHEDULING/ENGINEERING & DETAILING $10,250 $10,250 $0 2 PROJECT ESTIMATOR $5,500 $5,500 $0
3 DESIGN MANAGER $7,500 $7,500 $0
4 PROJECT ENGINEER/COORDINATOR $6,000 $6,000 $0
5 BIM MODELING/COORDINATION $2,500 $2,500 $0
6 PROJECT EXECUTIVE $2,500 $2,500 $0
7 GENERAL REQUIREMENTS TASK 04 $13,000 $13,000 $0
TASK 04 - PROPOSED DESIGN AND COST ASSESSMENT $47,250 $47,250 $0 Item Description
1 PROJECT ESTIMATOR $16,400 $16,400 $0
2 DESIGN MANAGER $21,608 $21,608 $0
3 PROJECT ENGINEER/COORDINATOR $19,712 $19,712 $0
4 BIM MODELING/COORDINATION $17,900 $17,900 $0
5 PROJECT EXECUTIVE $13,940 $13,940 $0
6 GENERAL REQUIREMENTS TASK 05 $52,628 $58,552 $5,924
TASK 05 - PROJECT MANAGEMENT $142,188 $148,112 $5,924
$1,505,853 $1,825,078 $319,225
$30,117 $36,502 $6,384
$76,799 $93,079 $16,280
$1,612,769 $1,954,659 $341,890
Contingency $160,000 $195,000
Subtotals
(Bomel) 2% Contigency
(Bomel) 5% Overhead and Profit
Total
TASK 05 - PROJECT MANAGEMENT
TASK 03 - PLAN DEVELOPMENT
TASK 01 - SITE ASSESSMENT
TASK 02 - PRELIMINARY MASTER SITE PLAN
TASK 04 - PROPOSED DESIGN AND COST ASSESSMENT
Exhibit 1 - Pricing by Stall Count
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