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