HomeMy WebLinkAboutAmendment No. 2 DocuSign Envelope ID:6503C91 B-4CDA-4526-9899-2AACA22049B0
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTOR SERVICES
Above All Names Construction Services, Inc.
Annual Citywide Curb, Gutter& Sidewalk Improvement CGS20 CIP Project No. Z10001
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as
of 2/22/2022, by and between the City of Lake Elsinore, a municipal corporation ("City), and
Above All Names Construction Services Inc., a Corporation ("Contractor").
RECITALS
A. The City and Contractor have entered into that certain Agreement for Construction
Services dated as of 7/1/2020, (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
Three Hundred Thousand dollars ($300,000.00) each fiscal year.
C. The Original Agreement had a term of 36-mohths, commencing on 7/1/2020 and
ending on 6/30/2023.
D. Amendment No. 1 dated 6/22/2021, increased compensation by an additional
$30,000 for a not to exceed compensation amount of$330,000 per fiscal year.
E. The parties now desire to amend increase the payment for such services as set
forth in this Amendment No. 2 for an annual amount not to exceed $580,000.
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 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 (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's annual
compensation exceed Three Hundred Thirty Thousand Dollars ($580,000)
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 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.
DocuSign Envelope ID:6503C91 B-4CDA-4526-9899-2AACA22049B0
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed
on the respective dates set forth below.
"CONSULTANT"
Above All Names Construction, Inc.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
DocuSigned by: DocuSigned by:
Sbvu
F Pan#w
Jason Impson, City Manager Karen a regon
Date:
3/5/2022 1 11:36 AM PST Date: 3/5/2022 11:31 AM PST
ATTEST:
DocuSigned by:
City Clerk
APPROVED AS TO FORM:
Docu®Signed by:
�GiL® �ri460 L>�
City orney
DocuSigned by:
Sew N&(."
Director of Administrative Services
Attachments: Exhibit A-1 —Consultant's Proposal
DocuSign Envelope ID:6503C91 B-4CDA-4526-9899-2AACA22049B0
EXHIBIT A-1
CONSULTANT'S PROPOSAL
[ATTACHED]