HomeMy WebLinkAboutKleinfelder, Inc - 1st Amdnt Agrmnt - 2-17-2023DocuSign Envelope ID: 5EB80D1A-39A8-4832-91FE-4309DB55C55E
FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
as of this 17 day of February 2023, amends the Agreement entered into between the
CITY OF FRESNO, a California municipal corporation (City), and KLEINFELDER, INC., a
California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement on June 10, 2022,
(Agreement) for professional hydrogeological services in connection with the drilling and
construction of a new groundwater production well at Pump Station 372 (Project) for a total
fee not to exceed $48,415 and a contingency of $10,000; and
WHEREAS, construction activities associated with the new well have been extended
due to the increased depth of the well compared to those typically constructed in the City
and additional development that is required due to the abundance of clay formation
encountered in the lithology; and
WHEREAS, the City desires to increase the Consultant's compensation by $46,785
to complete the scope of services for a revised total fee not to exceed $95,200 with $10,000
remaining in contingency; 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 aforesaid Agreement be amended as
follows:
The recitals to this Amendment are incorporated and made a part of this
Amendment.
2. Section 3(a) of the Agreement is amended to read as follows:
"(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Amendment shall not exceed $95,200
paid on a time and materials basis in accordance with the schedule of fees contained
in Exhibit A and a contingency amount not to exceed $10,000 for any additional work
rendered pursuant to Subsection (c) below and authorized in writing by the Director.
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 June 10, 2022, remains in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: 5EB80D1A-39A8-4832-91FE-4309DB55C55E
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
A Calif9inisanmunicipal corporation
ed by:
By:F'7D '&/ 2/16/2023
Broc uche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attar Rcc, by:
By: ', w 12/19/2022
Bran on fillet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
❑nr.�i Siy�ied hy.
belgL�A rw-a. 2/17/2023
By: � `.. ..-.
Briana Parra Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Anita Luera
Supervising Engineering Technician
2101 G Street, Building A
Fresno, CA 93706
Phone: (559) 621-1625
Facsimile: (559) 498-4126
E-mail: anita.luera fresno. ov
P"
KLEINFELDER, INC.,
A Califorpigfc o, oration
yl
By: �tqy% b� 12/19/2022
Name: Mark Connelly
Title: vice President, Area Manager
(If corporation or LLC., Board Chair,
Frrsr� ice Pres.)
�q�rDykp�
By: 12/19/2022
Name: Dan Brockman
Title: Assistant secretary
(If corporation or LLC., CFO.,
Treasurer, Secretary or Assistant
Secretary)
CONSULTANT:
Kleinfelder, Inc.
Attention: Joseph D Zilles, PG,
Senior Principal Hydrogeologist
3731 W Ashcroft Avenue
Fresno, CA 93722
Phone: (559) 486-0750
Facsimile: (559) 442-5081
E-mail: jziiles kleinfeider.com