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HomeMy WebLinkAboutCornerstone Structural Engineering Grp Inc Third Amendment Consult 12.27.2022 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT (Third Amendment) made and entered into as of this 2�6ay of December, 2022, amends the Agreement between the CITY OF FRESNO, a California municipal corporation (CITY), and Cornerstone Structural Engineering Group Inc., a California corporation (CONSULTANT). RECITALS A. CITY and CONSULTANT entered into an Agreement, dated February 7, 2014, for services related to the on-call design plan check review services for CITY infrastructure associated with the construction of the California High-Speed Rail (Agreement). B. To date the Agreement has been amended twice with the First Amendment dated January 18, 2018 and the Second Amendment dated December 31, 2019. C. The Parties desire to extend the Agreement to December 31, 2026 for completion of services. D. The Parties desire to memorialize modifications to the Agreement herein. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual premises herein contained, and for other good and valuable consideration hereby acknowledge, the parties agree that the Agreement be amended as follows- 1. Term. The term of the Agreement is extended for four (4) years and the Agreement shall be effective until December 31, 2026, subject to any earlier termination in accordance with the Agreement. 2. Conflict. 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. 3. Effect of Amendment. Except as otherwise provided herein, the Agreement and subsequent amendments, remain in full force and effect. [SIGNATURES ON NEXT PAGE] 1 IN WITNESS WHEREOF, the parties have executed this Third Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, Cornerstone Structural a California municipal cor ration Engineering Group Inc., a California Corporation By., By: � Randall W. 96rrison, P.E., P. P Assistant Difector Name: Shawn M. Cullers Public Works Department Title: President (If Corp ration or LLC, Board Chair, Pres. or Vi Pres.) APPROVED AS TO FORM: ANDREW JANZ By: City Attorney Name: aureen Goolkasian By: � (p�Z2 Pauline Brickey DW Title: CFO (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) ATTEST: REVIEWED BY: TODD STERMER, CMC City Cler �— By: ��,,�,2 J bus Avitia, P.E. -Deputy 'teputy City Engineer ��1�5 P.�✓;s� Addresses: CITY: CONSULTANT: City of Fresno Cornerstone Structural Engineering Group Attention: Jesus Avitia, P.E. Attention: Todd M. Goolkasian, SE, President 2600 Fresno Street, 4th Floor 986 W. Alluvial Avenue, Suite 201 Fresno, CA. 93721-3623 Fresno, CA 93711 Telephone No. (559) 621-8804 Telephone No. (559) 320-3200 FAX. (559) 457-1277 FAX: (559) 320-3201 2