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26-349 First Amendment to the Agreement

Fresno City Council
April 9, 2026

Document
26-349 First Amendment to the Agreement
Meeting
April 9, 2026
Body
Fresno City Council
Original file
209 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

1 FIRST AMENDMENT TO AGREEMENTTHIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of _______________, 2026, (Effective Date) amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and PROVOST & PRITCHARD CONSULTING GROUP, a California corporation (Consultant).RECITALSWHEREAS, the City and Consultant entered into an agreement on June 26, 2025, (Agreement) to provide Consulting services for Environmental Site Assessment for Northwest Fresno Recharge Basin (Project) for a total fee not to exceed $75,000; and WHEREAS, the City desires to expand the scope of services to include compliance with the California Environmental Quality Act and support services for the application of a United States Bureau of Reclamation Small Surface Water and Groundwater Storage Grant (Grant); and WHEREAS, the City and the Consultant desire to amend the Agreement to include additional scope of services and increase compensation in the amount of $72,200, as described in Exhibit A, increasing the total contract value not to exceed $147,200; and WHEREAS, with entry into this Agreement, the Consultant agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended as follows: 1. The Consultant shall provide additional services as described in Exhibit A, attached hereto and incorporated herein by reference. 2. The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be in the amount of $72,200, increasing the total contract value not to exceed $147,200. 3. In the event of any conflict between the body of this Amendment and any 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 the parties, provided for within the body of this Amendment, shall be null and void Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment. 4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on June 26, 2025, remains in full force and effect. [Signatures appear on the next page.] 2 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: Paul Amico, PE Director of Public Utilities APPROVED AS TO FORM: ANDREW JANZCity Attorney By: Sukhman S. Sekhon DateDeputy City Attorney ATTEST: AMY K. ALLER Interim City ClerkBy: Deputy Date Provost & Pritchard Consulting Group, a California 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) Addresses: CITY:City of FresnoAttention: Joseph De George Project Manager 747 R Street, 2ndFloorFresno, CA 93721Phone: (559) 621-1619E-mail: [email protected]:Provost & Pritchard Consulting Group Attention: Stephanie Gillaspy Principal Environmental Specialist 9050 455 W Fir Avenue Clovis, CA 93611 Phone: (559) 449-2700 Email: [email protected] Attachment: Exhibit A – Additional Scope of Services

3 Exhibit AAdditional Scope of Services PROJECT UNDERSTANDING We understand that the City of Fresno (City) plans to develop a groundwater recharge basin on APN 505-021-01, including an upsized dedicated delivery facility (turnout) from Herndon Canal to the north. This work builds upon the Phase 1 and recharge evaluation already completed by P&P. P&P will prepare environmental documentation to meet compliance with CEQA, and technical studies that support CEQA and NEPA in the event the City is awarded a federal grant. The following lays out the anticipated tasks and support necessary to complete the work. SCOPE OF SERVICES Our proposed scope of work for this proposal is segregated into several phases, described below. PHASE ENV: ENVIRONMENTAL DOCUMENTATION TASK 1 - INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Provost & Pritchard anticipates that an Initial Study/Mitigated Negative Declaration (IS/MND) to be the appropriate level of CEQA documentation for the Project. Provost & Pritchard will prepare the Administrative Draft IS/MND pursuant to the CEQA Guidelines Appendix G Environmental Checklist in the CEQA plus format. The total area of potential effect covered under CEQA would be approximately 71.65 acres. Upon receipt of consolidated City review comments on the Administrative Draft IS/MND, Provost & Pritchard will incorporate all comments into the Draft IS/MND, Notice of Intent (NOI), and Notice of Completion (NOC) and provide the revised documents in Microsoft Word “Track Changes”. After City staff comments have been addressed, Provost & Pritchard will publish the NOI and distribute the NOC and the Draft IS/MND to the State Clearinghouse (SCH), other interested agencies and individuals identified by the City for the public review period. Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Riverside • Camarillo • Boise, ID November 26,2025the Northwest Fresno Recharge Basin
2 Provost & Pritchard will prepare a draft Notice of Determination (NOD) for review and comment by City staff. CEQA Guidelines §15075 requires that the lead agency file a NOD within five (5) working days of the agency’s decision to approve the project (Public Resources Code §21083). TASK 2 - CULTURAL RESOURCES INVENTORY/SURVEY/REPORT Provost & Pritchard will team with Applied Earthworks (Æ) to complete the following tasks related to the Cultural Resources Assessment for CEQA and NEPA: Records Search: Æ will initiate a standard records search at the Southern San Joaquin Valley Information Center (SSJVIC) of the California Historical Resources Information System, which is housed at California State University, Bakersfield. The records search will provide information on known archaeological sites and historic properties within a 0.5-mile radius of the APE. Æ will conduct archival research through online repositories to gain a thorough understanding of the history of area. Æ will access local archives, assessor’s parcel information, and other online sources as available. In addition, Æ shall review Government Land Office records, U.S. Geological Survey historical topographic quadrangles, and other archival resources available online, as needed. Native American Outreach: Æ will contact the NAHC to request a search of their Sacred Lands File and obtain a list of local Tribal representatives. Formal consultation requests by Tribal contacts have not been included in this proposal as it is the responsibility of Reclamation to consult and address Tribal requests, if any. Fieldwork: The survey will be an intensive, systematic examination of all areas safely accessible within the APE where potential cultural resources might be preserved. The survey efforts will be documented with digital photographs, and any cultural resources identified will be plotted using an Arrow Global Navigation Satellite System collector with submeter accuracy. Æ will complete a standard pedestrian surface survey of the Project area using close-interval 10–15 meter transects and will note any cultural materials observed in the field. Built Environment: Much of the Herndon Canal (P-10-005573/CA-FRE-3608H) has previously been recorded and evaluated for the NRHP/CRHR. To capture current conditions, Æ will update the resource recording forms for the recorded segment of the structure within the APE. If the resource is found to be eligible and cannot be avoided, a Finding of Effect (FOE) would be required for NHPA compliance. Buried Sites Sensitivity Assessment: Reclamation requires a buried sites sensitivity assessment as part of the historic properties identification effort. As part of this task, Æ will conduct desktop research to interpret hydrological and soil survey data, geological unit maps, taphonomic conditions based on land-use history, and any available Project engineering or geologic coring data to assess the potential for paleosols that may preserve buried cultural resources within the APE. Importantly, our budget does not include pricing to implement a subsurface testing program to ground-truth desktop findings. Draft and Final Report: Upon completion of fieldwork, Æ will produce a report that introduces the Project and objectives, describes the natural and cultural setting, provides a historical context to guide the report, discusses information on prior studies in the Project vicinity, details methods used during fieldwork, and summarizes the results of the inventory. Æ anticipates one round of minor comments from Reclamation prior to finalizing. Once the comments have been addressed, Æ will prepare the final digital report for Provost & Pritchard to submit to the City and Reclamation. Æ will also submit a digital copy to the SSJVIC, as required by the state.

