AGR-7447.1 - R JENSEN COMPANY INCFIRST AMENDMENT
TO
CONTRACT
Transition to Continuum of Care Phase II Modular Trailer Relocation]
THIS FIRST AMENDMENT TO CONTRACT (the First Amendment to Contract") is
made and entered into as off_ /8 '= , 2023 ("Effective Date")by and between the CITY
OF ORANGE, a municipal corporation ("City"), and R. JENSEN CO., INC., a California
corporation("Contractor"),with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7447) dated as of
November 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 revising the scope of services 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, "Work Performed," is hereby amended, modified and
supplemented to include the additional modular trailer ramp and landing services described on
Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Term. Article 2 of the Original Contract, "Commencement of Work," is
hereby revised to extend the completion date for the Work until January 6, 2023.
Section 5. Compensation. Article 3 of the Original Contract, "Compensation," is
hereby amended to increase the total not-to-exceed compensation for the services to be rendered
by TEN THOUSAND DOLLARS and 00/100 ($10,000.00) and Articles 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
EIGHTY-FIVE THOUSAND NINE HUNDRED TWENTY DOLLARS and
00/100 ($85,920.00) as compensation for furnishing all materials and doing all
he Work contemplated and embraced In this Contract.act. 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 Aithorized 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 NINETY-SEVEN THOUSAND THREE
HUNDRED EIGHT DOLLARS and 00/100 ($97,308.00)."
Section 6. 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 7. 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.
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IN WITNESS of this Contract,the parties enter into this Contract on the year and day first
above written.
CONTRACTOR" CITY"
R. JENSEN CO.,INC., a California corporation ' CITY OF ORANGE, a municipal corporation
By: By:
Printed Na . TCJv's . eNs6 Thomas C. isela, Interim City Manager
Title: r.r;
By: APPROVED AS TO FORM:
Printed Name:
Title: C
tit
Mary E. B ping
Senior Assistant City Atto y
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 coporate 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.
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