HomeMy WebLinkAboutA-21-431 2nd Amendment - Add Bogies Pumps.pdf I AMENDMENT NO. 2 TO MASTER AGREEMENT FOR
2 PUMP AND ELECTRICAL MOTOR SEERVICES AND REPAIR
3 This Amendment No. 2 to Service Agreement ("Amendment No. 2") is dated
4 `� Z '2-o and is between each of those contractors who are listed in
5 Exhibit"A", attached hereto and incorporated herein by this reference, individually hereinafter
6 referred to as "Contractor" and collectively hereinafter referred to as "Contractors", and such
7 additional Contractors as may, from time to time during the term of this Agreement, be added by
8 the County of Fresno, and the County of Fresno, a political subdivision of the State of California
9 ("County").
10 Recitals
11 A. On October 19, 2021, the County and the Contractor entered into Pump and Electrical
12 Motor Service & Repair Master Agreement, which is County agreement number 21-431
13 ("Agreement"), for pump and electrical motor service and repair, including on-site repairs and
14 replacement of water and wastewater related items to County.
15 B. On December 21, 2021, the County and Contractors entered into First Amendment to
16 Master Agreement for Pump and Electrical Motor Service and Repair to add Gleim-Crown
17 Pump, Inc. as a contractor to provide pump and electrical motor service and repairs.
18 C. Whereas, under section 13 of the Agreement, County's Director of Public Works and
19 Planning reserved the right to add new Contractors to the Agreement by adding the new
20 Contractor to those listed in Exhibit"A"without notice to or approval of any of the other
21 Contractors of the Agreement.
22 D. Whereas, any such Contractor added must qualify according to the terms of Request for
23 Quotation No. 21-062 and Addendum Number One (collectively, RFQ No. 21-062).
24 E. The County and Contractors now desire to further amend the Agreement to add Bogie's
25 Pump Systems as a contractor to provide pump and electrical motor service and repairs.
26 The parties therefore agree as follows:
27 . 1. Existing Exhibit"A" of the Agreement as previously amended, located as an exhibit to
28 the Agreement, is deleted in its entirety and replaced with the updated Exhibit"A", attached
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1 hereto and incorporated herein by this reference, which now includes Bogie's Pump Systems as
2 a Contractor. Bogie's Pump Systems agree that its inclusion on Exhibit"A" does not constitute a
3 guarantee or promise that it shall provide any certain amount of work or services to County
4 under the Agreement, as amended hereunder. Bogie's Pump Systems hereby acknowledges
5 that it has received a complete copy of the Agreement.
6 2. When both parties have signed this Amendment No. 3, the Agreement, Amendment No.
7 2, and this Amendment No. 3 together constitute the Agreement.
8 3. The Contractor represents and warrants to the County that:
9 a. The Contractor is duly authorized and empowered to sign and perform its obligations
10 under this Amendment.
11 b. The individual signing this Amendment on behalf of the Contractor is duly authorized
12 to do so and his or her signature on this Amendment legally binds the Contractor to
13 the terms of this Amendment.
14 4. The parties agree that this Amendment may be executed by electronic signature as
15 provided in this section.
16 a. An "electronic signature" means any symbol or process intended by an individual
17 signing this Amendment to represent their signature, including but not limited to (1) a
18 digital signature; (2) a faxed version of an original handwritten signature; or(3) an
19 electronically scanned and transmitted (for example by PDF document) version of an
20 original handwritten signature.
21 b. Each electronic signature affixed or attached to this Amendment (1) is deemed
22 equivalent to a valid original handwritten signature of the person signing this
23 Amendment for all purposes, including but not limited to evidentiary proof in any
24 administrative or judicial proceeding, and (2) has the same force and effect as the
25 valid original handwritten signature of that person.
26 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
27 subdivision (b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part
28 2, Title 2.5, beginning with section 1633.1).
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1 d. Each party using a digital signature represents that it has undertaken and satisfied
2 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
3 through (5), and agrees that each other party may rely upon that representation.
4 e. This Amendment is not conditioned upon the parties conducting the transactions
5 under it by electronic means and either party may sign this Amendment with an
6 original handwritten signature.
7 5. This Amendment may be signed in counterparts, each of which is an original, and all of
8 which together constitute this Amendment,
9 6. The Agreement, as previously amended and as amended by this Amendment No. 3 is
10 ratified and continued. All provisions of the Agreement as previously amended and not
11 amended by this Amendment No. 3 remain in full force and effect.
12 [SIGNATURE PAGE FOLLOWS]
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I The parties are signing this Amendment No. 3 on the date stated in the introductory
2 clause.
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BO IE'S PUMP SYSTEMS COUNTY OF FRESN
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6 Jorg Mijangos, Chief of Operations Steven E. ite
Director of Public Works and Planning
7 6 E. Ashlan Avenue
Fresno, CA 93726
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9,
10 For accounting use only:
11 Various County Service Areas and Waterworks Districts:
Orgs 9140, 9141, 9145, 9150, 9250, 9154, 9163, 9170, 9171, 9166, 9172, 9322, 9320, 9181, 9255, 9254,
12 9323, 9324, 9325, 9212, 9301, 9244, 9246, 9247, 9310, 9249, 9357, 9358, 9360, 9361, 9351, 9362
13 Various Disposal Sites:
Orgs 9026 and 9020
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Accounts: 7205, 7220, 7295
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Facility Services:
16 Org: 8935
Account: 7205
17 Fund: 1045
Subclass: 10000
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