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HomeMy WebLinkAboutRobinson & Moretti - 2012 Agreement - Amendment No. 2SECOND AMENDMENT TO ROBINSON AND MORETTI WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and Robinson and Moretti entered into that certain agreement entitled Robinson and Moretti, effective on 12/5/2012, hereinafter referred to as "Original Agreement "; and WHEREAS, City and Robinson and Moretti 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. The original term of agreement in Article 1. Term of Agreement states that "This Agreement will become effective on 12/5/2012 and will continue in effect through 12/5/2015. The City, in its sole discretion, may exercise a two year extension, beginning on 12/5/2015 if and only if City provides written notice of its decision to extend the contract." By this Second Amendment, the City hereby exercises the option to extend the agreement by two years, through 12/5/2017. 2. Exhibit `B" Scope of Services of the Original Agreement shall be amended to read as follows: Install emergency water main replacement for connection on SR 152 /Leavesley Road at Swanston Lane. 3. Exhibit "D" payment schedule of the Original Agreement states that "Total fiscal year amount not to exceed the amount budgeted for that particular fiscal year for maintenance and repairs." This Second Amendment is a one -time increase in the amount of the agreement by an amount not to exceed $65,000.00 to cover the cost of the additional scope of work in Exhibit `B" of this amendment. 4. 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 terms of this Amendment shall control. 5. 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. 4845 -8215 -55400 _ 1 MDOLINGER104706083 CITY OF GILROY By: L [signature] Gabriel Gonzalez Robinson and Moretti By: ila, - [signature] [employee name] City Administrator [title/department] Date: — &— z Date: Approved as to Form City Attorney 4845 -8215 -55400 _2_ MDOLINGEM04706083 Rich Robinson CEO [name] [title] - \Z -1-1