MARK THOMAS & COMPANY, INC. (2) - Laserfiche WebLink

Second Amendment, CIP 11514 Page 1 SECOND AMENDMENT TO AGREEMENT This Second Amendment to Agreement ("Second Amendment") is entered into this July 16, 2024 by the City of Pleasanton ("City") and Mark Thomas & Company, Inc. ("Consultant”) Whereas, on December 6, 2022, the City and Mark Thomas & Company, Inc. entered into a Professional Services Agreement for engineering services (“Agreement") (Agreement No. 2023416) where Consultant is to provide 35 percent design services for the West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514; and Whereas, on June 14, 2024, the City and Mark Thomas & Company, Inc. entered into First Amendment to the agreement extending the term of the agreement to August 1, 2024 to complete the 35 percent design plans; and Whereas, additional services are needed to provide 100 percent design plan and biddable construction documents. The parties desire to amend to the contract to include additional services as outlined on Mark Thomas & Company, Inc. proposal (attached herein as “Exhibit 1”) for additional compensation of $2,249,371.15 Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Section 1 of the Agreement, "Consultant’s Services” is amended to include additional services outlined on “Exhibit 1” to Exhibit “A”, Scope of Work; and 2. Section 3 of the Agreement, " Term" is amended to read: The term of the Agreement is extended to December 31, 2025. 3. Section 5 of the Agreement, “Compensation” is amended to read: The compensation is increasing by $2,249,371.15 for a new total compensation amount of $2,773,516.15. Total compensation for services and reimbursement for costs shall not exceed this total unless parties agree pursuant to Section 8; and 4. This amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 5. All other terms and conditions of the Agreement shall remain in full force and effect. Docusign Envelope ID: CFB4D269-E371-4DA6-B769-59DDBD4C7856Docusign Envelope ID: B363250F-E21F-4652-B170-E77C9043D4FB