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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this ____ day of __________ 2025, amends the Consultant Agreement (Agreement) entered into between the CITY OF FRESNO, a California municipal corporation (City), and TJKM TRANSPORTATION CONSULTANTS, a California Corporation (Consultant), to provide professional consulting services for the Active Transportation Plan Update (Project).
RECITALS
WHEREAS, City and Consultant entered into an Agreement dated November 16, 2023, for professional consultant services (Agreement) which is effective in full force until December 31, 2025; and
WHEREAS, the Consultant has completed a portion of the Agreement; and WHEREAS, the City and Consultant now desire to extend the Agreement an additional six (6) months to June 30, 2026, to ensure completion of services; and WHEREAS, with entry into this First Amendment to Agreement, the Consultant agrees it has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree that the aforesaid Agreement be amended as follows:
1. The recitals to this First Amendment are incorporated and made a part of the Agreement.
2. The term of the Agreement shall extend six (6) months to June 30, 2026.
3. The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this First Amendment is not modified from the original agreement.
4. 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, provided for within the body of this First Amendment, shall be null and void.
5. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated November 16, 2023, remains in full force and effect.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the parties have executed this First Amendment at Fresno, California, the day and year first above written.
CITY OF FRESNO, TJKM TRANSPORTATION
a California municipal corporation CONSULTANTS
a California Corporation
By: By: ____________________________
Scott Mozier, PE, TE
Director Name: _________________________
Public Works Department
Title: ___________________________
(If corporation or LLC, Board Chair, Pres.
or Vice Pres.)
ATTEST:
AMY K. ALLER By: ____________________________
Interim City Clerk
Name: _________________________
B y :
Date Title: __________________________
Deputy (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary)
APPROVED AS TO FORM: REVIEWED BY:
ANDREW JANZ
City Attorney
Jill Gormley, TE
B y : A s s i s t a n t D i r e c t o r
Tricia Herrera Date Public Works Department
Deputy City Attorney
Addresses:
CITY: CONSULTANT:
City of Fresno TJKM Transportation Consultants
Attention: Andreina Aguilar Attention: Ruta Jariwala, Project Manager Chief Engineering Technician 4305 Hacienda Drive, Suite 550 2600 Fresno Street Pleasanton, CA 94588 Fresno, CA 93721-2623 Telephone: (925) 463-0611
Telephone: (559) 621-8674 E-mail: [email protected]
E-mail: [email protected]
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