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HomeMy WebLinkAboutSEAM Group, LLC - 2nd Consultant Amendment to agreement dated 03.10.22 - 08.04.23Docusign Envelope ID: AEEF368E-CAFB-4ECD-A3CA-C8B4D2239F7A SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT A OUP,GREEMENT (Amendment) made and entered into effective the 4th day of SL , 2023, (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, during 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 extend 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: 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. Except as otherwise provided herein, the Agreement entered into by the City and the Consultant dated March 10, 2022, 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 DocuSigned by: By:8/4/2023 BG . uche, PE, PLS Director of Public Utilities APPROVED AS TO FORM' ANDREW JANZ City Attirppyd by: By: ,�f,VA,I � r &jK;ta�ldLL& 6/30/2023 Jennifer . Quintanilla Date Senior Deputy City Attorney ATTEST: TODD STERMER, CMC CITY gneBy:50" ubwr 8/4/2023 Otyepu y Date Tina Your 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 SEAM Group, LLC, A Delaware Corporation DocuSigned by: By: C—)C.o 6/28/2023 Name: Simon Boyce Title: VP of sales (If corporation or LLC, Board Chair, Pres. or Vice Pres.) DocuSigned by: By: �bSSU�t,r 6/29/2023 Name:Ross Fuller Title: CFO (If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) CONSULTANT: SEAM Group, LLC. Attention: Jay Smith Director 21111 Chagrin Blvd., Suite 100 Beachwood, OH 44122 Phone: (812) 699-2461 FAX: 2