HomeMy WebLinkAboutAgreement A-20-062 with Stantec Consulting Services, Inc..pdf1
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THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT (“Amendment III”) TO AGREEMENT is made this
____ day of ____, 2020 (“Effective Date”), by the COUNTY OF FRESNO, a political
subdivision of the State of California (“COUNTY”), and STANTEC CONSULTING
SERVICES, INC., a New York Corporation, located at, 7502 N. Colonial Ave., Suite
101, Fresno, California 93711 (hereinafter called “CONTRACTOR”).
WITNESSETH:
WHEREAS, COUNTY and CONTRACTOR entered into an Agreement dated the
7th day of October, 2013, and identified as Procurement Agreement No. P-13-612-G
(hereinafter “the Agreement”), under the terms of which the CONTRACTOR agreed to
provide Groundwater Monitoring, Sampling and Reporting at the Blue Hills Disposal
Facility (“Blue Hills”) over a potential five-year term, with a contract maximum of
$100,000.00; and
WHEREAS, COUNTY and CONTRACTOR entered into a First Amendment to
the Agreement, dated August 24, 2016 (“Amendment I”), which extended the
Agreement to its full potential five-year term, through and including October 15, 2018;
and
WHEREAS, COUNTY and CONTRACTOR entered into a Second Amendment to
the Agreement, dated October 9, 2018 (“Amendment II”), pursuant to which
CONTRACTOR agreed to provide additional services related to pending modifications
to the monitoring requirements imposed by the State under the Postclosure Permit for
the Blue Hills Facility; and
WHEREAS, Amendment II also provided for a further extension of the term of the
Agreement, through March 30, 2020, and increased the maximum cumulative
compensation thereunder from $100,000 to $133,000; and
WHEREAS, COUNTY now requires additional services from CONTRACTOR, in
order to comply with further State-imposed groundwater monitoring and reporting
requirements for the Blue Hills Facility, some of which recently were imposed, with
19-1625 Agreement No. 20-062
4th Feb.
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others still in the process of being conclusively determined prior to their final issuance
by the State; and
WHEREAS, neither the completion by the State of its modifications to those
requirements, nor the performance by CONTRACTOR of additional services required in
connection therewith, will be concluded prior to the current March 30, 2020 expiration
date of the Agreement, as previously amended, although it currently is anticipated by
the parties that extension of the Agreement term to March 31, 2022 will provide
sufficient additional time; and
WHEREAS, it is in the best interest of the COUNTY to continue to retain the
services of CONTRACTOR, at least until such time as the modified Blue Hills
Postclosure Permit monitoring requirements have been fully determined and
established, at which time the COUNTY in its discretion may terminate the Agreement
and issue a Request for Proposal or Request for Quotation based on those modified
requirements; and
WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement
to further extend the term and increase the maximum annual compensation, so as to
allow the CONTRACTOR to provide such additional necessary services.
NOW, THEREFORE, based on the foregoing and in consideration of their
mutual promises as set forth herein, the parties agree to amend the above-referenced
Agreement as follows:
1.The Section entitled “TERM” on page one (1) of the Agreement is hereby
deleted in its entirety and replaced with the following:
“TERM
The term of this Agreement will be from October 15, 2013 through March
31, 2022, unless earlier terminated by COUNTY upon written notice in accordance with
the Section of the Agreement entitled ‘TERMINATION’.”
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2. The Section entitled “MAXIMUM” on page one (1) of the Agreement is
hereby deleted in its entirety and replaced with the following:
“MAXIMUM
In no event shall services be performed and/or fees paid under this Agreement be in
excess of two hundred ten thousand dollars ($210,000.00).”
COUNTY and CONTRACTOR agree that this Amendment III is sufficient to
amend the Agreement and that upon full execution of this Amendment III, the
Agreement as previously amended, together with this Amendment III, shall constitute
the Agreement between the parties.
The Agreement, as hereby amended, is ratified and continued. All provisions,
terms, conditions, mutual covenants and promises set forth in the Agreement, as
previously amended, shall remain in full force and effect, except as hereinabove
modified by the provisions of this Amendment III.
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EXECUTED AND EFFECTIVE as of the date first set forth above.
COUNTY OF FRESNO
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Signature)
Chairman of the Board of Supervisors
of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
By <i,c,._ J ~
Deputy
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