HomeMy WebLinkAboutAgreement A-22-552 Amendment I to Agreement with TRC Engineers Inc..pdf 22-1177 Agreement No. 22-552
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement ("Amendment Not") is dated
3 November 29, 2022 and is between TRC Engineers, Inc., a California corporation
4 ("Consultant"), and the County of Fresno, a political subdivision of the State of California
5 ("County").
6 Recitals
7 A. On December 12, 2017, the County and the Contractor entered into a Consultant
8 Agreement, which is County Agreement Number A-17-643 ("Agreement"), for Engineering
9 Consultant Services.
10 B. The Consultant has been selected to prepare Plans, Specifications, Engineer's Estimate,
11 and to provide other engineering services required for the design of the Arroyo Pasajero Bridge
12 Replacement Project on El Dorado Avenue ("Project").
13 C. The Consultant has been selected in accordance with the County's Ordinance Code
14 Chapter 4.10 on the selection of architects, engineers, and other professionals and Chapter 10
15 —Consultant Selection, California Department of Transportation ("Caltrans") Local Assistance
16 Procedures Manual to provide the engineering services necessary for the Project.
17 D. The Agreement has been extended twice in writing and is currently set to expire by its
18 terms on December 12, 2022.
19 E. The Project is not yet complete, and it is in the best interest of the County to retain the
20 services of the Consultant to maintain continuity of the design of the Project.
21 F. The County and the Contractor now desire to amend the Agreement to extend the term
22 of the Agreement and to increase the maximum contract amount by $38,275.00, thereby
23 bringing the total not-to-exceed contract amount to $662,351.00.
24 The parties therefore agree as follows:
25 1. Article IV, Section A of the Agreement located at Page 4, Line 9, is deleted in its entirety
26 and replaced with the following:
27 A. "This Amendment No. 1 to the Agreement shall go into effect immediately as
28 of the date of execution by the County ("Effective Date"). As hereby
1
1 amended, the term of the Agreement is extended by an additional three years
2 and shall expire on December 12, 2025, unless prior to its expiration the term
3 of the Agreement is further extended in writing, for no more than two
4 additional one-year terms, by mutual consent of the Department of Public
5 Works and Planning Director or designee and the Consultant."
6 2. Article V, Section H of the Agreement located at Page 6, Line 1, is deleted in its entirety
7 and replaced with the following:
8 H. "The total amount payable by the County for the work to be performed by the
9 Consultant on the Project hereunder shall not exceed $662,351.00, unless
10 authorized by subsequent contract amendment in accordance with Article
11 Vill."
12 3. A revised schedule for the Project is detailed in Exhibit C-1, attached hereto and
13 incorporated by this reference, and which, commencing upon and continuing after the Effective
14 Date of this Amendment No. 1, shall serve to replace and supersede Exhibit C to the original
15 Agreement.
16 4. An updated fee schedule for the Project is set forth in Exhibit E-1, attached hereto and
17 incorporated by this reference, and which, commencing upon and continuing after the Effective
18 Date of this Amendment No. 1, shall serve to replace and supersede Exhibit E to the original
19 Agreement.
20 5. Once both parties have signed this Amendment No. 1, the Agreement and this
21 Amendment No. 1 shall together constitute the Agreement.
22 6. The Contractor represents and warrants to the County that:
23 a. The Contractor is duly authorized and empowered to sign and perform its obligations
24 under this Amendment.
25 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
26 to do so and his or her signature on this Amendment legally binds the Contractor to
27 the terms of this Amendment.
28
2
1 7. The parties agree that this Amendment may be executed by electronic signature as
2 provided in this section.
3 a. An "electronic signature" means any symbol or process intended by an individual
4 signing this Amendment to represent their signature, including but not limited to(1) a
5 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
6 electronically scanned and transmitted (for example by PDF document) version of an
7 original handwritten signature.
8 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
9 equivalent to a valid original handwritten signature of the person signing this
10 Amendment for all purposes, including but not limited to evidentiary proof in any
11 administrative or judicial proceeding, and (2) has the same force and effect as the
12 valid original handwritten signature of that person.
13 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
14 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
15 2, Title 2.5, beginning with section 1633.1).
16 d. Each party using a digital signature represents that it has undertaken and satisfied
17 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
18 through (5), and agrees that each other party may rely upon that representation.
19 e. This Amendment is not conditioned upon the parties conducting the transactions
20 under it by electronic means and either party may sign this Amendment with an
21 original handwritten signature.
22 8. This Amendment may be signed in counterparts, each of which is an original, and all of
23 which together constitute this Amendment.
24 9. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
25 provisions of the Agreement and not amended by this Amendment No.1 remain in full force and
26 effect.
