HomeMy WebLinkAboutCarollo Engineers, Inc - 3rd Amdnt to Agrmt - 03-31-2023VUVU,D1y1I CI IVUIuptC IV. M7/1000OV-IJMU�WJCC-�V�V-VOJr/.7JM%�4M/
THIRD AMENDMENT TO
AGREEMENT
THIS THIRD AM�N-WENT TO AGREEMENT (Amendment) made and entered into
as of this 31 day of March, 2023, amends the Agreement theretofore entered between
the CITY OF FRESNO, a California municipal corporation (CITY), and CAROLLO
ENGINEERS, INC., a Delaware corporation, (CONSULTANT).
RECITALS
WHEREAS, the CITY and the CONSULTANT entered into an agreement on
July 1, 2019, (Agreement) to provide professional consulting engineering services for the
North Avenue Sewer Trunk Main Realignment (Project) for a total fee not to exceed
$210,920, including a contingency amount of $20,000; and
WHEREAS, the First Amendment to the Agreement was executed on October 26,
2020, to make use of the $20,000 contingency amount in its entirety and additionally
increase the compensation in the amount of $3,570 for a total fee not to exceed $214,490,
for additional design services, and greater than anticipated Burlington North Santa Fe
Railway permitting efforts, and extended the term of the Agreement to December 17, 2021;
and
WHEREAS, the Second Amendment to the Agreement was executed on
December 14, 2021, and extended the term of the Agreement to March 31, 2023; and
WHEREAS, the City and the Consultant have agreed to a compensation increase in
the amount of $180,500, including a contingency amount of $22,000 for greater than
anticipated realignment project construction support services consisting of submittal
reviews of revised structures, coordination related to utility conflicts including the extensive
design alternatives exploration, necessary construction support services through the end of
realignment project and the design and construction support services on the emergency
repair to the deteriorated segment of North Avenue sewer trunk main; and
WHEREAS, the City and the Consultant have agreed to amend the meaning of
compensation language on the original agreement from Total Fee basis to Time and
Materials basis; and
WHEREAS, the City and the Consultant desire to extend the Agreement to March 31,
2025 to complete the Project; and
WHEREAS, with entry into this Amendment, the CONSULTANT agrees it has no
claim, demand, or dispute against the CITY.
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AGREEMENT
NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid
Agreement be amended as follows:
1. 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
March 31, 2025, 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 2,100 consecutive
calendar days from such authorization to proceed."
2. Section 3(a) of the Agreement is amended in its entirety to read as follows:
"(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee
not to exceed Three Hundred Seventy Two Thousand Nine Hundred Ninety
Dollars ($372,990), paid on a time and materials basis in accordance with the
schedule of fees dated January 1, 2023 (incorporated herein), and a
contingency amount not to exceed Twenty Two Thousand Dollars ($22,000)
for any additional work rendered pursuant to Subsection (c) below and
authorized in writing by the Director."
3. Except as otherwise provided herein, the Agreement and Amendments
entered into by the CITY and the CONSULTANT, remain in full force and effect.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
DocuSigned by:
, 7
By: ,D &/ 3/31/2023
Broc uche, PE, PLS,
Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City �dcLS/g d by:
By: 3/20/2023
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:Lt
Signed by:
A. �l. (�DUV' 3/31/2023
Deputy Date
Tina M Your
Carollo Engineers, Inc.,
a Delaware corporation
By. FDocuSigned by:
- 3/20/2023
Name:
Paul Amico
Title: vice President
(If corporation or LLC., Board Chair,
zr,jpe Pres.)
By:
7N1�%A,ad Ij0WA 3/20/2023
Name:
Michael Barnes
Title: secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
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CAROLLO ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2023
California
Hourly Rate
Engineers/Scientists
Assistant Professional
$214.00
Professional
263.00
Project Professional
311.00
Lead Project Professional
330.00
Senior Professional
349.00
Technicians
Technicians
161.00
Senior Technicians
224.00
Support Staff'
Document Processing / Clerical
143.00
Project Equipment Communication Expense 14.00
(PECE) Per DL Hour
Other Direct Expenses
Travel and Subsistence at cost
Mileage at IRS Reimbursement Rate $.655 per mile
Effective January 1, 2023
Subconsultant cost + 10%
Other Direct Cost cost + 10%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
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Engineers... Working Wonders With Waters
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 02/07/2011, 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 Mitchell Drive, Walnut Creek, California 94598
P. 925.932.1710 F. 925.930.0208
carollo.com