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HomeMy WebLinkAboutCarollo Engineers, Inc First Amendment to Consultant Agreement - 8-7-2025Docusign Envelope ID: 3DF81300-8A67-4521-9B59-69C9FBCA34EF FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT (Amendment) made and entered into as of this 7th day of August , amends the Consultant Agreement (Agreement) between the CITY OF FRESNO, a California municipal corporation (CITY), and Carollo Engineers, Inc., a Delaware Corporation, (CONSULTANT), entered into on June 10, 2022, to provide professional consulting engineering services for Side Stream Treatment Systems at the Fresno -Clovis Regional Wastewater Reclamation Facility (Project). RECITALS WHEREAS, pursuant to the Agreement the CONSULTANT'S compensation was for a total fee not to exceed $4,505,160 that includes a total fee not to exceed $4,095,600 paid on a time and materials in accordance with the schedule of fees contained in Exhibit A, including a contingency amount not to exceed $409,560 for any additional work rendered pursuant to Section 3(c) of the Agreement; and WHEREAS, the CITY and the CONSULTANT have negotiated an increase in compensation of $49,500 for additional services that include preparation and coordination of supporting documents for a State Revolving Fund (SRF) loan application by providing environmental services to support the environmental package and supporting documentation. The scope assumes that the CITY will prepare the Environmental Package to support the SRF loan application. Deliverables include Biological Technical Memorandum (Draft and Final), Federal Air Conformity Analysis (Draft and Final), Cultural Resources Report (Draft and Final), Environmental Alternative Analysis (Draft and Final); and WHEREAS, the CITY and the CONSULTANT have agreed to the utilization of the $409,560 contingency resulting in no increase in net compensation for additional services. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the aforesaid Agreement be amended as follows: 1. Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this First Amendment shall be a total fee of forty-nine thousand five hundred ($49,500), thus increasing the total contract amount to four million one hundred forty-five thousand one hundred dollars ($4,145,100) with a remaining contingency amount of three hundred sixty thousand sixty dollars ($360,060). 2. In the event of any conflict between the body of the Amendment and any Docusign Envelope ID: 3DF81300-8A67-4521-9B59-69C9FBCA34EF Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment hereto which purport to modify the allocation of risk between the Parties provided for within the body of this Amendment, shall be null and void. 3. Except as otherwise provided herein, the Agreement entered into by the CITY and the CONSULTANT, dated June 10, 2022, shall remain in full force and effect. [Signatures follow on the next page.] Docusign Envelope ID: 3DF81300-8A67-4521-9B59-69C9FBCA34EF IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation �-- Sigrie,S by: By: for 8/7/2025 Broc uche, PE, PLS, Director of Public Utilities APPROVED AS TO FORM: ANDREW JANZ City tgKDRY fiVtUa By: (�tVVt,VA 8/1/2025 Tricia Herrera Date Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk Lt d by: By: h. tj6V f 8/7/2025 Date Deputy Tina M. Your Carollo Engineers, Inc., A Delaware corporation SigrrerJ by: I1 By: 'vI Name: Ryan Sellman Vice President Title: (If corporation or LLC., Board Chair, Pres. Or Vice Pres.) Sgned by' By: a..,.' e. PVIA.DuA.i,l, 8/1/2025 F tia[j9a 165bA44'1-, Name: Anne E. Prudhel Executive Vice President Title: (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) 517422v1 3