27 [SIGNATURE PAGE FOLLOWS]
28
3
1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
3
TRC Engineers, Inc. COUNTY OF FRESNO
4
5 AIMk hkl-lail/'
Mark Imbriani(Oct 28,2022 10:04 PO'n
6 Mark Imbriani, P.E. Brian Pacheco, Chairman of the Board of
Vice President Supervisors of the County of Fresno
7
10680 White Rock Road, Suite 100 Attest:
8 Rancho Cordova, CA 95670 Bernice E. Seidel
Clerk of the Board of Supervisors
9 Coun of Fresno, State of California
10
By:
11 Deputy
12 For accounting use only:
13 Org No.: 45104513
Account No.: 7295
14 Fund No.: 0010
Subclass No.: 11000
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EXHIBIT E-1
PAYMENT PROVISIONS
SPECIFIC RATES OF COMPENSATION-BASIC SERVICES
1. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in
CONSULTANT's Rate Schedule attached hereto. The specified hourly rates shall include
direct salary costs,employee benefits,overhead,and fee.
2. In addition,CONSULTANT will be reimbursed for incurred(actual)direct costs other than
salary and subconsultant costs. CONSULTANT will be reimbursed for subconsultant costs at
actual cost.
3. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified
by the COUNTY.
4. Progress payments will be made monthly in arrears based on services provided and actual
costs incurred.
SPECIFIC RATES OF COMPENSATION-SUPPLEMENTAL SERVICES
The basis of payment for the supplemental services provided under this agreement shall be at
the standard hourly rates specified in CONSULTANT's Rate Schedule attached hereto. The
fee shall be negotiated for each individual supplemental service. In addition payment
provisions include those four items listed under Basic Services above.
TOTAL COMPENSATION
The specific rates of compensation are not adjustable until January 1,2024, at which point any
escalation will be made in accordance with the relevant article(s)of the Agreement.
The total amount payable by COUNTY for Basic Services hereunder shall not exceed the sum of
$607,486, unless authorized by an amendment to this Agreement.
For billing purposes work will be segregated between Basic and Supplemental Services. Total
expenditures made under this Agreement for Basic and Supplemental Services combined shall not
exceed the sum of$662,351,without amendment of this Agreement.
TIRC
10680 White Rock Rd. T 916.36P.0632
Suite 100 TRCcom anies.com
Rancho Cordova,CA 95670
November 1, 2022
HOURLY RATE SCHEDULE
2022-2023
LABOR RATES
Personnel Classification Hourly Rate
Principal-In-Charge $ 295.00
Project Manager $ 280.00
Project Engineer/Coordinator $ 220.00
Senior Engineer $ 190.00
Engineer II $ 150.00
Engineer 1 $ 125.00
CADD Supervisor $ 150.00
CADD Technician $ 115.00
Data Processor/Operator $ 85.00
Administrative Assistant $ 85.00
Rates are subject to change annually starting on January 1, 2024, with anticipated increases equivalent
to prevailing inflation at such times.
Similarly titled staff will be billed at equivalent rates (e.g. Senior Scientist, Senior Geologist, Senior
Environmental Planner, etc. will be billed at the hourly rate for a Senior Engineer)
DIRECT EXPENSE UNIT RATES
Mileage: Current IRS Mileage Rate
Per Diem: Current State of CA DPA Rates
Subconsultants: 10% markup
Other direct costs including travel, lodging, telephone, fax, reproduction, and postage will be billed at
actual cost. Rental cars may be used, in which case such charges and fuel would be billed in lieu of
mileage.
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Amendment 17-643-1 with Exhibits
Final Audit Report 2022-10-28
Created: 2022-10-28
By: Michael Ervin(miervin@fresnocountyca.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAXfsMxwjkZflgrMloC6emWIWO69y3an0e
"Amendment 17-643-1 with Exhibits" History
Document created by Michael Ervin (miervin@fresnocountyca.gov)
2022-10-28-4:24:45 PM GMT-IP address:64.171.224.83
Document emailed to mimbriani@trccompanies.com for signature
2022-10-28-4:25:22 PM GMT
r�] Email viewed by mimbriani@trccompanies.com
2022-10-28-4:25:39 PM GMT-IP address:136.226.78.245
6o Signer mimbriani@trccompanies.com entered name at signing as Mark Imbriani
2022-10-28-5:04:53 PM GMT-IP address: 136.226.78.245
CSo Document e-signed by Mark Imbriani (mimbriani@trccompanies.com)
Signature Date:2022-10-28-5:04:55 PM GMT-Time Source:server-IP address:136.226.78.245
Q Agreement completed.
2022-10-28-5:04:55 PM GMT
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