1 SECOND AMENDMENT TO
AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT (Amendment) made and entered into effective the ___ ___ day of _______________, 20 23, (Effective Date) amends the Agreement heretofore entered into between the CITY OF FRESNO, a California municipal corporation ( City), and SEAM Group, LLC , a Delaware corporation (Consultant).
RECITALS
WHEREAS, the City and the Consultant entered into an agreement on March 10, 2022, (Agreement) to provide consulting services for OSHA Compliant Lockout-Tagout Program (Project) for a total fee not to exceed $217,200 and a contingency amount not to exceed $20,000; for a total contract price of $237,200; and WHEREAS, the Agreement is effective in full force through the earlier of complete rendition of the services or August 30, 2023; and
WHEREAS, the First Amendment to the Agreement was executed on September 30, 2022 and increased the Consultant’s compensation by $150,000, resulting in a total fee not to exceed $387,200; and
WHEREAS, the Agreement shall remain in full force and effect through the earlier of complete rendition of the services or August 30, 2023; and WHEREAS, d uring review of the scope of services it was determined that additional time is needed for the Consultant to return and perform the one year audit review of the OSHA Compliant Lockout-Tagout program; and WHEREAS, the City and the Consultant desire to exte nd the Agreement to December 31, 2024, to complete the Project; and
WHEREAS, with entry into this Agreement, the Consultant agrees the Consultant has no claim, demand, or dispute against the City.
AGREEMENT
NOW, THEREFORE, the Parties agree that the aforesaid Agreement be amended as follows:
1. Section 2 of the Agreement is amended in its entirety to read as follows:
“2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through the earlier of complete rendition of the services hereunder or December 31, 2024, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon CITY’S issuance of a written “Notice to Proceed.” Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed within 1,027 consecutive calendar days from such authorization to proceed.”
DocuSign Envelope ID: AEEF368E-CAFB-4ECD-A3CA-C8B4D2239F7A
2 2. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant dated March 10, 20 22, amended on September 30, 2022, 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,
A municipal corporation
By:
Brock D. Buche, PE, PLS
Director of Public Utilities
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
CITY Clerk
By:
Deputy Date
SEAM Group, LLC,
A Delaware 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)
Addresses:
CITY:
City of Fresno
Attention: Patricia Diep
Supervising Engineering Technician
1626 E Street
Fresno, CA 93706
Phone: (559) 621-1609
FAX: (559) 498-4126
CONSULTANT:
SEAM Group, LLC.
Attention: Jay Smith
Director
21111 Chagrin Blvd., Suite 100
Beachwood, OH 44122
Phone: (812) 699-2461
FAX:
DocuSign Envelope ID: AEEF368E-CAFB-4ECD-A3CA-C8B4D2239F7A 6/28/2023
VP of Sales
Simon Boyce
CFO
Ross Fuller
6/29/2023
6/30/2023
City Clerk