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TACHMENT B
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./ESC23-032/ AMENDMENT NO. 3 Pa
ge 1 of 3
AMENDMENT NUMBER: THREE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
VICTORVILLE WATER DISTRICT
AND
WOODARD & CURRAN, INC.
FOR
MISCELLANEOUS ENGINEERING AND CONSULTING SERVICES FOR THE CITY OF
VICTORVILLE INTEGRATED WASTEWATER TREATMENT PLANT,
PROJECT ESC23-032
TH
IS AMENDMENT (the “Amendment”) is made and entered in to this ____ day of _______ 2024, by and between the Victorville Water District , a County Water District and subsidiary district of the City of Victorville , organized and existing in the County of San Bernardino under and by virtue of the laws of the State of California (hereinafter referred to as “District”), and Woodard & Curran, Inc., hereinafter referred to as “Consultant.” The District and the Consultant are sometimes hereinafter referred to as a “Party” or and collectively referred to as the “Parties”.
Re
citals
1. WHEREAS, the District has a Consultant/Pr ofessional Services Provider Agreement (hereinafter referred to as “Original Agreement”) with the Consultant to provide Miscellaneous E ngineering and Consulting Services for the Cit y of Victorville Integrated Wastewater Treatment Plant, Project ESC23-032; and
2. WHEREAS, on or about June 8, 2023, Am endment One (1) was issued to the Original Agreement to increase Section 3., Compensation by $87,126.00, thereby revising the total annual not to exceed sum from $150,000.00 to $237,126.00; and
3. WHEREAS, on or about August 18, 2023, Amendment Two (2) was issued to the Original Agreement to amend Section 3., Compensation total annual not to exceed sum from $237,126.00 to $160,000.00; and Section 6., Term of the A greement was amended to exercise Option 1 of 4, additional one-year periods, amending the term to commence July 1, 2023 and expire June 30, 2024; and
4. WHEREAS, it is the desir e of the Parties to issue Amendment Three (3) to the Original Agreement to increase Section 3., Compensation by $217,624.41, thereby amending the total annual not to exceed sum from $160,000.00 to $377,624.41; and amend Section 2, Scope of Services and Section 4, Pr oposal, to include additional services as set forth in Consultant’s Proposal; and
5. NOW THEREFORE, in consider ation of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./ESC23-032/ AMENDMENT NO. 3 P
age 2 of 3
hereby acknowledged, the Parties are willing to amend the Original Agreement as stated below.
Contract Amendment
S
ection 2. – SCOPE OF SERVICES – is amended as follows:
“
Consultant shall provide to the District those additional services set forth in Amendment 3 Proposal, attached hereto as Exhibit “A -1”, and incorporated as part of this Agreement by this reference.”
S
ection 3. – COMPENSATION – is amended as follows:
“
The District shall pay to Consultant a sum not to exceed Three hundred Seventy- Seven Thousand and Six hundred and Twenty-Four and 41/100 dollars ($377,624.41) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
S
ection 4. – PROPOSAL – is amended as follows:
“
The City shall pay Consultant for those additional services set forth in Consultant’s Proposal dated January 24, 2024 and Invoice #228406, attached hereto as Exhibit A -1, Amendment 3 and hereby incorporated as part of this agreement by this reference.” NAM
E CHANGE:
A
ll references in the Original Agreement to “ Brian Gengler, City Engineer ” are amended and replaced with “ Fredy A. Bonilla, P.E., City Engineer ”. In each Section of the Original Agreement in which the reference is to “ Brian Gengler, City Engineer, or his designee”, the reference is amended and replaced with “Fredy A. Bonilla, P.E., City Engineer, or his designee.
E
xcept as amended herein, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
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SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/Woodard & Curran, Inc./ESC23-032/ AMENDMENT NO. 3 Pa
ge 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused the Am endment to the Original Agreement to be entered as of the dates written below.
PA
RTY OF THE FIRST PART
VI
CTORVILLE WATER DISTRICT
By
:___________________________
Elizabeth Becerra,
District Chairman
PARTY OF THE SECOND PART
WOODARD & CURRAN, INC.
By:________________________________
Patrick Cyr,
Senior Principal
Da
ted:______________________________ Dated:______________________________ VI
CTORVILLE WATER DISTRICT APPROVED AS TO STANDARD FORM
By
:________________________________ By:______________________________ Sandra Bostick, Andre de Bortnowsky,
District Risk Manager District Legal Counsel
Dat
ed:______________________________ Dated:_____________________________ EXHIBIT A-1
801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701
Via Electronic Mail
J
anuary 24, 2024
F
redy Bonilla
City Engineer
City of Victorville CA
PO Box 5001
Victorville, CA 29393-5001
R
e: Mid-Year Budget Adjustment for Miscellaneous Engineering and Consulting Services City of Victorville IWWTP for Fiscal Year 2023/2024 – ESC23-032 Dear Mr. Bonilla:
Woodard & Curran is thankful for our ongoing relationship with the City of Victorville, and in order to continue to provide high quality service, we are requesting a budget adjustment for ESC23-032 Fiscal Year 2023- 2024 during the City’s mid-year adjustment period. This adjustment request is in order to continue to provide as-requested, miscellaneous engineering and consulting services to the City of Victorville (Victorville) associated with Victorville’s Industrial Wastewater Treatment Plant (IWWTP) located at 20080 Helendale Road.
