1 SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 21
st day of September 2022, amends the Agreement entered between the CITY OF FRESNO, a California municipal corporation (City), and SWCA, Incorporated dba SWCA Environmental Consultants, an Arizona Corporation. (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated October 6 2021 for professional environmental services for the Ashlan Avenue Widening project (Agreement); and
WHEREAS, the Consultant has completed a portion of the Agreement; and WHEREAS, City and Consultant amended the Agreement on August 24, 2022 (First Amendment) to modify the scope of work therein by requiring additional services; and
WHEREAS, City and Consultant now desire to modify the scope of work, therein, by requiring additional services; and
WHEREAS, with entry into this Amendment, Consultant agrees that it has no claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, the parties agree that the Agreement be amended as follows:
1. Consultant’s performance period for services shall be extended to December 30, 2022, as described in Attachment A, attached hereto, and incorporated herein by reference.
2. No additional compensation shall be rendered as a result of this Second Amendment.
3. In the event of any conflict between the body of this Second Amendment and any Exhibit or Attachment 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 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.
4. Except as otherwise provided herein, the Agreement and the First Amendment remain in full force and effect.
[Signatures follow on the next page.]
2 IN WITNESS WHEREOF, the parties have executed this Second Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Randall W. Morrison, PE
Assistant Director
Public Works Department
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
SWCA, Incorporated dba SWCA,
Environmental Consultants, and Arizona
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)
REVIEWED BY:
Abdul BinMahfodh
Engineer I
Addresses:
City: City of Fresno
Attention: Abdul BinMahfodh
Engineer I
2600 Fresno Street, 4th Floor
Fresno, CA 93721
(559) 621-8701
CONSULTANT:
SWCA, Incorporated dba SWCA,
Environmental Consultants
Attention: Jacqueline Markley, M.S.
AICP, Project Manager
1422 Monterey Street, B-C200
San Luis Obispo, CA 93401
(916) 234-5522
Attachment:
Attachment A – Additional Scope of Services
!
3 Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Second Amendment to Agreement between City of Fresno (City) and SWCA, Incorporated dba SWCA, Environmental Consultants (Consultant)
Ashlan Avenue Widening Project
Consultant’s agreement performance period expires October 31, 2022. Task 2 and the additional services through the First amendmen t to the agreement are not complete. This amendment extends the Consultant’s perfor mance period to complete Task 2 and the additional services to December 30, 2022. No additional compensation shall be rendered with this Second Amendment.