HomeMy WebLinkAboutAgreement A-14-736-1 with Kitchell CEM Inc..pdf1
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (First Amendment) is made and entered
into this _______ day of _________________, 2020, by and between the County of Fresno
(OWNER or COUNTY) and Kitchell Capital Expenditure Managers, Inc. (CONSULTANT).
W I T N E S S E T H:
WHEREAS, the COUNTY and CONSULTANT entered into an Agreement dated
December 16, 2014 identified as Agreement No. 14-736, incorporated herein by reference (the
Agreement), for CONSULTANT to provide construction management services for the West
Annex Jail project; and
WHEREAS, the Agreement provided for a maximum compensation amount of
$4,800,247, with $3,723,852 of that amount allocated to Basic Fee Services, and $1,076,395
allocated to Extra Services; and
WHEREAS, OWNER and CONSULTANT now desire to increase the maximum Extra
Services allocation payable under the Agreement by an additional $579,739; and
WHEREAS, the increase is required in order to provide adequate compensation to
CONSULTANT to provide construction management staff for an additional 29 week extension
of the construction schedule and anticipated project completion date contemplated by the
parties at the time the Agreement was entered into by CONSULTANT; and
WHEREAS, approval of this First Amendment will increase the maximum amount
payable to CONSULTANT for Extra Services to $1,656,134, and will increase the maximum
Total Fee amount payable to CONSULTANT to $5,379,986; and
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1.That existing County Agreement No. 14-736, Article IV, Section A, Page twenty-
three (23), Lines twenty-one (21) through twenty-three (23) is hereby deleted in its entirety and
replaced with the following paragraph:
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20-0731 Agreement No. 14-736-1
4th August
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“Notwithstanding any other provision in this Agreement, the Total Fee (Basic Fee and
Extra Services Allocation) for the services required under this Agreement shall not exceed a
total amount of $5,379,986.”
2. That existing County Agreement No. 14-736, Article IV, Section C, Page twenty-
four (24), Line twenty-four (24) beginning with the word “There” and ending on Page twenty-five
(25), Line three (3) with the word “exceeded” is hereby deleted in its entirety and replaced with
the following paragraph:
“There will be an additional maximum allocation of $1,656,134 to pay for authorized
Extra Services. Payment of Extra Services in excess of $1,656,134 is unauthorized and can
only be made pursuant to a prior written amendment to this Agreement when the cumulative
total of the Basic Fee and Extra Services allocation would thereby be exceeded. The COUNTY
Representative shall have the discretion to adjust in writing the Basic Fee and Extra Services
limits as long as the total Agreement amount of $5,379,986 is not exceeded”.
All other terms, conditions, mutual covenants, and promises contained in the
Agreement, shall remain in full force and effect, except as hereinabove amended by this First
Amendment. COUNTY and CONTRACTOR agree that this First Amendment is sufficient to
amend the Agreement and that upon execution of this First Amendment, the Agreement and
this First Amendment shall together be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement, and not amended herein,
shall remain in full force and effect.
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EXECUTED AND EFFECTIVE as of the date fi rst above set forth .
CONSULTANT
Wen y Cohen ,
Kitchell Capital xpenditure Managers , Inc .
2450 Venture Oaks Dr., Suite 500
Sacramento , CA 95833
FOR ACCOUNTING USE ONLY
ORG No .
Account No .
Fund No .
Subclass No .
43601150 , 8845 , 8846 , 8847
7295 , 8150
0001 , 0400
10000, 11000
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COUNTY OF FRESNO
~4,~.2,... h_
Ernest Buddy Me ; 7, Chairman of
the Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By dJi.,~
Deputy