FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (First Amendment) made and entered into as of this __ day of _____ 2025, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and MICHAEL K.
NUNLEY & ASSOCIATES, INC., a California Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into a Consultant Services Agreement on April 28, 2021, (Agreement) to provide engineering services for the preparation of plans and general construction contract documents for wellhead treatment improvements at Pump Stations 177 and 185 (Project) for a total fee not to exceed $309,045, paid on a time and materials basis and a contingency amount not to exceed $30,000; and WHEREAS, additional engineering services have become necessary to modify the wellhead treatment technology proposed at the two Project sites; and WHEREAS, the City and the Consultant now desire to enter into this First Amendment to the Agreement to modify the Agreement to increase the scope of work as described in Exhibit A and increase monetary consideration in an amount not to exceed $158,154, paid on a time and materials basis in accordance with the updated schedule of fees contained in Exhibit A attached hereto, increasing the total contract to an amount not to exceed $467,199 with a contingency amount not to exceed $30,000; and
WHEREAS, with entry into this First 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 good and valuable consideration hereby acknowledged, the parties agree that the Agreement be amended as follows:
1. The Consultant's Scope of Services is expanded to include modifications to the wellhead treatment technology proposed at Pump Stations 177 and 185 as specified in Exhibit A.
2. The sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be an amount not to exceed $158,154, paid on a time and materials basis.
3. In the event of any conflict between the body of this First Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this First 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 parties, provided for within the body of this First Amendment, shall be null and void. 1 547003V1
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4. Except as otherwise provided herein, the Agreement remains in full force and effect.
IN 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:------------
Francisco V. Magos II, PE, MBA, QSD
Assistant Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:D�C�
Daniel E. Casas Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
By:------------
Deputy
REVIEWED:
By: Scua/4 La-m.bd?t
Sarah J. Lambeth
Senior Management Analyst
Capital Projects Department
ADDRESSES:
CITY OF FRESNO
Attention: Anita Luera
Project Manager
747 R Street, 2nd Floor
Fresno, CA 93721
Phone: (559) 621-8834
E-mail: [email protected]
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Date
MICHAEL K. NUNLEY & ASSOCIATES, INC.,
a California corporation
::me: � u��y �
Title:
Title:
President/CEO ------------
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Principal
------------
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
MICHAEL K. NUNLEY & ASSOCIATES, INC.
Attention: Henry Liang
Operations Manager
8405 N. Fresno Street, Suite 120
Fresno, CA 93720
Phone: 559-500-4750 x1102
E-mail: [email protected]
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