HomeMy WebLinkAboutBlair, Church, Flynn Consulting Engineers, Inc - 1st Amendment to Agreement dated 11.17.21 - 05.11.23FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this I1 day of H4 2023, amends the Agreement entered into
between the CITY OF FRESNO, a California municipal corporation (City), and BLAIR,
CHURCH & FLYNN CONSULTING ENGINEERS, INC. (Consultant).
RECITALS
WHEREAS, City and Consultant entered into a Consultant Services Agreement
for professional on -call Land Surveying Services (Agreement), dated November 17, 2021;
and
WHEREAS, City and Consultant now desire to increase the total not to'exceed the
amount of $550,000.00 of the Agreement.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1. The recitals set forth above are incorporated herein by reference and made
part of this First Amendment.
2. Section 3(n) of the Agreement is amended to read as follows:
(n) The total amount payable by the City for all Task Orders resulting from
under the Agreement shall not exceed $550,000.00. It is understood and
agreed that there is no guarantee, either expressed or implied that this
dollar amount will be authorized under this Agreement through Task Orders.
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. Further any terms or conditions contained within any exhibit or
attachment hereto which purport to modify the allocation of risk between the parties,
provided for the 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 November 17, 2021, remains in full force and effect.
[Signatures follow on the next page.]
1
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day and year first above written.
CITY OF FRESNO
a municipal corporation
By:
RANDALL W. MORRISON
Assistant Director
Public Works Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: �911-312-,
n er M. OLtanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By: (�&� Jam' 1G +23
Deputy Date
Jason A. Camit
CITY OF FRESNO
2600 Fresno Street
Fresno, CA 93721
(559) 621-8681
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BLAIR, CHURCH & FLYNN
CONSULTING ENGI E S, Inc.
By: z
Name: David Mow
Title: President/CEO
(If corporation or LLC, Board Chair, Pres.
Secretary or Vice Pres. )
By:
Name: Adam Holt
Title: CFO
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWE BY:
Scott Tyler, PE
Public Works Manager
Public Works Department
CONSULTANT:
BLAIR, CHURCH & FLYNN
Attention: David Mowry, PE