Byron Epp - 2016 Agreement - Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH BYRON EPP, INC. FOR OUARTERLY
INSPECTIONS AND SERVICE OF BI-FOLD DOORS
WHEREAS, the City of Gilroy, a municipal corporation ("City"), and Byron Epp, Inc., entered
into that certain agreement entitled Agreement for Services effective on September 15, 2016
hereinafter referred to as "Original Agreement"; and
WHEREAS, City and Byron Epp, Inc. have determined it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
"This Agreement will become effective on September 151h, 2016 and will continue in effect
through June 30th, 2021, unless terminated in accordance with the provisions of Article 7 of this
Agreement.
Any laps in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein."
2. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as
follows:
"In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONTRACTOR exceed $9,100.00 per year
during the period of Sept 15th, 2016 through June 30th, 2019, and if extended for an additional
two years $10,100 per year during the period of July 1st, 2019 to June 30th, 2021."
Article 5, Section G shall be added to read as follows:
G. Prevailing Wage
4. CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to
what extent, any work performed is or any workers employed relative to any construction to be
performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and
other Regulations and established policies of CITY and the laws of the State of California and
the United States, including, without limitation, the California Labor Code and Public Contract
Code relating to public contracting and prevailing wage requirements ("Prevailing Wage
Laws"). To the extent Prevailing Wage Laws apply to work performed or workers employed
for the purpose of performing work under this Agreement, CONTRACTOR shall fully comply
with and ensure that all workers and/or subcontractors are informed of and comply with all
Prevailing Wage Laws and specifically any applicable requirement of California Labor Code
Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the
payment of prevailing wage rates based on labor classification, as determined by the State of
California, and the performance of other requirements on certain "public works" or
"maintenance" projects. It is the duty of CONTRACTOR to post a copy of applicable
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prevailing wages at the job site. Prevailing wage information may be obtained at
www.dir.ca.2ov.
5. This Amendment shall be effective on June 29t", 2019.
6. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original
Agreement and. this Amendment, the tenns of this Amendment shall control.
7. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CONTRACTOR:
Byron Epp, Inc.
By: /
[signature]
Alicia B ez/
[employee name]
Controller
[title/department]
Date: 11 /21 /2019
Approved as to Form:
—f-� <�'
City Attorney
CITY:
CITY OF GILROY
I
By:
[signature]
Gabriel A. Gonzalez
[name]
City Administrator
[title]
Date: /'-/26/9
Attest:
City lerk
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