HomeMy WebLinkAboutAGR-6601.1 - BAY CITY EQUIPMENT INDUSTRIES INC DBA BAY CITY ELECTRIC WORKS - FIRST AMENDMENT ANNUAL SERVICES FOR WATER DIVISION EMERGENCY GENERATORSAGR-0(0o\. 1
FIRST AMENDMENT
TO
CONTRACT
THIS FIRST DMENT TO CONTRACT (the "First Amendment") is made and
entered into as of ?h/3 /9 2019, 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 that certain Contract(Agreement No. 6601) dated as
of May 15th, 2018,which is incorporated herein by this reference (the"Original Contract"); and
B. City and Contractor desire to amend the scope of services and increase the
compensation.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this First
Amendment are deemed and construed to refer to the Original Contract, as implemented by this First
Amendment.
Section 3. Revised Scope of Services. The Contractor's Proposal contained in
Attachment No. 1 as referenced in Article I 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. Pursuant to Article II of the Original Contract, the City hereby extends
the Term of this Contract to reflect the First Extension Term, commencing on July 1, 2019 and
terminating on June 30, 2020.
Section 5. Compensation. Article III of the Original Contract is hereby amended to
increase the total not-to-exceed compensation for the services to be rendered by ONE HUNDRED
SEVENTY SIX DOLLARS and 19/100 ($176.19) and Article III is hereby amended in its entirety to
read as follows:
Contractor agrees to receive and accept the lump sum amount of SEVENTEEN
THOUSAND SEVEN HUNDRED EIGHTY-SIX AND 48/100 DOLLARS
17,786.48) as full compensation for furnishing all materials and doing the Work
contemplated and embraced in this Contract; also for all loss or damage arising
out of the nature of the Work aforesaid, or from the acts of the elements, or from
any unforeseen difficulties or obstructions which may arise or be encountered in
the prosecution of the Work until its acceptance by the City, and all risks of every
description connected with the Work, also for all expenses incurred by or in
consequence of the suspension or discontinuance of the Work, and for the 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,
the City Manager is authorized to approve and execute amendments to the Contract to extend the
Term and adjust the compensation.
Section 7. Integration. This First 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 and provisions
of this First Amendment and the terms and provisions of the Original Contract, the terms and
provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first
above written.
CONTRACTOR" CITY"
BAY CITY EQUIPMENT INDUSTRIES, INC. CITY OF ORANGE, a municipal corporation
dba BAY CITY ELECTRIC WORKS,
a California corporation
By:
By: ick Otto, City Manager
Prin me• !0
Title: J%'v,,GT S f FA'Fr
APPROVED AS TO FORM:
By:l.(A,l
Printed Name: / .E u.bG Mary E. nning
Title: `t 6ioE.1'c J`Senior Assistant City Atto
NOTE: If CONTRACTOR is a corporation, tJee City requires tlae following signature(s):
1) t{ae CJtairman of the Board, tl:e President or a Vice-President,AND (2) tJ:e Secreta y,
tlze Chief Financial Officer, the Treasurer, an Assistant Sec etary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer f:olds 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 tlae co porate esolution, certifred by the Secretary close
in tirree to the execution of tlze Agreement, must be provided to the City.
2