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HomeMy WebLinkAboutQK - 1st Admnt Agreement - 3-10-2023FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this _L&_ day of c_h 20_g� amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and QUAD KNOPF, INC. DBA QK, a California corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement dated November 17tr, 2022, for professional engineering services (Agreement); and WHEREAS, Consultant has completed the Part One of the Agreement; and WHEREAS, City and Consultant now desire to modify the scope of work therein by requiring additional services and extending the term of the Agreement; and WHEREAS, the available contingency amount of Nine Hundred dollars ($900.00) from the Agreement will be utilized to cover the total fee amount of Six Hundred Twenty dollars ($620.00) for this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature the mutual promises herein, and for other good and valuable consideration hereby acknowledged, 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 14 calendar days following execution of this Amendment by both parties. 2. The term of the Agreement shall be extended to the earlier of complete rendition of the services or April 2024, subject to any earlier termination in accordance with the Agreement. 3. Consultant's sole compensation for satisfactory performance of all services required or rendered pursuant to this Amendment shall be a total fee of Six Hundred Twenty dollars ($620.00), utilized from the contingency. 4. 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. 5. Except as otherwise provided herein, the Agreement 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, QUAD KNOPF INC. DBA QK, a California municipal corporation a California Corporation ❑Igdally signed by RandallWM By: RandalM �bD2023.03.1013:07:54 By: ¢S�`' ��,,�� PE #58690 RANDALL W. MORRISON, PE Assistant Director Public Works Department APPROVED AS TO FORM: ANDREW JANZ City Attorney By: Digilally signed by ;.i,: -c :I Pauline Brickey Dale: 2023.03.1012--? '- Pauline Brickey Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk y Addresses: CITY: City of Fresno Attention: Armando Cervantes Engineer 1 2600 Fresno Street, Room 4016 Fresno, CA 93721 Telephone No. 559-621-8687 2 Name: Ron Wathen Title: President/CEO (If corporation or LLC, Board Chair, Pres. or Vice Pres.) By: �) u Name: Amber Aguayo Title: CFO/COO (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: FRANCISM .° Francisco V. Magos II, PE, MBA, QSD Site Development Manager Public Works Department CONSULTANT: QUAD KOPF INC. DBA QK Attention: Ernie Escobedo, Branch Manager 601 Pollasky, Ste. 301 Clovis, CA 93612 Telephone No. (559) 449-2400 E-mail: ernie.escobedo@gkinc.com Attachment A ADDITIONAL SCOPE OF SERVICES Consultant Service First Amendment to Agreement between City of Fresno (City) and Quad Knopf, Inc. dba QK, (Consultant) Willow -Balch Play Structure Replacement Additional Scope of Services includes but is not limited to: providing arborist services for the evaluation of existing root conditions of trees within the Willow -Balch Park. It has been determined during design of the project overall improvements at the play area, that the arborist services shall be included at the park site. The following design criteria was determined during the initial design and research: o Evaluation of existing tree root conditions along the proposed accessible path of travel o Provide mitigation measures for tree roots found to be in conflict Civil Engineering Scope of Services shall include, but not be limited to: o Assess trees in park adjacent to proposed concrete removal and replacement. o Provide a report with observations, discussion, conclusion, and recommendations in regard to tree protection, root pruning and grade changes, etc. Phase / Task Description Fee PART TWO AND THREE - DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT PHASE (14 CALENDAR DAYS) - $620.00 20 Design Development and Construction Document Phase 2.1 Construction Plans, Specifications & Estimates (95% and 100% Completion Level Total Estimated Fee $620.00 3