FIFTH AMENDMENT TO AGREEMENTTHIS FIFTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of ____________, 2025, 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), 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 $429,850; and WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Agreement on December 20, 2022 (First Amendment) to expand the scope of services and increase monetary consideration in the amount of $230,600, for a revised total contract value 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 and increase monetary consideration in the amount of $85,200, for a revised total contract value of $745,650; and WHEREAS, the CITY and CONSULTANT entered into a Third Amendment to the Agreement on October 27, 2023 (Third Amendment) to expand the scope of services and increase monetary consideration in the amount of $644,753, for a revised total contract value of $1,390,403; and WHEREAS, the CITY and CONSULTANT entered into a Fourth Amendment to the Agreement on November 6, 2024 (Fourth Amendment) to expand the scope of services and increase monetary consideration in the amount of $526,490 for a revised total contract value of $1,916,893; and WHEREAS, ongoing services have become necessary at the Fresno Sanitary Landfill Superfund Site; and WHEREAS, the CITY and CONSULTANT now desire to enter into this Fifth Amendment to expand the scope of services, increase monetary consideration in the amount of $383,798, for a revised total contract value of $2,300,691, and extend the term of the Agreement from June 30, 2025 to 31, 202 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 2 1. The recitals to this Amendment are incorporated and made a part of thisAmendment.The Agreement is extended to 31, 202.Exhibit A of the Agreement is amended to expand the scope of services as4. Consultant’s sole compensation for satisfactory performance of all servicesrequired or rendered pursuant to this Agreement shall be a total fee of Two Million, Three Hundred Thousand and Six Hundred Ninety One Dollars ($2,300,691). Such fee includes all expenses incurred by CONSULTANT in performance of the services.” 5. Except as otherwise provided herein, the Agreement entered into by Cityand Consultant, dated February 1, 2022 remains in full force and effect. [SIGNATURES FOLLOW ON THE NEXT PAGE] 3 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: Nicholas D. Mascia, PE, TE,PTOEAssistant City Manager Public Works, Utilities, and Capital Projects APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Angela M. Karst DateSenior Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk By: Deputy Date CDM Smith, 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) REVIEWED BY: Sarah J. Lambeth Senior Management Analyst Capital Projects Department
COMPENSATIONCDM Smith, Inc., will complete the Fifth Amendment scope of Services for a total fee not to exceed the values below: Fifth Amendment Compensation Task 1 – Performance MonitoringTask 2 – Remedial Action Systems Operations AssistanceTask 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1)Task 5 – Project Management/Project MeetingsTask 6 – Landfill Regrading Design Services $135,948.00$133,492.00 $0.00$38,572.00$90,725.00$-14,939.00TOTAL PROFESSIONAL SERVICES FEE $383,798.00Fourth Amendment Task 1 – Performance MonitoringTask 2 – Remedial Action Systems Operations AssistanceTask 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $146,500.00$190,690.00$0.00$76,800.00$65,000.00$47,500.00TOTAL PROFESSIONAL SERVICES FEE $526,490.00Third AmendmentTask 1 – Performance MonitoringTask 2 – Remedial Action Systems Operations AssistanceTask 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $286,747.00$79,940.00$0.00$121,400.00$95,446.00$61,220.00TOTAL PROFESSIONAL SERVICES FEE $644,753.00Second Amendment Task 1 – Performance MonitoringTask 2 – Remedial Action Systems Operations AssistanceTask 3 – Site Delisting Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $0.00$0.00$0.00$75,200.00$10,000.00$0.00TOTAL PROFESSIONAL SERVICES FEE $85,200 First AmendmentTask 1 – Performance MonitoringTask 2 – Remedial Action Systems Operations AssistanceTask 3 – Site Delisting DiscussionsTask 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 6 – Landfill Regrading Design Services $65,850.00$61,230.00$0.00$52,200.00$44,320.00$7,000.00TOTAL PROFESSIONAL SERVICES FEE $230,600.00Original Contract Amount Task 1 – Performance MonitoringTask 2 – Remedial Action Systems Operations AssistanceTask 3 – Site Delisting DiscussionsTask 4 – Site Investigation Activities (OU-1)Task 5 – Project Management/Project MeetingsTask 6 – Landfill Regrading Design Services$56,160.00$87,490.00$0.00$51,570.00$62,870.00$171,760.00TOTAL PROFESSIONAL SERVICES FEE $429,850.00TOTAL AMENDED CONTRACT AMOUNT: $2,300,691.00SCHEDULECompletion of Services 31, 202