FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
[City of Orange Corporation Yard Renovations – SP-4163]
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation ( “City”), and GILLIS & PANICHAPAN ARCHITECTS, INCORPORATED, a California corporation (“contractor”), with reference to the following:
A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7156) dated as of April 13, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services and increasing the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.
Section 3 Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FORTY-NINE THOUSAND FIVE HUNDRED SIXTY-FIVE DOLLARS and 00/100 ($49,565.00) and Section
2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED TWENTY -FOUR THOUSAND FIVE HUNDRED SIXTY-FIVE DOLLARS and 00/100 ($324,565.00) without the prior written authorization of City.”
Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall
2 remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
GRILLIS & PANICHAPAN ARCHITECTS, CITY OF ORANGE, a municipal corporation INCORPORATED, a California corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
September 21, 2022
Alan Truong, PE
City of Orange
Deputy Public Works Director
Subject: Public Works Maintenance Yard: City requested Updates and Revisions to the Bid Set
Alan,
The following is our scope and proposal for the city requested updates and revisions to the current City of Orange Public Works Maintenance Yard Bid set.
A. PROJECT UNDERSTANDING
The proposed changes for the bid set are as follow:
1. Revise the demo plans
2. Construct the material bin CMU wall and roof
3. Construct all the perimeter walls and add the north property chain link fence to CMU
4. Construct new entrance gate
5. Construct all underground such as electrical, storm, water (minus the hydrant laterals), sewer, bio clean to comply with the NPDES
6. Rescope and reduce the area for Asphalt and concrete pavement –to make sure it drains properly
7. Relocate the wash bin base on the new layout
8. Construct lighting per the revise plans
9. Striping
10. Landscaping per plans
Delete the following form the Bid Set:
1. Transfer station
2. All prefab buildings
Key to the Bid Set Changes include:
We will move the Vehicle Wash to the East side of the Property. We will create Two phases of work for construction.
The City stated that the revisions will not need to officially go back through the Building Dept. for Plan Check review. It will need to go through City engineering for WQMP for Civil’s portion of work.
B. SCOPE OF WORK SUMMARY
Architectural Coordination and Revisions to the Bid Set drawings to reflect the updated changes.
Civil Engineer Revised on the design updates and modifications (See attached consultant request for additional services)
Electrical Engineer Revised on the design updates and modifications (See attached consultant request for additional services)
2900 bristol street G-205| costa mesa, california 92626 | P. 714.668.4260 F. 714.668.4265 | www.gparchitects.org
C. CONSULTANTS
We are working with the following consultants:
Civil Engineering Team:
IDS Group
Electrical Engineering Team:
H2S Engineers
C. COMPENSATION
We propose to furnish these services not to exceed:
$43,100 (Forty-Three Thousand One Hundred Dollars)
Please see attached consultant proposal. Additional services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We have tailored our scope and subsequent fee proposal to accommodate the scope of work, realizing that there is latitude in both parameters to be discussed during the contract negotiation
Sincerely,
Jack Panichapan, AIA, LEED AP, President, CEO
Gillis + Panichapan Architects, Inc.
FEE EXHIBIT
9/20/2022
Design Revisions to the Bid Set
a Architectural Coordination and Revisions to the Bid Set drawings to reflect the updated changes 2 8 16 12 12 $6,710 Task Total: 2 8 16 12 12 $6,710
Architectural $6,710
Hours: 2 8 16 12 12 50
Hourly rates $195 $175 $150 $105 $105 total hours
TOTAL ARCHITECTURAL
ENGINEERING CONSULTANTS
Civil Engineering (see attached proposal)
Electrical Engineering (see attached proposal)
Consultant Sub-total
Coordination and Management
Engineering Consultant Grand Total
Reimbursibles*
GRAND TOTAL: Architecture and Engineering Total (All Tasks) $4,702
ARCHITECT
Designer
$31,344
*Reimbursibles: Covers costs for specialty printing, delivery fees, and travel. City Business License fees (if required for the entire A& E Team) This reimbursable allowance covers fees beyond general B&W printing fees on standard ledger or tabloid size paper. Government fees, delivery costs (such as United Parcel Service charges), and the costs of special sized prints/ reproductions are not included in our fee. These items are "reimbursable" items and will be shown separately on our invoice with a 10% coordination fee.
City of Orange Corporate Yard Renovation
Principal
Project Dir.
Project Arch
$43,100
$344
$36,046
Job Captain
Design Revisions to the Bid Set
$1,500
$6,710
$29,844
ARCHITECT