____________________________________________________
AMENDMENT #2 TO AGREEMENT NO. 2023-054
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AGREEMENT NO.
AMENDMENT NO. TWO TO
AGREEMENT NO. __2023-054__
THIS AMENDMENT NO. ONE TO AGREEMENT NO. 2023-054 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter c ity and a municipal corporation (referred to herein as “CITY ”), and QUAD KNOPF, INC. dba QK, a Corporation authorized to do business in California (referred to herein as “DESIGN CONSULTANT”).
R E C I T A L S
WHEREAS, on February 22, 2023, CITY and DESIGN CONSULTANT entered into Agreement No. 2023- 054 in the amount of Four Hundred Thirty-One Thousand, Eighty-Five Dollars and Zero Cents ($431,085.00) wherein DESIGN CONSULTANT agreed to provide design services for the Corridor Improvements along H Street- State Route 58 to State Route 204 Project; and
WHEREAS, on January 22, 2025, CITY and DESIGN CONSULTANT entered Amendment No. 1 to expand the scope of work, and increase compensation in the amount of Three Hundred Sixty-Six Thousand, Two Hundred Fifty Dollars and Zero Cents ($366,250.00), for a total compensation of Seven Hundred Ninety- Seven Thousand, Three Hundred Thirty-Five Dollars and Zero Cents ($797,335.00); and;
WHEREAS, CITY and DESIGN CONSULTANT desire to enter Amendment No. 2 to expand the scope of work, and increase compensation in the amount of One Hundred Fifty Thousand, One Hundred Dollars and Zero Cents ($150,100.00), for a total compensation of Nine Hundred and Forty-Seven Thousand, Four-Hundred Thirty-Five Dollars and Zero Cents ($947,435.00); and;
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree to amend Agreement No. 2023- 054 as follows:
1. Section 1 of Agreement No. 2023- 054 entitled “Scope of Work” is hereby amended to read as follows:
1. SCOPE OF WORK. In exchange for the Compensation (defined below), DESIGN CONSULTANT must competently and thoroughly design and engineer the Project as more specifically described in the Request, attached as Exhibit A and incorporated herein by ____________________________________________________
AMENDMENT #2 TO AGREEMENT NO. 2023-054
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reference, in DESIGN CONSULTANT’s original scope of work, attached hereto as Exhibit B, in DESIGN CONSULTANT’S additional scope of work for Amendment No. 1 to Agreement 2023 , attached hereto as Exhibit C and incorporated herein by this reference, and in in DESIGN CONSULTANT’S new additional scope of work, attached hereto as Exhibit D and incorporated herein by this reference (collectively, the project description in the Request and DESIGN CONSULTANT’s scope of work are referred to as “Scope of Work”). DESIGN CONSULTANT’s services shall include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.
2. Section 2 of Agreement No . 2023-054 entitled “ Compensation/ Payment Procedure” is hereby amended to read as follows:
2. COMPENSATION/PAYMENT PROCEDURE. In exchange for
performing the Scope of Work and subject to the terms of this section, CITY will pay DESIGN CONSULTANT as follows
(“Compensation/Payment Procedure”):
2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT's actual costs (including labor costs, employee benefits, overhead, and other direct costs) in an amount not to exceed Forty Thousand, Eight Hundred Seventy Dollars and Zero Cents
($40,870.00) exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates and other costs set forth in DESIGN CONSULTANT's cost proposal.
2.2 Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of Nine Hundred Six Thousand, Five Hundred Sixty-Five Dollars and Zero Cents ($906,565.00) on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work.
CITY will pay DESIGN CONSULTANT within 30 days after DESIGN CONSULTANT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY . The Compensation will be the total amount paid to DESIGN CONSULTANT for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes.
CITY will pay no other compensation to DESIGN CONSULTANT . In no case will CITY compensate DESIGN CONSULTANT more than Nine Hundred and Forty-Seven Thousand, Four-Hundred Thirty-Five Dollars and Zero Cents ($947,435.00) for performing the Scope of Work.
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AMENDMENT #2 TO AGREEMENT NO. 2023-054
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3. Except as amended herein, all other provisions of Agreement No. 2023- 054 shall remain in full force and effect.
IN WITNESS WHEREOF
, the parties hereto have caused this Amendment No.
One to Agreement No. 2023-054 to be executed the day and year first above written.
“C
ITY” “DESIGN CONSULTANT”
CITY OF BAKERSFIELD QUAD KNOPF, INC. dba QK
By
: By:_________________________________
KAREN GOH, Mayor
Type or Print Name:
Title:
[Signatures on the following page]
AP
PROVED AS TO CONTENT:
AMBER AGUAYO
CFO/COO
____________________________________________________
AMENDMENT #2 TO AGREEMENT NO. 2023-054
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PUBLIC WORKS DEPARTMENT
By:
ZACHARY MEYER
Public Works Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ASHLEY ZAMBRANO
Deputy City Attorney II
Insurance: __________
COUNTERSIGNED:
By:
RANDY MCKEEGAN
Finance Director
Attachments: Exhibits A, B, C and D