HomeMy WebLinkAboutAQUA-METRIC SALES COMPANY (THIRKETTLE CORPORATION)INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CITY CLERK
DATE: JUL 15 1014
A-2024-100
0 jW A Cz7 � FIRST AMENDMENT TO AGREEMENT WITH TBIRI KETTLE CORPORATION DBA
CLe`f L,pjgo AQUA -METRIC SALES COMPANY
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 16, 2024,
by and between Thirkettle Corporation, doing business as Aqua -Metric Sales Company
("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On November 17, 2020, the parties entered into Agreement No. A-2020-231
("Agreement") to provide and install a fully functioning Advanced Metering Infrastructure
(AMI)/ Meter Data Management (MDM) system, and related software and services. The
total compensation under the Agreement was $29,683,229.61, which included $1.5 million as a
contingency fund.
B. During the course of the Agreement, the age and condition of the City's water system
infrastructure has resulted in additional expenses beyond the anticipated scope of the
original Agreement, requiring additional funds.
C. The parties now wish to amend the Compensation section in the Agreement to increase the
total compensation under the Agreement by $6,000,000, including replenishment of the
contingency fund ($1.5 million). No other changes are contemplated by this First
Amendment.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to read as follows:
City agrees to pay, and Contractor agrees to accept as total payment for its services for
City, the rates and charges identified in Parts, Material & Pricing - Appendix A. The
total amount to be expended under this Agreement, including any contingency funds, shall
not exceed $35,683,229.61 during the term of this Agreement, including any extension
periods exercised under Section 3.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:
KyF&Ncllesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director rPublic Works Agency
CITY OF S TA AN
ALVARO Ni.JNEZ
Acting City Manager
CONTRACTOR
Tommy Thirkettle
President/CEO
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