AGR-7451.1 - TESS ELECTRIC INCFIRST AMENDMENT
TO
CONTRACT
[Soft Starters Replacement for Wells 23 and 24]
THIS FIRST AMENDMENT TO CONTRACT (First Amendment to Contract
made and entered into as of __________________, 2023
and TESS ELECTRIC INC., a California
corporation with reference to the following.
A.City and Contractor entered into a Contract (Agreement No. 7451) dated December
13, 2022, which
B.City and Contractor desire to amend the Original Contract 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.Work Performed as referenced in Article 1 of
the Original Contract, is hereby amended, modified and supplemented to include the work
.
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 THIRTEEN
THOUSAND EIGHT HUNDRED FORTY-NINE DOLLARS and 00/100 ($13,849.00) and
Sections 3.a is hereby amended in their entirety to read as follows:
a.Contractor agrees to receive and accept an amount not to exceed FORTY-
NINE THOUSAND THREE HUNDRED EIGHTY-ONE DOLLARS and
00/100 ($49,381.00) 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
March 28
AGR-7451.1
2
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.
Section 5.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.
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first
above written.
TESS ELECTRIC, INC., a California CITY OF ORANGE, a municipal corporation
corporation
*By:By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By:ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, City Attorney
*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.
Michael Beebe
President
For
Deputy
3
SCOPE OF SERVICES
[Beneath this sheet.]