Ebix Insurance No. S200004390
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
PERFORMANCE MECHANICAL, INC.
PREAMBLE
This agreement ("Amendment No. 1") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City), and Performance Mechanical, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Performance Mechanical, Inc.", dated September 16, 2021 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide as-needed Boilermaker/Pipefitter and Welding Services when requested by City, and the Parties now wish to amend the Agreement to amend terms associated with work authorization, warranty, and payment.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 3.2.5 of Exhibit A of the Agreement, is amended to read as follows:
"Except for specialized materials and equipment and subject to written authorization by City through the work authorization process in this Section, City shall not be required to pay a deposit or any other form of pre-payment prior to the Contractor beginning work."
2. Section 3.7 of Exhibit A of the Agreement, is amended to read as follows:
"All submitted pricing shall be in accordance with the rates authorized in this Agreement. Quotes shall be submitted with sufficient detail to permit City to verify that the rates in this Agreement are as quoted." Amendment No. 1 to Agreement/Performance Mechanical, Inc.
Rev. 10/25/19
3. Section 1 O shall be added to Exhibit A of the Agreement to read as follows:
"10. WARRANTY
10.1 Manufacturer's warranty shall apply to all parts.
10.2 Parts fabricated by Contractor shall have a warranty equal to or greater than manufacturer's warranty for similar parts.
10.3 Labor shall be warranted for at least twelve (12) months from the date of acceptance.
10.4 Contractor shall correct any deficiencies and/or errors in Contractor's work discovered during the warranty period, at no cost to the City."
4. Section 3.3.2 of Exhibit B of the Agreement, is amended to read as follows:
"The cost of subcontractor services associated with services provided under a Work Authorization or rental of any specialized equipment to the extent City has preapproved, in writing, the use of such subcontractor or the cost of such rental."
5. Section 3.4 of Exhibit B of the Agreement, is amended to read as follows:
"City will compensate reimbursable expenses at actual cost plus up to 15% markup for subcontractors and up to 10% markup for materials and third-party rentals."
6. Section 4.2 of Exhibit B of the Agreement is amended to read as follows:
"Each invoice shall include the task costs for the previous month and shall include sufficient detail for the City to verify that the rates in this Agreement were charged."
7. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control. [SIGNATURES ON FOLLOWING PAGE]
Amendment No. 1 to AgreemenUPerformance Mechanical, Inc Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: ; /
Gi2-A«C: Daniel Ballin (Jan 4, 2023 20:00 PSTI 1 Ci nager Office of the City Attorney
City of Santa Clara
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
PERFORMANCE MECHANICAL, INC.
a California corporation
Dated:~t/ 2-0z:3
By (Signature):W
Name: ChristlGugliem
Title: Estimating Manager
Principal Place of 701 Willow Pass Road, Suite 2
Business Address: Pittsburg, CA 94565
Email Address: [email protected]
Telephone: (925) 432-4080
Fax: (925) 432-4141
"CONTRACTOR"
Amendment No. 1 to AgreemenUPerformance Mechanical, Inc Rev. 10/25/2019
RUSH: PMIAmendmentNo1 BoilermakerMaster
FINAL-PMI Signed-1.4.23
Final Audit Report 2023-01-05
Created:
By:
Status:
Transaction ID:
2023-01-05
Ahcomb Hardwick ([email protected])
Signed
CBJCH BCAABAAGC0weqqi7VD5qv5EQaMb 1 bn 1 VAQnL-58
"RUSH: PMIAmendmentNo1 _BoilermakerMasterFINAL-PMI Sig
ned-1.4.23" History
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