1 FIRST AMENDMENT TO CONSULTANT AGREEMENT
THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT (Amendment) made and entered into as of this 31st day of December 2024, (Effective Date) amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and Michael K. Nunley Associates, a California corporation (Consultant), entered into on June 10, 2022, to provide professional engineering services for Design of Well 345-1 Treatment System (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 $137,800, paid on a time and material basis in accordance with schedule of fees contained in Exhibit A and a contingency amount not to exceed $13,800 for any additional work rendered pursuant to Section 3(c); and
WHEREAS, the initial term of the Agreement was effective from June 10, 2022, to December 31, 2024; and
WHEREAS, the City and the Consultant now desire to extend the term of the Agreement from December 31, 2024 to June 29, 2025; and
WHEREAS, with entry into this Agreement, 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 to June 29, 2025, and Time for Performance is increased to 180 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 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 City and the Consultant on June 10, 2022, remains in full force and effect.
[Signatures appear on the next page.]
2 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
B y :
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
B y :
Tricia Herrera Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
CITY Clerk
B y :
D a t e
Michael K. Nunley & Associates, Inc.,
a California Corporation
B y :
N a m e :
T i t l e :
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
B y :
N a m e :
T i t l e :
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Addresses:
CITY:
City of Fresno
Attention: Joshua Merten
Engineer I
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1625
Email: [email protected]
CONSULTANT:
Michael K. Nunley & Associates, Inc.
Attention: Michael K. Nunley
CEO/President
PO Box 1604
Arroyo Grande, CA 93421
Phone: (805) 904-6530
FAX: (805) 904-6532
Email: mnunle
[email protected]