SECOND AMENDMENT
TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this __ day of __ , 2025 (Effective Date), amends the Requirements Contract entered into between the CITY OF FRESNO, a California municipal corporation (City), and KEMIRA WATER SOLUTIONS, INC., a Delaware corporation (Contractor).
RECITALS
1. City and Contractor entered into a three-year Requirements Contract dated February 8, 2021, to provide ferric chloride for use at the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) in the amount of $1,218,821.80, with a provision for two one-year extensions (Agreement).
2. City now requires additional ferric chloride for use at the RWRF. The parties have agreed that Contractor will provide additional ferric chloride for an increase in the contract cost.
3. On November 4, 2021, the City and Contractor entered into Amendment No. 1, which increased the not-to-exceed amount for the initial year to $1,798,821.80 and $1,554,840.00 for contract years two through five, resulting in an amended contract not-to-exceed total of $8,018,181.80.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The recitals set forth above are incorporated herein by this reference and made part of this Amendment.
2. City shall pay to Contractor the additional cost of One Million, Seven Hundred Three Thousand, Two Hundred Seventy Nine Dollars and Fifty Nine Cents ($1,703,279.59) for the fifth and final year of the Contract for a total not-to- exceed amount of Nine Million, Seven Hundred Twenty One Thousand, Four Hundred Sixty One Dollars and Thirty Nine Cents. ($9,721,461.39)
3. Except as otherwise provided herein, the Agreement as amended remains in full force and effect.
[SIGNATURES FOLLOW ON 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:
Paul Amico,
Interim Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brent Richardson Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
Interim City Clerk
By:
Date
Deputy
Kemira Water Solutions, Inc.
a Delaware 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: CONTRACTOR:
City of Fresno Kemira Water Solutions, Inc.
Department of Public Utilities Attention: Christina Imbrogno Attention: Cory Asher 4321 W. 6
th S t r e e t
5607 W Jensen Ave. Lawrence, KS 66049
Fresno, CA 93706 Telephone No. 785-842-7424
Telephone No. 559-621-5110 E-mail: [email protected] E-Mail: [email protected]
Attachments:
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