1 SEVENTH AMENDMENT TO AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS SEVENTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of _________________________, 2022 (Effective Date) amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (CITY), and PROVOST & PRITCHARD CONSULTING GROUP, a California Corporation (CONSULTANT).
RECITALS
WHEREAS, the CITY and CONSULTANT entered into an agreement, on January 31, 2017 (Agreement) to provide professional civil engineering consulting services for Engineering Design and Feasibility Analysis for Removal of Trichloropropane (TCP) from Groundwater Extraction Wells for a total fee of $244,000; and WHEREAS, the CITY and CONSULTANT have previously negotiated an increase of $99,000 in CONSULTANT’S Compensation for additional services to provide engineering design for removal of TCP from groundwater at Water Well PS70 (First Amendment to Agreement, dated December 8, 2017); and
WHEREAS, the CITY and CONSULTANT have previously extended the timeline of the Agreement to September 1, 2018 (Second Amendment to Agreement, dated February 8, 2018); and
WHEREAS, the CITY and CONSULTANT previously negotiated an increase of $677,000 in CONSULTANT’S compensation for additional services to provide engineering design for removal of TCP from groundwater at five Well Sites (Third Amendment to Agreement, dated October 4, 2018); and
WHEREAS, the CITY and CONSULTANT previously negotiated a change in the scope of work to include a remedial investigation of the nature and extent of the 1,2,3 - Trichloropropane distribution in groundwater that is impacting subject wells and a reduction of two wells from the remedial design activities. The net addition/subtraction to the scope of work resulted in no net change in cost to the contract (Fourth Amendment to Agreement, dated June 17, 2019); and
WHEREAS, the CITY and CONSULTANT have previously extended the timeline of the Agreement to March 31, 2021 (Fifth Amendment to Agreement, dated January 31, 2020); and
WHEREAS, the CITY and CONSULTANT have previously extended the timeline of the Agreement to January 15, 2022 (Sixth Amendment to Agreement, dated March 10, 2021); and
WHEREAS, the CITY and CONSULTANT desire to extend the timeline of the Agreement to January 31, 2023 to complete the project; and WHEREAS, with entry into this Amendment, the CONSULTANT agrees it has no claim, demand, or dispute against CITY.
DocuSign Envelope ID: BA3C233D-FE52-4138-B65B-4D54401A9D02
2 AGREEMENT
NOW, THEREFORE, the CITY and 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 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 2191 consecutive calendar days from such authorization to proceed.”
2. Except as otherwise provided herein, the Agreement entered into by the CITY and CONSULTANT on January 31, 2017, and the First Amendment executed on December 8, 2017, the Second Amendment executed on February 8, 2018 , the Third Amendment executed on October 4, 2018, the Fourth Amendment executed on June 17, 2019, the Fifth Amendment executed on January 31, 2020, and the Sixth Amendment executed on March 10, 2021, remain in full force and effect.
[Signatures follow on the next page.]
DocuSign Envelope ID: BA3C233D-FE52-4138-B65B-4D54401A9D02
3 IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Director of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC MMC
City Clerk
By:
Date
Provost & Pritchard Consulting Group,
A California 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)
DocuSign Envelope ID: BA3C233D-FE52-4138-B65B-4D54401A9D02 12/22/2021
Keith Mortensen
Vice President
Corporate Secretary
Michael Taylor
12/22/2021
12/22/2021
Clerk Attesting