Attachment H
Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110/AMENDMENT NUMBER TWO
AMENDMENT NUMBER TWO
THE
GENERAL SERVICES PROVIDER STANDARD AGREEMENT
BY AND BETWEEN THE CITY OF VICTORVILLE
AND
HOME EC INC. DBA CONNECT HOMES
Project No. ESC22-110
THIS AMENDMENT NUMBER TWO (“Amendment Two”) dated ___________ for reference purposes only, is made and entered into by and between the City of Victorville, a municipal corporation and Charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Home EC Inc. dba Connect Homes, a Delaware corporation qualified to do business in the state of California, hereinafter referred to as “Service Provider.” City and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.”
RECITALS
WHEREAS, the City has a currently has a General Services Provider Standard Agreement dated April 1, 2022 (hereinafter referred to as the “Original Agreement”) with Service Provider to furnish Shelter Modular Housing Units for the City’s Wellness Center (the “Project”); and
WHEREAS, the City required the design and manufacture of certain additional modular Community Buildings and related appurtenances (each, a “Module” or collectively, “Modules”) by Service Provider for use in the Project; and
WHEREAS, such additional Modules were manufactured and fabricated in accordance with the specifications provided to Service Provider by the City and designs developed by Service Provider therefrom, with said Modules completed and installed on the Project Site (the “Site”) by an independent General Contractor engaged by the City; and
WHEREAS, on or about June 2, 2022, Amendment One (1) was issued to the Original Agreement in order to amend the scope of services being provided by Service Provider under the Original Agreement to include the design and manufacture of these additional Community Building Modules for the Project as originally contemplated by the Parties; to provide for certain additional terms and conditions; and to increase the total compensation amount to provide payment for said amended scope of services, the Parties wish to enter into this Amendment One to the Original Agreement.
WHEREAS, it is the desire of the Parties to issue Amendment Two (2) to the Original Agreement revise Section 3., Compensation and amend the City Representative named throughout the Original Agreement; and
Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110/AMENDMENT NUMBER TWO
NOW THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Amendment One by this reference, and in consideration the covenants, conditions, and promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree to amend the Original Agreement follows:
1. Section 3 of the Original Agreement, titled “COMPENSATION”, is hereby amended to be reduced by $311,221.00, thereby amending the total cumulative not to exceed sum from $8,455,122 to read $8,143,901.00 as follows:
Section 3. COMPENSATION
The City shall pay a total sum not to exceed Eight Million One Hundred Forty-three Thousand Nine Hundred one and 00/100 Dollars ($8,143,901.00) for the set forth in Sections 2 of this Agreement, subject to the provisions of Section 4 hereof.
2. All references to the name of the City representative with respect to the contact person, are hereby amended as follows:
All references in the Original Agreement to “Brian Gengler, City Engineer ” are amended and replaced with “Fredy A. Bonilla, P .E., City Engineer”. In each Section of the Original Agreement in which the reference is to “Brian Gengler , City Engineer, or his designee”, the reference is amended and replaced with “Fredy A. Bonilla, P.E., City Engineer, or his designee.
3. Except as modified by this Amendment One, all other terms and conditions set forth in the Original Agreement shall remain in full force and effect.
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Gen. Services Provider Agreement/ HOME EC INC., PROJECT NO. ESC-22-110/AMENDMENT NUMBER TWO
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment One to be executed as of the dates written below.
THE CITY OF VICTORVILLE HOME EC INC. DBA CONNECT
HOMES
By: By:
Elizabeth Becerra, Mayor Greg Leung, CEO
Date: Date:
ATTEST
By:_____________________________
Jennifer Thompson
City Clerk
Date:___________________________
THE CITY OF VICTORVILLE
By: _____________________________
Sandra Bostick,
Risk Manager
Date:
By: _____________________________
Andre de Bortnowsky,
City Attorney
Date: _________________________