HomeMy WebLinkAboutAGR-7724.2 - EXCEL BACKFLOW SERVICE, INC. - BACKFLOW DEVICE TESTING & REPAIR SERVICESDocusign Envelope ID:7F8F0235-396D-85DD-8069-8DE180528072
Initial
SECOND AMENDMENT AGR-7724. 2 U7
TO
CONTRACT
Backflow Device Testing and Repair Services (Bid No. 23-24.40)]
THIS SECOND AMENDMENT TO CONTRACT (the "Second Amendment to
Contract") is made and entered into as of July 13 , 2026 ("Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and EXCEL BACKFLOW
SERVICE INC., a California corporation ("Contractor"), with reference to the following.
A. City and Contractor entered into a Contract(Agreement No. 7724) dated as of July
23, 2024, which is incorporated herein by this reference (the"Original Contract"); and
B. City and Contractor amended the Original Agreement to extend the term and
increase the compensation by a First Amendment to Contract (Agreement No. 7724.1)dated as of
September 4, 2025, which is incorporated herein by this reference (the"First Amendment"); and
C. City and Contractor desire to modify, amend and supplement certain portions of the
Original Contract by extending 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
Second Amendment are deemed and construed to refer to the Original Contract, as implemented
by this Second Amendment.
Section 3. Second Extension Term. Pursuant to Article 3.d of the Original Contract,
the City hereby extends the Term of this Contract to reflect the Second Extension Term,
commencing on July 1, 2026, and terminating on June 30, 2027.
Section 4. Extension of Compensation. Pursuant to Article 3.d of the Original
Contract, the City hereby extends the Term of this Contract to reflect the Second Extension Term,
commencing on July 1, 2026, and terminating on June 30, 2027, and Article 3.d is hereby amended
to reflect a total compensation for the Second Extension Term not-to-exceed the amount of FIFTY
THOUSAND EIGHT HUNDRED EIGHTY-NINE DOLLARS and 51/100 ($50,889.51).
Section 5. Authority of City Manager. Pursuant to Article 3 of the Original Contract,
the City Manager is authorized to approve and execute amendments to the Contract to adjust the
compensation as provided herein.
Section 6. Integration. This Second Amendment amends, as set forth herein, the
Original Contract and, except as specifically amended hereby, the Original Contract shall remain
Docusign Envelope ID:7F8F0235-396D-85DD-8069-8DE 180528072
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,
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"
EXCEL BACKFLOW SERVICES, INC. CITY OF ORANGE, a municipal corporation
a California co•.oration 1—Initial
Signed by:
By. By.
C F SF 6 .
Printed t b Jarac > .
F0tt ibrand, City Manager
Title: Qu N -
ATTEST:
By: Signed by:
Printed Name:.5/MAW /3Ex75
Title: GPO
LJ tLi aoelEFa3N, .
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Ia pia ieXaouiian, 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.