HomeMy WebLinkAbout0006_2_Amendment No. 1 Excel Landscape - Exhibit AEXHIBIT A
AMENDMENT NO. 1 - EXCEL LANDSCAPE
February 28, 2017
City of Lake Elsinore
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
EXCEL LANDSCAPE, INC.
LANDSCAPE MAINTENANCE SERVICES
Amendment No. 1 to Agreement for Contractor Services (“Amendment No. 1”,) is made
and entered into as of February 28, 2017 by and between the City of Lake Elsinore, a municipal
corporation (“City), and Excel Landscape, Inc., a (“Contractor”).
A.The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of August 1, 2016, (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 $748,791.
C.The parties now desire to increase the compensation for such services as set forth
in this Amendment No 1 in an amount not to exceed of $276,000.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1.Section 3, Compensation, of the Original Agreement is hereby amended as
following:
Compensation to be paid to the Contractor shall be in accordance with the
fees set forth in the Contractor’s Proposal (Exhibit A to the Original
Agreement). In no event shall Contractor’s compensations exceed One
Million, Twenty-Four Thousand Seven Hundred Ninety-One Dollars
($1,024,791) per Fiscal Year 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 of the Original Agreement 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 Original Agreement shall remain in full force and effect.
[Signatures on next page]
EXHIBIT A
AMENDMENT NO. 1 - EXCEL LANDSCAPE
February 28, 2017
City of Lake Elsinore
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
EXCEL LANDSCAPE, a Contractor
Jose Alfaro, Owner
Date:
Attachments: Original Agreement