FIRST AMENDMENT
TO
CONTRACT
[Soft Starters Replacement for Wells 23 and 24]
THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment to Contract”) is made and entered into as of ___ _______________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and TESS ELECTRIC INC., a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7451) dated December 13, 2022, which is incorporated herein by this reference (the “Original Contract”); and
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 imp lemented by this First Amendment.
Section 3. Work Performed. The Contractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the work described in Exhibit “A,” attached hereto and incorporated herein.
Section 4. Compensation. Article 3 of the Original Contract is hereby amended to increase the total not -to-exceed compensation for the ser vices 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 t he 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 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.
“CONTRACTOR” “CITY”
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 on e 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. √
3 EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
1 Tess Electric Inc.
12142 Severn Way, Riverside, Ca 92503
Phone 951-427-1735
From: Gregory Beebe Lic. 1057586 [email protected]
Sales tax is additional if applicable. Prices are good for 30 days, subject to change without notice. Please note that this is not an offer to contract, but merely a quotation of current prices for your convenience and information. Orders based on this quotation are subject to our acceptance on the terms and conditions stated in our written acknowledgement of order. We make no representations with respect to compliance with job specifications.
Quote Number# 0000163
February 16, 2023
To: Rick Pearson, City of Orange
[email protected]
Project: 350HP, 460V, Soft Starter Retrofit for Well 24
Tess Electric is pleased to offer the following quote to supply and install a Weg SSW900 series soft starter into the existing A/B MCC section. The existing A/B SMC controller will be removed. The new starter is rated for 412 amps @ 460V and the existing control logic will be modified to work with the unit. The soft starter has the shunting contactor built into the device. The soft starter’s HMI Keypad will be mounted onto the door front for easy access and motor reads. The unit will be programmed as required.
Currently the soft starter is 6-8 weeks out.
Total Cost ........................................................................................................................................................... $ 13,849.00 Sales tax and inbound freight charges are included.
EXCLUSIONS:
1) Permits.
2) Performance Bonds.
All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, and other necessary insurance. Our workers are fully covered by Workmen’s Compensation Insurance. Quote valid for 15 days. This quote is for a prevailing wage project and all employees of Tess Electric employees shall receive the set prevailing wage compensation per DIR standards.