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