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FIRST AMENDMENT
TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered the day of 2025 (Effective Date), amends the Consultant Services Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and Provost & Pritchard Engineering Group, a California Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into a Consultant Services Agreement on September 12, 20 24 (Agreement), to provide professional engineering services for The Leaky Acres Groundwater Recharge Facility Project (Project) for a total fee not to exceed $310,567, paid on a time and materials basis; and WHEREAS, improvements in design and construction efficiencies have identified that the grant funding can allow for additional design improvement scope; and WHEREAS, site conditions and gaps in available records have necessitated the need for additional surveying and potholing for existing utilities beyond the scope of the original Agreement; and
WHEREAS, the City and the Consultant now desire to enter into this First Amendment to the Agreement to increase the scope of work and increase monetary consideration for a fee not to exceed $99,945, paid in accordance with the schedule of fees contained in Exhibit A -1 attached hereto, increasing the total contract value to an amount not to exceed $410,512, paid on a time and materials basis; and WHEREAS, with entry into this 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's scope of work is modified as specified in Exhibit A-1.
2. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this amendment shall be an amount not to exceed $99,945, paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A-1 attached hereto and incorporated herein by reference.
3. Consultant’s modified scope of services shall be rendered within the term of the original Agreement. Time for performance will remain as outlined in the original Consultant Services Agreement dated September 12, 2024.
4. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms or conditions contained within any Exhibit or Attachment
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hereto which purport to modify the allocation of risk between the parties provided for within the body of this Amendment, shall be null and void.
5. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on September 12, 2024, remains in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE.]
EXHIBIT A-1
ADDITIONAL SCOPE OF SERVICES
Consultant Service First Amendment to Agreement between City of Fresno (City) and Provost & Pritchard Engineering Group, a California corporation (Consultant)
Improvements to The Leaky Acres Groundwater Recharge Facility Project
SCOPE OF WORK
The additional scope of services includes:
PHASE 2A: Design Development (Distribution Facilities)
Additional Phase 2A scope includes grading design to develop additional grading sheets, additional TOPO survey to incorporate City-performed earthwork, conceptual hydraulic calculations to estimate turnout capacity, and an updated DCR based on these design/scope changes.
Phase 2A will also include additional potholing to address unknown underground conditions.
PHASE 2B: Design Development (Intake Facilities)
This work includes the specific work tasks to design the intake facilities as identified by the Master Plan and as revised and identified in Phases 1 and 2A. A new bypass box will be designed, which will divert water to the Bypass Canal and/or back to the FID Gould Canal.
At the terminus of the silt bays or serpentines, water will flow into overflow structures and distribution pipelines developed under the original scope of this Agreement. Improvements being designed will be manually operated and controlled, but will be capable of future automation using the City’s existing SCADA system.
The site features will consist of:
1. New bypass box
2. One (1) new transmission pipeline to deliver water to Serpentine 6, 9, and 13
3. One (1) new pipeline to deliver water to Silt Bay 1
4. New metered turnout boxes to Silt Bay 1, Serpentine 6, Serpentine 9, and Silt Bay 13 Phase 2B – Design Development (Intake Facilities) Deliverables:
1. Integrate Phase 2B Design into the Design Development Deliverable under the original scope of this agreement.
PHASE 3B: Contract Documents (Intake Facilities)
This work includes advancing the specific work tasks to complete the design of the intake facilities and bid package.
Phase 3B – Contract Documents (Intake Facilities) Deliverables:
1. Integrate Phase 3B Design into the Design Development Deliverable under the original scope of this agreement.
COMPENSATION
Compensation of all services described above will be based on a time and materials basis.
Fees will be billed monthly in accordance with the work completed.
First Amendment Compensation
Part 2 Phase 2A: Design Development (Distribution Facilities) $5,332 Part 2 Phase 2A: Additional Potholing $7,765
Part 2 Phase 2B: Design Development (Intake Facilities) $45,936 Part 3 Phase 3B: Contract Documents (Intake Facilities) $40,912 TOTAL PROFESSIONAL SERVICE FEE $99,945
Original Contract Amount
Part 1: Schematic Design Phase $ 80,273
Part 2: Design Development Phase $ 131,546
Part 3: Construction Document Phase $ 79,408
Part 4: Bidding Phase $ 19,340
Part 5: Construction Phase and General Construction
Contract Administration
$ 0
TOTAL PROFESSIONAL SERVICE FEE $310,567
Total Amended Contract Amount: $410,512
SCHEDULE OF FEES
SCHEDULE
No changes will be made to the schedule agreed upon in the original agreement.