HomeMy WebLinkAboutUltraSystems Environmental Inc, - Third Amendment to Agreement - 09.29.23THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this 2-j day of SEPTvYvkC3C4z2023, amends the Agreement entered into
between the City of Fresno, a California municipal corporation (City), and UltraSystems
Environmental Inc., a California Corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an Agreement, dated
September 8, 2021, for professional environmental services for technical studies and
memoranda for McKinley Avenue Widening between Marks Avenue to Hughes Avenue,
(Agreement); and
WHEREAS, on September 7, 2022, the City and the Consultant executed a First
Amendment to the Agreement, extending the time for performance to September 30,
2023; and
WHEREAS, on February 14, 2023, the City and the Consultant executed a Second
Amendment to the Agreement, modifying the scope of work and increasing the
compensation; and
WHEREAS, the Consultant has completed a portion of the professional
engineering services identified in the Agreement; and
WHEREAS, the City and Consultant now desire to modify the time for performance
to allow the Consultant to complete the Scope of Work.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1. The term of the Agreement shall be extended to September 30, 2024, as
described in Attachment A, attached hereto and incorporated herein by reference.
2. No additional compensation shall be rendered as a result of this
Amendment.
3. In the event of any conflict between the body of this Third Amendment and
any exhibit or attachment hereto, the terms and conditions of the body of this Third
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
the parties, provided for within the body of this Third Amendment, shall be null and void.
4. Except as otherwise provided herein, the Agreement shall remain in full
force and effect.
[Signatures follow on the next page.]
IN WITNESS WHEREOF the parties have executed this Third Amendment at
Fresno, California, the day and year first above written.
City of Fresno,
a California municipal corporation
By:
Randall W. Morrison, P.E.
Director
Capital Projects Department
ATTEST:
TODD STERMER, CMC
City Clerk
By: _. 01
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: a 3k qj 4 V21
44Jennifer M. Quintanilla Date
Senior Deputy City Attorney
Addresses:
CITY:
City of Fresno
Attention: Brandon Chacon
2600 Fresno Street, 4th Floor
Fresno, CA. 93721-3623
Telephone No. (559) 621-8713
FAX. N/A
Attachment: Attachment A
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UltraSystems Environmental Inc.,
a California Corporation
By:
Name: Betsy A. Lindsay
Title: President/CEO
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Name: Betsy A. Lindsay
Title: Secretary
(If corporation or LLC., CFO Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Brandon Chacon
Projects Administrator
Capital Projects Department
CONSULTANT:
UltraSystems Environmental Inc.
Attention: Michael Rogozen, D. Env.,
Senior Principal Engineer
16431 Scientific Way
Irvine, CA 92618
Telephone No. (949) 788-4900
FAX: (949) 788-4901
ATTACHMENT A
ADDITIONAL SCOPE OF SERVICES
Third Amendment to Consultant Service Agreement between City of Fresno (City) and
UltraSystems Environmental Inc. (Consultant)
McKinley Avenue Widening from Marks Avenue to Hughes Avenue
Consultant's agreement performance period expires September 30, 2023. All Tasks of
the agreement are not complete. This amendment extends the Consultant's performance
period to September 30, 2024. No additional compensation shall be rendered with this
Third Amendment.
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