1 SIXTH AMENDMENT TO AGREEMENTTHIS SIXTH AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _____ day of ____________, 2026, 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). RECITALSWHEREAS, 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, the CITY and CONSULTANT entered into a Fifth Amendment to the Agreement on August 15, 2025 (Fifth Amendment) to expand the scope of services and increase monetary consideration in the amount of $383,798 for a revised total contract value of $2,300,691; 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 Sixth Amendment to expand the scope of services, increase monetary consideration in the amount of $575,800, for a revised total contract value of $2,876,491, and extend the term of the Agreement from January 31, 2026 to January 31, 2027 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 . 2 AGREEMENTNOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid Agreement be amended as follows: 1. The recitals to this Amendment are incorporated and made a part of this Amendment.2. The Agreement is extended to January 31, 2027.3. 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. 4. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of Two Million, Eight Hundred Seventy-Six Thousand and Four Hundred Ninety-One Dollars ($2,876,491). Such fee includes all expenses incurred by CONSULTANT in performance of the services. 5. Except as otherwise provided herein, the Agreement entered into by City and 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 Sixth Amendment at Fresno, California, the day, and year first above written.CITY OF FRESNO, a California municipal corporation By: Paul Amico, PE,Director of Public Utilities APPROVED AS TO FORM: ANDREW JANZCity Attorney By: Christine C. Charitar DateDeputy City Attorney ATTEST: AMY K. ALLER, MMC Interim City ClerkBy: 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: David Vilcherrez, PE Licensed Professional Engineer Department of Public UtilitiesAttachment: Exhibit A - Scope of Services
COMPENSATIONCDM Smith, Inc., will complete the Sixth Amendment scope of Services for a total fee not to exceed the values below: Sixth Amendment CompensationTask 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 $158,755.00$53,945.00$0.00$147,000.00$181,100.00$0.00TOTAL PROFESSIONAL SERVICES FEE $575,800.00Fifth 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 Meetings Task 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 $644,753.00
Second 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 $0.00$0.00$0.00$75,200.00$10,000.00$0.00TOTAL PROFESSIONAL SERVICES FEE $85,200First Amendment 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$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 Discussions Task 4 – Site Investigation Activities (OU-1) Task 5 – Project Management/Project Meetings Task 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: $2,876,491 SCHEDULE Completion of Services January 31, 2027