SECOND AMENDMENT TO CONSULTANT AGREEMENT
THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT (Amendment) effective as of ______ 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 10, 2022, to provide compensation for professional engineering services for Design of Booster Pump Replacements at Pump Stations 89A, 150, and 176 (Project).
RECITALS
WHEREAS, pursuant to the Agreement the City provided compensation to the Consultant for an amount not to exceed $102,523, paid on a time and materials basis, and a contingency amount not to exceed $15,379, for an initial term from June 10, 2022 through December 31, 2024; and
WHEREAS, on December 16, 2024, the City and Consultant entered into a First Amendment to the Agreement to replace Pump Station 133 with Pump Station 176 and extend the term of the Agreement to October 31, 2026, without changing the overall compensation of the Agreement; and
WHEREAS, additional design services have become necessary to replace the deaeration tank with an aeration tank at Pump Station 89A; and WHEREAS, the City and Consultant now desire to enter into this Second Amendment to modify the Agreement to extend the term to December 31, 2027, increase the scope of work as set forth in Exhibit A (Additional Scope of Services) attached hereto, and increase monetary consideration in an amount not to exceed $126,754, paid on a time and materials basis in accordance with the updated schedule of fees contained in Exhibit B attached hereto, with an additional contingency amount not to exceed $19,013, increasing the total contract to $229,277, with a contingency amount not to exceed $34,392; and
WHEREAS, the term of the Agreement is extended up to and including December 31, 2027.
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 up to and including December 31, 2027.
2. Exhibit A, the Additional Scope of Services shall incorporate the remaining work set forth in the original Agreement for P89A, P150 and P176. 1 540837vl
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
Michael K. Nunley & Associates, Inc.,
a California corporation
By: ____________ _
FRANCISCO V. MAGOS 11, PE,
MBA, QSD
By: (11;jJ/(�
Name: Michael Nunley
Assistant Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
Title: PresidenVCEO
-----------
(If corporation or LLC., Board Chair, Pres.
or Vice Pres.) -
By:/�* Cim:Y\\
By: lULdt)/Ul.Mv
� � &-20z('Name: _H_ e_ n_ry_L_ia_ng ____ _
tricia Herrera
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
Date Title: Operations Manager
(Jf corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Sarah J Lambeth
By: _____________ Senior Management Analyst
Deputy
Addresses:
CITY:
City of Fresno
Attention: Charles Masters
Project Manger
7 4 7 R Street, Second Floor
Fresno, CA 93721
540837vl
Date Capital Projects Department
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
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