1 SECOND AMENDMENT TO
PLAN REVIEW AND CONSTRUCTION
MANAGEMENT SERVICES AGREEMENT
This Second Amendment to Plan Review and Construction Management Services Agreement (Amendment) is effective as of , 2024, (Effective Date) and entered into by and between the City of Fresno, a municipal corporation (City), and Tutor Perini/Zachary/Parsons, as a Joint Venture (Contractor).
RECITALS
A. City and Contractor are parti es to that certain Plan Review and Construction Management Services Agreement, dated June 25, 2019 (the Agreement).
B. Pursuant to the Agreement, City provid es plan review and construction management services (Services) to C ontractor and is compensated for said services.
C. On October 13, 2022, City and Cont ractor executed a First Amendment, increasing the total compens ation from an amount not to exceed $1.8 million to an amount not to exceed $3.6 million and extending the term to March 31, 2024.
D. City and Contractor now desire to furt her amend the Agreement to and extend the term, as set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein cont ained, and for other good and valuable consideration hereby acknowledged, the parties agree that the aforesaid agreement be amended as follows:
1. Term. The term of the Agreement, as set fort h in Section 3 of the Agreement, is hereby extended to June 30, 2024.
2. Effect of Amendment . Except as expressly modified by this Amendment, the Agreement is hereby reaffirmed and ratified. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control.
[SIGNATURES ON FOLLOWING PAGE]
2 IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above.
CITY OF FRESNO,
a California municipal corporation
By:
Scott Mozier,
Public Works Director
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
REVIEWED BY:
By:
Scott L. Mozier, PE
Director of Public Works
TUTOR PERINI, ZACHARY, and
PARSONS, a Joint Venture
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)