HomeMy WebLinkAboutAgreement A-25-551 Amendment I to Service Agreement (2).pdf 25-0831 Agreement No. 25-551
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment, hereinafter referred to as Amendment I, is made and entered into this
3 21s' day of October , 2025 by and between the COUNTY OF FRESNO, a Political Subdivision
4 of the State of California, hereinafter referred to as "COUNTY", and LUHDORFF AND
5 SCALMANINI CONSULTING ENGINEERS, INC., a California Corporation "CONTRACTOR".
6 Recitals
7 A. On March 19, 2024, the County and the Contractor entered into SERVICE
8 AGREEMENT, which is County agreement number 24-133 ("Agreement"), for consulting and
9 supportive services necessary to assist the County through the term of the Agreement.
10 B. The County and Contractor reviewed the Agreement and concluded there is not
11 sufficient funding in the Agreement to support Proposition 218 and the Pumping Reduction Plan
12 Scope of Work activities for Groundwater Sustainability Plan (GSP) implementation costs as
13 required by SGMA.
14 C. The County and the Contractor now desire to amend the Agreement to increase the
15 maximum compensation to cover additional GSP development and implementation costs on
16 behalf of Management Area A and Management Area B (FMCA) as outlined in Exhibit B.
17 The parties therefore agree as follows:
18 1. That County Agreement No. 24-133, Article Three (3) "Compensation, Invoices, and
19 Payments", section 3.2 "Maximum Compensation", at Page Four (4), beginning with line One (1)
20 "The" and ending on page
21 Page Four (4), Line 10 after the word "Agreement" is replaced as follows:
22 "The maximum compensation payable to the Contractor under this Agreement is
23 Four Hundred Ninety-Nine Thousand Eight Hundred Forty Dollars ($499,840) for
24 GSP development and implementation for the period of March 1, 2023, through
25 February 28, 2028. The Contractor acknowledges that the County is a local
26 government entity and does so with notice that the County's powers are limited by
27 the California Constitution and by State law, and with notice that the Contractor
28 may receive compensation under this Agreement only for services performed
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1 according to the terms of this Agreement and while this Agreement is in effect, and
2 subject to the maximum amount payable under this section. The Contractor further
3 acknowledges that County employees have no authority to pay the Contractor
4 except as expressly provided in this Agreement."
5 2. When both parties have signed this Amendment No. 1, the Service Agreement, and this
6 Amendment No. 1 together constitute the Agreement.
7 3. The Contractor represents and warrants to the County that:
8 a. The Contractor is duly authorized and empowered to sign and perform its obligations
9 under this Amendment.
10 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
11 to do so and his or her signature on this Amendment legally binds the Contractor to
12 the terms of this Amendment.
13 4. The parties agree that this Amendment may be executed by electronic signature as
14 provided in this section.
15 a. An "electronic signature" means any symbol or process intended by an individual
16 signing this Amendment to represent their signature, including but not limited to (1) a
17 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
18 electronically scanned and transmitted (for example by PDF document) version of an
19 original handwritten signature.
20 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
21 equivalent to a valid original handwritten signature of the person signing this
22 Amendment for all purposes, including but not limited to evidentiary proof in any
23 administrative or judicial proceeding, and (2) has the same force and effect as the valid
24 original handwritten signature of that person.
25 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
26 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
27 2, Title 2.5, beginning with section 1633.1).
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1 d. Each party using a digital signature represents that it has undertaken and satisfied the
2 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment is not conditioned upon the parties conducting the transactions under
5 it by electronic means and either party may sign this Amendment with an original
6 handwritten signature.
7 5. This Amendment may be signed in counterparts, each of which is an original, and all of
8 which together constitute this Amendment.
9 6. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
10 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
11 effect.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment I as of the
2 day and year first hereinabove written.
