Loading...
HomeMy WebLinkAboutAgreement A-18-373-1 with Multiple Consultants.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND AMENDMENT TO AGREEMENT THIS AMENDMENT, (“Second Amendment”) is made and entered into this _____ day of April 2019 (“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 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, and the maximum compensation was increased to $500,000 to address a need for increased services; 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: A.“Total Fee: 1.In no event shall the maximum total compensation payable under this Agreement 23rd Agreement No. 18-373-1 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exceed one million, one hundred thousand dollars ($1,100,000) 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 one hundred thousand dollars ($1,100,000) 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.” 1 2 3 4 5 6 7 8 9 EXECUTED AND EFFECTIVE as of the date first above set forth. 10 11 12 CONSULTANT See additional signature pages attached Org No.: 8935 13 Account No.: 7295 Fund: 1045 14 Subclass: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: -3- COUNTY OF FRESNO ~ ~--~.:=:) ~:s--Nathan Magsig:--Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. s~" Clerk of the Board of Supervisors County of Fresno, State of California 1 By executing this signature page, CONSUL TANT becomes a signatory to the Agreement, 2 as amended, dated A-pr. 2~ , 2019, and agrees that it is a party to the Agreement, as amended, 3 with the COUNTY, and is bound by its terms. 4 EXECUTED AND EFFECTIVE as of the date first above set forth. 5 6 CONSULTANT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~-Z ·l'l Date: Paul Halajian Architects 389 Clovis Avenue, Suite 100 Clovis, CA 93612 -4- . ' 1 By executing this signature page, CONSULTANT becomes a signatory to the Agreement, 2 as amended, dated '-111.~I , 2019, and agrees that it is a party to the Agreement, as amended, 3 with the COUNTY, and is bound by its terms. 4 5 EXECUTED AND EFFECTIVE as of the date first above set forth. 6 CONSULTANT 7 8 ifit:;:. 9 Steven Kedarnzy=re-s-id_e_n_t &-S-ec-r-et_a_ry_ 10 11 3/ft.q /1q 12 Date: 13 14 Kodama Disefio, Inc. 15 570 Tenth Street 16 Oakland, CA 94607 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 By executing this signature page, CONSULT ANT becomes a signatory to the Agreement, 2 as amended, dated A:Pc. 26 , 2019, and agrees that it is a party to the Agreement, as amended, 3 with the COUNTY, and is bound by its terms. 4 5 EXECUTED AND EFFECTIVE as of the date first above set forth. 6 CONSUL TANT 7 8 'I 9 · Sandra Muratore, sole proprietor of Muratore 1 0 Associates 11 12 13 14 Date: 15 Muratore Associates 16 5250 N. Sequoia Ave. 17 Fresno, CA 93711 18 19 20 21 22 23 24 25 26 27 28 -6- 1 By executing this signature page, CONSUL TANT becomes a signatory to the Agreement, 2 as amended, dated Apr, 2S , 2019, and agrees that it is a party to the Agreement, as amended, 3 with the COUNTY, and is bound by its terms. 4 EXECUTED AND EFFECTIVE as of the date first above set forth. 5 6 CONSULTANT 11 4-? ..-,(4 12 Date: 13 14 SIM Architects 15 7790 N. Palm 16 Fresno, CA 93711 17 18 19 20 21 22 23 24 25 26 27 28 -7- ·, 1 By executing this signature page, CONSUL TANT becomes a signatory to the Agreement, 2 as amended, dated 3/-Z'f , 2019 and agrees that it is a party to the Agreement, as amended, 3 with the COUNTY, and is bound by its terms. 4 5 EXECUTED AND EFFECTIVE as of the date first above set forth. 6 CONSUL TANT 7 8 9 Pete Mogensen, Pt:ssictom-~,epo~Tio,'-l ~&"~,-,A\-t:( 10 11 12 • I Date: _ 13 14 15 16 ~er R•••eiol Olli...., ~-SI l,'Eil.),..- 17 ?/2-~ ,h.oJ°( . ~ ·ta Date: 19 20 Integrated Designs · 21 6011 N. Fresno St., Ste. 130 22 Fresno, CA 93710 23 24 25 26 27 28 -8- -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 570 Tenth Street Oakland, CA 94607 Steven Y Kodama (510) 986-0696 skodama@kodamadiseno.com Muratore Associates 5250 N. Sequoia Ave. Fresno, CA 93711 Sandra Muratore Owner/Principal (559) 431-6879 sandra@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