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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