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Proposed Amendment No. 3 to Agreement with O.C. McDonald Co.

City Council and Authorities Concurrent
August 19, 2025

Document
Proposed Amendment No. 3 to Agreement with O.C. McDonald Co.
Meeting
August 19, 2025
Body
City Council and Authorities Concurrent
Pages
3
Original file
220 KB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.
Page 1 of 3 ends

Agreement No: 10072B-3

AMENDMENT NO. 3

TO THE LEVI’S STADIUM ON-CALL PLUMBING AND MECHANICAL

MAINTENANCE AND REPAIR SERVICES CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
O.C. MCDONALD CO., INC.

1. Parties and Date.

This Amendment No. 3 to the Levi’s Stadium On-Call Mechanical and Plumbing Maintenance and Repair Services Contract is made and entered into as of this ___ day of ____, 2025, by and between the Forty Niners Stadium Management Company LLC (“Stadium Manager”) and O.C. McDonald Co., Inc., a California corporation with its principal place of business at 1150 W. San Carlos St., San Jose, CA 95126 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Contractor. The Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium Mechanical and Plumbing Maintenance and Repair Services Contract” (“Contract”) for the purpose of retaining the services of Contractor to provide on -call stadium mechanical and plumbing maintenance and repair work.

2.2 Amendment Purpose . The Stadium Manager and Consultant desire to amend the Contract to extend the term and make corresponding changes to the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Sections 3.3,

3.7.1, and 3.17.18 of the Contract. Capitalized terms not otherwise defined or amended herein shall have the meaning assigned in the Contract.

3. Terms.

3.1 Amendment: In accordance with Section 3.3 of the Contract, the Parties agree to extend the term of the Contract by one (1) additional year commencing September 7, 2025 and expiring September 6, 2026 (“Second Extension Term”).

3.2 Amendment: In accordance with Section 3.7.1 of the Contract, the Parties agree to establish a not-to-exceed compensation amount of Two Hundred Fifty Thousand Dollars ($250,000) for the Second Extension Term (“ Second Extension Total Contract Price”). The total aggregate compensation amount under years one, two, three, four, and five of the Contract shall not exceed One Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590

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Agreement No: 10072B-3

Million Five Hundred Four Thousand Nine Hundred Twenty-Two Dollars ($1,504,922) without the approval of Stadium Manager.

3.3 Continuing Effect of Other Provisions. Except as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3. From and after the Effective Date of this Amendment No. 3, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]
Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590

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Agreement No: 10072B-3

SIGNATURE PAGE FOR AMENDMENT NO. 3 TO LEVI’S STADIUM ON-CALL

PLUMBING AND MECHANICAL MAINTENANCE AND REPAIR SERVICES

CONTRACT BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND O.C. MCDONALD CO., INC.

FORTY NINERS STADIUM MANAGEMENT

COMPANY LLC

Francine Hughes
EVP & General Manager

Date

O.C. MCDONALD CO., INC.

Matt McDonald
Senior Vice President

Date

Docusign Envelope ID: 0D76CF89-518D-44FC-81D1-3B5D32DE4590

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