HomeMy WebLinkAboutStudio MLA (MLA Green Inc. - 2nd Amdt. Agrmnt. 1-27-2023SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and
entered into as of this2 day of 2023, amends the Agreement entered
into between the CITY OF FRESNO, a Cali ornia municipal corporation (City), and MLA
Green Inc., dba Studio -MLA, a California Corporation (Consultant).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated October 7,
2021, for professional Landscape Architectural and Engineering services for design and
general conditions contract documents for No. 13 Park at MLK Magnet Core Project
(Agreement); and
WHEREAS, Consultant has completed the Parts One and Two portion of the
Agreement; and
WHEREAS, City and Consultant now desire to modify the scope of work therein
by requiring additional services; and
WHEREAS, the available contingency amount of $34,500 from the original
agreement will be utilized to cover the total fee amount of $12,000 for this Amendment.
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 45 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 $12,000, utilized
from the contingency.
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 exhibit
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 City
and Consultant, dated October 7, 2021, and amended on November 21, 2022, remain in
full force and effect.
(Signatures follow on the next page.]
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO
a California municipal corporation
By: _
RANDALL W. MORRISON
Assistant Director
Public Works Department
APPROVED AS TO FORM
ANDREW JANZ
City A r
By:
4
ndon . Collet
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
B Vk
Date
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Addresses:
CITY:
City of Fresno
Attention: L. Nathan Sanchez
Projects Administrator
2600 Fresno Street, Room 40106
Fresno, CA 93721
Phone: (559) 621-8682
Attachment: Attachment A
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MLA Green Inc., dba Studio -MLA, a
California Corporation
Name: H i A L e kr c r
Title: Pr t - 6 J'j v'-J �
(If corporation or LLC, Board Chair, Pres.
of Vice-Pres.)
By.
Name: �--i, -, Ui, -, i-
Title: r acJ It z r
(If corporation or LLC,CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
L. Nathan Sanche
Projects Administrator
Public Works Department
CONSULTANT:
MLA Green Inc., dba Studio -MLA
Attention: Ben Feldman
Principal
251 S. Mission Road
Los Angeles, CA 90033
Telephone No. (213) 384-3844
Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Second Amendment to Agreement between City of Fresno (City)
and MLA Green Inc, DBA Studio MLA (Consultant)
No. 13 Park at MLK Magnet Core
Additional Scope of Services includes, but is not limited to: providing landscape
architectural design and engineering services for the incorporation of the lift station to
facilitate proper functionality of the proposed restroom in the park site. Consultant will
coordinate and oversee their Civil Engineering and Electrical Engineering Sub -
Consultants for the project to ensure quality assurance and quality control of the design.
It has been determined during design of the project overall Development, that a lift station
for sewer service will need to be added onto the park site.
The following design criteria was determined during the initial design and research:
• Minimum of 1000-gallon capacity.
• Include a secondary cast iron manhole cover suitable to allow access to the
standard tank access and including a concrete apron.
• Orient tank structure for ease of service by maintenance vehicle.
• Pump control panel shall be located in or attached to the restroom building.
• Include audible and visual alarm in or attached to restroom building.
Provide sewer house branch connected to the loop road sewer pipeline. The
service shall be capped at the restroom to allow for ease of connection to the
restroom when the permanent lift station becomes operational. Outlined below
is a summary of the additional scope of service required for this project and our
proposed fee amendment.
Civil Engineering Scope of Services include, but not be limited to:
• Prepare plans and specifications for construction of an onsite lift station based
upon the City's design criteria stated above utilizing a Septic Tank with Effluent
Pump (STEP) system. The Orenco Systems STEP System to be the basis of
design and specifications, however will not be specified as a sole source product.
• Prepare plans and specifications for construction of a sewer force main from the
STEP system, the intersection of Grove and Martin Luther King Blvd., all within
the existing City easement.
The following are specifically excluded from our scope of services.
• Force main to be constructed in existing easement, no new dedications
required.
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