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HomeMy WebLinkAboutQk, Inc. - 6th Amdnt Agrmnt - 10-24-2022SIXTH AMENDMENT TO AGREEMENT THIS SIXTH AMENDMENT TO AGREEMENT (Sixth Amendment) made and entered into as of this- day of oe beir, 2022, amends the Agreement entered into between the City of Fresno, a California municipal corporation (City), and QK Inc., 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 amended the Agreement on September 14, 2020 (Third Amendment) to provide additional design services; and City and Consultant amended the Agreement on November 12, 2020 (Fourth Amendment) to provide additional design services; and City and Consultant amended the Agreement on April 27, 2022 (Fifth Amendment) to provide additional design and engineering 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, the parties agree that the Agreement be amended as follows: 1. Consultant's shall provide additional services as described in Attachment A, attached hereto and incorporated herein by reference. Such additional services shall be completed within 30 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 of $5,928.00 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, the First Amendment, the Second Amendment, the Third Amendment; the Fourth Amendment, and the Fifth Amendment remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Sixth Amendment at Fresno, California, the day and year first above written. City of Fresno, a California municipal corporation Randall W. Morrison, P.E. Assistant Director Public Works Department ATTEST: TODD STERMER, CMC City Clerk . 14L B: v f6_tC,0� Deputy APPROVED AS TO FORM: City Attorney QK Inc., a California Corporation Name: Title: (If corporate n or LLC, Board Chair, Pres, Or Vice Pres.) By: A !� Name:'- Title (If corporation or LLC, CFO Treasurer, Secretary or Assistant Secretary) By: �aOW i (D 1917,-2- Deptity D to Br-jcvx� Addresses: CITY: City of Fresno Attention: Abdulrahman BinMahfodh 2600 Fresno Street, 4th Floor Fresno, CA. 93721-3623 REVIEWED BY: 2 Abdulrahman BinMahfodh Engineer I Public Works Department CONSULTANT: QK Inc. Attention: Ernie Escobedo Project Manager 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Telephone No. (559) 621-8701 FAX. (559) 457-1587 Telephone No. (559) 449-2400 FAX: (559) 733-7821 Attachment A ADDITIONAL SCOPE OF SERVICES Sixth Amendment to Consultant Service Agreement between City of Fresno (City) and QK Inc. (Consultant) Jensen Avenue Overlay — State Route 41 to Martin Lather Kin_q, Jr. Boulevard Consultant (QK Inc.) shall perform each of the tasks described below in item 1 The consultant fee to provide additional design and engineering services is itemized as follows: Item Task Description Total Cost Revise the plans per City comments on 100 percent plans, re -design one 5 9� 28.00 ramp to avoid interfere with PG&E utility, quality control and provide additional project management support. Complete final and approved plans, specifications, and construction estimates. Total Cost $5,928.00