HomeMy WebLinkAboutAGR-6601.5 - BAY CITY EQUIPMENT INDUSTRIES, INC. dba BAY CITY ELECTRIC WORKS - FIFTH AMENDMENT TO AGREEMENT FOR PLANNED MAINTENANCE & ANNUAL SERVICES FOR EMERGENCY GENERATORSDocuSign Envelope ID:5486C119-E21 U-4F4F-A569-DC650BF4B19E
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AGR-6601.f
FIFTH AMENDMENT
TO
CONTRACT
Planned Maintenance and Annual Services for Water Division Emergency
Generators Located at Various Locations within the City]
THIS FIFTH AMENDMENT TO CONTRACT (the "Fifth Amendment") is made and
entered into as of October 18 2023, 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 as of May
15, 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. 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 amended the Original Contract to extend the term and increase
the compensation by a Fourth Amendment to Contract(Agreement No. 6601.D)dated August 17,
2022, which is incorporated herein by this reference (the"Fourth Amendment"), and
F. City and Contractor desire to further amend the Original Contract to modify,amend
and supplement certain portions of 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
Fifth Amendment are deemed and construed to refer to the Original Contract, as implemented by
this Fifth Amendment.
DocuSign Envelope ID:5486C119-E210-4F4F-A569-DC6506F4B19E
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
Fifth Extension Term, commencing on October 1, 2023, and terminating on October 1, 2024 and
the term is extended accordingly.
Section 5. Compensation. Article 3 of the Original Contract is hereby amended in its
entirely 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 Fifth Extension Term, Contractor agrees to receive and accept an
amount not to exceed TWENTY-THREE THOUSAND ONE HUNDRED
NINETY DOLLARS and 82/100 ($23,190.82) 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. Retention amounts shall be withheld from
progress payments as required by law unless Contractor provides securities in
lieu of retention."
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 adjust the compensation as provided herein.
Section 7. Integration. This Fifth 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 Fifth Amendment and the terms and provisions of the Original Contract,the
terms and provisions of this Fifth Amendment shall control and govern the rights and obligations
of the parties.
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DocuSign Envelope ID:5486C119-E210-4F4F-A569-DC650BF4B19E
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 r—DocuSigned by:
DoouSigned by: e A C. 6St,.a
Lk)U. s By: `-8FAAF5B630A1486...
By: AS'3pCFft„CARdAF Thomas C. Kisela, City Manager
Printed Name:
Title:
APPROVED AS TO FORM:
By: DocuSigned by:
Printed Name:ht,(,iSSa CrosfloAtif t,
Title: CA668FBD90454B7...
Melissa M. Crosthwaite
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.
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