HomeMy WebLinkAboutAgreement A-18-373-2 for Architectural Consulting Services.pdf-1-
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT, (“Third Amendment”) is made and entered into this 22nd
day of June, 2021 (“Effective Date”), by and between the County of Fresno, a political subdivision of the
state of California, ("COUNTY"), and each consultant (each a “CONSULTANT” and collectively the
“CONSULTANTS”) listed in Attachment A, which is attached and incorporated by reference, and such
additional CONSULTANTS as may, from time to time during the term of this Agreement, be added by
COUNTY.
WITNESSETH:
WHEREAS, COUNTY and CONSULTANTS entered into Purchasing Agreement No. P-16-424-S,
dated July 8, 2016, (“Agreement”), pursuant to which COUNTY contracted with multiple CONSULTANT
architects to assist the COUNTY’s Internal Services Department, Facility Services Division in completing
various projects, and to provide advanced planning for future projects;
WHEREAS, COUNTY and CONSULTANTS entered into First Amendment No. 18-373, dated July
10, 2018, (“First Amendment”) in which Purchasing Agreement No. P-16-424-S was converted into a Board
agreement, as the maximum amount allowable for services exceeded the Purchasing Manager’s authority
of $100,000 at that time, and the maximum compensation was increased to $500,000 to address a need for
increased services;
WHEREAS, COUNTY and CONSULTANTS entered into Second Amendment No. 18-373-1, dated
April 23, 2019 (“Second Amendment”), in which COUNTY again amended the Agreement to accommodate
a need for increased services, and the compensation was increased to $1,100,000 accordingly; and,
WHEREAS, COUNTY and CONSULTANTS now desire to further amend the Agreement to
accommodate an even higher volume of needed services, and to further increase the maximum
compensation payable hereunder.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, COUNTY and CONSULTANTS agree to further amend the Agreement as follows:
That portion of Section V. COMPENSATION, beginning on page 15, line 18 and ending on page 16,
line 6 of the Agreement, is hereby deleted and replaced with the following:
Agreement No. 18-373-2
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A.“Total Fee:
1.In no event shall the maximum total compensation payable under this Agreement exceed
one million, two hundred thousand dollars ($1,200,000) over the entire potential five-year
term of this Agreement. Fees shall be computed at the hourly and cost rates shown in
Attachment B, and shall not exceed agreed maximums for each phase of a project.
2.The rates listed herein are to remain in effect for the duration of this Agreement. Rates may
be renegotiated annually after the first anniversary from the date of execution of this
Agreement at CONSULTANTS’s request. CONSULTANT’s request for annual rate
adjustments may not exceed the Engineering News Record’s Construction Cost Index or the
California Consumer Price Index, as published by the California Department of Industrial
Relations for the year, whichever is lower.
B.Basic Fee:
1.Within the maximum compensation amount of one million two hundred thousand dollars
($1,200,000) over the entire possible five-year term of the Agreement, the Basic Fee for
each project shall be as mutually agreed to in writing between CONSULTANT and the
Facility Services Division Manager or his/her designated representative.”
COUNTY and CONSULTANTS agree that this Third Amendment is sufficient to amend the
Agreement, and that upon execution of this Third Amendment, the Agreement, together with the First
Amendment, the Second Amendment, and this First Amendment shall be considered “the Agreement, as
amended.”
The Agreement, as amended, is ratified and continued. All provisions, terms, covenants,
conditions, and promises contained in the Agreement, as amended, and not amended herein shall remain
in full force and effect.
The parties agree that this Third Amendment may be executed by electronic signature as provided
in this section. An “electronic signature” means any symbol or process intended by an individual signing this
Third Amendment to represent their signature, including but not limited to (1) a digital signature; (2) a faxed
version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example
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by PDF document) of a handwritten signature. Each electronic signature affixed or attached to this Third
Amendment (1) is deemed equivalent to a valid original handwritten signature of the person signing this
Third Amendment for all purposes, including but not limited to evidentiary proof in any administrative or
judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that
person. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b),
in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section
1633.1). Each party using a digital signature represents that it has undertaken and satisfied the
requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees
that each other party may rely upon that representation. This Third Amendment is not conditioned upon the
parties conducting the transactions under it by electronic means and either party may sign this Third
Amendment with an original handwritten signature.
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EXECUTED AND EFFECTIVE as of the date first above set forth .
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CONSULTANT
See additional signature pages attached
Org No.: 8935
13 Account No.: 7295
Fund: 1045
14 Subciass : 10000
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Steve Bran u, Chairman of the Board
of Supervisors of the County of Fresno
ATTEST:
By s~f&'~' Se~e1 rf • ~-jl~
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Clerk of the Board of Supervisors
County of Fresno , State of California
June 2nd
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By executing this signature page, CONSULTANT becomes a signatory to the Agreement, as
amended, dated _________, 2021, and agrees that it is a party to the Agreement, as amended, with the
COUNTY, and is bound by its terms.
EXECUTED AND EFFECTIVE as of the date first above set forth.
CONSULTANT
Sandra Muratore, sole proprietor of Muratore
Associates
Muratore Associates
5250 N. Sequoia Ave.
Fresno, CA 93711
Justin Muratore, president of Muratore
Associates
Muratore Associates
2697 W Robinwood Ln.
Fresno, CA 93711
1 June
June 2nd
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ATTACHMENT A
PARTICIPATING CONSULTANTS
CONSULTANT NAME ADDRESS *GIVE & RECEIVE NOTICES
Integrated Designs 6011 N. Fresno St., Ste.
130
Fresno, CA 93710
Pete Mogensen
(559) 436-0881
pmogensen@somam.com
Kodama Diseño, Inc 3160 College Avenue
Suite 201
Berkeley, CA 94705
Leslie Kodama
(510) 986-0696
lkodama@kodamadiseno.com
Muratore Associates 2697 W. Robinwood Ln.
Fresno, CA 93711
Justin Muratore
(559)365-6534
justin@muratoreassociates.com
Paul Halajian Architects 389 Clovis Ave.,
Suite 100
Clovis, CA 93612
Paul Halajian
(559) 297-7900
paulh@halajianarch.com
SIM Architects 7790 N. Palm Ave.
Fresno, CA 93711
John Smith
(559) 448-8400
jsmith@sim-pbk.com