SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of December 2021, amends the Agreement thereto fore entered between the CITY OF FRESNO, a California municipal corporation ( City), and CAROLLO ENGINEERS, INC., a Delaware corporation, (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an agreement on July 1, 2019, (Agreement) to provide professional consulting engineering services for the North Avenue Sewer Trunk Main Realignment (Project), for a total fee not to exceed $210,920, inclusive of a $20,000 contingency; and
WHEREAS, the First Amendment to the Agreement was executed on October 26, 2020, to increase compensation in the amount of $23,570 for additional design services , and extended the term of the Agreement to December 17, 2021; and
WHEREAS, City and the C onsultant jointly acknowledge there was a greater than anticipated time period to secure the necessary Burlington Northern Santa Fe Railroad crossing agreement; and
WHEREAS, the City and the Consultant desire to extend the Agreement to March 31, 2023 to complete the Project; and
WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the City and the C onsultant 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 March 31, 20 23, 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 1,369 consecutive calendar days from such authorization to proceed.”
2. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant, dated July 1, 2019, amended on October 26, 2020, remain in full force and effect.
DocuSign Envelope ID: F9CFE7EA-D5EC-4DEF-AA28-ACC364A8461C 14th December
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Michael Carbajal, Director
Department of Public Utilities
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Brandon M. Collet Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER
City Clerk
By:
Date
Deputy
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)
DocuSign Envelope ID: F9CFE7EA-D5EC-4DEF-AA28-ACC364A8461C 11/24/2021
Senior Vice President
Ken Wilkins
11/24/2021
Michael Barnes
Secretary
11/24/2021
12/13/2021
12/14/2021
Bernard Canez