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SECOND AMENDMENT TO CONSULTANT AGREEMENT
THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT (Amendment) effective as of October 31, 2024, amends the Consultant Agreement (Agreement) between the CITY OF FRESNO a California municipal corporation (City), and Michael K.
Nunley & Associates, Inc., a California corporation (Consultant) entered into on June 1, 2023, to provide compensation for professional engineering services for the Fresno- Clovis Regional Wastewater Reclamation Facility Bar Screen Optimization Study (Project).
RECITALS
WHEREAS, pursuant to the Agreement, the City provided compensation to the Consultant for professional engineering services for a total fee of $70,500.00 and a contingency amount not to exceed $10,000.00 for any additional work rendered pursuant to Section 3(c) of the Agreement dated June 1, 2023, for the Project; and WHEREAS, the initial term of the Agreement was effective from June 1, 2023, through the earlier of complete rendition of the services or June 30, 2024; and WHEREAS, the City and Consultant previously extended the term of the Agreement through the earlier of complete rendition of the services or October 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 December 30, 2025; and
WHEREAS, with entry into this Amendment, the Consultant agrees the Consultant 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 term of the Agreement is extended through the earlier of complete rendition of the services or December 30, 2025, increasing the Time for Performance to a total of 421 consecutive calendar days.
2. 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 two Parties, provided for within the body of this Amendment, shall be null and void.
3. Except as otherwise provided herein, the Agreement entered into by the
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City and Consultant, dated June 1, 2023, 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:
Brock D. Buche, PE, PLS,
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tricia Herrera Date
Deputy 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)
Addresses:
CITY:
City of Fresno
Attention: Cassie Scholz
Licensed Engineer Manager
747 R Street, Second Floor
Fresno, CA 93721
CONSULTANT:
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