HomeMy WebLinkAboutAgreement A-22-089 with DLR Group Inc..pdf1
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AMENDMENT NO. 2 TO AGREEMENT FOR ARCHITECTURAL SERVICES
THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment) is made and entered into
this _______ day of _________________, 2022, by and between the County of Fresno
(COUNTY) and DLR Group, Inc. (CONSULTANT), and shall be effective retroactively as of
December 31, 2021 (“Effective Date”).
Recitals:
WHEREAS, the COUNTY and CONSULTANT entered into an Agreement dated
November 4, 2014, identified as Agreement No. 14-686 (hereinafter “the Original Agreement”),
for CONSULTANT to provide architectural services for the West Annex Jail project (WAJ); and
WHEREAS, the Original Agreement provided for a maximum compensation amount of
$7,326,400, with $5,924,000 of that amount allocated to Basic Fee Services, and $1,402,400
allocated to Extra Services; and
WHEREAS, the parties subsequently entered into a retroactive Agreement identified as
Agreement No. 20-086, which was dated February 25, 2020 and was effective retroactively to
December 31, 2019; and
WHEREAS, Agreement No. 20-086 (hereinafter “the Agreement”) incorporated by
reference all provisions set forth in the Original Agreement, which was attached thereto as
Exhibit A; and
WHEREAS, the purpose of the Agreement was to serve as the successor to the
expired Original Agreement and thereby, in effect, extend the durational term of the contractual
relationship that had been stated therein, retroactively from December 31, 2019 through
December 31, 2020, with an option for a further extension through December 31, 2021; and
WHEREAS, the Agreement was amended on September 1, 2020 (Amendment No. 1),
to increase the maximum Extra Services and Total Fee amounts payable to CONSULTANT by
$247,000, thereby increasing the maximum Extra Services amount to $1,649,807, and the
maximum Total Fee amount to $7,573,807; and
WHEREAS, the term of the Agreement subsequently was extended for the additional
optional year, through and including December 31, 2021; and
8th March
Agreement No. 22-089
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WHEREAS, this Amendment No. 2 to the Agreement will be effective retroactively as of
December 31, 2021, and will provide for a further extension of the term of the Agreement
through and including December 31, 2022, and also will provide for an additional increase of
$181,528 to the maximum Extra Services and Total Fee amounts payable to CONSULTANT,
which will increase the maximum amount payable to CONSULTANT for Extra Services to
$1,831,335, and will increase the maximum Total Fee amount payable to CONSULTANT to
$7,755,335; and
WHEREAS, the increase is required in order to provide adequate compensation to
CONSULTANT to provide construction administration staff for an additional potential 12-month
extension of the construction observation schedule, and through the project completion phase.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1.A true and correct copy of the Agreement, including Exhibit A thereto (the
Original Agreement) is attached hereto as Exhibit 1 and incorporated by this reference as
though fully set forth herein, and together with the terms and conditions set forth herein shall,
from and after the Effective Date of this Amendment No. 2, constitute the entire agreement and
understanding between CONSULTANT and COUNTY concerning the subject matter hereof.
2.Exhibit A to County Agreement No. 20-086, Article V, Section A, page twenty-
four (24), lines three (3) through five (5) is hereby deleted in its entirety and replaced with the
following paragraph:
“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 $7,755,335.”
3.Exhibit A to County Agreement No. 20-086, Article V, Section C, Paragraph 1, at
page twenty-five (25), lines eight (8) through twelve (12), is hereby deleted in its entirety and
replaced with the following paragraph:
“There will be an additional maximum allocation of $1,831,335 to pay for authorized
Extra Services. Payment of Extra Services in excess of $1,831,335 is unauthorized and can
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only be made pursuant to a written amendment to this Agreement. 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 $7,755,335 is not exceeded.”
4.Exhibit A to County Agreement No. 20-086, Article XXII (“TIME OF
COMPLETION)” Section C, at page 44, lines 5 through 8, is hereby deleted in its entirety and
replaced with the following sentence:
“CONSULTANT shall complete all services required under this Agreement prior to its
expiration, and the term of this Agreement is hereby extended and shall continue in full force
and effect through December 31, 2022, at which time it shall expire, unless it is further
extended, in writing, by the Director of the Department of Public Works and Planning or his/her
designee, for one (1) additional year, upon the same terms and conditions as set forth herein,
or it is terminated earlier in accordance with the provisions of Article XXIII.”
5.The Agreement, as previously amended and as amended by this Amendment
No. 2, is ratified and continued. All provisions of the Agreement as previously amended, and
not amended by this Amendment No. 2, shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
1 The parties are executing this Amendment No. 2 on the date set forth in the introductory
2 clause.
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CONSULTANT
FOR ACCOUNTING USE ONLY
ORGNo
Account No.
Fund No.
Subclass No.
Program No.
8845,8846
8150
0400
10045, 10046
91157,91158
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COUNTY OF FRESNO
Brian Pacheco, 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 ~&/?1~
Deputy
20-0163Agreement No. 20-08625thFeb.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONSULTANT
fl ,.
BY :
Darrell Stelling, Principal
DLR Group, Inc.
1050 20th Street, Suite 250
Sacramento, CA 95811
FOR ACCOUNTING USE ONLY:
ORGNo 43601150,8845,8847
Account No. 7295, 8150
Fund No. 0001,0400
Subclass No. 10000, 11000
COUNTY OF FRESNO
~4.-l -j---~
Ernest Buddy Mendes, 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 ~ G ~t5
Deputy