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SECOND AMENDMENT TO CONSULTANT AGREEMENT
THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT (Amendment) made and entered into as of this ____
day of _______2025, (Effective Date) amends the
Consultant Servies Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and Michael K. Nunley Associates, Inc. a California corporation (Consultant).
RECITALS
WHERAS, the City and Consultant entered into a Consultant Services Agreement (Agreement) on June 10, 2022, to provide professional engineering services for Design of Well 345-1 Treatment System (Project); and
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 of the Agreement and a contingency amount not to exceed $13,800 for any additional work rendered pursuant to Section 3(c); and
WHEREAS, the First Amendment to the Agreement, executed on December 31, 2024, extend the term of the Agreement from December 31, 2024, to June 29, 2025; and WHEREAS, City and Consultant now desire to extend the term of the Agreement to June 29, 2026 and to increase the compensation by $3,600, paid on a time and materials basis in accordance with the updated schedule of fees contained in Attachment A attached hereto, increasing the total contract to an amount not to exceed $141,400 and a contingency amount not to exceed $13,800; 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 and made a part of this Agreement.
2. Section 2 of the Agreement is amended to read as follows:
“Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or June 29, 2026, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the City’s issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 1481 consecutive calendar days from such authorization to proceed.”
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3. Section 3(a) of the Agreement is amended to read as follows:
“Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed one hundred forty one thousand four hundred dollars ($141,400), paid on a time and materials basis in accordance with the schedule of fees contained in Exhibit A-1, and a contingency amount not to exceed thirteen thousand eight hundred dollars ($13,800) for any additional work rendered pursuant to Subsection (c) below and authorized in writing by the Director.”
4. 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.
5. 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.]
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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
B y :
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
B y :
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
B y :
Deputy Date
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: Soheil Mortezaeifar
Engineer II
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1604
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]
Attachment:
Exhibit A-1 – 2025 Schedule of Fees
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Exhibit A-1