THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of _________ 2023, amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as CITY), and CDM Smith, Inc., a Massachusetts Corporation (hereinafter referred to as CONSULTANT).
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Consultant Services Agreement on February 1, 2022 (Agreement), as amended on December 20, 2022 (First Amendment) to provide professional consulting services for Environmental Groundwater Remedial Action and Regrading Design for the Fresno Sanitary Landfill Superfund Site for a total fee of $660,450; and
WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Agreement on March 31, 2023 (Second Amendment) to expand the scope of services for a total fee of $745,650; and
WHEREAS, the CITY and CONSULTANT desire to expand the scope of services and extend the agreement to June 30, 2025, to complete the expanded requirements from the US Environmental Protection Agency; and
WHEREAS, due to the need for additional services, the parties desire to increase the total compensation by an additional $644,753 to complete the expanded Scope of Services; and
WHEREAS, with entry into this Amendment, CONSULTANT agrees that it has no claim, demands, or disputes against the CITY.
AGREEMENT
NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows:
1. Exhibit A of the Agreement is amended to expand the scope of services as indicated in Exhibit A, attached hereto, and incorporated herein by reference.
2. Section 3(a) of the Agreement is amended in its entirety to read as follows:
“(a) CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of One Million Three Hundred Ninety Thousand Four Hundred and Three Dollars ($1,390,403). Such fee includes all expenses incurred by CONSULTANT in performance of the services.”
3. Except as otherwise provided herein, the Agreement, First Amendment and Second Amendment entered into by the City and Consultant, remain in full force and effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this Third 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:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
CDMSmith,Inc.,
a Massachusetts 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)
Attachment: Exhibit A – Scope of Services