1 FIRST AMENDMENT TO CONSULTANT
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ______ day of ________________ 2024, amends the Consultant Agreement (Agreement) between the CITY OF FRESNO, a California municipal corporation (City), and AECOM Technical Services, Inc., a California corporation (Consultant), entered into on June 10, 2022, to provide professional engineering services for wellhead treatment improvements at Pump Station 101A (Project).
RECITALS
WHEREAS, pursuant to the Agreement, the City provided compensation to the Consultant for professional engineering services for a total fee not to exceed $233,200, and a contingency amount not to exceed $20,000 for any additional work for an initial term effective June 10, 2022 through December 31, 2024; and WHEREAS, the Consultant has prepared the plans to 90 percent completion, however, construction will be delayed to allow for procurement of the treatment vessels which will be installed as part of the plans; and
WHEREAS, as a result of the construction delay, the City and the Consultant now desire to extend the Agreement to December 31, 2026, in order to complete the Project without changing the overall compensation of the Agreement; and WHEREAS, with entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the aforesaid Agreement be amended as follows:
1. The recitals to this Amendment are incorporated herein and made a part of this Amendment.
2. The term of the Agreement is extended up to and including December 31, 2026.
3. In the event of any conflict between the body of this 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. 2 4. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant on June 10, 2022, remains in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Francisco V. Magos II, PE
Assistant Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tricia Herrera Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
AECOM Technical Services, Inc.,
A California 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:
Sarah Lambeth
Senior Management Analyst
Capital Projects Department
Addresses:
CITY:
City of Fresno
Attention: Anita Luera
Project Manager
747 R Street, 2
nd Floor
Fresno, CA 93721
Phone: (559) 621-8834
E-mail: anita.luera
@fresno.gov
CONSULTANT:
AECOM Technical Services, Inc.
Attention: Eric Garibay, PE
Senior Engineer
8050 N Palm Avenue, Suite 355
Fresno, CA 93711
Phone: (559) 448-8222
E-mail: eric.
[email protected]
Department Manger
Managing Engineer
Daniel Cronquist
Eric Garibay
Daniel Cronquist
Digitally signed by Daniel Cronquist
Date: 2024.11.20 09:36:07 -08'00'
Digitally signed by Garibay, Eric
DN: cn=Garibay, Eric, ou=USBKF1,
[email protected]
Date: 2024.11.20 09:49:53 -08'00'
Garibay, Eric
SARAHL
Digitally signed by SARAHL
Date: 2024.11.21 09:46:10 -08'00'
TRICIAH
Digitally signed by TRICIAH
Date: 2024.11.22 15:04:11 -08'00'