HomeMy WebLinkAboutUltraSystems Environmental Inc. - 2nd Amdnt Agrmnt - 2-14-2023SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and
entered into as of this 14T'-' day of February 2023, amends the Agreement entered into
between the City of Fresno, a California municipal corporation (City), and UltraSystems
Environmental Inc., a California Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated
September 8, 2021, for professional environmental services for technical studies and
memoranda for McKinley Avenue Widening between Marks Avenue to Hughes Avenue,
(Agreement); and
WHEREAS, on September 7, 2022, the City and the Consultant executed a First
Amendment to the Agreement, extending the time for performance to September 30,
2023; and
WHEREAS, the Consultant has completed a portion of the professional
engineering services identified in the Agreement;
WHEREAS, during the initial environmental investigations and studies, additional
studies and reporting were identified which are required to comply with NEPA guidelines;
and
WHEREAS, the City and Consultant now desire to modify the scope of work and
increase the compensation, therein, to address these required studies and reporting.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1. Consultant shall provide additional services as described in Attachment A,
attached hereto and incorporated herein by reference. Such additional services shall be
completed within 120 days following execution of this Amendment by both parties.
2. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total fee of $32,716.
3. In the event of any conflict between the body of this Second Amendment
and any exhibit or attachment hereto, the terms and conditions of the body of this Second
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 Second Amendment, shall be null and
void.
ATTACHMENT A
ADDITIONAL SCOPE OF SERVICES
Second Amendment to Consultant Service Agreement between City of Fresno (City)
and UltraSystems Environmental Inc. (Consultant)
McKinley Avenue Widening from Marks Avenue to Hughes Avenue
Consultant (UltraSystems Environmental Inc.) shall perform each of the tasks described
below in accordance with UltraSystems' proposal dated January 12, 2023.
The Consultant fee to provide additional design services is itemized as follows:
Consultant to conduct Preliminary Site Investigations as required by Caltrans to comply
with the National Environmental Policy Act for the McKinley Widening Project between
Marks Avenue and. Hughes Avenue. The soil and groundwater testing will address
potential soil and groundwater contamination concerns for the proposed right-of-way
acquisitions at APN's 442-111-05, 442-111-14 and 442-111-13.
Item Task Description
Tntnl ('nct
1. Health and Safety Planning and Permitting $5,048
2. Soil and Groundwater Sampling and Analysis
APN 442-111-05 (2306 and 2308 West McKinley Avenue) $15,260
3. Soil Sampling and Analysis
APN 442-111-14 and APN 442-111-13 $2,318
4. Data Evaluation, Management and Reporting $4,560
5. Project Management and Review $5,530
Total Cost $32,716
0
4. Except as otherwise provided herein, the Agreement entered into by City
and Consultant, dated September 8, 2021, remains in full force and effect.
[Signatures follow on the next page.]
2
IN WITNESS WHEREOF, the parties have executed this Second Amendment at
Fresno, California, the day and year first above written.
City of Fresno,
a California municipal corporation
By:
Randall W. Morrison, P.E.,
Assistant Director
Public Works Department
ATTEST:
TODD STERMER, CMC
City Cier
By."
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
s/� t,1U I2'J
Quintanilla Date
5en' t�rDeputy City Attorney
Addresses:
CITY:
City of Fresno
Attention: Brandon Chacon
2600 Fresno Street, 4th Floor
Fresno, CA. 93721-3623
Telephone No. (559) 621-8713
FAX. N/A
Attachments: Attachment A
UltraSystems Environmental Inc.,
a California Corporation
By:
Name:
Title: :f l I
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: 4
Name:
Title: �
(If corporation or LLP., CFO Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Brandon Chacon
Projects Administrator
Public Works Department
CONSULTANT:
UltraSystems Environmental Inc.
Attention: Michael Rogozen, D. Env.,
Senior Principal Engineer
16431 Scientific Way
Irvine, CA 92618
Telephone No. (949) 788-4900
FAX: (949) 788-4901