1 SECOND AMENDMENT TO
AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this day of __________ 2022, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and V&A CONSULTING ENGINEERS, INC., a California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement on February 9, 2021, (Agreement) to conduct an odor and corrosion investigation of the existing sanitary sewer collection system and prepar e a Basis of Design Report outlining corrective odor and corrosion control measures (Project) for a total fee not to exceed $2 01,401 and a contingency of $20,000; and
WHEREAS, the City and the Consultant entered into a first amendment on March 24, 2022, to expand the scope of services to include the arrangement of technology demonstrations relative to odor and corrosion control and increased the Consultant’s compensation by $5,074 utilizing Project contingency for a revised total fee not to exceed $206,475 and balance of $14,926 remaining in contingency; and
WHEREAS, the City and the Consultant desire to further expand the scope of services to include, but not be limited to, technical assistance and implementation of technology trials that will allow for the evaluation of the proposed treatment and control measures in mitigating odors and corrosion within the sanitary sewer collection system prior to installation of permanent facilities; and
WHEREAS, the City desire s to increase the Consultant’s compensation by $313,886 to complete the amended scope of services for a revised total fee not to exceed $515,287 and balance of $14,926 remaining in contingency; and
WHEREAS, the additional services will require an extension of the original completion date from December 31, 2022 to December 31, 2023; and
WHEREAS, with entry into this Amendment, the Consultant agrees it 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 recitals to this Amendment are incorporated and made a part of this Amendment.
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53 2 2. Exhibit A of the Agreement is amended to expand the scope of services as indicated in Exhibit A2 attached hereto and incorporated herein by reference.
3. The Term of Agreement is extended to December 31, 2023, and Time for Performance is increased to 1,050 consecutive calendar days.
4. The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall not exceed $313,886 paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A2. Such fee includes all expenses incurred by the Consultant in performance of said services.
5. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on February 9, 2021, and amended on March 24, 2022, remain in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53 3 IN WITNESS WHEREOF, the Parties have executed this 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:
RINA M. GONZALES
Interim 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
Supervising Engineering Technician 2101
G Street, Building A
Fresno, CA 93706
Phone: (559) 621-1625
FAX: (559) 498-4126
V&A CONSULTING ENGINEERS, INC.,
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)
CONSULTANT:
V&A Consulting Engineers, Inc.
Attention: Debra Kaye, PE,
V&A President
1000 Broadway, Suite 320
Oakland, CA 94607
Phone: (858) 576-0226
FAX: (510) 903-6601
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53 7/6/2022
President
Debra Kaye
7/6/2022
Controller
Kim Costa
7/6/2022
Clerk Attesting
Exhibit A2
SECOND AMENDMENT TO SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("City") and V&A Consulting Engineers, Inc. ("Consultant")
Odor and Corrosion Investigation of the Existing Sanitary Sewer Collection System
Basic Services
1. Project Management: The objective of this task is to track and execute the project in accordance with the schedule, budget, and quality expectations that are established. This task includes the following project management work activities:
a. Monitor project progress, including work completed by technology providers, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion; manage activities within total project budget.
b. Monitor project activities for potential changes and anticipate changes whenever possible; with approval, modify project tasks, task budgets, and approach to keep the overall project within budget and on schedule.
c. Manage the quality of all work activities and project deliverables.
d. Coordinate activities between technology providers and the City for the implementation of technology trials.
e. Meetings: Consultant will coordinate two (2) Kickoff Meetings with the City and each technology providers and one (1) Trial Evaluation Meeting with the City to summarize the observations derived from the execution of the trials.
Deliverables
• Meeting Agenda and Minutes
• Monthly Schedule Updates
2. Document Review: Consultant will review the technology trial proposals, trial schedules, and trial plans as made available by the technology providers. This will include plan and profile drawings, proposed dosing strategies including mobilization and dosing schedule, downstream monitoring evaluation plan, equipment specifications, and safety data sheets. Consultant will provide an evaluation summary report for each presented proposal.
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53 Second Amendment to Scope of Services
Odor and Corrosion Investigation of the Existing Sanitary Sewer Collection System
Deliverables
• Evaluation Summary Report for Each Proposal
3. Technical Services
a. Engineering Services During Construction: Consultant will provide as - needed desktop assistance to the City with the design of site civil improvements required for the proposed temporary odor control dosing equipment. Consultant will coordinate activities between the City and the technology providers for the on- schedule completion of civil site improvements and mobilization/start -up of trial dosing equipment by each technology provider.
b. Engineering and Subcontractor Services During Trials: Consultant will procure and manage contracts with technology providers for implementation of two different types of technology trials at three different sites throughout the City. Consultant will provide as -needed communications with the City and technology providers along with real time assessment of field data gathered during third-party execution of the technology trials.
c. Trial Evaluation Report: A report will be provided summarizing the findings of the technology trials and updating the implementation strategy and budget costs (operational and capital) of permanent dosing sites.
Deliverables
• Trial Evaluation Report
4. Site Visits (if needed):
a. Consultant will coordinate and perform a one (1) day visit to the proposed trial loc ations to evaluate that the necessary civil site improvements for technology trials are in place prior to their execution.
b. Consultant will coordinate and perform one (1) visit per site during the technology trial to evaluate the performance of the systems. The visits will include grab sampling at monitoring locations for gas and liquid parameters including dissolved sulfide, pH, ORP, temperature, and hydrogen sulfide gas. Traffic control to access monitoring manholes will be provided by the City. The interpretation of the measurements will be incorporated in to the Trial Evaluation Report.
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53 Second Amendment to Scope of Services
Odor and Corrosion Investigation of the Existing Sanitary Sewer Collection System
Exclusions and Limitations
The following items, unless otherwise indicated, are not included in the scope of work:
1. Traffic Control Plans and Permits
2. Traffic Control Measures, including but not limited to sign boards, cones, and flaggers
3. Encroachment Permits
4. Other permitting associated with the execution of the trials
5. Bonds
Schedule of Fees
V&A Consulting Engineers
2022 Fee Schedule
Position Rate
Principal-in-Charge (PIC) $305
Senior Project Manager $267
Project Manager $250
Senior Project Engineer $234
Project Engineer $209
Associate Engineer $187
Graduate Engineer $152
CADD Designer $152
Engineering Associate $141
Senior Technician $134
Technician $117
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53 Second Amendment to Scope of Services
Odor and Corrosion Investigation of the Existing Sanitary Sewer Collection System
Project Admin/Clerical $93
Forensic Engineering $425
Deposition/Court Appearance $550
Other Direct Costs
Subcontractor/Subconsultant: Cost + 5%
Travel (Air/Hotel/Per Diem/Rent-A-Car): @ Cost
Auto/Truck Mileage: @Federal Rate
Field Truck: $85/Day
Confined Space Entry Truck and Safety Equipment: $130/Day Reproduction, Printing, Shipping: @ Cost
DocuSign Envelope ID: 0251AB8A-51BD-4F61-AE28-C92EE3BADB53