HomeMy WebLinkAboutBadger Meter, Inc. First Amendment to Agreement - Bid 9546 - 11-16-23 �f c _'j
DocuSign Envelope ID:A3DE3CE4-4555-4CBA-B37F-AED57COA089B
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
November 16, , 2023 (Effective Date), amends the Agreement entered into by
and between the City of Fresno, a California municipal corporation (City), and Badger
Meter, Incorporated (Contractor).
RECITALS
A. WHEREAS, City and Contractor entered into an Agreement, dated May 1, 2020,
for Water Meters, Parts, and Software Technology (Bid No. 9546);
B. WHEREAS, in 2020, City Council approved an exception to formal bidding
procedures and awarded a Sole Source agreement to Badger Meter,
Incorporated, in the amount of$1,200,000 per year, for three years and up to two
one-year extensions, for a total contract amount of$6,000,000 (Citywide);
C. WHEREAS, due to increases in water meter installations, manufacturing costs,
long lead times, and end of life for the originally installed equipment, the total
contract amount has been exhausted with one and one-half years remaining;
D. WHEREAS, additional funds in the amount of$1,800,000 are necessary to carry
out the remaining one and a half years of the agreement; and
E. WHEREAS, City and Contractor desire to enter into this First Amendment to
modify the agreement to increase monetary consideration in the amount of
$1,800,000 for a total contract amount of$7,800,000 (Citywide).
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as follows:
1. The monetary consideration shall increase in the amount of$1,800,000 for a total
contract amount of$7,800,000 (Citywide);
2. Except as expressly modified by this Amendment, the Agreement remains in full
force and effect. In the event of any conflict between the Agreement and this
Amendment, this Amendment shall control. Furthermore, any terms or conditions
expressed within the Agreement which purport to modify the allocation of risk
between the parties, provided for within the body of this Amendment, shall be null
and void.
[SIGNATURES ON FOLLOWING PAGE]
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DocuSign Envelope ID:A3DE3CE4-4555-4CBA-B37F-AED57COA089B
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year set forth above.
CITY OF FRESNO, BADGER METER,
a California municipal corporation INCORPORATED
DvcuSigned by: Ovcuftned by:
By:
11/17/2023 By: �fe�, 10/25/2023
Bros oche, PE, PLS
Director of Public Utilities Name: .Kimberly K. Stoll
Title: Vice President—Sales & Marketing
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
ANDREW JANZ Pres. or Vice Pres.)
i7ocuSigncd by:
City Attorney x By: ��e.Y
10 26 zoz3
u5igned by: fQ1L�ne.f / /
By. k. wu 10/26/2023 CA9FCF53ZOC1475..
CO-394iffef"sV, Vharton
Date Name: Rachel J. Meyer
Deputy City Attorney
Title: Assistant Secrete /Pre oral Lead
ATTEST: (If corporation or LLC., CFO,Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City Clerk
O.—Signed by:
By: �
�� N, 11/17/2023
Deputy Date
Tina M. Your
Addresses:
CITY: CONTRACTOR:
City of Fresno BADGER METER, INCORPORATED
Attention: Ron Simons, Attention: Eric Foley,
Water System Supervisor National Account Manager
1910 E. University Ave. 4545 W Brown Deer Rd. P.O. Box
Fresno, CA 93703 245036
Phone: (559) 621-5333 Milwaukee, WI 53224-9536
FAX: (559) 457-1060 Phone: (360) 791-4401
FAX: (360) 236-0859
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