HomeMy WebLinkAboutAGR-6601.3 - BAY CITY EQUIPMENT INDUSTRIES INC DBA BAY CITY ELECTRIC WORKS - THIRD AMENDMENT ANNUAL SERVICES FOR WATER DIVISION EMERGENCY GENERATORSAGR- Go1. ¢3
THIRD AMENDMENT
TO
CONTRACT
Planned Maintenance and Annual Services for Water Division Emergency
Generators Located at Various Locations Within the City]
THIS THIRD AMENDMENT TO CONTRACT(the"Third Amendment to Contract")
is made and entered into as of A u us+' q ,2021 ("Effective Date")by and between the CITY
OF ORANGE, a municipal corpora-ion ("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 15th,
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. 6601.A)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.B)dated March 29,
2021, which is incorporated herein by this reference(the"Second Amendment"); and
D. City and Contractor desire to further amend the Original Contract to 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
Third Amendment are deemed and construed to refer to the Original Contract, as implemented by
this Third Amendment.
Section 3. Revised Work Performed. The Contractor's Proposal 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 Third Extension Term, commencing on July 1,
2021, and terminating on June 30, 2022.
Section 5. Compensation. Article III is hereby amended in its entirety to read as
follows:
For the Third Extension Term,the Contractor agrees to receive and accept an
amount not to exceed EIGHTEEN THOUSAND TWO HUNDRED SIXTY-
ONE DOLLARS and 96/100 ($18,261.96) 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, 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. 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
and provisions of this Third Amendment and the terms and provisions of the Original Contract,
the terms and provisions of this Third Amendment shall control and govern the rights and
obligations of the parties.
Remainder of page intentionally left blank; signatures on next page]
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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:
XBy: ck Otto, City Manager
Printed Name:
Title: //r oOE',T..1'
By: APPROVED AS TO FORM:
Pri ame:
Title:,i r,il,v% PC I/
Mary E. Bi 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 TYeasurer. 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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