1 FOURTH AMENDMENT TO
AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ______ day of _______________ 2023, (Effective Date) amends the Consultant Services Agreement entered into between the C ity of Fresno, a California municipal corporation (City), and Water System Consulting, Inc., a California corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into a Consultant Services Agreement on June 18, 2020, (Agreement) to provide professional engineering services for development of the 2020 Metropolitan Water Resources Management Plan and Programmatic Environmental Impact Report and 2020 Urban Water Management Plan (Project); and
WHEREAS, City and Consultant executed a First Amendment to the Agreement on October 4, 2021, to modify the scope of services to align with the scope of services identified in Request for Proposal and Consultant’s proposal; and WHEREAS, City and Consultant executed a Second Amendment to the Agreement on November 15, 2021, to expand the scope of services to include the development of a United States Bureau of Reclamation Water Management Plan and increase the total fee to compensate for the expanded scope of services, paid by the available contract contingency; and
WHEREAS, City and Consultant executed a Third Amendment to the Agreement on May 5, 2022, to expand the scope of services to include the development of the Annual Water S upply and Demand Assessment according to guidance from the California Department of Water Resources and increase the total fee to compensate for the expanded scope of services, paid by the available contract contingency; and WHEREAS, the Agreement is effective in full force through the earlier of complete rendition of the services or October 18, 2023; and
WHEREAS, the City and the Consultant desire to extend the Agreement to December 31, 2026; and
WHEREAS, with entry into this Agreement, the Consultant agrees the Consultant 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 above recitals are incorporated and made part of this Amendment.
2. Section 2 of the Agreement shall be replaced, in its entirety, by the following:
“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, 2026, DocuSign Envelope ID: B49EF8B4-02E0-4750-B553-3EAFC04D0814
2 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.”
3. The Consultant shall recei ve no additional compensation pursuant to this Amendment.
4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on June 18, 2020, remains in full force and effect.
[Signatures appear on the next page.]
DocuSign Envelope ID: B49EF8B4-02E0-4750-B553-3EAFC04D0814
3 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
CITY Clerk
By:
Date
Deputy
Water Systems Consulting, 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)
Addresses:
CITY:
City of Fresno
Attention: Peter Maraccini, PE, PhD
Licensed Engineer Manager
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1603
FAX: (559) 498-4126
CONSULTANT:
Water Systems Consulting, Inc.
Attention: Jeffrey Szytel,
President
P.O. Box 4255
San Luis Obispo, CA 93403
Phone: (805) 457-8833
FAX: (805) 888-2764
DocuSign Envelope ID: B49EF8B4-02E0-4750-B553-3EAFC04D0814 Robert A. Morrow
Vice President
9/28/2023
9/28/2023
Jeroen Olthof
Secretary
10/2/2023
Clerk Attesting