HomeMy WebLinkAboutCarollo Engineers, Inc. - 3rd Amdt Agrmnt - 1-31-2023DocuSign Envelope ID: A6B88FDF-4E69-4D2F-A367-F6822A53843B
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and
entered into as of this 31st day of January, 2023, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and Carollo
Engineers, Incorporated, a Delaware Corporation (Consultant).
RECITALS
WHEREAS, the City and Consultant entered into an agreement, dated
January 17, 2019 (Agreement) to provide professional engineering services for the
design of the Waste Gas Flare Improvements at the Fresno -Clovis Regional Wastewater
Reclamation Facility for a total fee of $906,350; and
WHEREAS, a First Amendment to the Agreement was executed on
March 10, 2021, extending the term of the Agreement to March 31, 2022, and increasing
the Consultant's compensation by an additional $24,681 for a total fee of $931,031, in
order to complete the expanded Scope of Work; and
WHEREAS, a Second Amendment to the Agreement was executed on
December 14, 2021 extending the term of the agreement to January 31, 2023; and
WHEREAS, the City and the Consultant desire to extend the term of the
Agreement to December 31, 2023, to retain the Consultant's services through project
completion; and
WHEREAS, with entry into this Amendment, the Consultant agrees that the
Consultant has no claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, the City and the Consultant agree that the aforesaid
Agreement be amended as follows:
1. The recitals set forth above are incorporated herein by reference and made
a part of this Third Amendment.
2. Section 2 of the Agreement is amended in its entirety to read as follows:
"2. Term of Agreement and Time for Performance. This Agreement
shall be effective from the date first set forth above and shall continue in full
force and effect through the earlier of complete rendition of the services
hereunder or December 31, 2023, subject to any earlier termination in
accordance with this Agreement. The services of CONSULTANT as
described in Exhibit A are to commence upon CITY'S issuance of a written
"Notice to Proceed." Work shall be undertaken and completed in a
sequence assuring expeditious completion, but in any event, all such
services shall be completed within 1810 consecutive calendar days from
such authorization to proceed."
DocuSign Envelope ID: A6B88FDF-4E69-4D2F-A367-F6822A53843B
3. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on January 17, 2019, remains in full force and
effect.
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Third Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
OccuSigned by:
By-
�L7 `� 2/16/2023
Brac oche, PE, PLS
Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW��JANZ
City Attv'c4egM1etl by:
A( &jV j �( l/2023
By.
Jenni er uintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD S....TERMER, CMC
City EkvSignetl by:
By:
�MA Pawa 2/17/2023
Deputy Date
Briana Parra
4
CAROLLO ENGINEERS, INC.,
a Delaware corporation
By. rV*wSynld by:
� 2/1/2023
Name:
Paul Amico
Title: vice President
(if corporation or LLC., Board Chair,
Preis. ar Vice Pres.)
By: Fveu5 cgmg bY:
ANt6d ¢5ow's 2/1/2023
y471!.t68D�A5A•iCC.
Name:
Michael Barnes
Title: secretary
(if corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)