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HomeMy WebLinkAboutWater System Consulting, Inc. Fourth Amendment To Agreement 10-18-23 UUUU,D1 1I CI MV IUYU IU.D4.7Cr0D't-U4CU-Vf:JU-DUUO-JCMrI+U'#UVO I'# FOURTH AMENDMENT TO AGREEMENT THIS FOYIRTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this th day of October 2023, (Effective Date) amends the Consultant Services Agreement entered into between the City of Fresno, a California municipal corporation (City), and Water System Consulting, Inc., a California corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into a Consultant Services Agreement on June 18, 2020, (Agreement) to provide professional engineering services for development of the 2020 Metropolitan Water Resources Management Plan and Programmatic Environmental Impact Report and 2020 Urban Water Management Plan (Project); and WHEREAS, City and Consultant executed a First Amendment to the Agreement on October 4, 2021, to modify the scope of services to align with the scope of services identified in Request for Proposal and Consultant's proposal; and WHEREAS, City and Consultant executed a Second Amendment to the Agreement on November 15, 2021, to expand the scope of services to include the development of a United States Bureau of Reclamation Water Management Plan and increase the total fee to compensate for the expanded scope of services, paid by the available contract contingency; and WHEREAS, City and Consultant executed a Third Amendment to the Agreement on May 5, 2022, to expand the scope of services to include the development of the Annual Water Supply and Demand Assessment according to guidance from the California Department of Water Resources and increase the total fee to compensate for the expanded scope of services, paid by the available contract contingency; and WHEREAS, the Agreement is effective in full force through the earlier of complete rendition of the services or October 18, 2023; and WHEREAS, the City and the Consultant desire to extend the Agreement to December 31, 2026; and WHEREAS, with entry into this Agreement, the Consultant agrees the Consultant has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended as follows: 1. The above recitals are incorporated and made part of this Amendment. 2. Section 2 of the Agreement shall be replaced, in its entirety, by the following: "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, 2026, 1 UUL;UJIIy.II CI IVCIUPV IL).D'+Z7Cr0D'+-ULCU-'+/ I'+ 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." 3. The Consultant shall receive no additional compensation pursuant to this Amendment. 4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on June 18, 2020, remains in full force and effect. [Signatures appear on the next page.] 2 L/UUUolyl I GIIVCIUjjU IV.D•UE-F0D'4-UGCU"4 l JU-OJJJ-JCMr%,U'#VUO 1•F IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, Water Systems Consulting, Inc., a A municipal corporation California Corporation DacuSigned by: DocuSigned by: By: / �`�/, 10/27/2023 By: �4�t,vT Q. bVVbW 9/28/2023 rac .rBuche, PE, PLS Director of Public Utilities Name: Robert A. Morrow APPROVED AS TO FORM: Title: vice President ANDREW JANZ (If corporation or LLC, Board Chair, City Att9XRgY"ni Pres. or Vice Pres.) /j� 1A�61 UA 10/2/2023 DocuSigned��by: '''' . By: (��( VbWt U o� 9/28/2023 . Quintanilla Date By Senior Deputy City Attorney Name: J e roen of thof ATTEST: TODD STERMER, CMC Title: secretary CITY C (If corporation or LLC, CFO, Treasurer, By: F���c� 3ned by: Secretary or Assistant Secretary) ' At (,6W 10/27/2023 FT6d M Your Date Deputy Addresses: CITY: CONSULTANT: City of Fresno Water Systems Consulting, Inc. Attention: Peter Maraccini, PE, PhD Attention: Jeffrey Szytel, Licensed Engineer Manager President 1626 E Street P.O. Box 4255 Fresno, CA 93706 San Luis Obispo, CA 93403 Phone: (559) 621-1603 Phone: (805) 457-8833 FAX: (559) 498-4126 FAX: (805) 888-2764 3 "uuiiiiiir-iiiiuiii�iioililiiliiilGCU-4I:JV-C:J:JJ-JCF1rliU'4VV01`4 I IIIIIII Illll IIII Ilill IIIII Illff IIIII Illll lllll IIIII IIIII IIIII IIIII IIII IIII BA20231496784 u STATE OF CALIFORNIA For Office Use Only p Office of the Secretary of State -FILED- CORPORATION� a STATEMENT OF INFORMATION r ` California Secretary of State File No.: BA20231496784 " " 1500 11th Street Date Filed: 9/22/2023 n Sacramento,California 95814 (916)653-3516 c G Entity Details Corporation Name WATER SYSTEMS CONSULTING, INC. C 6 Entity No. 3056389 Formed In CALIFORNIA z Street Address of Principal Office of Corporation fD n Principal Address 805 AEROVISTA PLACE m N SUITE 201 C SAN LUIS OBISPO, CA 93401 m Mailing Address of Corporation