HomeMy WebLinkAboutAGR-6601.2 - BAY CITY EQUIPMENT INDUSTRIES INC DBA BAY CITY ELECTRIC WORKS - SECOND AMENDMENT ANNUAL SERVICES FOR WATER DIVISION EMERGENCY GENERATORSfi
SECOND AMENDMENT TO
CONTRACT
Planned Maintenance and Annual Services for Water Division Emergency
Generators Located at Various Locations Within the City]
THIS SECOND AMENDMENT TO CONTRACT(the"Second Amendment")is made
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and entered into as of tAccrc' •1 , 2021 ("Effective Date") 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 15`",
2018,which is incorporated herein by this reference (the"Original Contract"); and
B. On November 5, 2019, City and Contractor amended the Original Contract by a
First Amendment to Contract (Agreement No. 6601.A), which is incorporated herein by this
reference (the "First Amendment"), to extend the term and increase the compensation; and
C. City and Contractor desire to modify,amend and supplement certain portions of the
Original Contract to further extend the term 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 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. Pursuant to Article 2 of the Original Contract, the City hereby
extends the Term of this Contract to reflect the Second Extension Term, commencing on July 1,
2020 and terminating on June 30, 2021.
Section 5. Compensation. Article 3 of the Original Contract is hereby amended to
increase the total not-to-exceed compensation for the services to be rendered by FIFTY-TWO
DOLLARS and 34/100($52.34)and Article 3 is hereby amended in its entirety to read as follows:
Contractor agrees to receive and accept the lump sum amount of
SEVENTEEN THOUSAND EIGHT HUNDRED THIRTY-EIGHT
DOLLARS AND 82/100 ($17,838.82) 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. Authoritv of Citv Manager. Pursuant to Article 2 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 7. Inte ration. This Second Amendment amends, as set forth herein, the
Original Contract as amended and, except as specifically amended hereby, the Original Contract
as amended shall remain in full force and effect. To the extent that there is any conflict or
inconsistency between the terms and provisions of this Second Amendment and the terms and
provisions of the Original Contract as amended, the terms and provisions of this Second
Amendment shall control and govern the rights and obligations of the parties.
Remainder ofpage intentionally left blank;signatures on next pageJ
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IN WITNESS of this Contract, the parties enter into this Second Amendment 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 corporation
California c oration
By:
XBy: Rick Otto, City Manager
Printed ame: 20 d y , Lt e
Title: 1 I'eg k ' - Cl 0
APPROVED AS TO FORM:
By.
Printed Name: Mary E. B ning
Title: ,l/';d,,,/!-T/J` Senior Assistant City Attorn y
XNOTE:If CONTRACTOR is a corporation, the City Yequires 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 Agree nent. 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.
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