HomeMy WebLinkAboutItem # 4 Endresen Amendment No. 3 - Exhibit APage 1
AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL)
ENDRESEN DEVELOPMENT.
GENERAL CONTRACTOR SERVICES
This Amendment No. 3 to Agreement for Contractor Services (On-Call) (“Amendment No.
3”) is made and entered into as of January 10, 2016, by and between the City of Lake Elsinore, a
municipal corporation (“City), and Endresen Development, a licensed general contractor
(“Contractor”).
RECITALS
A.The City and Contractor have entered into that certain Agreement for Contractor
Services (On-Call) dated as of April 17, 2015 (the “Original Agreement”). Except as otherwise
defined herein, all capitalized terms used herein shall have the meanings set forth for such terms
in the Original Agreement.
B.The Original Agreement provided for compensation to Contractor in an amount not
to exceed $30,000.
C.Amendment No. 1 dated April 12, 2016, increased the compensation award by
$30,000, for a not to exceed amount of $60,000.
D. Amendment No. 2 dated July 1, 2016, extended the contract into FY16/17 for 12-
month term, and amended the award to a not to exceed amount of $30,000, bringing total to
$90,000.
E.The parties now wish to modify Section 3 to increase the compensation award by
an additional $30,000 for a not to exceed amount $120,000 through this third amendment.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1.The first paragraph of Section 3, Compensation and Cost of Living Adjustment, of
the Original Agreement, as amended (the “Agreement”) is hereby amended to read in its entirety
as follows:
Compensation to be paid to Contractor shall be in accordance with the fees
set forth in Contractors’ Proposal (Exhibit A to the Original Agreement). In
no event shall Contractor’s compensation related to Amendment No. 3 not
to exceed $120,000 for Fiscal Year 2016-2017 without additional written
authorization from the City. Notwithstanding any provision of Contractor’s
Proposal to the contrary, out of pocket expenses set forth in Exhibit A and
Exhibit A-1 shall be reimbursed at cost without an inflator or administrative
charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time
of payment.
2.Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be
executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
Susan M. Domen, MMC,
City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
“CONTRACTOR”
ENDRESON DEVELOPMENT
Josh Endresen
Date: