HomeMy WebLinkAboutPrecision Civil Engineering Inc 1st Amendment to 1.26.22 - ConsultantFIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this ~ day of July 2022, amends the Agreement entered into between the
CITY OF FRESNO, a California municipal corporation (City), and Precision Civil
Engineering, Inc., a Cal;fornia corporation (Consultant).
RECITALS
WHEREAS, the City and Consultant entered into an Agreement dated January 26,
2022, for a professional environmental assessment for the Citywide Senior Center project
(Agreement); and
WHEREAS, Consultant has completed the Initial Study portion of the Agreement;
and
WHEREAS, the City and Consultant now desire to modify the scope of work
therein by requiring additional services.
WHEREAS, due to the need for additional services, the parties desire to_ increase
the total compensation by an additional $11,500 to complete the expanded Scope of
Services; and
WHEREAS, with entry into this Amendment, Consultant agrees that it has no
claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1 . Consultant shall provide additional services as described in Attachment A,
attached hereto, and incorporated herein by reference . Such additional services shall be
completed within 45 calendar days following execution of this Amendment by both parties.
2. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total fee of $11,500.00.
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 January 26, 2022, remains in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno,
California, the day, and year first above written .
CITY OF FRESNO,
am · {.p ,iq ,zo~
By: =-==.-----=-----:1.----
Wi lllam C. Herr,
Assistant Director
Public Works Department
ATTEST:
TODD STERMER, CMC
City Clerk ~ , /
By /?'f/f ~~--Z.
~~
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
By~-~kbA
Angela M. Karst 'oatt?
Deputy City Attorney
Addresses :
CITY:
City of Fresno
Attention : Debbie Bernard
2101 'G' Street, Bldg. C
Fresno, CA 93706-1620
Telephone No. 559-621-1201
FAX . 559-457-1517
Attachment: Attachment A
2
Precision Civil Engineering, Inc.,
a California co~ratl of
~~D
Name: Q) 16+?:D D..DJN).:8_-.Jfl-,_
Title: p JZ:,;.,s, 10?t-1r:
(If corporation or LLC, Board Chair, Pres.
~ .LJD.DJ2\
Name: ~~D D°C<J~Urz.
Title: ~a:;.,C
(If corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Debbie Bernard
Debbie Bernard
Project Manager
Public Works Department
CONSULTANT:
Precision Civil Engineering, Inc.
Attention: Bonique Emerson
Project Manager
1234 'O' Street
Fresno, CA 93721
Telephone No. (559) 449-4500
FAX: (559) 449-4515
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered
into as of this __ day of July 2022, amends the Agreement entered into between the
CITY OF FRESNO, a California municipal corporation (City), and Precision Civil
Engineering, Inc., a Cal)fornia corporation (Consultant).
RECITALS
WHEREAS, the City and Consultant entered into an Agreement dated January 26,
2022, for a professional environmental assessment for the Citywide Senior Center project
(Agreement); and
WHEREAS, Consultant has completed the Initial Study portion of the Agreement;
and
WHEREAS, the City and Consultant now desire to modify the scope of work
therein by requiring additional services.
WHEREAS, due to the need for additional services, the parties desire to increase
the total compensation by an additional $11,500 to complete the expanded Scope of
Services; and
WHEREAS, with entry into this Amendment, Consultant agrees that it has no
claim, demands, or disputes against the City.
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
1. Consultant shall provide additional services as described in Attachment A,
attached hereto, and incorporated herein by reference. Such additional services shall be
completed within 45 calendar days following execution of this Amendment by both parties.
2. Consultant's sole compensation for satisfactory performance of all services
required or rendered pursuant to this Amendment shall be a total fee of $11,500.00.
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 January 26, 2022, remains in full force and effect.
1
Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service First Amendment to Agreement between City of Fresno (City) and
Precision Civil Engineering, Inc. (Consultant)
Environmental Assessment for Citywide Senior Center
Additional Scope of Services includes but are not limited to: Consultant shall prepare in
Initial Study (IS) and Negative Declaration or Mitigated Negative Declaration (ND/MND)
in accordance with the requirements of the California Quality Act (CEQA) and any
relevant case law. Consultant will utilize any established templates, specifications,
background information or setting language if proved by the City of Fresno (City).
The project includes the acquisition of property located on the west side of North
Blackstone Avenue between East Holland Avenue and East Swift Avenue at 4343 North
Blackstone Avenue and 4233-4333 North Blackstone Avenue in order to develop a senior
center and housing project.
The IS/ND/MND will include the following at a minimum:
1. Introduction -Regulatory Information and Document Format
2 . Project Description -Project Title, Lead Agency, Contacts, Location and
Coordinates, Land Use and Zoning, Project Description, Setting, Required
Approval from Other Agencies, Tribal Consultation
3 . Environmental Determination -MND or ND
4. Impact Analysis (per Appendix G: Aesthetics, Agriculture, etc.)
5. Mitigation Monitoring and Reporting Program (if applicable) -Mitigation
Measure(s), Responsible Party for Implementation, Responsible Party for
Monitoring, Timeframe for Implementation, Confirmation of Implementation
6. Technical Appendices -CalEEMod Output Files (or SPAL analysis), CHRIS
Record Search, and VMT analysis.
7 . Cover Page, Table of Contents, List of Tables and Figures
Consultant shall provide a draft document to the City to review and will make changes as
needed. The draft IS/ND/MND and MMRP will be completed within 6 weeks of the City
issuing the Notice to Proceed. The draft document will be submitted electronically, the
Administrative Draft IS, MMRP, and MND/ND Finding Document (for posting) will be
submitted in a Word document. The technical studies will be submitted as PDF
documents. Consultant shall go through a round of edits on the Administrative Draft, with
the understanding that multiple edits may be required depending on the City's review of
the Administrative Draft.
Consultant will revise the Administrative Draft within 7 days of receiving comments and
revisions from 'the City and prepare the Public Draft IS/ND/MND and MMRP. Consultant
will also prepare the NOi if necessary.
3
Consultant will prepare responses to comment letters if comments are received during
the public review process. Responses will be incorporated into the IS/NO/MND and
MMRP as needed. Consultant will submit an electronic version of the Final Draft to the
City as a Word document.
Consultant shall attend (1) Public Hearing if needed .
The Consultant will conduct Tribal Consultation pursuant to AB 52.
Assumptions:
1. After the preparation of the IS, if it is detem1ined that a significant and unavoid.able
impacts exist and the preparation of an Environmental Impact Report (EIR) is required,
this will require an additional fee proposal.
2. The City will provide the consultant with any technical studies prepared for the site.
3. The City will provide the Consultant with any comments received from internal and
external agencies and departments (if any) so any project comments/concerns can be
incorporated into the IS/ND/MND, if applicable.
4. The Project would qualify for a Small Project Analysis Level (SPAL) review based on
pre-qualified emissions and determined values-based project size, type, and vehicle trips
and further air quality analysis will not be required.
4