HomeMy WebLinkAbout0022_2_Hemet Fence Corporation - Exhibit A - Amendment No. 1 Exhibit A
AMENDMENTNO. 1
TO AGREEMENTFOR CONTRACTORSERVICES(ON-CALL)
Hemet Fence Corp.
Canyon Hills Park Upgrades –Z40024
Citywide Park Upgrades –Z40023
This Amendment No. 1to Agreement for ContractorServices (“Amendment No. 1”) is
made and entered into as ofNovember 12, 2019by and between the City of Lake Elsinore,a
municipal corporation(“City), andHemet Fence Corp, a California Corporation(“Contractor”).
RECITALS
A.The City and Contractorhave entered into that certain Agreement for Contractor
Servicesdated as of June 11, 2019(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 Contractorin an amount
not to exceed Forty Three Thousand Nine Hundred dollars ($43,900) for Fiscal Year 2019/2020.
C.The term of the Original Agreement was to commence work upon execution of
the agreement and continue until the services and related work are completed.
D.The parties now desire to amend the scope of work to include CIP# Z40023
Citywide Park UpgradesatCreekside Park and Rosetta Community Park, and increase the
compensation for such servicesas set forth in Exhibit Ato the Original Agreement and Exhibit A
to Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractoragree as follows:
1.Section 1, Scope of Service–of the Original Agreement is hereby amendment
as follows:
Contractor shall perform the services and related work described in
ContractorProposal(Exhibit A to the Original Agreement and Exhibit A to
Amendment No.1).Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor’s
Proposal (Exhibit A), subject to the direction of the City through its staff
that it may provide from time to time.
2.Section 3, Compensation, of the Original Agreement is hereby amended to read
in its entirety as follows:
Compensation to be paid to Contractorshall be in accordance with the
fees set forth in Contractor’sProposal (Exhibit A to the Original
Agreementand Exhibit A to this Amendment No.1).
In no event shall Contractor’s compensation related to Contractor’s
Proposal, Exhibit A in Original Agreementand Exhibit Ain Amendment
No. 1, exceed NinetySix ThousandFive HundredDollars ($96,500) for
Fiscal Year 2019-2020without additional written authorization from the
City.
Notwithstanding any provision of Contractor’sProposal to the contrary,
out of pocket expenses set forth in Exhibit A 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.
4.Except for the changes specifically set forth herein, all other terms and conditions
of the OriginalAgreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment No. 1to 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”
HEMET FENCE CORP.,
a California corporation
By:Cindy Martin
Its:_______________________
Attachments:Exhibit A–Original Agreement
EXHIBIT B
EXHIBIT B
ORIGINAL AGREEMENT
[ATTACHED]