HomeMy WebLinkAboutAgreementA-14-686-1wDLRGroup (11).pdf1
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (First Amendment) is made and entered
into this _______ day of _________________, 2020, by and between the County of Fresno
(OWNER or COUNTY) and DLR Group, Inc. (CONSULTANT).
W I T N E S S E T H:
WHEREAS, the COUNTY and CONSULTANT entered into a retroactive Agreement
dated February 25, 2020 identified as Contract Agreement No. 20-086, incorporated herein by
reference (the Agreement), for CONSULTANT to provide architectural services; and
WHEREAS, the Agreement provided for a maximum compensation amount of
$7,326,400, with $5,924,000 of that amount allocated to Basic Fee Services, and $1,402,400
allocated to Extra Services; and
WHEREAS, OWNER and CONSULTANT now desire to increase the maximum Extra
Services allocation payable under the Agreement by an additional $247,407; and
WHEREAS, the increase is required in order to provide adequate compensation to
CONSULTANT to provide construction administration staff for an additional 11 month extension
of the construction schedule and anticipated project completion date contemplated by the
parties at the time the Agreement was entered into by CONSULTANT (June 30, 2020 to May
31, 2021); and
WHEREAS, approval of this First Amendment will increase the maximum amount
payable to CONSULTANT for Extra Services to $1,649,807, and will increase the maximum
Total Fee amount payable to CONSULTANT to $7,573,807; and
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1.That existing County Agreement No. 20-086, Exhibit A (“Agreement for
Architectural Services” dated November 4, 2014), Article V, Section A, Page twenty-four (24),
Lines three (3) through five (5) is hereby deleted in its entirety and replaced with the following
paragraph:
“Notwithstanding any other provision in this Agreement, the Total Fee (Basic Fee and
Agreement No. 14-686-1
1st September
20-0889
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Extra Services Allocation) for the services required under this Agreement shall not exceed a
total amount of $7,573,807.”
2.That existing County Agreement No. 20-086, Exhibit A, (“Agreement for
Architectural Services” dated November 4, 2014), Article V, Section C, Page twenty-five (25),
Lines eight (8) beginning with the word “There” and ending on Line twelve (12) with the word
“exceeded” is hereby deleted in its entirety and replaced with the following paragraph:
“There will be an additional maximum allocation of $1,649,807 to pay for authorized
Extra Services. Payment of Extra Services in excess of $1,649,807 is unauthorized and can
only be made pursuant to a written amendment to this Agreement. The COUNTY
Representative shall have the discretion to adjust in writing the Basic Fee and Extra Services
limits as long as the total Agreement amount of $7,573,807 is not exceeded”.
3.That existing County Agreement No. 20-086, Page one (1), Lines twenty-four
(24)through twenty-seven (27) is hereby deleted in its entirety.
All other terms, conditions, mutual covenants, and promises contained in the
Agreement, shall remain in full force and effect, except as hereinabove amended by this First
Amendment. COUNTY and CONTRACTOR agree that this First Amendment is sufficient to
amend the Agreement and that upon execution of this First Amendment, the Agreement and
this First Amendment shall together be considered the Agreement.
The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
covenants, conditions and promises contained in the Agreement, and not amended herein,
shall remain in full force and effect.
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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2 CONSULTANT
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4 Darr Stelling ,
DLR Group , Inc.
5 1050 20 th Street , Suite 250
Sacramento, CA 95811
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FOR ACCOUNTING USE ON LY
ORGNo
Account No.
Fund No .
Subclass No .
Program No.
43601150, 8845 , 8847
7295 ,8150
0001 ,0400
10000 , 11 000
91157 ,9 1158,91159
COUNTY OF FRESNO
F ~4~ Erne stBudy Mend,Chairrnanohe
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Board of Supervisors of the
County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
~ '~ By ~
Deputy