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FIRST AMENDMENT TO CONSULTANT AGREEMENT
THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT (Amendment) effective as of _____________ amends the Consultant Agreement (Agreement) between the CITY OF FRESNO a California municipal co rporation (City), and Michael K. Nunley & Associates, Inc., a California corporation (Consultant) entered into on June 10, 2022, to provide compensation for professional en gineering services for Design of Booster Pump Replacements at Pump Stations 89A, 133, and 150 (Project).
RECITALS
WHEREAS, pursuant to the Agreement, th e City provided compensation to the Consultant for professional engineering servi ces for a total fee of $102,523 and a contingency amount not to exceed $15,379 for any additional work rendered pursuant to Subsection (c) of the Agreement dated June 10, 2022, for the Project; and WHEREAS, the initial term of the Agreem ent was effective from June 10, 2022, through the earlier of complete rendition of the services or December 31, 2024; and WHEREAS, the City and Consultant now desire to extend the term of the Agreement through the earlier of complete rendition of the services or October 31, 2026; and
WHEREAS, the City and Consultant have ag reed to remove previously identified improvements at Pump Station 133 and replac e these with equivalent improvements at Pump Station 168, for the benefit of Pump station 176; and WHEREAS, with entry into this Amendment, the Consultant agrees the Consultant has no claim, demand or dispute against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The term of the Agreement is extended through the earlier of complete rendition of the services or October 31, 2026, increasing the Time for Performance to a total of 1,604 consecutive calendar days.
2. All reference to Pump Station 133 or PS 133 shall be understood to be replaced by Pump Station 176 or PS 176, with physical improvements taking place at Pump Station 168 or PS 168.
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 th e 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 two Parties, provided for within the body of this Amendment, shall be null and void.
4. Except as otherwise provided herein, the Agreement entered into by the
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City and Consultant, dated June 10, 2022, remains in full force and effect. [Signatures follow on the next page.]
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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
By:
FRANCISCO V. MAGOS II, PE,
MBA, QSD
Assistant Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brandon M. Collet Date
Chief Assistant City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
Michael K. Nunley & Associates, 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:
Charles Masters
Project Manger
747 R Street
, Second Floor
Fresno, CA 93721
Michael K. Nunley & Associates, Inc.
Attention: Michael K. Nunley
CEO/President
PO Box 1604
Arroyo Grande, CA 93421
Telephone No
. (805) 904-6530
FAX: (805) 904-6532
lifornia corporation
Michael K. Nunley
President/ CEO
Sarah Lambeth
Digitally signed by Sarah Lambeth
DN: C=US, [email protected], O=City of
Fresno, OU=Capital Projects Department, CN=Sarah
Lambeth
Date: 2024.12.04 10:34:12-08'00'