HomeMy WebLinkAboutP-18-062-I AMENDMENT.pdf ?-Ig-oba-Z
FIRST AMENDMENT TO CONSULTANT AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT("First Amendment") is made this
(Q day of U_, 2022, by and between the COUNTY OF FRESNO, a political
subdivision of the State of California, hereinafter referred to as the "County," and Rincon
Consultants, Inc., a California Corporation, hereafter referred to as the "Consultant."
WITNESSETH:
WHEREAS, County and Consultant previously entered into an Agreement dated the 26t"
of February 2018,under which the Consultant agreed to perform the work necessary to complete
an Environmental Impact Report ("EIR") and be reimbursed by the County for services
performed as part of an application for certain discretionary land use approvals, as identified in
the Agreement; and
WHEREAS, County and Consultant now desire to amend the Agreement to increase the
amount available to fund Extra Service requests in order to authorize the performance of tasks
which are determined to be outside the Scope of Work (Exhibit B of the County/Consultant
Contract).
NOW, THEREFORE, based on the foregoing and in consideration of their mutual
promises as set forth herein, the parties agree to amend the above-referenced Agreement as
follows:
Section 4 Compensation, Section D beginning on page 9, line 16 and ending on page 9,
line 22, is hereby deleted and replaced in its entirety to read as follows:
"(2.)The Extra Services which may be authorized are limited to those subjects
set forth in Exhibit "D", a copy of which is attached hereto and incorporated
herein by reference. The Consultant shall not perform any Extra Services
without prior written authorization from the Director. The total charge for all
such Extra Services shall not exceed the sum of Seventy Two Thousand Four
Hundred and Forty Three Dollars, ($72,443.00) approximately 36% of the total
amount of the basic fee."
County and Consultant agree that this First Amendment is sufficient to amend the
Agreement and that upon full execution of this First Amendment, the Agreement, and this Fast
Amendment shall be considered and shall constitute the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
conditions, mutual covenants, and promises set forth in the Agreement shall remain in full force
and effect, expect as hereinabove amended.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
CONSULTANT: COUNTY OF FRESNO
RINCON CONSULTANTS, INC. REVIEWED AND RECO LADED
FOR APPROVAL
By d By
Richard Daulton Steven E. Wfiite, Director
Principal/Vice President Department of Public Works and Planning
Co Inter Office Memo
0 1856 0
DATE: May 16, 2022
TO: Bernard Jimenez, Planning and Resource Management Officer
FROM: Will Kettler, Development Services and Capital Projects Manage AC
SUBJECT: Acceptance of Contract Deliverables—Authorization for Payment
Consultant Agreement P-18-462-1 & First Amendment to
CONTRACT/AGREEMENT: Consultant Agreement
PROJECT: Scarlet (Recurrent Energy) Solar Project (EIR 7230)
INVOICE NO. 35352
DELIVERABLE/AMOUNT: $76,854.00
ACTIVITY CODE: 2350
PROJECT NO.: Z7230C
ORGANIZATION NO.: 43600200
MEMO CODE: 148
ACCOUNT NO. 7295
PRINCIPAL PLANNER: Chris Motta
SENIOR PLANNER: David Randall
PROJECT PLANNER: Elaz Ahmad
Should you have any questions please contact David Randall at 0-4052.
ER
G\4360Devs&Pln\PROJSEC\PROJDOCS\Environmental\EIR-EIS\. 7230 Scarlet(Recurrent Energy)EIR\Payment and Invoices\Contract Deliverable III-VII Final Payment to
Consultant\Invoice 35352\Invoice 35352-IOM Acceptance of Consultant-Amend docx
co
Inter Office Memo
O 1856 O
FRESt�'
DATE: May 16, 2022
TO: Steve White, PE, PLS, Director
FROM: *- Will Kettler, Development Services and Capital Projects Division r-11
Subject: Contract Amendment for Scarlet Solar EIR #7230
The Scarlet Solar project is being processed through Unclassified Conditional Use Permit
Application No. 3555 and has been assigned EIR No. 7230. Contract No. P-18-062-1 with
Rincon Consultants Inc. was originally entered into on February 26, 2018, to prepare the
required environmental documents. That process was been completed and the Planning
Commission certified the EIR and approved the CUP for the Project. However, in
processing the last billings, which are also attached for your approval, it was discovered
that the previously approved change orders exceeded the amount allowed in the contract.
Hence, it is necessary to amend the contract in order to process the last payment. I would
note that we have made modifications to improve our EIR control tracking. A print of the
spreadsheet for the scarlet EIR Contract Fund is also enclosed as an example.
Attached for your signature is the Consultant Agreement with Rincon. The documents have
been reviewed by County Counsel and the Applicant had previously provided the required
funds for the agreed upon extra work. Also attached is the request for authorization of the
final payment.
If you have any questions, please call me at 600-4233 or David Randall at 600-4052.
G:\4360Devs&Ptn\PROJSEC\PROJDOCS\Environmental\EIR-EIS\. 7230 Scarlet(Recurrent Energy)EIR\Agreements\EIR
Prep\Contract Amendments\IOM EIR Request for Directors Signature signatures Contract Amendment 5.16.22.docx