HomeMy WebLinkAboutQuad Knopf - Ashlan Ave. Overlay - 1st St. to Millbrook Ave. and Jensen Ave. Overlay - 4th Amdt. - 2020
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FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT (“Amendment”) made and entered
into as of this _12_ day of November____, 2020, amends the Agreement heretofore
entered into between the CITY OF FRESNO, a municipal corporation (“City”), and Quad
Knopf, Inc., dba QK, a California Corporation (“Consultant”).
RECITALS
City and Consultant entered into an Agreement, dated April 27, 2017 for professional
civil engineering services for design and plans and general construction documents for
Ashlan Avenue Overlay – First Street to Millbrook Avenue, and Jensen Avenue Overlay –
State Route 41 to Martin Luther King Jr. Boulevard, (“Agreement”);
Consultant has completed Parts One and Two of the Agreement; and
City and Consultant amended the Agreement on July 2, 2019 (First Amendment) to
provide for design of additional drainage improvements; and
City and Consultant amended the Agreement on July 24, 2019 (Second Amendment)
to provide additional design services; and
City and Consultant am ended the Agreement on September 14, 2020 (Third
Agreement) to provide additional design services; and
City and Consultant now desire to modify the scope of work, therein, by requiring
additional services.
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 aforesaid Agreement be
amended as follows:
1. Consultant’s performance period for services shall be extended to April 27,
2022 as described in Attachment “A”, attached hereto and incorporated herein by
reference..
2. No additional compensation shall be rendered as a result of this fourth
amendment to agreement.
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 April 27, 2017, the First Amendment dated July 2, 2019, the Second
DocuSign Envelope ID: 506D8816-3D30-49EC-8CF7-E42E23B81125
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Amendment, dated July 24, 2019, and the Third Amendment, dated September 14, 2020
remain 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, Quad Knopf, Inc., dba QK,
a municipal corporation a California Corporation
____________________ By: ____________________________
Randall W . Morrison, P.E.
Assistant Director Name: _________________________
Public Works Department
Title: ___________________________
(If corporation or LLC, Board Chair,
Pres.
or Vice Pres.)
ATTEST:
YVONNE SPENCE, CMC By: ____________________________
City Clerk
Name: _________________________
By:
Deputy Title: __________________________
(If corporation or LLC, CFO,
Treasurer,
Secretary or Assistant Secretary)
APPROVED AS TO FORM: REVIEWED BY:
DOUGLAS T. SLOAN
City Attorney
Scott Tyler, PE
Public Works Manager
By: Public Works Department
Deputy Date
Addresses:
CITY: CONSULTANT:
Quad Knopf, Inc., dba QK
City of Fresno Attention: Ernie Escobedo
Attention: Cecilio F. Garcia Project Manager
2600 Fresno Street, 4th Floor 601 Pollasky Avenue, Suite 301
Fresno, CA. 93721-3623 Clovis, CA 93612
Telephone No. (559) 621-8657 Telephone No. (559) 449-2400
FAX. (559) 457-1587 FAX: (559) 733-7821
Attachment: Attachment “A”
DocuSign Envelope ID: 506D8816-3D30-49EC-8CF7-E42E23B81125
Amber Adams
VP Business and Operations
CFO
Janel Freeman
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Attachment A
ADDITIONAL SCOPE OF SERVICES
Consultant Service Fourth Amendment to Agreement between City of Fresno (“City”) and
Quad Knopf, Inc. dba QK (“Consultant”)
Jensen Avenue Overlay – State Route 41 to Martin Luther Kind, Jr. Boulevard
Consultant’s agreement performance period expires December 31, 2020. Parts 3, 4 and 5
of the agreement are not complete. This amendment extends the Consultant’s performance
period to completed Parts 3, 4 and 5 to April 30, 2022. No additional compensation shall be
rendered with this amendment.
DocuSign Envelope ID: 506D8816-3D30-49EC-8CF7-E42E23B81125
Quad Knopf, Inc. Resolution
Authority to Sign Contracts
Upon a duly made and seconded motion, a majority of the directors of the Board of Directors of
Quad Knopf, Inc. adopted the following resolution: Authority to Sign Contracts.
RESOLVED, that the following are hereby authorized to make proposals and enter contracts on
behalf of this Corporation, and on the best terms and conditions that can be obtained:
For proposals and contracts utilizing QK’s standard contract form and not exceeding $25,000,
the following are authorized to sign on behalf of the Corporation:
Spencer Supinger, Branch Manager
Christopher B. Mynk, Branch Manager
Cathy Williams, Assistant Branch Manager
Ernie Escobedo, Branch Manager
Contracts not exceeding $250,000 Dollar Value, the following are authorized to sign on behalf of
the Corporation:
Ronald J. Wathen, President
Janel Freeman, CFO
Jeffery Cowart, Vice President
Amber Adams, Vice President
Garth Pecchenino, Vice President
Contracts exceeding the above limits, the following are authorized to sign:
Ronald J. Wathen, President
Janel Freeman, CFO
In the absence of the President and CFO, any two Vice Presidents may sign contracts over
$250,000.
The undersigned, Janel Freeman, certifies that I am the duly appointed Secretary of Quad Knopf,
Inc., and that the above is a true and correct copy of a resolution adopted at a meeting of the
Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation
on September 6, 2019 and that such resolution is now in full force and effect and such
authorization hereby revokes all previously approved resolutions regarding signing authority.
IN WITNESS THEREOF, I have affixed my name as Secretary of Corporation and have attached
the seal of Corporation to this resolution.
Dated: February 11, 2020
Janel Freeman, Secretary/Treasurer
DocuSign Envelope ID: 506D8816-3D30-49EC-8CF7-E42E23B81125