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HomeMy WebLinkAboutQuad Knopf, Inc dba QK - First Amendment to Agreement - 10.19.23FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this I q day of Oc-1y bor 202?, 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 April 14, 2022, for Woodward Park Tot Lots Project ("Agreement"); and WHEREAS, Consultant has completed the Design Development and Construction Document portion of the Agreement; and WHEREAS, City and Consultant now desire to modify the scope of work therein by requiring additional services; and WHEREAS, the Agreement will be administered for the City by its Capital Projects Director ("Director") or designee; and WHEREAS, the entry into this Agreement, Consultant agrees that Consultant has no claim, demand, or dispute against the City. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature the mutual promises herein contained, 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 21 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 not to exceed $7,500, paid on time and materials basis in accordance with the schedule of fees contained in Attachment A. 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 14, 2022, remains in full force and effect. [Signatures follow on the next page.] IN WITNESS WHEREOF the parties have executed this Amendment at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation r By: Randall W. Morrison, PE Director Capital Projects Department APPROVED AS TO FORM: ANDREW JANZ City Attorney By: ,1. W. &a4d�& 09/25/23 An eia M. Karst Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: r lU Deputy Dat Address: CITY. City of Fresno Attention: Harlavpreet S. Brar, PE Licensed Professional Engineer Capital Projects Department 2600 Fresno Street, Room 4016 Fresno, CA 93721 Telephone: 559-621-8616 Email - Harlavpreet.brar@fresno.gov Attachment: Attachment A 3 Quad Knopf, Inc., a California Corporation Name: Ronald J. Wathen, PE #58690 Title: President/CEO (If corporation or LLC., Board Chair, Pres. or Vice Pres.) By: lt.G}� � 0< <ct Name: Amber Aguayo Title: CFO/COO (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: tl ;6;� as Francisco V. Magos Assistant Director Capital Projects Department CONSULTANT: Quad Knopf Inc. Attention: Ernie Escobedo Branch Manager 601 Pollasky Avenue, Suite 301 Clovis, CA 93612 Telephone: 559-449-2400 Email — 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, a California Corporation (Consultant) Woodward Park Tot Lots Quad Knopf Inc., dba QK, is working on the design of construction documents for the ADA Accessibility Improvement project at four (4) well -frequented locations with Woodward Park: Park View, River View, Valley View and Art of Life. QK is also working on the design of construction documents to reconstruct and provide ADA accessibility improvements to the existing paths of travel and parking stalls, demolition of existing play structures and replacing with new play equipment, installation of new site amenities and pour -in -place rubber surface at two (2) play areas within Roeding Park: Pine Grove and Maple Grove, through a separate agreement dated April 14, 2022, for Roeding Park Tot Lots Project. QK will combine the bid documents for the Woodward Park Tot Lots project and Roeding Park Tot Lots project and advertise as one combined bid package. Additional Scope of Services include, but are not limited to- 1 . Coordinate with the City Staff to combine the two projects together. 2. One (1) 24" x 36" Combined Cover Sheet for the set of plans. 3. One (1) original signed set of combined PS&E documents. 4. Update and collaborate the Bid Proposal Items and Bid Proposal Descriptions for both the projects. 5. Update and collaborate the Bid Specs Division VII — Project Specific Technical Specifications. COMPENSATION The compensation for the additional services, as described above, shall be paid on a time and material basis in accordance with the schedule of fees contained below. Fees will be billed monthly in accordance with phase work completed. Original Contract TOTAL ORIGINAL PROFESSIONAL FEE (LUMP SUM) $ 49,700.00 First Amendment Compensation FIRST AMENDMENT COMPENSATION (NOT TO EXCEED) $ 7,500.00 IP TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $ 57,200.00 SCHEDULE Documentation Completion 21 additional calendar days