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HomeMy WebLinkAboutCarollo Engineers, Inc - 2nd Amendment to Agreement - 04.17.24SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into effect the I"Z' N day of . 2024, (Effective Date) amends the Agreement heretofore entered into between the CITY OF FRESNO, a California municipal corporation (City), and CAROLLO ENGINEERS, Inc., a Delaware corporation (Consultant). RECITALS WHEREAS, the City and the Consultant entered into an agreement on May 31, 2023, (Agreement) to provide professional engineering services for the Downtown Water & Wastewater Infrastructure Improvement Study (Project); and WHEREAS, on November 27, 2023 the first Amendment to the Agreement (First Amendment) was executed to expand the Consultant's scope of services to include design, bidding support, and construction support services related to the Project and increasing the Consultant's total to $2,737,279, and an amended contingency amount not to exceed $374,000; and WHEREAS, the City and the Consultant desire to use the new labor rate for 2024 outlined in the Carollo 2024 Fee Schedule; and WHEREAS, with entry into this Agreement, the Consultant agrees the Consultant has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended as follows: 1. Exhibit A of the Agreement is amended to update the schedule of fees as indicated in Exhibit A2 attached hereto and incorporated herein by reference. 2. The Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall not exceed $2,737,279 including a contingency of $374,000 paid on a time and material basis in accordance with the schedule of fees contained in Exhibit A2. Such fee includes all expenses incurred by the Consultant in performance of said services. 3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on May 31, 2023 and the First Amendment entered into on November 27, 2023, remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, A municipal corporation Francisco Magos, PE Assistant Director APPROVED AS TO FORM: ANDREW JANZ City Attor1 B A _ A IZ4 Angela M. Karst Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC CITY Clerk � 0 Sty A Date Addresses: CITY: City of Fresno Attention: Robert A. Diaz Project Manager 747 R Street, 2nd Floor Fresno, CA 93721 Phone: (559) 621-8837 2 Carollo Engineers, Inc., a Delaware Corporation In Name: Ran Sellman Title: Vice President (If corporation or LLC, Board Chair, Pres. or Vice Pres.) By: a , L Name: Anne E. Prudhel Title: Executive Vice President (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) CONSULTANT: Carollo Engineers, Inc. Attention: Ryan Sellman, Vice President 1401 Fulton Street, Suite 802 Fresno, CA 93721 Phone: (559) 436-6616 FAX: (559) 436-1191 EXHIBIT A2 CAROLLO ENGINEERS, INC. FEE SCHEDULE As of January 1, 2024 Engineers/Scientists Hourly Rate Assistant Professional $208.00 Professional 262.00 Project Professional 308.00 Lead Project Professional 324.00 Senior Professional 350.00 Technicians Technicians 156.00 Senior Technicians 227.00 Support Staff Document Processing / Clerical 133.00 Project Equipment Communication Expense 15.00 (PECE) Per DL Hour Other Direct Expenses Travel and Subsistence at cost Mileage at IRS Reimbursement Rate $0.67 per mile Effective January 1, 2024 Subconsultant cost + 10% Other Direct Cost cost + 10% Expert Witness Rate x 2.0 This fee schedule is subject to annual revisions due to labor adjustments. Actual increase will be negotiated with the City and will not exceed 6%