HomeMy WebLinkAboutAGR-7745.1 BIO AQUATICS LAKE MANAGEMENT, LLC. - MAINTENANCE SERVICES FOR EISENHOWER PARK LAKE & STREAMSFIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Eisenhower Park Lake & Stream]
THIS FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the
“First Amendment”) is made and entered into as of __________________, 2025 (“Effective
Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and BIO
AQUATICS LAKE MANAGEMENT LLC, a California limited liability company (“Contractor”),
with reference to the following.
A. City and Contractor entered into an Agreement (Agreement No.7745) dated as of
June 25, 2024 which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to modify, amend and supplement certain portions of the
Original Agreement by extending an additional one year of the initial term of the original
agreement and to increase the compensation for provision of an increased quantity of services.
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 Contractor 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 referenced in Exhibit A
of the Original Agreement, is hereby amended, modified and supplemented to allow for
contractor’s provision of an additional year of services per the “Optional Extension Term” at the
annual rate established in Exhibit B.
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 THIRTY-SIX
THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($36,400.00). Section 2.b of the
Original Agreement is increased by THREE THOUSAND SIX HUNDRED FORTY and 00/100
($3,640.00) for additional contingencies.
Sections 2.c is hereby amended in its entirety to read as follows:
c. “The total amount of compensation under this Agreement, including
contingencies, shall not exceed SEVENTY-EIGHT THOUSAND ONE
HUNDRED FIFTY-FIVE DOLLARS and 00/100 ($78,155.00)."
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AGR-7745.1
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Section 5. Term. Pursuant to Section 10 of the Original Agreement, the City hereby
extends the Term of this Agreement to reflect the Extension Term, commencing on July 1, 2025
and terminating on June 30, 2026.
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.
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EXHIBIT “B”
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Exhibit B page 1 of 1
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