HomeMy WebLinkAboutCenturyLink Communications LLC First Amendment To 3-30-23 Agreement - 1-30-24
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
as of this _____ day of January 2024, amends the Agreement theretofore entered between
the CITY OF FRESNO, a California municipal corporation (CITY), and CENTURYLINK
COMMUNICATIONS LLC., a Delaware limited liability company, (CONSULTANT).
RECITALS
WHEREAS, the CITY and the CONSULTANT entered into a Utility Relocation,
Adjustment, and/or Protection Agreement on March 30, 2023, (Agreement) to provide utility
relocation services for the North Avenue Sewer Trunk Main Realignment (Project), for an
estimated fee of $675,081.78; and
WHEREAS, at the time of the Agreement, the CITY and the CONSULTANT jointly
acknowledged there may be a greater than anticipated cost to relocate the
telecommunications facilities; and
WHEREAS, the CITY and the CONSULTANT desire to increase the total project cost
from $675,081.78 to $778,037.57, for a net increase of $102,955.79; and
WHEREAS, with entry into this Amendment, the CONSULTANT agrees it has no
claim, demand, or dispute against the CITY.
AGREEMENT
NOW, THEREFORE, the CITY and the CONSULTANT agree that the aforesaid
Agreement be amended as follows:
1. The total project cost is $778,037.57.
2. Except as otherwise provided herein, the Agreement entered into by the CITY
and the CONSULTANT, dated March 31, 2023, remain in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE.]
DocuSign Envelope ID: 92DAF71F-AC1A-4AF2-B4CC-B1EFC966CF68
30th
IN WITNESS WHEREOF, the CITY and the CONSULTANT have executed this
Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO,
A municipal corporation
By:
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
CENTURYLINK COMMUNICATIONS,
LLC
A Delaware limited liability company
By:
Name:
Title:
(If corporation or LLC., Board
Chair, Pres. Or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
DocuSign Envelope ID: 92DAF71F-AC1A-4AF2-B4CC-B1EFC966CF68
Gary L Nelson
1/3/2024
Director - Enterprise - West Region
Vice President, Enterprise Field Operations
Robert Novak
1/3/2024
1/3/2024
1/30/2024
Tina M Your
CERTIFICATE OF THE ASSISTANT SECRETARY
OF
CENTURYLINK COMMUNICATIONS, LLC
The undersigned, Joan E. Randazzo, Assistant Secretary, hereby certifies as of the date hereof, solely in
her capacity as an officer of CenturyLink Communications, LLC (the "Company"), that:
1.I am Assistant Secretary of CenturyLink Communications, LLC, a Delaware Limited Liability Company
(the "Company").
2.The Company is duly organized, validly existing and in good standing under the laws of the State of
Delaware.
3.As of the date of this certificate, Gary Nelson is employed by the Company or one of the affiliates as
Director, and, has the authority to execute on behalf of the Company any and all documents.
IN WITNESS WHEREOF, I have hereunto set my hand of the Company this 27th day of December
2023.
______________________________
Joan E. Randazzo, as Secretary
of CenturyLink Communications, LLC
DocuSign Envelope ID: 92DAF71F-AC1A-4AF2-B4CC-B1EFC966CF68
CERTIFICATE OF THE ASSISTANT SECRETARY
OF
CENTURYLINK COMMUNICATIONS, LLC
The undersigned, Joan E. Randazzo, Assistant Secretary, hereby certifies as of the date hereof, solely in
her capacity as an officer of CenturyLink Communications, LLC (the "Company"), that:
1.I am Assistant Secretary of CenturyLink Communications, LLC, a Delaware Limited Liability Company
(the "Company").
2.The Company is duly organized, validly existing and in good standing under the laws of the State of
Delaware.
3.As of the date of this certificate, Robert Novak is employed by the Company or one of the affiliates as
Vice President, and, has the authority to execute on behalf of the Company any and all documents.
IN WITNESS WHEREOF, I have hereunto set my hand of the Company this 27th day of December
2023.
______________________________
Joan E. Randazzo, as Secretary
of CenturyLink Communications, LLC
DocuSign Envelope ID: 92DAF71F-AC1A-4AF2-B4CC-B1EFC966CF68