HomeMy WebLinkAboutAgreement A-24-210 Amendment to Agreement No. 22-089 with DLR Group Inc..pdf 23-1290 Agreement No. 24-210
1 AGREEMENT FOR ARCHITECTURAL SERVICES
2 THIS AGREEMENT (Agreement) is made and entered into this 7th day of
3 May , 2024, by and between the County of Fresno (COUNTY) and DLR Group,
4 Inc. (CONSULTANT), and shall be effective retroactively as of January 1, 2024 ("Effective
5 Date").
6 Recitals:
7 The COUNTY and CONSULTANT entered into an agreement dated November 4, 2014,
8 identified as Agreement No. 14-686 (hereinafter "the Original Agreement"), for CONSULTANT
9 to provide architectural services for the West Annex Jail project (WAJ); and
10 1. The Original Agreement provided for a maximum compensation amount of
11 $7,326,400, with $5,924,000 of that amount allocated to Basic Fee Services, and $1,402,400
12 allocated to Extra Services; and
13 2. The parties subsequently entered into a retroactive agreement identified as
14 Agreement No. 20-086, which was dated February 25, 2020 and was effective retroactively to
15 December 31, 2019; and
16 3. The parties subsequently entered into a retroactive agreement identified as
17 Agreement No. 22-089 (hereinafter "the 2022 Agreement"), which was dated March 8, 2022
18 and was effective retroactively to December 31, 2021; and
19 4. The 2022 Agreement (22-089) incorporated by reference all provisions set forth in the
20 Original Agreement, which was attached thereto as Exhibit A; and
21 5. The purpose of the 2022 Agreement was to serve as the successor to the Original
22 Agreement and thereby, in effect, extend retroactively the durational term of the contractual
23 relationship that had been stated therein, from January 1, 2024, through December 31, 2023,
24 6. The 2022 Agreement (22-089) was amended on September 1, 2020 (Amendment
25 No. 1), to increase the maximum Extra Services and Total Fee amounts payable to
26 CONSULTANT by $247,000, thereby increasing the maximum Extra Services amount to
27 $1,649,807, and the maximum Total Fee amount to $7,573,807; and
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1 7. The 2022 Agreement (22-089) was amended on March 8, 2022 (Amendment No. 2),
2 to increase the maximum Extra Services and Total Fee amounts payable to CONSULTANT by
3 $181,528, thereby increasing the maximum Extra Services amount to $1,831,335, and the
4 maximum Total Fee amount to $7,755,335; and
5 8. The term of the 2022 Agreement (22-089) subsequently was extended by the
6 Director for the additional optional year, through and including December 31, 2023; and
7 9. The parties desire to provide for an additional increase of $70,800 to the maximum
8 Extra Services and Total Fee amounts payable to CONSULTANT, which will increase the
9 maximum amount payable to CONSULTANT for Extra Services to $1,902,135, and will
10 increase the maximum Total Fee amount payable to CONSULTANT to $7,826,135; and
11 10. The parties desire to execute this Agreement effective retroactive to January 1,
12 2024, to evidence the intent and actions of the parties for an agreement for continued
13 architectural services based on the terms and conditions of the 2022 Agreement as amended
14 and will provide for a further extension of the term of the 2022 Agreement through and
15 including January 1, 2024, and
16 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
17 which is hereby acknowledged, the parties agree as follows:
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19 1. A true and correct copy of the 2022 Agreement (22-089), including Exhibit A
20 thereto (the Original Agreement) is attached hereto as Exhibit 1 and incorporated by this
21 reference as though fully set forth herein, and together with the terms and conditions set forth
22 herein shall, from and after the Effective Date of this Agreement constitute the entire
23 agreement and understanding between CONSULTANT and COUNTY concerning the subject
24 matter hereof, and supersede all previous negotiations, proposals, commitments, writings,
25 advertisements, publications, and understandings of any nature whatsoever unless expressly
26 included in and modified by this Agreement..
27 The Parties Agree that Exhibit A to County Agreement No. 22-089, Article V
28 ("COMPENSATION)" Section C, at page 2 through page 3, lines 27 through 3, is hereby
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1 deleted in its entirety and replaced with the following sentence:
2 "There will be an additional allocation of $1,902,135 to pay for authorized Extra Services.
3 Payment of Extra Services in excel of $1,902,135 is unauthorized and can only be made
4 pursuant to a written amendment to this Agreement. The COUNTY Representative shall have
5 the discretion to adjust in writing the Basic Fee and Extra Services limits as long as the total
6 Agreement amount of$7,826,135 is not exceeded."
7 2. Term. This Agreement is effective retroactive to January 1, 2024 and
8 terminates on December 31, 2024 unless extended as provided in Section 3 below.
9 3. The Parties Agree that Exhibit A to the 2022 Agreement (22-089), Article XXII
10 ("TIME OF COMPLETION)" Section C, at page 3, lines 7 through 12, is hereby deleted in its
11 entirety and replaced with the following sentence:
12 "CONSULTANT shall complete all services required under this Agreement prior to its
13 expiration, and the term of this Agreement is hereby extended retroactively and shall continue
14 in full force and effect through December 31, 2024, at which time it shall expire, unless it is
15 further extended, in writing, by the Director of the Department of Public Works and Planning or
16 his/her designee, for one (1) additional year, upon the same terms and conditions as set forth
17 herein, or it is terminated earlier in accordance with the provisions of Article XXII I."
18 4. Because this Agreement is effective retroactive to January 1, 2024, any services
19 that have been performed, and for which compensation or reimbursement of expenses has
20 been paid, prior to the execution of this Agreement are hereby approved and ratified by the
21 parties. Except as modified herein, the terms and conditions of 2022 Agreement (22-089), as
22 amended, are ratified and restated herein in full, and all remaining terms and conditions
23 contained in 2022 Agreement (22-089), as amended, that are not modified herein, shall remain
24 in full force and effect during the term of this Agreement.
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1 The parties are executing this Agreement on the date set forth in the introductory
2 clause.
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5 CONSULTANT COUNTY OF FRESNO
6 BY: 5
7 D rell Stelling, rincipal Nathan Magsig, Chairman of the Board
DLR Group, Inc. of Supervisors of the County of Fresno
8 1050 20th Street, Suite 250
9 Sacramento, CA 95811
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12 ATTEST:
Bernice E. Seidel
13 Clerk of the Board of Supervisors
County of Fresno, State of California
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15 By Wa
16 Deputy
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21 FOR ACCOUNTING USE ONLY
22 ORG No 8845, 8846
Account No. 8150
23 Fund No. 0400
Subclass No. 10045, 10046
24 Program No. 91157, 91158
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