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HomeMy WebLinkAboutSOMAM, Inc. - 1st Amdt. Agrmnt. - 12-21-2022UUUU01 I I CI IVCIUptl I U. rGC.7J I UU-4 / f J'4D 1 / -O'F I D'UJH0.7L000r / U FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into as of this 21st day of December , 2022, amends the Agreement entered into between the CITY OF FRESNO, a California municipal corporation (City), and SOMAM, Inc., a California Corporation (Consultant). RECITALS WHEREAS, City and Consultant entered into an Agreement dated December 7, 2021, for Vinland Park Restroom Rehabilitation (Agreement); and WHEREAS, Consultant has completed the portion of the Agreement; and WHEREAS, City and Consultant now desire to modify the scope of work therein by requiring additional services; and WHEREAS, entry into this Amendment, the Consultant agrees it has no claim, demand, or dispute with 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 30 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 of $1,500.00. 3. In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Amendment, shall be null and void. 4. Except as otherwise provided herein, the Agreement entered into by City and Consultant, dated December 7, 2021, remains in full force and effect. [Signatures follow on the next page.] UUUuolylI CI IVCIUFIC IW. rLCJJ IU1/-'#1 I J-'}p 11-0'F 10-UJf1074000rI U IN WITNESS WHEREOF, the parties have executed this Amendment at Fresno, California, the'day and year first above written. CITY OF FRESNO, a California municipal corporation 0c' '51pn0d by: R — By. 12/27/2022 eorgeanne A. White City Manager ATTEST: TODD STERMER, CMC City Clerk Dnu$igned by: By: tom': q6W 12/28/2022 eputy Date APPROVED AS TO FORM: RINA M. GONZALES Interim City Attorney By: 7L. 1ia4.at 12/20/22 Angela M. Karst Date Deputy City Attorney Addresses: CITY: City of Fresno Attention: Craig Ricci Capital Development Specialist 2101 G Street, Building C Fresno, CA 93706 Telephone No. 559-960-2218 FAX. 559-457-1517 Attachment: Attachment A 2 SOMAM, Inc., a California Corporatio By: 1, e Name: d� Title: (if corporation or LLC, Board Chair, r or Vice Pres r By: Name: h1 a ak ` C >— Title: \/. P (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) REVIEWED BY: Robin O'Malley Public Works Manager General Services Department CONSULTANT: Attention: Sharon Ashida President 6011 N. Fresno St., Suite 130 Fresno, CA 93710 Telephone No. (559) 436-0881 FAX: (559) 436-0887 UUUU,Dj I I CI IVCIUptC IU. rLCyJ IUU-'#! / 0-'FD 1 /-0141 D-U0hOy4000r! U Attachment A ADDITIONAL SCOPE OF SERVICES Consultant Service First Amendment to Agreement between City of Fresno (City) and SOMAM, Inc. (Consultant) Vinland Park Restroom Rehabilitation Additional Scope of Services includes, but is not limited to: Additional time spent to address the following: 1. Field verify building and site conditions to satisfy ADA requirements for the existing drinking fountain (not in the original scope of work). 2. Research drinking fountain/bottle filling station models options requested by PARCS. 3. Provide multiple sketches for alternate drinking fountain locations for review. Hourly Rate: $150.00 Hours Applied: 10 hours Total: $1,500.00 3