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HomeMy WebLinkAboutAGR-4547.D.1 - WWWT INC DBA ENVIRONMENTAL WATER SERVICES - FIRST AMENDMENT MAINTENANCE SERVICES FOR EISENHOWER LAKE, POND, & STREAM - FEB 2, 2024DocuSign Envelope ID:4D09AF06-A925-434A-A2D5-AB4DFFF5D918 DS AGR-4547.D. 57- FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT Maintenance Services for.Eisenhower Lake, Pond & Stream] THIS FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the First Amendment") is made and entered into as of February 13 , 2024,by and between the CITY OF ORANGE, a municipal corporation ("City"), and WWWT, INC., a California corporation doing business as ENVIRONMENTAL WATER SERVICES ("Assignee"), with reference to the following: A. City and Assignee entered into a Maintenance Services Agreement(Agreement No. 4547.D) dated as of June 9, 2020, which is incorporated herein by this reference (the "Original Agreement"); and B. City and Assignee desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Services and increasing the compensation. NOW, THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. Section 2. Cross-References. City and Assignee agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment. Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by EIGHT THOUSAND DOLLARS and 00/100($8,000.00)and Section 2.a is hereby amended in its entirety to read as follows: Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED SIXTY-SIX THOUSAND DOLLARS and 00/100 ($166,000.00) without the prior written authorization of City." Section 5. Authority of City Manager. Pursuant to Section 3.08.430 of the Orange Municipal Code, the City Manager is authorized to approve and execute amendments to the Agreement to adjust the compensation as provided herein. DocuSign Envelope ID:4D09AF06-A925-434A-A2D5-AB4DFFF5D918 Section 6. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written. CONTRACTOR" CITY" WWWT, INC., a California corporation dba CITY OF ORANGE, a municipal corporation ENVIF.ONAigigAL WATER SERVICES DocuSignedby: ID12 fl / nuts C. ist,.a By: D, oo6c By: '-8FAAF5B630A1486 Printed Name: gob Dunn Thomas C. Kisela, City Manager Title: Treasurer DocuSipned by: pat, fitik By: 1/4.-xcnnF7,7n1n,dac APPROVED AS TO FORM: Printed Name: Pete Eich p—DocuSpned by: Title: President cDC367OCOA75.8A... Nathalie Adourian Senior Assistant City Attorney NOTE:If Assignee is a corporation, the City requires the following signature(s): 1)the Chairman of the Board,the President or a Vice-President,AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 2 DocuSign Envelope ID:4D09AF06-A925-434A-A2D5-AB4DFFF5D918 EXHIBIT "A" SUPPLEMENTAL SCOPE OF SERVICES Behind this page.] DocuSign Envelope ID:4D09AF06-A925-434A-A2D5-AB4DFFF5D918 EysENVIRONMENTALWATERSERVICES Maintenance • Installs • Repairs • Supplies October 4, 2023 City of Orange: Eisenhower Park Price Quote: $3,800 s Y fil ilijIL ' - fah I 174 *Aa; ' CP x 16 MZ-41414ii11,!- gi; .. tilik v ,lift rt . ' 011 'at i ' .. Scope of work: A welded steel mesh cage intake cover will be fabricated and installed. Thank you, Please do not hesitate to call with any questions. Pete Eich 714)334-7234 2973 Harbor Blvd.#823 Costa Mesa, CA 92626 Office Phone: (951)757-5884 Email: pete.environmentalwaterservices@gmail.com