ATTACHMENT 1
1 SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
This Second Amendment to Agreement for Professional Services (“Second Amendment”) is entered into as of ____________, 2024 and is to that certain Agreement by and between the City of Norwalk, a California municipal corporation (“City”) and Mark Thomas and Company, Inc., a California corporation (“Consultant”) (collectively referred to as “Parties”) dated January 30, 2019 (“Agreement”).
R E C I T A L S
A. On January 30, 2019, the Parties entered into an Agreement for Professional Services to provide professional Design Services for Firestone Boulevard Widening from Hoxie Avenue to Imperial Highway (City Project No. 7196).
B. On February 28, 2024, the Parties entered into a First Amendment (“First Amendment”) to Agreement for Professional Services to increase the maximum compensation.
C. Pursuant to Sections 3, and 21 of the Agreement, the Parties desire to amend the Agreement once more to modify the Scope of Services and corresponding maximum compensation pursuant to the Consultant’s proposal attached hereto as Exhibit A-1, which is hereby incorporated by reference into the Agreement.
Now, therefore, and for good consideration, the Parties agree to modify the Agreement as follows:
Section 1.Section 1.1 of the Agreement is amended to read in its entirety as follows:
“Scope of Services. Consultant shall provide the professional services, as more particularly described in Exhibits B, B-1, and B-2 (“Services”).” Section 2.Section 3 of the Agreement is hereby amended to include a second paragraph as follows:
“3.2 Compensation. As compensation for Consultant’s Services (as contemplated under the Second Amendment) to provide Construction Support Services for Project No. 7196, City shall pay Consultant an additional sum not-to-exceed One Hundred Ninety-Nine Thousand Dollars ($199,000.00) (“the additional compensation”). In no event shall the Consultant be paid more than the additional compensation (which includes expenses and additional services, if any) during the term of this Agreement.” Section 3.Except as expressly modified or supplemented by this Second Amendment, all other provisions of the Agreement shall remain unaltered and in full 2 force and effect. In the event of a conflict between the provisions of this Second Amendment and the provisions of the Agreement and any applicable amendments thereto, the provisions of this Second Amendment shall control. [SIGNATURE PAGE FOLLOWS]
The Parties, through their respective authorized representatives, are signing this Second Amendment on the date stated in the introductory clause.
CITY OF NORWALK
a California municipal corporation
By:
Jesus M. Gomez
City Manager
Date:____________________________
ATTEST:
By:
Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
MARK THOMAS AND COMPANY, INC.
a California Corporation
By:
Name: __________________________
Title: ___________________________
By:
Name: __________________________
Title: ___________________________