C A L I F O R N I A
C O N S T R U C T I O N C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 02/2020
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT (“Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and BRANNON CORPORATION (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Construction Contract dated June 17, 2022 (“Contract”) for the purpose of retaining the services of Contractor to provide construction of the Point Emery Shoreline Protection Project, Project No. 18101, CIP No. 16475021; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to FEBRUARY 1, 2023.
DocuSign Envelope ID: C565A770-A1C4-43C3-AAAC-BB12756D930A City of Emeryville | Construction Contract Amendment
REV 02/2020
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by FIFTY THREE THOUSAND TWO
HUNDRED AND THIRTY NINE DOLLARS AND NO CENTS
($53,239.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed EIGHT HUNDRED AND SEVENTY FOUR THOUSAND AND THIRTY NINE DOLLARS AND NO CENTS ($874,039.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: C565A770-A1C4-43C3-AAAC-BB12756D930A City of Emeryville | Construction Contract Amendment
REV 02/2020
6. SIGNATURE PAGE TO CONSTRUCTION CONTRACT
FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: BRANNON CORPORATION
(Signature)
Paul Brannon, Owner
DocuSign Envelope ID: C565A770-A1C4-43C3-AAAC-BB12756D930A 12/14/2022
EXHIBIT A-1
BRANNON CORPORATION INCREASE IN CONTRACT QUANTITY
The quantity of rock rip-rap material installed to construct the revetment to the designed line and grade exceeded the design bid quantity estimate and therefore a First Amendment to the contract in the amount of $53,239 is necessary to pay the cost of the additional rock material, its delivery, and the work to place it.
In accordance with Section 9 of the Standard Specifications:
Item 5, Filter Layer Rock: Increase contract item quantity from 500 tons to 736.03 tons.
Item 6, Slope Revetment Protection: Increase item quantity from 3500 tons to 3713.67 tons.
DocuSign Envelope ID: C565A770-A1C4-43C3-AAAC-BB12756D930A