1 FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGR EEMENT (Amendment) made and entered into as of this ____ day of ___________ 20__, amends the Agreement entered into between the CITY OF FRESNO, a California m unicipal 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 cons ideration of the above recitals, which recitals are contractual in nature the mu tual promises herein contained, and for other good and valuable consideration hereby acknowledged the parties agr ee that the Agreement be amended as follows:
1. Consultant shall provide addi tional 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 sa tisfactory performance of all services required or rendered pur suant to this Amendment sha ll 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 betw een 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 pur port to modify the allocati on of risk between the parties, provided for within the body of this Amendment, shall be null and void. 2 4. Except as otherwise pr ovided 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.]
3 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
By:
Randall W. Morrison, PE
Director
Capital Projects Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
Quad Knopf, Inc.,
a California Corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
REVIEWED BY:
Francisco V. Magos
Assistant Director
Capital Pro
jects Department
Address:
CITY: CONSULTANT:
Cit
y of Fresno Quad Knopf Inc.
Attention: Harlavpreet S. Brar, PE Attention: Ernie Escobedo Licensed Professional Engineer Branch Manager
Capital Projects Department 601 Pollasky Avenue, Suite 301 2600 Fresno Street, Room 4016 Clovis, CA 93612
Fresno, CA 93721 Te lephone: 559-449-2400
Telephone: 559-621-8616
Email - Harlavpreet.brar
@fresno.gov
Email – [email protected]
Attachment: Attachment A
President/CEO
Amber Aguayo
CFO/COO
Ronald J. Wathen, PE #58690
09/25/23
4 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 cons truction 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 Co ver 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 – Pr oject 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
5 TOTAL AMENDED CONTRACT AMOUNT NOT TO EXCEED $ 57,200.00
SCHEDULE
Documentation Completion 21 additional calendar days