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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Second Amendment) made and entered into as of this day of , 2025, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and AECOM Technical Services, Inc., a California corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into a Consultant Services Agreement on June 10, 2022 (Agreement), to provide professional engineering services for wellhead treatment improvements at Pump Station 101A (Project), for a total fee not to exceed $233,200, paid on a time and material s basis, and a contingency amount not to exceed $20,000; and
WHEREAS, the City and the Consultant entered into the First Amendment to the Agreement on December 31, 2024, to extend the term of the A greement to December 31, 2026, at no additional cost; and
WHEREAS, additional engineering services have become necessary to revise the final plans by updating instrumentation requirements and shifting responsibility for procurement of the wellhead treatment facilities from an owner furnished, contractor installed approach to a contractor furnished and installed approach; and WHEREAS, the City and the Consultant now desire to enter into this Second Amendment to modify the scope of services for a fee not to exceed $32,463 paid on a time and materials basis in accordance with the updated schedule of fees contained in Exhibit A-1 attached hereto, increasing the total contract to an amount not to exceed $265,663 with a contingency amount not to exceed $20,000; and
WHEREAS, the City and the Consultant desire to extend the term of the Agreement to December 31, 2028, to complete the project; and
WHEREAS, with entry into this Second Amendment, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above Recitals, which Recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the Agreement be amended as follows:
1. The Consultant shall provide additional services as described in Exhibit A-1, attached hereto and incorporated herein by reference.
2. The Term of the Agreement shall be extended through December 31, 2028.
3. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Second Amendment shall be an amount not to exceed $32,463, paid on time and material basis.
4. Such additional services shall be completed by December 31, 202 8, following execution of this Second Amendment by both parties. 2 552198v1
5. In the event of any conflict between the body of this Second Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this Second Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between parties, provided for within the body of this Second Amendment, shall be null and void.
6. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated June 10, 2022, remains in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE.]
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IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Francisco V. Magos II, PE
Assistant Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Sukhman S. Sekhon Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
AECOM Technical Services, Inc.,
a California corporation
B y :
N a m e :
T i t l e :
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.)
B y :
N a m e :
T i t l e :
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
REVIEWED:
B y :
Sarah Lambeth
Senior Management Analyst
Capital Projects Department
Addresses:
CITY:
City of Fresno
Attention: Anita Luera
Project Manager
747 R Street, 2
nd Floor
Fresno, CA 93721
Phone: (559) 621-8834
E-mail: anita.luera
@fresno.gov
CONSULTANT:
AECOM Technical Services, Inc.
Attention: Eric Garibay, PE
Senior Engineer
8050 N Palm Avenue, Suite 355
Fresno, CA 93711
Phone: (559) 448-8222
E-mail: eric.
[email protected]
Attachment: Exhibit A-1
Eric Garibay
Managing Engineer
Daniel Cronquist
Department Manager
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Exhibit A-1
ADDITIONAL SCOPE OF SERVICES
Consultant Service Second Amendment to Agreement between City of Fresno (City) and AECOM Technical Services, Inc. (Consultant)
SCOPE OF WORK
Wellhead treatment improvements at Pump Station 101A additional scope of services includes plan revisions to address comments previously provided by the city and to shift responsibility for procurement of the wellhead treatment facilities from an owner furnished, contractor installed approach to a contractor furnished and installed approach, preparing plan sheets and technical specifications for the GAC and Manganese treatment vessels, and revising the instrumentation plans and details.
COMPENSATION
Consultant proposes to complete the Second Amendment scope of services on a time and material basis, for a total fee not to exceed the values below:
Second Amendment Compensation
Part 1: Project Management $0
Part 2: Initial Study CEQA and Permitting Assistance $0 Part 3: Planning and Engineering $0
Part 4: Plans, Specifications and EOPCC $27,795
Part 5: Advertising and Award Assistance $806
Part 6: Construction Phase Engineering Services $1,701
Part 7: Prepare SWRCB-DDW OP Plans + Assist with Startup and Closeout $2,161 TOTAL PROFESSIONAL SERVICE FEE $32,463
First Amendment Compensation
Professional services fee per First Amendment
(Time Extension Only) $0,000 TOTAL PROFESSIONAL SERVICE FEE $0,000
Original Contract Amount
Part 1: Project Management $9,800
Part 2: Initial Study CEQA and Permitting Assistance $22,600 Part 3: Planning and Engineering $32,300
Part 4: Plans, Specifications and EOPCC $107,000
Part 5: Advertising and Award Assistance $17,500
Part 6: Construction Phase Engineering Services $22,000 Part 7: Prepare SWRCB-DDW OP Plans + Assist with Startup and Closeout $22,000 TOTAL PROFESSIONAL SERVICE FEE $233,200
TOTAL AMENDED CONTRACT AMOUNT: $265,663
With a remaining contingency amount not to exceed: $20,000 5 552198v1
SCHEDULE
Agreement Expiration December 31, 2028