FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this __ day of November 2022 amends the Agreement entered into between the City of Fresno, a California municipal corporation (City), and MLA Green Inc, OBA 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 the design and general construction contract documents for No. 13 Park at MLK Magnet Core Project (Agreement); and
WHEREAS, Consultant has completed Parts One and Two of the Agreement; and
WHEREAS, City and Consultant now desire to modify the scope of work therein by requiring 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 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 $44,000.
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 remains 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
ATTEST:
TODD STERMER, CMC
City Clerk
By:-----------
Deputy
APPROVED AS TO FORM:
RINA GONZALES
Interim City Attorney
By:----------
Deputy
Addresses:
CITY:
City of Fresno
Attention: Tim Groh
Project Manager
2600 Fresno Street
Fresno, CA 93721
Date
Telephone No. 559-621-6868
Attachment: Attachment A
2 MLA Green Inc., dba Studio MLA,
a California Corporation
By:_·�-------...____
Name: Mia Lehrer
Title: President------------
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
By=�-<:J;Z�
Name: Mia Lehrer
Title: CFO
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Francisco Magos, PE,
Public Works Manager
Public Works Department
CONSULTANT:
MLA Green Inc.,
Attention: Ben Feldman
Principal
251 S. Mission Road
Los Angeles, CA 90033
Telephone No. (213) 384-3844
Pauline Brickley
11/3/22
Attachment A
ADDITIONAL SCOPE OF SERVICES
First Amendment between City of Fresno and Studio MLA
No. 13 Park at MLK Magnet Core Project
Item
1. Task Description
Studio-MLA will provide the necessary design coordination to include a Tot Lot feature within the proposed park with an estimated construction budget in the range of $350,000-$400,000. Studio MLA will provide the necessary design coordination with a Tot Lot equipment manufacturer, cost analysis, construction layout and details required to implement, as part of the No. 13 Park at MLK Magnet Core Project.
Scope of Work:
• "Off the shelf' Play equipment selection suitable for ages 2-5 years.
• Design space to accommodate ages 2-5 years and ages 5- 12 years.
• Play equipment for ages 5-12 years to be included as a construction option pending budget approval.
• Cost Analysis.
• Play equipment manufacture coordination
• Construction details
• Civil and Structural coordination.
Total Cost
$44,000.00
Total Cost $44,000.00
3