Amendment 1 to
Reimbursement Agreement
THIS AMENDMENT 1 is made and entered into this _____ day of __________________, 20___ (“Effective Date”), by and between the CITY OF BURBANK, a municipal corporation, hereinafter designated "City", and KRISMAR CONSTRUCTION CO. INC., a California corporation, hereinafter designated "Contractor" (collectively, the “Parties”).
RECITALS
I. Contractor and City entered into a certain REIMBURSEMENT AGREEMENT on or about August 10, 2021, to construct, at City’s cost and expense, specific traffic signal modifications and pedestrian crossing improvements at the pedestrian crossing of the State Route 134 westbound onramp along the north side of Riverside Drive west of Buena Vista Street, and an upgraded pedestrian ramp at the northeast corner of the intersection. These improvements were constructed as part of other roadway improvements related to development of Planned Development No. 96-1 at the Buena Vista Street / State Route 134 Ramps and Riverside Drive Intersection under Caltrans Permit No. 07-20-NSN-2901.
II. As part of constructing the improvements, certain pedestrian improvements at the northeast corner of the intersection could not be constructed in accordance with the original plans due to unforeseen conditions encountered in the field during construction.
III. In order to address these unforeseen conditions, the construction of the improvements was modified, which incurred additional costs. A further cost was incurred to secure required performance bonds for the project that were not included in the original cost. These additional costs were partially offset by a reduced cost incurred for striping improvements.
IV. Ci ty and Contractor now agree to adjust the total compensation for the Reimbursement Agreement to account for these changes and permit the City to compensate Contractor for the updated costs of constructing the improvements.
The Parties hereto mutually agree as follows:
AMENDMENTS
1. AMENDMENT TO CONTRACT PRICE
A. Section 1.B of the Reimbursement Agreement is amended as follows:
“The total compensation (including but not limited to all fees, expenses, reimbursements, or other costs) payable by the City to the Contractor under this Agreement shall not exceed the sum of $159,837 (“Contract Price”), as further described in EXHIBIT B-1, attached and incorporated herein.”
B. Full Agreement. This AMENDMENT 1, together with the original R EIMBURSEMENT AGREEMENT, will constitute the full agreement between the City and Contractor. Any changes to this Agreement shall be completed in writing, signed by authorized representatives of both Parties.
[Signatures on following page]
ATTACHMENT 1-1
IN WITNESS WHEREOF, the Parties hereto have executed this instrument in duplicate on the day and year first above written.
CITY OF BURBANK, a municipal corporation
By
City Manager
KRISMAR CONSTRUCTON CO. INC., a California corporation
ATTEST:
____________________________ By
City Clerk Signature and Title
By
Signature and Title
Approved as to form:
Office of the City Attorney
Date:
By:
Title:
ATTACHMENT 1-2
EXHIBIT B-1
AMENDED CONTRACTOR’S QUOTATION SHEET
1. Said price shall include and cover the cost to provide all materials, equipment, labor and supervision for the work within the Buena Vista St / State Route 134 Ramps and Riverside Drive Pedestrian Improvements Project, as identified in these Quotation Documents and the Agreement. The cost shall be comprehensive in nature and include all requisite labor, materials, and equipment, hauling, dumping, dump fees, field coordination with Public Works Department , and its representatives, supervision, overhead, profit, taxes, and to provide all other means required to fully complete this contract, except as otherwise specifically provided in the drawings and specifications.
ITEM
NO. DESCRIPTION UOM EST.
QTY UNIT PRICE TOTAL
1 Install Traffic Signal Poles I & J LS $78,000
2 Furnish Traffic Signal Poles I & J LS 6,848
3 Furnish and Install 3 LED Streetlight
Heads LS 2,520
4 Modify NE Pedestrian Ramp to Meet
ADA Requirements LS 44,367
61,620
5 Intersection Striping LS 8,300
4,858
6 Construction Bond LS 2,857
7 Administrative Fee % 2 2,801
3,134
TOTAL $142,836
$159,837
Note: Strikethrough text is original price, underlined text is new price or line item
A. REVISED TOTAL SUM BID (Items 1 - 6) $ One Hundred Fifty-Nine, Eight Hundred Thirty-Seven ($159,837)
to perform and complete all the work and secure all approvals in accordance with the Construction Documents and other requirements of this RFQ.
B. CALENDAR DAYS 120 Total consecutive calendar days from and including the date of the City’s Notice to Proceed (NTP) through final inspection, acceptance, and project close-out.
2. A licensed contractor shall not submit a quotation to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the quotation contains a statement that the representations made therein are made under penalty of perjury. Any quotation not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency.
State Contractor's License No. 290899 Class B have been issued to the undersigned bidder. This/these license(s) and certification(s) has/have not been revoked or suspended and is/are in full force and effect and authorizes the undersigned Bidder to perform the work under these Contract Documents.
Expiration date of license(s) and certifications.
Public Works Contractor (PWC) Registration No. _________________________ ATTACHMENT 1-3
ATTACHMENT 1-4
AFFIDAVIT TO ACCOMPANY ALL QUOTATIONS AND TO BE
EXECUTED BY THE PERSONS DULY AUTHORIZED TO SUBMIT THE QUOTATION
STATE OF CALIFORNIA )
: SS INDIVIDUAL AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the party making the foregoing quotation or bid, that such bid is genuine and not collusive or sham; that he has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such bid depository.
__________________________________________________
STATE OF CALIFORNIA )
: SS PARTNERSHIP AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is a member of the co-partnership designated as _________________________ ___________________________________________________________________________________ which is that party making the foregoing quotation or bid; that such bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for himself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept from or through such bid depository.
That he has been duly vested with authority to make and sign the foregoing Bidder's Quotation for the co- partnership by ______________________________________________________ who constitute the other members of the co-partnership.
_____________________________________
SUBSCRIBED and SWORN to before me this ____ day ___________________, 20___
My commission expires:
__________________________________
Notary Public in and for the said
County/State
(Seal)
STATE OF CALIFORNIA )
ATTACHMENT 1-5
: SS CORPORATION AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the __________________________________________________________ (Title) of _____________________________________________________________ (Name) a corporation, which is the party making the foregoing quotation or bid; that such a bid is genuine and not collusive or sham; that said bidder has not conspired or agreed, directly or indirectly, that another person refrain from bidding, nor by such means sought to secure any advantage for itself or for any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities or accept from or through such depository.
That he is duly authorized to execute the foregoing Bid Quotation on behalf of said corporation and that such corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors.
_____________________________________
STATE OF CALIFORNIA )
: SS JOINT VENTURE AFFIDAVIT
COUNTY OF LOS ANGELES )
_____________________________________________________________ being first duly sworn, deposes and says:
That he is the __________________________________________________________ (Title) of _____________________________________________________________ (Name) one of the partners submitting the foregoing bid as a Joint Venture and that he is duly vested with the authority to make and sign the said bid and on behalf of the parties making said bid, who are . That such a bid is genuine and not collusive or sham; that said parties have not conspired or agreed, directly or indirectly, that another party refrain from bidding, nor by such means sought to secure any advantage for himself said Joint Ventures or any other party; that said bidder has not accepted any bid from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository.
_____________________________________
SUBSCRIBED and SWORN to before me this ____ day ___________________, 20___
My commission expires:
__________________________________
Notary Public in and for the said
County/State
(Seal)
ATTACHMENT 1-6
ATTACHMENT 1-7