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HomeMy WebLinkAboutAscent Environmental, Inc. - 6th Amdnt Agrmnt - 10-13-2022DocuSign Envelope ID: 02121AD0-F52B-4FD3-8201-53778C95CB10-� St�� SIXTH AMENDMENT TO AGREEMENT THIS SIXTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 13th day of October, 2022, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (City), and ASCENT ENVIRONMENTAL, INC., (Consultant). City and Consultant are collectively referred to as the "Parties." RECITALS WHEREAS, City and Consultant entered into an Agreement, dated November 29, 2018, for professional Environmental Consulting services for the South Industrial Priority Area (SIPA) Specific Plan Environmental Impact Report, now recognized as the South Central Specific Plan Environmental Impact Report, (Project); and WHEREAS, City and Consultant entered into First Amendment, dated November 14, 2019, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and WHEREAS, City and Consultant entered into Second Amendment, dated December 10, 2019, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and WHEREAS, City and Consultant entered into Third Amendment, dated January 1, 2020, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and WHEREAS, City and Consultant entered into Fourth Amendment, dated December 10, 2020, to increase the scope of work by requiring additional services beyond those services referenced in the Project; and WHEREAS, City and Consultant entered into Fifth Amendment, dated May 13, 2021, to increase the scope of work by requiring additional services beyond those services refenced in the Project and to increase the total compensation for satisfactory performance; and WHEREAS, City and Consultant desire to extend the contract performance period to December 31, 2023, and to increase the total contract amount to $991,401.26 to accomplish the services as referenced in previous amendments and in the Project. AGREEMENT NOW, THEREFORE, the Parties agree that the Agreement be amended as follows: Contract performance period shall be extended to December 31, 2023. DocuSign Envelope ID: 02121AD0-F52B-4FD3-8201-53778C95CB10 2. Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of $991,401.26 as described in Attachment "A". 3. In the event of any conflict between the body of this Amendment and any 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. 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 Amendment, shall be null and void. 4. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated November 29, 2018, and amended on November 19, 2019, December 10, 2019, January 1, 2020, December 10, 2020, and May 13, 2021 remain in full force and effect. [Signatures follow on the next page.] DocuSign Envelope ID: 02121AD0-F52B-4FD3-8201-53778C95CB10 CITY OF FRESNO, A California municipal corporation By: JeVin,66K. Clark, AICP or, Planning and Development Department APPROVED AS TO FORM: RINA M. GONZALES Interim City Attorney I3GwSigmd by; By 10/4/2022 s ewl* Collet Date Supervising Deputy City Attorney ASCENT ENVIRONMENTAL, INC., �uf�i��G12&12 0 By: �v.i��A,-A;d1 i 0r 14.=' 1OS FOTV Name: Sydney Coatsworth Title: Vice President (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: A.na,da o�n (Oct 4, ID22 14:z6 PDT' Name: Amanda Olekszulin Title: CF0 (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) ATTEST: REVIEWED BY: Todd Stermer, CMC 'em ftned by: City Clerk amlzz� � � 10/4/2022 �r0e By: /-�- eeLd-3- -*W . � Date Addresses: CI TY: City of Fresno Attention: Dalton L. Bennett, Projects Administrator 2600 Fresno Street, Suite 3065 Fresno, CA 93721 Phone: (559) 621-8039 Email: Dalton.Bennett@fresno.gov CONSULTANT: Ascent Environmental, Inc. Attention: Chris Mundhenk, Principal 455 Capitol Mall, Suite 300 Sacramento, CA 95814 Phone: 916-444-7301 FAX: 916-444-3927 Attachment A - Scope of Services and Timeline