HomeMy WebLinkAboutCarollo Engineers, Inc Fifth Amendment to Agreement 11-27-231
FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT (Fifth Amendment) made and entered
into as of this _____ day of ____________ 2023, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and CAROLLO
ENGINEERS, INC., a Delaware corporation (Consultant).
RECITALS
WHEREAS, the City’s Wastewater Management Division operates the Fresno-
Clovis Regional Wastewater Reclamation Facility (RWRF) in accordance with Waste
Discharge Requirements (WDR) Order R5-2018-0080 adopted by the Central Valley
Regional Water Quality Control Board (Board) on December 13, 2018; and
WHEREAS, the City and Consultant entered into an agreement on May 21, 2019,
(Agreement) to provide professional consulting services for the preparation of workplans
for the evaluation of the existing groundwater monitoring network and an arsenic and
manganese assessment at the RWRF (Workplans) as required by the WDR for a total fee
of $250,000; and
WHEREAS, the First Amendment to Agreement, made and entered into on
October 25, 2019, expanded the scope of services to include an evaluation of domestic
wells located in the vicinity of the RWRF in preparation of the Workplans and as required
by the Board, and provided an increase in the amount of $49,287 for a total fee of $299,287;
and
WHEREAS, the Second Amendment to Agreement, made and entered into on
April 16, 2020, expanded the scope of services to include completion of the Arsenic and
Manganese Groundwater Compliance Assessment Report (As/Mn Report) as required by
the WDR and in accordance with the approved Workplans, provided an additional increase
in the amount of $690,044 for a total fee of $989,331, and provided an extension to the
Agreement; and
WHEREAS, the Third Amendment to Agreement, made and entered into on
October 18, 2021, expanded the scope of services to include support for the construction
of groundwater monitoring wells and review of groundwater data utilizing existing funds,
and provided an extension to the Agreement; and
WHEREAS, the Fourth Amendment to Agreement, made and entered into on
January 6, 2023, increased the compensation by $111,810 allowing for continued support
during the implementation of the Arsenic and Manganese Groundwater Compliance
Assessment and the Workplans, as well as preparation of the resulting technical report
required by the WDR; and
WHEREAS, the Consultant has completed all required compliance activities and
submitted the documents to the Board for review and comment, but has not received a letter
of determination from the Board illustrating the City’s compliance with the WDR; and
WHEREAS, the scope of work requires that the Consultant respond to all comments
and revisions required by the Board as a result of the review, and as such, the City and the
Consultant desire to extend the term of the Agreement; and
WHEREAS, with entry into this Fifth Amendment, the Consultant agrees it has no
DocuSign Envelope ID: 15F9EFF2-AE43-4ABE-9D0C-084BCA58DB81
November 27th
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claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals listed above are incorporated herein and made a part of this Fifth
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, 2025, subject
to any earlier termination in accordance with this Agreement. The services of the Consultant
as described in Exhibit A, Exhibit A1, Exhibit A2.1, and Exhibit A3 are to commence upon
the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and
completed in a sequence assuring expeditious completion.
3. Except as otherwise provided herein, the Agreement entered into by the City
and the Consultant, dated May 21, 2019, and amended on October 25, 2019, April 16,
2020, October 18, 2021, and January 6, 2023, remains in full force and effect.
[Signatures follow on the next page.]
DocuSign Envelope ID: 15F9EFF2-AE43-4ABE-9D0C-084BCA58DB81
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IN WITNESS WHEREOF, the parties have executed this Fifth Amendment at
Fresno, California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Anita Luera
Project Manager
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1625
E-mail: Anita.Luera@fresno.gov
CAROLLO ENGINEERS, INC.,
A Delaware corporation
By:
Name:
Title:
(If corporation or LLC., Board
Chair, Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO.,
Treasurer, Secretary or Assistant
Secretary)
CONSULTANT:
Carollo Engineers, Inc.
Attention: Ryan Sellman, PE
Vice President
1401 Fulton Street #802
Fresno, CA 93721
Phone: (559) 436-6616
E-mail: RSellman@carollo.com
DocuSign Envelope ID: 15F9EFF2-AE43-4ABE-9D0C-084BCA58DB81
Ryan Sellman
Vice President
11/8/2023
Anne E Prudhel
11/9/2023
Senior Vice President
11/9/2023
11/27/2023
11/27/2023
Tina M Your