DRAFT REINSTATEMENT AND FIRST AMENDMENT TO
CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF SUNNYVALE AND MICHAEL BAKER INTERNATIONAL, INC.
FOR ON-CALL ENGINEERING, DESIGN, AND CONSTRUCTION SUPPORT
SERVICES FOR PAVEMENT REHABILITATION
This Reinstatement an d First Amendment to Consultant Services Agreement, dated _________________, and retroactively effective to May 24, 2023 (“Effect ive Date”), is by and between the CITY OF SUNNYVALE ("CITY"), a municipal corporation, and MICHAEL BAKER INTERNATIONAL, INC. ("CONSULTANT").
WHEREAS, the CITY and CONSULTANT entered into a Consultant Services Agreement on May 12, 2021 (“Agreement”), whereby CONSULTANT would provide on-call engineering, design, and construction support services for pavement rehabilitation; and WHEREAS, the Agreement expired on May 23, 2023, and the Parties now desire to reinstate said Agreement retroactively effective to May 24, 2023, and extend the term of the Agreement to December 31, 2024; and
WHEREAS, the CITY and CONSULTANT no w agree that a Re instatement and an Amendment to said Agreement is advisable;
NOW, THEREFORE, THE CITY AND CO NSULTANT ENTER INTO THIS FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT:
1. The Agreement is hereby reinstated in it s entirety and retroactively applied as of the Effective Date, except as amended herein below.
2. Section 3 of the Agreement entitled “Time fo r Performance” is hereby amended to read as follows:
3 . Time for Performance
The term of this Agreement shall be from May 24, 2021 through December 31, 2024, unless otherwise terminated.
CONSULTANT shall deliver the agreed upon
services to CITY as specified in Exhibit "A". Extensions of time may be granted by the City Manager upon a showing of good cause.
3. All other terms and conditions remain unchanged and are in effect.
REMAINDER OF PAGE IS INTENTIONALLY BLANK.
Attachment 2
IN WITNESS WHEREOF, the parties have executed this Reinstatement and First Amendment to the Agreement.
CITY OF SUNNYVALE ("CITY") MICHAEL BAKER INTERNATIONAL, INC. ( “ C O N S U L T A N T ” )
By _____________________________ By _________ ____________________ City Manager
________________________________
Name and Title
A T T E S T :
By _____________________________
By ___________________________
City Clerk ________________________________
Name and Title
APPROVED AS TO FORM:
By ___________________________
City Attorney
Attachment 2