HomeMy WebLinkAbout0014_2_Excel Landscape - Exhibit A Amendment No. 1AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
Excel Landscape, Inc.
Annual Citywide Landscape Maintenance Services
This Amendment No. 1 to Agreement for Contractor Services is made and entered into as
of 7/12/2022, by and between the City of Lake Elsinore, a municipal corporation (“City), and Excel
Landscape, Inc., a Corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of 10/27/2020, (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 of
Two Hundred Thirteen Thousand Three Hundred dollars ($213,300).
C. Contractor has notified the City of unforeseen cost increases in material and labor
and has requested an adjustment to the extra work pricing. In addition, City requires Contractor
services in additional locations.
D. The Parties now desire to amend the scope of services and increase the payment
for such services as set forth in this Amendment No 1.
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 to read in
its entirety as follows:
“Compensation to be paid to Contractor shall be in accordance with the fees set forth in
Contractor's Proposal which is attached to the Original Agreement as Exhibit A and
amended by this Amendment No. 1 in accordance with Exhibit A-1 attached hereto and
incorporated herein by reference. In no event shall Contractor's annual compensation
exceed Two Hundred Thirteen Thousand Three Hundred Dollars ($266,300) per fiscal year
commencing the Fiscal Year July 1, 2022 through June 30, 2023 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 to the Original Agreement and Exhibit A-1 attached hereto
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. Contractor’s Proposal attached to the Original Agreement as Exhibit A is hereby
amended as set forth in Exhibit A-1 attached hereto and incorporated by reference herein to
substitute the updated Price Sheet for Landscape Maintenance Extra Work (Exhibit “B” to
Contractor’s Proposal) and to include the additional services set forth therein.
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
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
“CONTRACTOR”
Excel Landscape, Inc., a Corporation
City Manager
Date:
Jose Alfaro, Sr.
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Contractor ’s Proposal
EXHIBIT A-1
CONTRACTOR ’S PROPOSAL
[ATTACHED]