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AGR-7421.1 - PAINTING & DECOR INCFIRST AMENDMENT TO CONTRACT Orange Library Interior Facility Rehabilitation (Bid No.22-23.08; SP-4231)] THIS FIRST AMENDMENT TO CONTRACT(the"First Amendment to Contract") is made and entered into as of ahuary b , 2023 ("Effective Date")by and between the CITY OF ORANGE, a municipal corporation ("City"), and PAINTING & DECOR INC., a California corporation("Contractor"), with reference to the following. A. City and Contractor entered into a Contract (Agreement No. 7421) dated October 11, 2022 which is incorporated herein by this reference (the "Original Contract"); and B. City and Contractor desire to modify,amend and supplement certain portions of the Original Contract by revising the Scope of Work and increasing the compensation. NOW,THEREFORE,the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract. Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Original Contract, as implemented by this First Amendment. Section 3. Revised Work Performed. The Contractor's Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include Contract Change Orders approved by the City. Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) and Sections 3.a and 3.c are hereby amended in their entirety to read as follows: a. Contractor agrees to receive and accept an amount not to exceed SEVEN HUNDRED SIXTY-SEVEN THOUSAND NINE HUNDRED DOLLARS and 00/100 ($767,900.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4)all expenses incurred by or in consequence of the suspension or discontinuance of the Work;and(5)well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention." c. The total amount of compensation under this Contract, including contingencies, shall not exceed EIGHT HUNDRED SEVENTY-EIGHT THOUSAND FIVE HUNDRED EIGHT-FIVE DOLLARS and 00/100 878,585.00)." Section 5. Authority of City Manager. Pursuant to Section 3.08.560 of the Orange Municipal Code, the City Manager is authorized to approve and execute amendments to the Contract to adjust the compensation as provided herein. Section 6. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the,terms and provisions of the Original Contract,the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties. Remainder of page intentionally left blank; signatures on next page] 2 IN WITNESS of this Contract,the parties enter into this Contract on the year and day first above written. CONTRACTOR" CITY" PAINTING&DECOR INC, a California CITY OF ORANGE, a municipal corporation corporation AelBy: rr" By: Thomas C.Kisela,Interim City Manager Printed Name: pIl1X1 M i''. r Title: PIT,516 l By: APPROVED AS TO FORM: Printed Name:S.DAnn lai,AchmeAc Title: Sea daill A Mary E. IA inning Senior Assistant City Atto NOTE:If CONTRACTOR is a corporation, the City requires the following signature(s): 1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.