November 26,2025the Northwest Fresno Recharge Basin
3 TASK 3 - BIOLOGICAL EVALUATIONReview of all relevant background information regarding flora and fauna with potential to occur near the Project, and other planning documents completed for projects within the region that have potential relevance to the Project area. Perform a reconnaissance-level field survey of the project site and prepare a Biological Evaluation report evaluating potential project impacts to State and federally listed or special status species, habitats, and other sensitive biological resources. The Biological Evaluation report will be consistent with CEQA and NEPA standards and include Clean Water Act Section 7 language and is suitable for submission to most regulatory agencies. PROFESSIONAL FEES Provost & Pritchard will perform the services in this Phase on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. For budgeting purposes, our preliminary estimate is broken down by phase in the following table. These fees will be invoiced monthly as they are accrued. Reimbursable expenses will be invoiced in addition to professional fees and are included in the estimated ranges above. If it appears we will need to exceed the upper range above, we will notify you in writing before we do so, and will provide a revised estimate. We will not continue working beyond the initial budget without additional authorization. PROPOSED FEE DESCRIPTIOMESTIMATEDFEEPhaseENVCEQA InitialStudy$35,000 Cultural Resources$28,600 Biological Evaluation $8,700 Total EstimatedFee:$72,200 The line items shown above are estimates and are not intended to limit billings for any given Task. Required task effort may vary up or down from the line-item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, because of any agency’s decision or because of design changes requested by the Owner, we will prepare a revised estimate of our fees for your approval before we proceed. SCHEDULE For the CEQA effort, we estimate approximately four months to prepare the Administrative Draft IS/MND for submittal to the City. Pending City review, public 30-day comment period, and aligning with the City council meeting schedule, we anticipate CEQA adoption within nine months. ASSUMPTIONS This scope of work and fee estimate is based on the following assumptions. Should any of these assumptions change or prove to be incorrect as the work progresses, the City and Provost & Pritchard will work together to develop mutually agreeable changes to the scope, schedule and/or fee. This proposal does not include phases for design or bidding the Project. If the City needs further support, an amendment can be provided. The City and other reviewing agencies will provide a timely review of all deliverables. Applied Earthworks will provide the NAHC Tribal Contact list and the City of Fresno will send out a joint AB 52/general tribal consultation letter for the Project. The City will provide access to the site as needed. Any work not specifically identified in this proposal is excluded from this scope of work (i.e., November 26,2025the Northwest Fresno Recharge Basin
4 additional technical studies that reviewing agencies may require). Estimates of anticipated project costs and corresponding benefits will be at a conceptual level to support the City’s planning-level efforts. More detailed construction costs or the actual realized project benefits are subject to change pending timing of construction and future operations. Provost & Pritchard’s current CAD version, standards, and title block will be used for exhibitsdeemed necessary for supporting the development of the Feasibility Study. Estimates will be prepared using available construction cost resources and recent bid results from similar projects. ADDITIONAL SERVICES The following services are not included in this proposal, however, these and others can beprovided at additional cost, upon request. Pre-construction and/or Post-construction Biological Surveys Nesting Bird Surveys in accordance with the Migratory Bird Treaty Act (MBTA) Worker Environmental Awareness Program (WEAP) Training Basin grading and intake delivery hydraulics analysis Detailed design beyond the preliminary design (10% design) Construction phases services such as construction review, construction staking, contract management services, as-built survey. Preparation and processing of Indirect Source Rule application with San Joaquin Valley Air Pollution Control District (SJVAPCD). SWPPP in compliance with State Water Resources Control Board (SWRCB) Construction General Permit Preparation of grant applications

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