Mailing Address PO BOX 4255 SAN LUIS OBISPO, CA 93403-4255 Attention JEFFERY MITCHELL SZYTEL N H Street Address of California Office of Corporation n Street Address of California Office None N w Officers U Officer Name Officer Address Position(s) N C� JEROEN OLTHOF PO BOX 4255 Chief Financial Officer, Secretary m SAN LUIS OBISPO, CA 93403-4255 sv n JEFFERY MITCHELL SZYTEL PO BOX 4255 Chief Executive Officer c SAN LUIS OBISPO, CA 93403-4255 0 H U Additional Officers !L Officer Name Officer Address Position Stated Position rD Jorge A Jeffery PO BOX 4255 Other President SAN LUIS OBISPO, CA 93403-4255 Scott B Duren PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Robert G Natoli PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Laine E Carlson PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Jannette D White PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Joshua H Reynolds PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Dylan S Wade PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Robert A Morrow PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Jeffery W Lawrence PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403-4255 Donn 1 -f Uuuu Jiyi CIIvuiuptC lu.D•#.7Cr•O�4-VGCU-'4l:JU-OJ:JJ-J C/irl+V4uV0 I'+ a 0 Michael Cruikshank PO BOX 4255 Vice President G u SAN LUIS OBISPO, CA 93403 © Haili Matsukawa PO BOX 4255 Vice President G G SAN LUIS OBISPO, CA 93403 u © Justin Pickard PO BOX 4255 Vice President SAN LUIS OBISPO, CA 93403 Directors C Director Name Director Address N G Carrie Mattingly PO BOX 4255 SAN LUIS OBISPO, CA 93403-4255 C Dylan S Wade PO BOX 4255 6 SAN LUIS OBISPO, CA 93403-4255 Mitch Lapides PO BOX 4255 SAN LUIS OBISPO, CA 93403-4255 r Doug Headrick PO BOX 4255 SAN LUIS OBISPO, CA 93403-4255 ~ C Jay Lund PO BOX 4255 SAN LUIS OBISPO, CA 93403-4255 Raj Bhattarai PO BOX 4255 SAN LUIS OBISPO, CA 93403-4255 SL © Jeffery Szytel PO BOX 4255 SAN LUIS OBISPO, CA 93403 H C n The number of vacancies on Board of Directors is: 0 N Agent for Service of Process U Agent Name JEFFERY MITCHELL SZYTEL C: Agent Address 805 AEROVISTA PLACE SUITE 201 r SAN LUIS OBISPO, CA 93401 Type of Business Type of Business CIVIL ENGINEERING CONSULTING C Email Notifications U Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Jeroen Oltho f 09/22/2023 Signature Date D­ 0--F 2600 Fresno Street o� �RF Fresno,CA 93721 syo City of Fresno www.fresno.gov y� 01) Staff Report O,�PoRAI File#: ID 23-1491 Agenda Date: 10/19/2023 Agenda #: 1.-X. REPORT TO THE CITY COUNCIL FROM: BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY: PETER A. MARACCINI, PE, PhD, Licensed Engineer Manager Department of Public Utilities - Utilities Planning & Engineering SUBJECT Approve the Fourth Amendment to the consultant services agreement with Water Systems Consulting, Inc., to extend the term of the contract to December 31, 2026, for the development of the Metropolitan Water Resources Management Plan, Programmatic Environmental Impact Report and 2020 Urban Water Management Plan (Citywide). RECOMMENDATION Staff recommends City Council approve the Fourth Amendment to the consultant services agreement with Water Systems Consulting, Inc., to extend the term of the contract from October 18, 2023, to December 31, 2026, for the development of the Metropolitan Water Resources Management Plan, Programmatic Environmental Impact Report and 2020 Urban Water Management Plan; and authorize the Director of Public Utilities, or designee, to sign the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities (DPU) is currently working with Water Systems Consulting, Inc. (WSC) to renew its long-range water supply planning document known as the Metropolitan Water Resources Management Plan (Metro Plan) and its associated Programmatic Environmental Impact Report (PEIR). The current consultant services agreement expires October 18, 2023, and the City desires to extend the agreement to December 31, 2026, to allow for the completion of the Metro Plan and PEIR with necessary periods for environmental review, public comment, and adoption by City Council. The effective date of the Fourth Amendment is October 18, 2023. BACKGROUND In recognition of the vulnerability of the City's water supply system, as highlighted in the late 1980s by widespread regional groundwater contamination from agricultural pesticides, City Council in 1990 directed City staff to prepare a long-range water supply plan. City staff, with assistance from water supply consultants, initiated a multi-year analysis of water resources and water supply alternatives. City of Fresno Page 1 of 3 Printed on 10/13/2023 powered by Legistar-