1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of ___________ 2022, amends the Agreement entered into between the CITY OF F RESNO, a California municipal corporation ( City), an d CONTINENTAL ACQUISITION SERVICE, INC., DBA CONTINENTAL FIELD SERVICES (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated November 12, 2021, for professional on-call Right of Way Consultant services (Agreement); and
WHEREAS, City and Consultant now desire to increase the total not to exceed the amount of $1,700,000 of the Agreement.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. T he total not to exceed amount of the Agreement shall be increased to $1,7
00,000 by t his Amendment. The total amount payable by the City for all Task Orders resulting from under the Agreement, as Amended herein, shall not exceed $1,700,000. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under th e Agreement through Task Orders.
2 . In t
he event of any conflict between the body of this Amendment and any exhibit or a ttachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the exhibit or a ttachment. Furthermore, any terms or conditions contained within any exhibit or a ttachment 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.
3. Except as otherwise provided herein, the Agreement entered into by C ity and Consultant, dated November 12, 2021, remains in full force and effect.
[Signatures follow on the next page.]
DocuSign Envelope ID: 35A0D2F8-E6FE-4816-A026-4D0C58EB6E16 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
B
y: ___________________________
RANDALL W. MORRISON, PE
Assistant Director
Public Works Department
APPR
OVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
B
y: ____________________________
Brandon M. Collet
Supervising Deputy City Attorney
A
TTEST:
TODD STERMER, CMC
City Clerk
B
y: ___________________________
Deputy Date
A
ddresses:
CITY:
City of Fresno
Attention: Scott Tyler, PE
Contract Administrator
Public Works Manager
2600 Fresno Street, Rm. 4016
Fresno, CA 93721
Telephone No. (559) 621-8654
[email protected]
CONTINENTAL ACQUISITION
SERVICE, INC., DBA CONTINENTAL
FIELD SERVICES
B
y: _____________________________
Beth W. Hill
President
(If corporation or LLC., Board Chair, Pres.
Or Vice Pres.)
By: _____________________________
Allison Hill
Corporate Secretary
(If corporation or LLC., Board Chair, Pres.
Or Vice Pres.)
R
EVIEWED BY:
___
_____________________________
Scott Tyler, PE
Public Works Manager
Public Works Department
CO
NSULTANT:
CONTINENTAL ACQUISITION SERVICE,
INC., DBA CONTINENTAL FIELD
SERVICES
Attention: Beth W. Hill, President
516 Shaw Avenue
Fresno, CA 93704
Telephone No. (310) 745-7008
[email protected]
Allison Hill
DocuSign Envelope ID: 35A0D2F8-E6FE-4816-A026-4D0C58EB6E16