1 FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (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 K LEINFELDER, INC., a California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement on June 10, 2022, (Agreement) for professional hydrogeological services in connection with the drilling and construction of a new groundwater production well at Pump Station 372 (Project) for a total fee not to exceed $48,415 and a contingency of $10,000; and
WHEREAS, construction activities associated with the new well have been extended due to the increased depth of the well compared to those typically constructed in the City and additional development that is required due to the abundance of clay formation encountered in the lithology; and
WHEREAS, the City desires to increase the Consultant’s compensation by $46,785 to complete the scope of services for a revised total fee not to exceed $95,200 with $10,000 remaining in contingency; 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.
2. Section 3(a) of the Agreement is amended to read as follows:
“(a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall not exceed $95,200 paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A and a contingency amount not to exceed $10,000 for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director .
Such fee includes all expenses incur red by the Consultant in performance of said services.”
3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on June 10, 2022, remains in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
DocuSign Envelope ID: 5EB80D1A-39A8-4832-91FE-4309DB55C55E 2 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:
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
Supervising Engineering Technician
2101 G Street, Building A
Fresno, CA 93706
Phone: (559) 621-1625
Facsimile: (559) 498-4126
E-mail: [email protected]
KLEINFELDER, 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:
Kleinfelder, Inc.
Attention: Joseph D Zilles, PG,
Senior Principal Hydrogeologist
3731 W Ashcroft Avenue
Fresno, CA 93722
Phone: (559) 486-0750
Facsimile: (559) 442-5081
E-mail: [email protected]
DocuSign Envelope ID: 5EB80D1A-39A8-4832-91FE-4309DB55C55E Vice President, Area Manager
Mark Connelly
12/19/2022
Assistant Secretary
12/19/2022
Dan Brockman
12/19/2022
Clerk Attesting