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