Contract Number: BF20537997-A-0001
Amendment Number: 1
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FIRST AMENDMENT TO PRELIMINARY ENGINEERING
SERVICES AGREEMENT
THIS FIRST AMENDMENT AGREEMENT (hereinafter called “First Amendment”) is dated ___________________ (Effective Date), by and between BNSF RAILWAY COMPANY , a Delaware corporation (“BNSF”), the City of Fresno , a California municipal corporation, (“Agency”), or collectively referred to as “Parties”.
RECITALS:
WHEREAS, BNSF and Agency entered into to a Preliminary Engineering Services Agreement dated November 15, 2024 also referred to as BNSF’s Contract Number BF-20537997; and
WHEREAS, the Preliminary Engineering Services Agreement is modified by the terms of this First Amendment and they shall be referred to collectively herein as the "Agreement"; and
WHEREAS, the Parties hereto desire to amend the Agreement by increasing the estimated BNSF costs because BNSF project costs have increased due to project circumstances, delays, and scope changes; and
WHEREAS, except as herein expressly amended, the Agreement and each and every term, covenant, and condition therein shall remain in full force and effect.
NOW, THEREFORE, in consideration of the mutual covenants exchanged herein and other good and valuable consideration, the adequacy of which is hereby acknowledged, BNSF and Agency agree to amend the Agreement as follows:
AGREEMENT:
1. Term of the First Amendment. This First Amendment shall commence upon the date first written above (Effective Date) and shall remain in full force and effect through the term of the Agreement, as amended, unless terminated at an earlier date pursuant to the provisions of the Agreement, or pursuant to federal or state statute, rule, or regulation.
2. Amendments. As of the Effective Date of this First Amendment, the following portions of the Agreement are amended and superseded as follows:
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Contract Number: BF20537997-A-0001
Amendment Number: 1
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Article 2) Payment for Work: Section 2 paragraph 1 of the Agreement is deleted in its entirety and replaced with the following:
Agency authorizes BNSF to proceed with the Work relating to the Project. Agency shall pay and reimburse BNSF for all actual costs and expenses that BNSF incurs in performing the Work, including without limitation: (a) labor and supplies; (b) direct and indirect labor and contractor charges including additives; (c) BNSF’s additives and overhead, as such are in effect on the date BNSF prepares its final billing; and (d) all applicable taxes due, paid, or payable by BNSF on such products and services, including sales and use taxes, business and occupation taxes, and similar taxes (collectively, “Actual Costs”). BNSF’s estimated cost for Work on this Project is $159,952.61 (“Estimated Cost”). Any estimate provided by BNSF for the Work shall not be a limitation on the Work to be performed or the costs and expenses incurred, which Agency shall reimburse to BNSF in full.
Except as amended herein, the terms and conditions of the Agreement remain in effect.
Capitalized terms not defined herein have the same meaning as set forth in the Agreement.
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Contract Number: BF20537997-A-0001
Amendment Number: 1
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IN WITNESS WHEREOF, the Parties have entered into this First Amendment as of the date first written above.
CITY OF FRESNO,
a California municipal corporation
By:
Paul Amico, Director
Department of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Sr. Deputy City Attorney
ATTEST:
AMY K. ALLER
Interim City Clerk
By:
Date
Deputy
BNSF RAILWAY COMPANY,
a Delaware corporation
By:
Name:
Title:
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