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AGR-6631.3 - GENERAL PUMP COMPANY INCTHIRD AMENDMENT TO CONTRACT [Well Maintenance and Repairs (Bid No.178-40)] THIS THIRD AMENDMENT TO CONTRACT (the "Third Amendment") is made and entered into as of u_-:,t 3 , 2022 by and between the CITY OF ORANGE, a municipal corporation ("City"), a d GENERAL PUMP COMPANY, INC., a California corporation ("Contractor"), with reference to the following. A. City and Contractor entered into a Contract (Agreement No. 6631) dated July 10, 2018, which is incorporated herein by this reference (the "Original Contract"); and B. City and Contractor amended the Original Contract to extend the term by a First Amendment to Contract (Agreement No. 6631.1) dated June 29, 2021, which is incorporated herein by this reference (the "First Amendment"); and C. City and Contractor amended the Original Contract to increase the compensation by a Second Amendment to Contract (Agreement No. 6631.2) dated October 13, 2021, which is incorporated herein by this reference (the "Second Amendment"); and /_\(2,R—( 63t.3 THIRD AMENDMENT TO CONTRACT [Well Maintenance and Repairs (Bid No.178-40)] THIS THIRD AMENDMENT TO CONTRACT (the "Third Amendment") is made and extends the Term oe tnls contract to reelect the Second Extension 1 erm, commencing on Juiy 1, 2022, and terminating on June 30, 2023. Section 4. Compensation. The total not -to -exceed compensation for the services to be rendered as set forth in Article III of the Original Contract is increased by FOUR HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED SEVENTY-TWO DOLLARS and 86/100 ($432,972.86) and Article III is hereby amended in its entirety to read as follows: "The Contractor agrees to receive and accept an amount not to exceed FOUR HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED SEVENTY- TWO DOLLARS and 86/100 ($432,972.86) for the Second Extension Term, which amount shall not be increased without prior written authorization of the City. The total cumulative amount payable to Contractor under this Contract totals a not -to -exceed amount of TWO MILLION THREE HUNDRED THIRTY-ONE THOUSAND SIX HUNDRED SIXTEEN DOLLARS and 06/100 ($2,331,616.06). Payment shall be made for the performance of the services described in Attachment No. 1, as assigned by the Authorized City Representative, based on the unit prices during the immediately preceding Term. As authorized and scheduled work is completed during the Second Extension Term of the Contract, the Contractor shall submit to the City an invoice for the work completed for the preceding calendar month. Payment shall be due within thirty (30) days after review and approval of each invoice by the City. The Contractor shall furnish further itemization and breakdown of the Contract price when requested by the City." Section 5. Authority of City Manager. Pursuant to Article II of the Original Contract, the City Manager is authorized to approve and execute amendments to the Contract to extend the Term and adjust the compensation as provided herein. Section 6. Integration. This Third Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms i ---- -_' - --- _J ♦--- ---J__­ ---1 4-- ----3 ��-------'__ _D mil__ /lW �]�_1 "The Contractor agrees to receive and accept an amount not to exceed FOUR HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED SEVENTY- TWO DOLLARS and 86/100 ($432,972.86) for the Second Extension Term, which amount shall not be increased without prior written authorization of the City. The total cumulative amount payable to Contractor under this Contract totals a not -to -exceed amount of TWO MILLION THREE HUNDRED THIRTY-ONE THOUSAND SIX HUNDRED SIXTEEN DOLLARS and 06/100 ($2,331,616.06). Payment shall be made for the performance of the services described in Attachment No. 1, as assigned by the Authorized City A PnrPean+a tivP hacari nn A'. ltni+ nrinae rinrinrr +1,P immPe4;5ttP1y nrPnPrlina 2 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written. "CONTRACTOR" GENERAL PUMP COMPANY, INC. a California corporation *By: Printed ame: Mic e Bodart Title: President *By: I� Printed Name: dinger earripbell Title: Secretary "CITY" CITY OF ORANGE, a municipal corporation By: Rob Houston, City Manager APPROVED AS TO FORM: Mary E. B ing Senior Assistant City Attorney *NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.