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HomeMy WebLinkAboutCornerstone Structural Engineering Group Inc. First Amendment to Agreement - 4-14-2025FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this i A day of AP IR 1 j 2025, amends the Agreement between the CITY OF FRESNO, a California municipal corporation (City), and CORNERSTONE STRUCTURAL ENGINEERING GROUP, INC., a California Corporation (Consultant), entered into on December 13, 2018, to provide professional engineering services for the Bridge Preventative Maintenance Program Phase 2 project (Project). RECITALS WHEREAS, pursuant to the Agreement, the City is to provide compensation to the Consultant for a total fee of $82,068, and a contingency amount not to exceed $7,500 for any additional work rendered pursuant to Section 3(d); and WHEREAS, the Consultant received a Request for Information (RFI) during Phase 5 — Construction Services that will require additional work that is not within the current scope of work; and WHEREAS, the City has reviewed the project requirements and determined the need for additional scope of work to address these changes; and WHEREAS, the City and Consultant desire to keep time for performance for each part of the scope of work, as specific in the Agreement, unchanged; and WHEREAS, the City and Consultant now desire to enter into this First Amendment to modify the scope of work and increase the compensation by $2,474.56 to be paid from the contingency amount of $7,500. WHEREAS, with entry into this First Amendment, the Consultant agrees it has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, the parties agree that the Agreement be amended as follows 1. The Consultant's scope of work is modified to add work to Phase 5 — Construction Services as depicted in Exhibit A-1. The time for performance for each part of the scope of work, as specified in Section 1 of the Agreement, is not modified by this Amendment. 2. Consultant's sole compensation for the satisfactory performance of all services required or rendered pursuant to this First Amendment shall be a total fee of $2,474.56, to be paid from contingency, $7,500, leaving a remaining contingency of $5,025.44. A total of $2,474.56 shall be allocated to Phase 5 — Construction Services, as specified in Exhibit A-1. The fee as referenced in the original agreement (Compensation) of $82,068 shall be increased by $2,474.56 for a fee not to exceed $84,542.56. 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 entered into by City and Consultant, dated December 13, 2018, remain 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: c� Scott Sehm, PE Assistant Director Capital Projects Department APPROVED AS TO FORM: ANDREW JANZ City torney By:� ricia Herrera Date Deputy City Attorney ATTEST: TODD STERMER, MMC City C By. vt's" p-ta G Date Deputy Addresses: CITY: City of Fresno Attn: Rama Ziade 747 R Street, 2"d Floor Fresno, CA 93721 Telephone: (559) 621-8858 Cornerstone Structural Engineering Group, Inc., A California corporation Name: Shawn Cul Title: President (If corporation or LLC., Board Chair, Pres. or Vice Pres.) Title: S (If corporation or LLC., CFO., Treasurer, Secretary or Assistant Secretary) REVIEWED BY: RAMA ZIAOE Da e Engineer I Capital Projects Department CONSULTANT - Cornerstone Structural Engineering Group, INC. Attn: Shawn M. Cullers, SE 986 West Alluvial Avenue, Suite 201 Fresno, CA 93711 Phone: (559) 320-3200 FAX: (559) 320-3201 Attachment- Exhibit A-1 —Additional Scope of Services Exhibit A-1 ADDITIONAL SCOPE OF SERVICES Consultant Service First Amendment to Agreement between City of Fresno ("City") and Cornerstone Structural Engineering Group, Inc. ("Consultant") Bridge Preventative Maintenance Pro ram Phase 2 Phase 5 — Construction Services During construction of the preventative maintenance at Bridge No. 42C0198 (located at First & Dry Creek, just south of McKinley) a previously undiscovered gas line owned by PG&E was located beneath the bridge during channel excavation. The fee for Phase 5 (Construction Support Services) was not scoped with this line in mind. This task includes performing ongoing general project management with the City, FID, and PG&E including attending meetings and additional coordination. The consultant shall add or modify the plans regarding the encapsulation on First St. A. Attend constructability review meetings with the City, Contractor, and PG&E regarding discovered utility lines and gas line encapsulation. B. Coordinate with FID and PG&E on the proposed gas line encapsulation. C. Participate in a field meeting with the City and FID at First & McKinley. D. Send draft details regarding gas line encapsulation for City and PG&E review. E. Finalize details regarding gas line encapsulation. F. Provide additional structural details for the plans.