1 FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT (Fifth Amendment) made and entered into as of this _____ day of ____________ 2023, amends t he Agreement entered into between the CITY OF FRESNO, a California m unicipal corporation (City), and CAROLLO ENGINEERS, INC., a Delaware corporation (Consultant).
RECITALS
WHEREAS, the City’s Wastewater Mana gement Division oper ates the Fresno- Clovis Regional Wastewater Reclamation Fa cility (RWRF) in accordance with Waste Discharge Requirements (WDR) Order R5-2018-0080 adopted by the Central Valley Regional Water Quality Control Board (Board) on December 13, 2018; and WHEREAS, the City and Cons ultant entered into an agreement on May 21, 2019, (Agreement) to provide professi onal consulting services for the preparation of workplans for the evaluation of the ex isting groundwater monitoring network and an arsenic and manganese assessment at the RWRF (Workplans) as required by the WDR for a total fee of $250,000; and
WHEREAS, the First Amendment to Ag reement, made and entered into on October 25, 2019, expanded the scope of services to include an evaluation of domestic wells located in the vicinity of the RWRF in preparation of the Work plans and as required by the Board, and provided an increase in the amount of $49,287 for a total fee of $299,287; and
WHEREAS, the Second Amendment to Ag reement, made and entered into on April 16, 2020, expanded the scope of services to include completion of the Arsenic and Manganese Groundwater Compliance Assessment R eport (As/Mn Report) as required by the WDR and in accordance with the approved Workplans, provided an additional increase in the amount of $690,044 for a total fee of $989,331, and provided an extension to the Agreement; and
WHEREAS, the Third Amendment to Ag reement, made and entered into on October 18, 2021, expanded the scope of services to include support for the construction of groundwater monitoring wells and review of groundwater data ut ilizing existing funds, and provided an extension to the Agreement; and
WHEREAS, the Fourth Amendment to Ag reement, made and entered into on January 6, 2023, increased the compensation by $111,810 allowing for continued support during the implementation of the Ar senic and Manganese Groundwater Compliance Assessment and the Workplans, as well as prepar ation of the resulti ng technical report required by the WDR; and
WHEREAS, the Consultant has completed all required compliance activities and submitted the documents to the Board for review and comment, but has not received a letter of determination from the Board illustrating the City’s compliance with the WDR; and WHEREAS, the scope of work requires that the Consultant respond to all comments and revisions required by the Board as a result of the review, and as such, the City and the Consultant desire to extend the term of the Agreement; and WHEREAS, with entry into this Fifth Am endment, the Consultant agrees it has no DocuSign Envelope ID: 15F9EFF2-AE43-4ABE-9D0C-084BCA58DB81 2 claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals listed above are incorpor ated herein and made a part of this Fifth Amendment.
2. Section 2 of the Agreement is am ended in its entirety to read as follows:
“2. Term of Agreement and Time for Pe rformance. 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 serv ices hereunder or December 31, 2025, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A, Exhibit A1, Exhi bit A2.1, and Exhibit A3 are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion.
3. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant, dated May 21, 2019, and amended on October 25, 2019, April 16, 2020, October 18, 2021, and January 6, 2023, remains in full force and effect.
[Signatures follow on the next page.]
DocuSign Envelope ID: 15F9EFF2-AE43-4ABE-9D0C-084BCA58DB81 3 IN WITNESS WHEREOF, the parties have executed this Fifth 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
Project Manager
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1625
E-mail: [email protected]
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)
CONSULTANT:
Carollo Engineers, Inc.
Attention: Ryan Sellman, PE
Vice President
1401 Fulton Street #802
Fresno, CA 93721
Phone: (559) 436-6616
E-mail: [email protected]
DocuSign Envelope ID: 15F9EFF2-AE43-4ABE-9D0C-084BCA58DB81 Ryan Sellman
Vice President
11/8/2023
Anne E Prudhel
11/9/2023
Senior Vice President
11/9/2023
Clerk Attesting