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AGR-6601.D - BAY CITY EQUIPMENT INDUSTRIES INCAC, R-(a(0oI FOURTH AMENDMENT TO CONTRACT [Planned Maintenance and Annual Services for Water Division Emergency Generators Located at Various Locations Within the City] THIS FOURTH AMENDMENT TO CONTRACT (the "Fourth Amendment") is made and entered into as of Usfi k7 , 2022, by and between the CITY OF ORANGE, a municipal corporation ("City"), and BAY CITY EQUIPMENT INDUSTRIES, INC. dba BAY CITY ELECTRIC WORKS, a California corporation ("Contractor"), with reference to the following. A. City and Contractor entered into a Contract (Agreement No. 6601) dated May IS', 2018, which is incorporated herein by this reference (the "Original Contract"); and B. City and Contractor amended the Original Contract to extend the term and increase the compensation by a First Amendment to Contract (Agreement No. 660 LA) dated November 5, 2019, which is incorporated herein by this reference (the "First Amendment"); and C. City and Contractor amended the Original Contract to extend the term and increase the compensation by a Second Amendment to Contract (Agreement No. 6601.13) dated March 29, nnnl 7_ ---__�_] L_.__L_ 1--- 11_7_ ___r________ /a.l_- cc0----- A A' -- -' -A— —11\ --.] AGR-(a( C)I FOURTH AMENDMENT TO CONTRACT [Planned Maintenance and Annual Services for Water Division Emergency Generators Located at Various Locations Within the City] 1 nirct Amendment are aee"mea and conslruecOo rel'er to t ie 6ngina Conira°cf;'a i�'r'i�le+mer�ieYd9 this Third Amendment. Section 3. Revised Work Performed. The Contractor's Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference. Section 4. Term. Article 2 of the Original Contract is hereby amended to reflect a Fourth Extension Term, commencing on July 1, 2022, and terminating on June 30, 2023, and the term is extended accordingly. Section 5. Compensation. Article 3 of the Original Contract is hereby amended in its entirety to read as follows: to increase the total not -to -exceed compensation for the services to be rendered to and Article 3 is hereby amended in their entirety to read as follows: "For the Fourth Extension Term, Contractor agrees to receive and accept an amount not to exceed EIGHTEEN THOUSAND EIGHT HUNDRED THIRTY-EIGHT DOLLARS and 60/100 ($18,838.60) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them." Section 6. Authority of City Manager. Pursuant to Article II of the Original Contract Section 4. Term. Article 2 of the Original Contract is hereby amended to reflect a Fourth Extension Term, commencing on July 1, 2022, and terminating on June 30, 2023, and the term is extended accordingly. Section 5. Compensation. Article 3 of the Original Contract is hereby amended in its entirety to read as follows: to increase the total not -to -exceed compensation for the services to be rendered to and Article 3 is hereby amended in their entirety to read as follows: 46'r,-- a1-- 1. __ --I- __, __ Ir___ 1" __a.._._--- ...W_-- 4,_ .., —_:__ ._.,..7 -- _.__._� 2 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written. "CONTRACTOR" BAY CITY EQUIPMENT INDUSTRIES, INC dba BAY CITY ELECTRIC WORKS, a California corporation *By: Prin ed Name: o0;6F a ¢ Title: By: Pri ame: Title: / "CITY" CITY OF ORANGE a unicipal corporation otBy: Rob Houston, City Manager APPROVED AS TO FORM: l Mary E. Bifning Senior Assistant City Attorney *NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s): IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written. "CONTRACTOR" BAY CITY EQUIPMENT INDUSTRIES, INC dba BAY CITY ELECTRIC WORKS, a California corporation "CITY" CITY OF ORANGE a unicipal corporation D... 0