25D - UNDERGOUND FUEL TANK - Laserfiche WebLink

Home Browse Search

AMENDMENT TO AGREEMENT THIS AMENDMENT, made and entered into this 6~' day of July, 2009, by and between Pacific Systems Electric ("Contractor") and the City of Santa Ana ("City"), collectively referred to herein as "the Parties". RECITALS: A. The Parties entered into Agreement #N-2008-108, dated August 18, 2008, hereinafter referred to as "said Agreement", for inspection and preventive maintenance of underground fuel storage tanks. B. During the term of said Agreement, Contractor performed Secondary Containment Testing of the underground tanks, as required by the state. That testing revealed necessary repairs for several of the tanks. The parties wish to amend said Agreement to provide compensation for the required testing and repairs which were not included in the scope of said Agreement. C. The Parties wish to continue the inspection program for an additional one-year term and provide funds should repairs be required during that term. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: Section 1, ``Scope of Services", is deleted in its entirety and replaced with the following: "a. Contractor shall perform annual compliance testing and repair/replacement services for the City's Underground Storage Tanks, as set forth in Contractor's Proposal dated June 10, 2009, attached hereto as Exhibit A, and incorporated by reference. If such testing reveals that repairs are required to any UST, said repairs may be authorized, in writing, by the Executive Director of Finance and Management Services. b. Contractor has performed Secondary Containment Testing, and provided required repairs as set forth in Contractor's letter dated April 23, 2009, attached hereto as Exhibit B, and incorporated by reference. City authorized such testing prior to the provision of services and hereby authorizes payment for those services." Section 2.a, "Compensation", is deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its annual compliance testing and repair/ replacement services, the rates and charges identified in Exhibit A. The maximum amount available for annual compliance testing and repairs shall not exceed $20,000.00, to continue the monthly and annual inspections through August 31, 2010, and provide a contingency for unanticipated repairs required during the extended term. Additionally, City authorizes payment of $25,000.00 for Secondary Containment Testing and repairs which were completed in the 2008-09 fiscal year, as set forth in Exhibit B." 3. Section 3, TERM, shall be amended to extend the term for an additional one-year period, through August 31, 2010. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. /// /// 25D-3