HomeMy WebLinkAboutCarollo Engineers, Inc. - 2nd Amdnt Agrmnt - 12-14-2021DocuSign Envelope ID: A6B88FDF-4E69-4D2F-A367-F6822A53843B
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMIZNQMENT TQ AGREEMENT (Second Amendment) made
and entered into as of this 4t day of ecem er 2021, 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, 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 (First Amendment), extending the term of the Agreement to March 31, 2022, and
increasing 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, City and Consultant desire to extend the term of the Agreement to
January 31, 2023, to retain the Consultant's services through project completion; and
WHEREAS, with entry into this Second Amendment, Consultant agrees that
Consultant has no claim, demands, or disputes against City.
AGREEMENT
NOW, THEREFORE, City and Consultant agree that the Agreement be
amended as follows:
1. The Recitals set forth above are incorporated herein by reference and made
a part of this Second 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 January 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 1476 consecutive calendar days from
such authorization to proceed."
3. Except as otherwise provided herein, the Agreement, remains in full force
DocuSign Envelope ID: A6B88FDF-4E69-4D2F-A367-F6822A53843B
and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Second
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
❑oeuSigned by:
B EA-
DirectorI'ad 44 12/13/2021
Y
Michael Carfaajal,
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attbo ur�e�d by:
By: PoI.ULvi- .¢ ck 1111512021
Pau ine r`ic ey Date
Deputy City Attorney
ATTEST:
BRIANA PARRA , CMC
Interim City Clerk
❑ocuSignod by:
By: w� C" 12/14/2021
re r'n' a"rd7 Eane'z
Deputy Date
CAROLLO ENGINEERS, INC.,
a Delaware corporation
❑r;cu51gn .d by:
By: tOw�aS �. NI.DSSiwP62/2021
Name.Thomas G. Mossinger, PE
Title: vice President
(If corporation or LLC., Board
qk&,F,ps. Or Vice Pres.)
�l _dka tt'j")-S 11/12/2021
By: _
Michael Barnes
Name:
Title:
secretary
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
DocuSign Envelope ID: A6B88FDF-4E694D2F-A367-F6822A53843B
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CERTIFICATION
This is to certify that the undersigned, Michael W. Barnes, as Corporate Secretary and General
Counsel for Carollo Engineers, Inc., is authorized to state and certify: That by corporate
policy approved by the Board of Directors on 02107/2011, Paul Amico, Vice President, and
Anne Prudhel, Vice President, are authorized to execute engineering service agreements for
the usual and customary engineering business of the company.
Dated: May 9, 2022
Michael W. Barnes
Corporate Secretary & General Counsel
2795 fLldOell Drive, Walnut Creek, Cahivrnia 94596
P 925.932 1710 F. 925 930-0208
carollo.com