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HomeMy WebLinkAboutMark Thomas & Company Inc - 1st Amdnt Agreement - 12-13-2022LIUUU01YII CI IVCIUPU IL/, rUY1CUCUFI- I'4U0--+:1134-�/ 10-OVDULJU I UJDUI FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 13th day of December 2022, amends the Agreement entered into between the City of Fresno, a California municipal corporation (City), and Mark Thomas & Company Inc., a California Corporation (Consultant). RECITALS WHEREAS, the City and the Consultant entered into an Agreement, dated June 22, 2020, for Professional Engineering services for the design of plans and general construction documents for the MLK Center Active Transportation Infrastructure Project, (Agreement); and WHEREAS, the Consultant has completed Parts One and Two of the Agreement; and WHEREAS, the City and Consultant now desire to modify the scope of work, to require additional services. AGREEMENT NOW, THEREFORE, the parties agree that the 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 21 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 $30,000. 3. In the event of any conflict between the body of this First Amendment and any exhibit or attachment hereto, the terms and conditions of the body of this First 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, providers for within the body of this First Amendment, shall be null and void. 4. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated June 22, 2020, remains in full force and effect. [Signatures follow on the next page.] UUUU,D1 1I CI IVt11Upt/ IU. rJMCV CJM- 1,+U0-4:713L-y1 1 O-JUDULI"J I LJJDJ I IN WITNESS WHEREOF the parties have executed this First Amendment at Fresno, California, the day and year first above written. City of Fresno, a California municipal corporation DocuSffign++errd by: BAl. msby, 12/14/2022 dfffll*tPMorrison, P.E., Assistant Director Public Works Department ATTEST: TODD STERMER, CMC City Clerk Doc"Signed by: B twa b 12/14/2022 2FB6N"`YE1 . Date APPROVED AS TO FORM: ANDREW JANZ City Attorney QocuSigned by: By Q Ac 6yi 12/14/2022 gbpamwKarst Date 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 Mark Thomas & Company Inc., a California Corporation DocuSigned by: ByA 12/14/2022 p320aE57856S4DF Name: Ed Nori ega Title: Division Manager - Associate Principal (if corporation or LLC., Board Chair, Pres. or Vice Pres.) DocuSigned by: ByF12/14/2022 {{`-SC7CAF37t688d73. Name: Matt Brogan Title: Principal/vice President (If corporation or LLC., CFO Treasurer, Secretary or Assistant Secretary) REVIEWED BY: OocuSigned by: bVw v, 12/14/2022 off dWfICIftaco n Projects Administrator Public Works Department CONSULTANT: Mark Thomas & Company Inc., Attention: Cynthia Horner, PE Project Manager 7571 N Remington Ave, Suite 102 Fresno, CA 93711 Telephone No. (559) 447-1938 FAX: NA LIUUU01 II CI IVCIVFlu IU. I 10-JUDVL/J IUJDJ I ATTACHMENT A ADDITIONAL SCOPE OF SERVICES First Amendment to Consultant Service Agreement between City of Fresno (City) and Mark Thomas & Company Inc. (Consultant) MLK Center Active Transportation Infrastructure Consultant (Mark Thomas & Company Inc.) shall perform each of the tasks described below in Items 1 & 2. The Consultant fee to provide additional design services is itemized as follows: Item Task Description Total Cost 1. Design Scope Changes related to pavement section redesign $24,680 including updating Corridor and General Sections to reflect pavement design strategy along Church Avenue and MLK Boulevard, redesigning flowline elevations along Church Avenue and MLK Boulevard, incorporating additional topographic data, additional management, and coordination. 2. Design Scope Changes related to the addition of street lighting $5,320 along Walnut Avenue. Total Cost $30,000 3