HomeMy WebLinkAboutAGR-6601.4 - BAY CITY EQUIPMENT INDUSTRIES INC DBA BAY CITY ELECTRIC WORKS - FOURTH AMENDMENT ANNUAL SERVICES FOR WATER DIVISION EMERGENCY GENERATORSAGRA,(0.14
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 PhAto0.57 i7 , 2022, by and between the CITY OF ORANGE, a
municipal corporation ("City"j'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 amended the Original Contract to extend the term and increase
the compensation by a Third Amendment to Contract (Agreement No. 6601.C) dated August 9,
2021,which is incorporated herein by this reference(the"Third Amendment"), and
E. 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 deemed 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 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
and Orange Municipal Code 5.08.520, 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 Fourth 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 Fourth Amendment and the terms and provisions of the Original Contract,
the terms and provisions of this Fourth Amendment shall control and govern the rights and
obligations of the parties.
Remainder ofpage intentionally left blank;signatures on next page]
2
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 unicipal corporation
dba BAY CITY ELECTRIC WORKS, tdaCaliforniacorporation
By:
Rob Houston, City Manager
By:
Prin ed Name:11tae' t&:; '
Title:
APPROVED AS TO FORM:
By:I ' r
Pri ame: r'"`r 1 l/\.Jl
Title: G 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 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.
3