HomeMy WebLinkAboutCarollo Engineers, Inc - Third Amendment to Agreement - 12-16-24L/UUUJIIJ.II CIIVCIUpt: [Li. OCI,OU IV/-L//1.'7G-4U I U-z r-j-r'iVJUUvUrJU0
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into
this 16th day of ❑ecember 2024 (Effective Date), amends the agreement entered
into between the CITY OF FRESNO, a California municipal corporation (City), and
CAROLLO ENGINEERS, INC., a Delaware corporation (Consultant).
RECITALS
WHEREAS, in May 2020, the City's Wastewater Management Division received a
Notice to Comply with the requirements of the Nitrate Control Program which was adopted
by the Central Valley Regional Water Quality Control Board (CVRWQCB) in an effort to
protect drinking water; and
WHEREAS, the City and Consultant entered into an agreement on June 19, 2020,
to provide professional consulting services for the preparation of a Nitrate Initial
Assessment for the Fresno -Clovis Regional Wastewater Reclamation Facility and the North
Fresno Wastewater Reclamation Facility as required by the CVRWQCB for a total fee of
$913,740 which included a contingency of $83,100; and
WHEREAS, the City and Consultant entered into a First Amendment to the
Agreement on October 4, 2021, to expand the Scope of Services to include implementation
of certain components of the Nitrate Initial Assessment; and
WHEREAS, the City and Consultant entered into a Second Amendment to the
Agreement on June 15, 2023, to extend the agreement to December 31, 2024, to allow
CVRWQCB to review and comment on the Nitrate Initial Assessment and for the City to
respond to comments as needed; and
WHEREAS, while the City has received initial comments from CVRWQCB, more
time is needed to receive and respond to additional comments as well as negotiate a
schedule for implementation of the regulatory requirements and, as such, the City and
Consultant desire to extend the original completion date from December 31, 2024, to
December 31, 2026; and
WHEREAS, the City and the Consultant desire to use new labor rates as outlined in
the Carollo Engineers, Inc. Fee Schedule starting January 1, 2025; and,
WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim,
demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the agreement be amended as follows:
1. The Recitals listed above are incorporated by reference herein.
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2. The Term of Agreement is extended from December 31, 2024, to
December 31, 2026, and Time for Performance is extended to 1790 days.
3. 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.
4. Except as otherwise provided herein, the agreement remains in full force and
effect.
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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
Signed by:
By: 12/15/2024
Bros . uc e, PE, PLS,
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
Signed by:
By: brbwy, 12/2/2024
Date
Deputy City Attorney
ATTEST:
Carollo Engineers, Inc., a Delaware
Corporation
Signed by:
By: gwv,— -e, PMAA 11/27/2024
Name: Anne E. Prudhel
Executive Vice President
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Sighed by:
� 11/27/2024
By:
Ryan sellman
Name:
TODD STERMER, CMC Title:
City Clerk
S:Jne:: by:
By: �iIA A del q6L& ' 12/16/2024
- Date
Deputy Tina M. Your
Addresses:
CITY:
City of Fresno
Attention: Peter Maraccini, PE, PhD
Licensed Engineering Manager
1626 E Street
Fresno, CA 93706
Telephone No: (559) 621-1609
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
Telephone No.: (559) 436-6616
FAX: (559) 436-1191
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EXHIBIT A2
CAROLLO ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2025
Hourly Rate
Engineers/Scientists
Assistant Professional
$218.00
Professional
$275.00
Project Professional
$323.00
Lead Project Professional
$340.00
Senior Professional
$367.00
Technicians
Technicians $163.00
Senior Technicians $238.00
Support Staff
Document Processing / Clerical $139.00
Project Equipment Communication Expense
(PECE) Per DL Hour $16.00
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate
Effective January 1, 2025 $0.67 per mile
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.
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Engineers... Working Wonders With Water"
CERTIFICATION
This is to certify that the undersigned, Michael W. Barnes, as Corporate Secretary and General
Counsel for Carollo Engineers, Inc., is authorized to state and certify: That by corporate
policy approved by the Board of Directors on 02/07/2011, Ryan Sellman, Vice President, and
Anne Prudhel, Senior Vice President, are authorized to execute engineering service
agreements for the usual and customary engineering business of the company.
Dated: November 9, 2023
Michael W. Barnes
Corporate Secretary & General Counsel
2795 Mitchell Drive, Walnut Creek, Califomia 94598
P.925.932,1710 F.925.930.0208
carollo.com