SCOPE OF SERVICES
Between July 1, 2023 and December 31, 2023, Woodard & Curran utilized the FY23-24 contract to design and construct the effluent bypass project at the IWWTP, a necessary project for continued operational flexibility and maintaining permit compliance. With this unplanned project, a budget adjustment is requested for the remainder of FY23 -24. Other services to be provided in FY23-24 will likely include, but are not necessarily limited to, the following:
1. Provide technical assistance to the City of Victorville associated with wastewater treatment issues associated with the process wastewater discharge from Keurig Dr.
Pepper (KDP), including continued cost allocation and monthly billing of the Io n Ex
change System;
2. Other technical assistance and engineering services related to IWWTP, such as evaluating options for replacing aging or failing equipment;
3. As-needed grant application services, such as funding needs assessments, research and id
entification of grant opportunities, and preparation of grant applications;
4. Technical support services for project development needed for future grant applications, such as environmental documentation (CEQA -Plus or special studies necessary to support CEQA), preliminary engineering reports, advising on applications being completed by City staff or other consultants, developing and hosting funding workshops for City staff, or other work in support of the City’s funding goals;
5. Permitting services such as NPDES and WDR permitting assistance; City of Victorville (0231417.02) 2 Woodard & Curran, Inc.
J anuary 24, 2024
6. Continued attendance by Woodard & Curran Project Manager at monthly meetings with City of Victorville.
BUDGET
Woodard & Curran recommends that the City of Victorville increase the ESC23-032 contract by $65,000. Woodard & Curran labor and expenses accrued as part of this project will be billed to Victorville on a monthly basis, and we will inform you of the budget remaining on each monthly invoice.
We look forward to continue working with the City of Victorville. Please call me if you have any questions concerning this budget request.
Sincerely,
WOODARD & CURRAN, INC.
B
rian Wickes
Project Manager
801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701
We appreciate your prompt attention to this invoice and ask that you send your check to PO BOX 55008 Boston, MA 02205-5008 or Electronic Transfer at TD Bank: 211274450:2427662596.
Via Electronic Mail [email protected]
De
cember 20, 2023
Mr
. Fredy Bonilla, PE
City Engineer
City of Victorville, CA
PO Box 5001
14343 Civic Drive
Victorville, CA 92393-5001
R
e: W&C PROJECT #0231417.02 – MISCELLANEOUS ENGINEERING SERVICES Dear Mr. Bonilla:
Enclosed please find invoice number 228406 in the amount of $ 152,624.41 for Woodard & Curran’s professional services for the period ending December 8, 2023.
Services performed under this invoice include the following:
PH
ASE 7 – FY 23/24 Engineering Services
• Process influent pipe replacement (sub-contractor);
• Effluent disposal options memorandum;
• DIR project registration support;
• Monthly meeting with City.
If you have any questions or if I can be of further assistance, please feel free to contact me at (916) 999-8721.
Sincerely,
WOODARD & CURRAN, INC.
B
rian Wickes
Project Manager
Enclosure
Fredy Bonilla December 20, 2023
City Engineer Project No: 0231417.02
Victorville, CA, City of Invoice No: 228406
PO Box 5001
14343 Civic Drive
Victorville, CA 92393-5001
Project 0231417.02 VICTORVILLE, CA, CITY OF - MISCELLANEOUS ENGINEERING SERVICES Contract Amount: $719,342.21
Completed to Date: $739,182.14
Previous Fee: $586,557.73
Current Fee: $152,624.41
Contract Balance: -$19,839.93
Professional Services for the period ending December 8, 2023 Phase 007 FY23/24 ENGINEERING SVCS
Professional Personnel
Hours Amount
Project Assistant 1.00 112.53
Project Manager 42.00 9,037.56
Totals 43.00 9,150.09
Labor Total 9,150.09
Reimbursable
Airfare 184.76
Reimbursable Total 184.76 184.76
Consultant
Sub - Consultant Miscellaneous 143,289.56
Consultant Total 143,289.56 143,289.56
Total this Phase $152,624.41
Total this Invoice $152,624.41
Please include our invoice number in your remittance. Thank you.
Project 0231417.02 VICTORVILLE, CA, CITY OF - MISCELLANEOUS Invoice 228406 Outstanding Invoices
Number Date Balance
225167 10/10/2023 28,910.39
Total 28,910.39
Current Fee Previous Fee Total
Project Summary 152,624.41 586,557.73 739,182.14
Approved by:
Brian Wickes
Project Manager 1
Woodard & Curran
Please include our invoice number in your remittance. Thank you. Page 2