Loading...
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