HomeMy WebLinkAboutTwo Brothers Cathodic - Cathodic Protection Equipment Maintenance and Repair (2016) - Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH TWO BROTHERS CATHODIC SERVICES,
INC. FOR CATHODIC PROTECTION EQUIPMENT MAINTENANCE AND REPAIR, AS
NEEDED FOR CITY WATER RESERVOIRS
WIffiREAS, the City of Gilroy, a municipal corporation ("City"), and Two Brothers Cathodic
Services, Inc., entered into that certain agreement entitled Agreement for Services effective on
December 12, 2015 hereinafter referred to as "Original Agreement"; and
WHEREAS, City and Two Brothers Cathodic Services, 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:
Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
"This Agreement will become effective on December 12, 2015 and will continue in effect
through December 12, 2020, 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 5, Section G shall be added to read as follows:
G. Prevailing Wage
The Contractor agrees and acknowledges that it is its obligation to determine whether, and to
what extent, the work performed under this Agreement is subject to any Codes, Ordinances,
Resolutions, Rules and other Regulations and established policies of the City and the laws of
the State of California, the United States, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage laws. The Contractor shall ensure that all
subcontractors are informed and are required to pay prevailing wages in compliance with the
California Labor Code and the regulations thereunder. It shall be the duty of the Contractor to
post a copy of applicable prevailing wages at the job site. Prevailing wage information may be
obtained at www.dir.ca.aov.
3. Exhibit "D" (Payment Schedule) of the Original Agreement shall be replaced with Exhibit "D"
(Payment Schedule) attached hereto, as page 3 and 4 of this Amendment.
4. This Amendment shall be effective on December 11, 2018.
5. 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.
6. 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.
4845-8215-5540v1
MDOLINGEM04706083
IN WITNESS WfffiREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CONTRACTOR:
Two Brothers Cathodic Services,, Inc.
By: waw4e"*A�
[signature]
1110N<f-
[employee \� ame]
69W n e- r
[title/department]
Date: 15 9go/ q
App v d as to Form: k,e,, as *,o,, Form:
City Attorney
CITY:
CITY OF GILROY
By:
[signature]
Gabriel A. Gonzalez
[name]
City Administrator
[title]
Date:
4845-8215-5540V1
M DOLING EM04706083
EXHIBIT "D"
PAYMENT SCHEDULE
Attached.
Each payment to be invoiced and paid upon completion of specific job through the end of the fiscal
year.
4845-8215-55400 _3 _
MDOLINGER104706083
Two Brothers Cathodic Services, Inc.
Ofrw,e: (5-30) 33-3---0764
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and wowmia corrossion convol in aecordance with AWWA D 104 Appendix`C"
All,sen*e pAwU hiMbkone sW visit per contract term, to in� thefollo-wing:
1. Thnk-to-wwwer pmxttW' ptofile, within tank to monitor and verify effw&-tnm of sysum on submem sur6ceof-tank
Z Elwt6cal measurm-, cots to tea anode ad refluvace celk
3. Inspev, test and dean redifier, controls, meters, waract, wking and conneaimm Replace fuses as required,
4. Adjust system for optunum cormsion control on subnwSed metal mulkee of tank
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...... ........ .. . Upon approval, please immediarelyfaxvigned contract to: (530) 3h:4j8'"'9''-