HomeMy WebLinkAboutCarollo Engineers, Inc First Amendment to Consultant Agreement - 8-28-2025.w`
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT Tq AGREEMENT (First Amendment) made and entered into
as of this4�ZXW-- day of VS1_ 2025, by and between the CITY OF
FRESNO, a California municip I corporation (City) and Carollo Engineers, Inc., a
Delaware corporation (Consultant). The City and the Consultant are collectively referred
as the "Parties" in this First Amendment.
RECITALS
WHEREAS, City and Consultant entered into an Agreement, dated September 27, 2024,
(Agreement) for professional on -call engineering services for the Capital Projects
Department's Capital Improvement Program (Program) for Conveyance Infrastructure
with a total maximum amount payable by the City of one million dollars ($1,000,000.00)
for all Task Orders issued under the Agreement; and
WHEREAS, additional Capital Improvement Program Conveyance Infrastructure projects
have been programmed, resulting in the need to increase the maximum amount payable
to each Consultant for all Task Orders issued under the Agreement; and
WHEREAS, City and Consultant now desire to enter into this First Amendment to modify
the compensation of the Agreement and increase the maximum amount payable by the
City to each Consultant for all Task Orders resulting .under the Agreement by an amount
not to exceed two million dollars ($2,000,000.00), for a total maximum Agreement value
of three million dollars ($3,000,000.00), for the life of the Agreement; and
WHEREAS, City and Consultant agree that there is no guarantee, either expressed or
implied, that this dollar amount will be authorized under the Agreement through Task
Orders.
AMENDMENT
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 Agreement is amended
as follows-
1. The maximum amount payable by the City to each Consultant for all Task Orders
resulting under the Agreement shall not exceed three million dollars
($3,000,000.00), for the life of the Agreement. It is understood and agreed that
there is no guarantee, expressed or implied, that this dollar amount will be
authorized under this Agreement through Task Orders.
2. In the event of any conflict between the body of this First Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this First
Amendment shall control and take precedence over the terms and conditions
expressed within the exhibit or attachment. Furthermore, any terms or conditions
contained within any exhibit or attachment hereto which purport to modify the
allocation of risk between the Parties, provided for within the body of this First
Amendment, shall be null and void.
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3. Except as otherwise specifically set forth in this First Amendment, the remaining
provisions of the Agreement, dated September 27, 2024, shall remain in full force
and effect.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to Agreement
at Fresno, California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By.
Francisco V. Magos, PE, MBA, QSD,
Capital Projects Assistant Director
Capital Projects Department
APPROVED AS TO FORM.
ANDREW JANZ
City Attorney
Jennifer M. Wharton
Deputy City Attorney
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Date
Carollo Engineers, Inc.,
a Delaware corporation
Ryan Sellman
Vice President
By, _ Q_ L�Q
Anne Prudhel
Executive Vice President
ATTEST:
TODD STERMER, MMC
City Cle- rk
By- 3 -v25
4epouty Date
Addresses:
CITY:
City of Fresno
Attention: Sarah Lambeth
Senior Management Analyst
747 R Street, Second Floor
Fresno, CA 93721
Phone: (559) 621-6789
E-mail: Sarah. Lambeth@fresno.gov
CONSULTANT:
Carollo Engineers, Inc.
Attention: Ryan Sellman, PE
Principal-In-Charge/Principal Contact
1401 Fulton Street, Suite 802
Fresno, CA 93721
Phone: (209) 518-6855
E-mail: RSellman@carollo.com
Attachments:
Agreement City of Fresno, California Consultant Services
2
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