Agreement No:10050-B
AMENDMENT NO. 3
TO THE LEVI’S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR
CONTRACT
BETWEEN
THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
BEAR ELECTRICAL SOLUTIONS, INC.
1. Parties and Date.
This Amendment No. 3 to the Levi’s Stadiu m On-Call Electrical Maintenance and Repair Contract is made and entered into as of this 5th day of May, 2024, by and between the Forty Niners Stadium Management Company, LLC (“Stadium Mana ger”) and Bear Electric al Solutions, Inc., a California corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 (“Contractor”). Stadium Manager an d Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Contractor. The Stadium Manager and Contract or have entered in to an agreement entitled “Levi’s Stadium On-Call Electrical Maintenance and Repair Contract” (“Agreement”) for the purpose of retaining the services of Contractor to provide on-call stadium electrical maintenance and repair work.
2.2 Amendment Purpose. The Stadium Mana ger and Contractor desire to amend the Agreement to extend the term and increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Sections 3.3 and 3.7.1 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.3 of the Agreement is hereby amended in its entirety to read as follows:
3.3 Period of Performance and Liquidated Damage s. The term of this Contract shall commence on the date first se t forth above and expire on May 4, 2025, unless earlier terminated as provided herein. Contractor shall complete the Work within the term of this Contract, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnif ication provisions of this Contract shall remain in effect following the termination of this Contract. The Parties may, by mutual, written consent, further extend the term of this Contract for one (1) additional one (1) year period. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquida ted damages a fixed dollar amount per day for each and every calendar day of delay beyond any completion schedule, repair DocuSign Envelope ID: 99A71ED8-7619-4109-A113-9E8152A153CE Agreement No:10050-B
schedule or Project milestone s established pursuant to the Contract and any Task Order(s). The daily liquidated damages amount will be determined for each separate Task Order and will be set forth in that Task Order.
3.2 Amendment. Section 3.7.1 of the Agreement is hereby amended in its entirety to read as follows:
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive comp ensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G-1” attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under th is Contract by Stadium Manager to Contractor, in the aggregate, sha ll not exceed Five Hundred Thousand Dollars ($500,000) for the first year of the Contract term, Six Hundred Seventy Thousand Dollars ($670,000) for the second year of the Contract term, Two Hundred Fifty Thousand Dollars ($250,000) for the third year of the Contract term, and Three Hundr ed Fifty Thousand Dollars ($350,000) for the fourth year of the Contract term, without writte n approval of the Stadium Manager. The term for s ubsequent fiscal years shall be conditioned upon approval of the St adium Authority budget for the applicable fiscal year that includes the amounts due under this Contract.
3.3 Amendment. Exhibit “G” is hereby deleted in its entirety and replaced with Exhibit “G-1”, a copy of which is attached hereto and incorporated herein by this reference.
3.4 Continuing Effect of Agr eement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3.
3.5 Adequate Consideration. The Parties here to 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.
3.6 Severability. If any portion of this Ame ndment 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: 99A71ED8-7619-4109-A113-9E8152A153CE Agreement No:10050-B
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO LEVI’S STADIUM ON-CALL
ELECTRICAL MAINTENANCE AND REPAIR CONTRACT
BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC AND BEAR ELECTRICAL SOLUTIONS, INC.
FORTY NINERS STADIUM
MANAGEMENT COMPANY, LLC
Peter Wilhelm
Chief Financial Officer
Date
BEAR ELECTRICAL SOLUTIONS,
INC.
Andrew Bader
Chief Financial Officer
Date
DocuSign Envelope ID: 99A71ED8-7619-4109-A113-9E8152A153CE 4/14/2024
4/14/2024
Agreement No:10050-B
EXHIBIT “G-1”
RATE SCHEDULE FOR PERIOD 5/5/2024 THROUGH 5/4/2025
Billable Labor Rates Straight
Time/Week
day
Daily Saturday Sunday &
Holiday
A Journey Level:
1 COMM & S ystem Installer $123.84 $152.74 $152.74 $181.63 2 COMM & S ystem Tech $132.10 $166.15 $165.12 $201.24
3 Inside Wireman, Technicia n $187.82 $237.36 $237.36 $283.80 4 Cable Splice r $201.24 $258.00 $258.00 $314.76
5 Material Handle r $104.23 $129.00 $129.00 $149.64
6 Material Handler – Fourth Six
Months $97.01 $118.68 $118.68 $139.32
7 Material Handler – Third Six Months $92.88 $110.42 $110.42 $129.00 8 Material Handler – Second Six
Months $87.72 $103.20 $103.20 $118.68
9 Material Handler – First Six Months $65.02 $79.46 $79.46 $93.91 B Apprentice Level:
1 Electrician, Inside Wireman – 5 th
period $140.35 $203.30 $203.30 $203.30
2 Electrician, Inside Wireman – 6 th
period $146.54 $213.62 $213.62 $213.62
3 Electrician, Inside Wireman – 7 th
period $152.74 $224.98 $224.98 $224.98
4 Electrician, Inside Wireman – 8 th
period $159.96 $236.33 $236.33 $236.33
5 Electrician, Inside Wireman – 9 th
period $165.12 $247.68 $247.68 $247.68
6 Electrician, Inside Wireman – 10 th
period $172.34 $258.00 $258.00 $258.00
C Materials & Consumables Mark-Up from Actual Cost to Contractor is 10% D Equipment Rentals Mark-Up from Actual Cost to Contractor is 10%
1. Materials and Consumables
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are “minor” materials actually “consumed” during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor’s “cost” (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc.
DocuSign Envelope ID: 99A71ED8-7619-4109-A113-9E8152A153CE Agreement No:10050-B
b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Proposer paid for said materials.
c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.
2. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor’s actual invoice cost for that equipment, plus an agreed upon mark-up percentage.
b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor’s overall Overhead and Profit mark-up, which is a component of the Contractor’s billable hourly rates described above.
3. Permit Fees
a. All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.
DocuSign Envelope ID: 99A71ED8-7619-4109-A113-9E8152A153CE