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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 2 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. 3