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HomeMy WebLinkAboutWRT - Mariposa Plaza Project - Amdt. 1 - 2021 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (“Amendment”) made and entered into as of this 15 day of January, 2021, amends the Agreement heretofore entered into between the CITY OF FRESNO, a municipal corporation (“City”), and WRT, Inc., a Delaware Corporation (“Consultant”). RECITALS City and Consultant entered into an Agreement, dated March 5, 2020, for professional engineering services for design, plans, and general construction documents for the Mariposa Plaza Project, (“Agreement”); Consultant is working on Part One of the Agreement; and City and Consultant now desire to modify the scope of work, therein, by requiring additional services. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree that the aforesaid Agreement be amended as follows: 1. Consultant shall provide additional services as described in Attachment “A”, attached hereto and incorporated herein by reference. Such additional services shall be completed within 60 days following execution of this Amendment by both parties. 2. Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of $5,200.00. 3. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this 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 Exhi bit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 4. Except as otherwise provided herein, the Agreement entered into by C ity and Consultant, dated March 5, 2020, remains in full force and effect. DocuSign Envelope ID: 898D95CE-FD59-43C6-8A5B-9EC39EBDEF6E 2 IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, WRT Inc., a municipal corporation a Delaware Corporation ____________________ By: ____________________________ Randall W. Morrison, P.E. Assistant Director Name: _________________________ Public Works Department Title: ___________________________ (If corporation or LLC, Board Chair, Pres. or Vice Pres.) ATTEST: YVONNE SPENCE, CMC By: ____________________________ City Clerk Name: _________________________ By: Deputy Title: __________________________ (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) APPROVED AS TO FORM: REVIEWED BY: DOUGLAS T. SLOAN City Attorney Scott Tyler, PE By: Public Works Manager Deputy Date Public Works Department Addresses: CITY: CONSULTANT: City of Fresno WRT, Inc. Attention: Cecilio F. Garcia Attention: John Gibbs 2600 Fresno Street, 4th Floor 478 Tehama St., Suite 2B Fresno, CA. 93721-3623 San Francisco, CA 94103 Telephone No. (559) 621-8657 Telephone No. (415) 575-4722 FAX. (559) 457-1587 Attachment: Attachment “A” DocuSign Envelope ID: 898D95CE-FD59-43C6-8A5B-9EC39EBDEF6E James Stickley Vice President & Assistant Secretary Maarten Pesch Principal 3 Attachment A ADDITIONAL SCOPE OF SERVICES Consultant Service First Amendment to Agreement between City of Fresno (“City”) and WRT, Inc. (“Consultant”) Mariposa Plaza Project Title Consultant and its sub consultants shall perform each of the tasks described below in item 1. The consultant fee to provide additional design services is itemized as follows: Item Task Description Total Cost 1. Consultant will revise the community meeting presentation to include the three conceptual alternatives, and provide the community with an opportunity to provide feedback on the alternatives, will develop a prioritization exercise and/or poll to run during the meeting, and will revise the pop-up presentation materials to show the conceptual alternatives. $5,200.00 Total Cost $5,200.00 The tasks described above shall be completed in 60 calendar days from the date the parties execute the First Amendment to Agreement. DocuSign Envelope ID: 898D95CE-FD59-43C6-8A5B-9EC39EBDEF6E PHL_A #1599413 v2 WALLACE ROBERTS & TODD, INC. UNANIMOUS CONSENT OF DIRECTORS The undersigned, being all of the directors of Wallace Roberts & Todd, Inc., a Delaware corporation (the “Corporation”), in accordance with Section 141(f) of the General Corporation Law of the State of Delaware and in lieu of a meeting of the Board of Directors, hereby unanimously consent to and adopt the following resolutions: RESOLVED, that each of the following persons is hereby elected to the offices set forth opposite his or her name to serve at the pleasure of the Board: Joseph W. Healy Chairman and President James K. Stickley Vice President and Assistant Secretary John Gibbs Vice President Woo S. Kim Vice President Richard P. King Vice President Maarten I. Pesch Vice President Keiko Tsuruta Cramer Vice President Susan E. Sweeney Secretary James G. Casson Treasurer RESOLVED, that this Consent be filed with the Secretary of the Corporation. Dated: 02/12/2018 _______________________________________ Joseph W. Healy __________________________________________ James K. Stickley DocuSign Envelope ID: 898D95CE-FD59-43C6-8A5B-9EC39EBDEF6E