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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of [MONTH], 2025, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (City), and GROUP DELTA, INC., a California Corporation.
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated September 30th, 2024, for professional Environmental Consulting services for unspecified Fresno Yosemite International Airport (FAT ) and Fresno Chandler Executive Airport (FCH) Non-federal and Federal Funded Capital Projects, (Agreement); and
WHEREAS, it is necessary for the City to amend the agreement to include additional consulting services to complete the ongoing Environmental Assessment and to prepare for future development-related Environmental Services; and
WHEREAS, this Amendment will be administered for the City by its Airport Department Director (Director) or designee.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The Consultant shall continue to provide s ervices as described in Exhibit A- Scope of Services, attached hereto and incorporated herein by reference.
2. The Consultant's sole compensation for the satisfactory performance of all services required or rendered pursuant to this Amendment shall be an amount not to exceed $172,000.00.
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 purpo rt 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 entered into by City and Consultant, dated September 30th, 2024, remains in full force and effect.
(Signatures follow on the next page.)
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AS WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, the day and year first above written:
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White,
City Manager
By:
Henry Thompson, A.A.E., C.A.E., IAP
Director of Aviation
Airports Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Christine C. Charitar
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By: ______________________________
Deputy
GROUP DELTA, 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:
__________________________________
Addresses:
CITY:
City of Fresno, Airports Department
Fresno Yosemite International Airport
Attention: Projects Administrator
4995 E. Clinton Way
Fresno, CA 93727-1525
Phone: (559) 621-4500
E-mail: [email protected]
CONSULTANT:
Group Delta, Inc.
Attention: Glen A. Burks, PhD, PE
32 Mauchly, Ste. B
San Francisco, CA 92618
Phone: 949-450-2100
E-mail: [email protected]
kimley-horn.com 6671 Las Vegas Boulevard South, Suite 320, Las Vegas, NV 89119 702 862 3611
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EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City) and GROUP DELTA, INC. (Consultant)
Unspecified FAT and FCH Non-Federal and Federal Funded Capital Projects
Consultant shall provide "on-demand" services as set forth in Attachment No. 1 to this Exhibit, subject to the terms set forth in the Agreement and below.
Such services shall be provided as direc ted by Task Order(s) signed by the Director of Aviation or authorized designee.
1. The Consultant shall commence the services described in each fully executed Task Order issued under this Agreement, as of the dates(s) and as to the Projects(s) identified, in accordance with the specific performance schedules(s) and budget information contained therein.
2. The Consultant’s compensation shall be as identified in fully executed Task Order(s) issued under this agreement and shall not exceed the amount(s)specified therein.
3. The Consultant’s total compensation under this Agreement including all executed Task Order(s) thereunder shall in no event exceed the amount identified in the First Amendment.
4. The Consultant acknowledges and agrees that it shall provide services hereunder solely on a non-exclusive basis, and only upon issuance of fully executed Task Order(s). The City is not obligated to purchase from the Consultant any amount of Services. The City is free to obtain the services from source(s) other than the Consultant and/or The City may itself provide such services.