1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this Tuesday day of March 12, 2024, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and IBI Group, a California Constitutional Partnership; now known as Arcadis, California Partnership (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated 28th of April, 2022, for CONSULTANT SERVICES (Agreement) which is effective in full force until March 31, 2024; and
WHEREAS, Consultant has completed a portion of the Agreement; and WHEREAS, the Consultant Services agreement is set to expire March 31, 2024; and
WHEREAS, City and Consultant now desire to extend the agreement an additional 91 days, to June 30, 2024, to ensure completion of services; and WHEREAS, with entry into this First Amendment to Agreement, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW,THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals to this First Amendment are incorporated and made a part of the Agreement.
2. City shall extend the agreement by adding 91 calendar days, allowing additional time to complete the project. The new termination date to be June 30, 2024.
3. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this First Amendment is not modified from the original agreement.
4. In the event of any conflict between the body of this First Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this First 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 First Amendment, shall be null and void.
5. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated April 28, 2022, remains in full force and effect.
[Signatures follow on the next page.]
2 IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO, a California Arcadis, a California Partnership municipal corporation
By: By: ____________________________
Scott Mozier,
Director Name: _________________________
Public Works Department
Title: ___________________________
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
ATTEST:
TODD STERMER, CMC By: ____________________________
City Clerk
Name: _________________________
B y :
Deputy Date Title: __________________________
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
APPROVED AS TO FORM: REVIEWED BY:
ANDREW JANZ
City Attorney
Andreina Aguilar
By: Chief Engineering Technician
Jennifer M. Wharton Date Public Works Department Deputy City Attorney
Addresses:
CITY: CONSULTANT:
City of Fresno Arcadis, a California Partnership
Attention: Jill Gormley, Assistant Attention: Cristina Martinez, Project Director Manager,
2600 Fresno Street 537 South Broadway, Suite 500 Fresno, CA 93721-2623 Los Angeles, CA 90013 USA
Telephone: (559) 621-8800 Telephone: (213) 769-0011