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CONTRACTOR COUNTY OFFRESNO
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LUHDORFF AND SCALMANINI
5 CONSULTING ENGINEERING, INC c�
6 �Q�%e/v Ernest Buddy Mend , Chairman of the
Board of Supervisors of the County of Fresno
7 Peter Leffler, PG
CFO Attest:
8 Bernice E. Seidel
500 181 Street Clerk of the Board of Supervisors
9 Woodland, California 95695 County of Fresno, State of California
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By: r ��
11 Deputy
12 For accounting use only:
13 Org No.: 2540
Account No.: 7845
14 Fund No.: 0001
Subclass No.:10000
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Exhibit B
Scope of Work Project Budget Estimate
Tasks
Senior Principal Senior Professional Project Professional Staff Professional
Outside Services and Expenses
2024 Schedule of Fees $260.00 $200.00 $182.00 $165.00
2026 Schedule of Fees $297.00 $233.00 $204.00 $180.00 Total
Task 1.Coordination Meetings 107 65 183 0
Sub total $29,411.23 $13,725.43 $34,479.96 0 $7,000.00 $84,616.62
Task 2.Technical Review 80 16 332 20
Sub total $21,660.51 3780.3472 $62,640.29 $3,659.08 $0.00 $91,740.23
Task 3.Grant Administration 5 10 65 0
Sub total $1,300.00 $2,000.00 $11,830.00 0 $0.00 $15,130.00
Task 4.Annual Report Review/Support 29 36 48 40
Sub total $7,868.72 $7,780.35 $9,310.89 $6,600.00 $0.00 $31,559.95
Task S.GSP Monitoring Program 11 25 45 52
Sub total $3,024.36 $5,290.17 $8,205.00 $8,795.45 $35,200.00 $60,514.98
Task 6.DMS Maintenace and Updates 0 16 48 54
Sub total 0 $3,345.09 $9,325.89 $9,340.89 $0.00 $22,011.86
Task 7.Landowner/Shareholde Outreach 20 22 46 0
Sub total $5,364.36 $4,835.26 $8,674.44 $0.00 $0.00 $18,874.06
Task 8.MW Construction&Oversight 5 0 30 62
Sub total $1,300.00 0 $5,460.00 $10,230.00 $7,500.00 $24,490.00
Task 9.As Needed Services 58 52 150 104
Sub total $15,274.18 $10,472.54 $27,833.26 $17,231.82 $3,085.45 $73,897.25
PRP Implementation(Contingency) $0.00 $0.00 $0.00 $0.00 $0.00 $40,000.00
Contingency 10%(LSCE Labor Costs) $37,004.95
Total Hours 315 242 947 332 0
Total $85,203.35 $51,229.19 $177,759.73 $55,857.23 $52,785.45 $499,839.90
Exhibit B
Luhdorff G
6 Scalmanini
Consulting Engineers
Woodland-Roseville-Chico-Daly City-Meridian, ID
or
2025-2026 SCHEDULE OF FEES
ENGINEERING AND RELATED FIELD SERVICES
Professional*
Senior Principal ............................................................................................ $297/hr.
Principal Professional................................................................................... $276/hr.
Supervising Professional.............................................................................. $263/hr.
Senior Professional ...................................................................................... $233/hr.
Project Professional..................................................................................... $204/hr.
Staff Professional ......................................................................................... $180/hr.
Technical
Data Management Specialist**...................................................................$170/hr.
Senior GIS Analyst........................................................................................$170/hr.
GISSpecialist................................................................................................$127/hr.
Engineering Asst./Scientist...............................................................................$127/hr.
Project Admin Support
Word Processing, Clerical.............................................................................$111/hr.
Digital Communications Specialist...............................................................$127/hr.
Project Administrator ..................................................................................$122/hr.
Vehicle Use $0.74/mi (or curr. IRS rate)
Subsistence Cost Plus 15%
Field Equipment (Flow Meters, Transducers, etc.) $25 to $100/day
Copies $0.20 ea.
Professional or Technical Testimony 200% of Regular Rates
Technical Overtime (if required) 150% of Regular Rates
Outside Services/Rentals Cost Plus 15%
Services by Associate Firms Cost Plus 15%
Prevailing Wage Rate $222/hr.
*Engineer, Geologist, Hydrogeologist, and Hydrologist
**Information Systems Analyst and Database Specialist
Note:Send invoice payments to Accounts Receivable, 50015T Street, Woodland, CA 95695