FIRST AMENDMENT
TO
CONTRACT
[Annual Slurry Seal at Various Locations (Bid No. 21-22.35; SP-4211)]
THIS FIRST AMENDMENT TO CONTRACT (the “First Amendment”) is made and entered into as of ___ ___________, 20 23 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and AMERICAN ASPHALT SOUTH , INC. , a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract ( Agreement No. 7378) dated July 18, 2022, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor desire 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. Revised Work Performed . The Co ntractor’s Proposal as referenced in Article 1 of the Original Contract, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Term. Pursuant to Article 2 of the Original Contract, the City hereby extends the time for completion of the Work until November 5, 2022.
Section 5. 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 FIFTY-ONE THOUSAND EIGHT HUNDRED FORTY -EIGHT DOLLARS and 60/100 ($51,848.60) and Sections 3.a and 3.c are hereby amended in their entirety to read as follows:
“a. Contractor agrees to receive and accept an amount not to exceed FIVE
HUNDRED SIXTY-SIX THOUSAND EIGHT HUNDRED NINE DOLLARS
AND 60/100 ($566,809.60) as compensation for furnishing all materials and doing all the Work con templated 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 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.”
“c. The total amount of compensation under this Contract, including contingencies, shall not exceed SIX HUNDRED EIGHTEEN THOUSAND THREE HUNDRED FIVE DOLLARS and 00/60 ($618,305.60).”
Section 6. Integration. This First Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Contract, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
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IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
AMERICAN ASPHALT SOUTH, INC., CITY OF ORANGE, a municipal corporation a California corporation
By:
*By: Daniel R. Slater, Mayor
Printed Name:
Title:
ATTEST:
*By:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
PROJECT:
PROJECT NO:
CONTRACTOR: Date: 1/11/2023
DESCRIPTION UNIT UNIT ORIGINAL ORIGINAL FINAL QUANTITY Increase / (Decrease) NO. OF WORK PRICE DESCRIPTION QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 Traffic Control 75,000.00$ LS 1 75,000.00$ 1 75,000.00$ 0 -$ 2 Cold Mill Asphalt Concrete (2.5"
Minimum) for Pavement Repair Prior to
Slurry 24.20$ SY 1,000 24,200.00 $ 748 18,101.60 $ (252) (6,098.40)$ 3 Asphalt Concrete for Paving Repairs
Prior to Slurry 187.00$ Ton 140 26,180.00 $ 114 21,318.00 $ (26) (4,862.00)$ 4 Type II Polymer Modified Emulsion
RAP Slurry Seal (PME-RAP) 389.45$ ELT 920 358,294.00 $ 1,192 464,224.40 $ 272 105,930.40 $ 5 Verify, Inventory, and Re-Install All
Roadway Traffic Signing and Striping,
Raised Pavement Markers (RPM's) and
Pavement Markings (Legends) 21,937.00$ LS 1 21,937.00 $ 1 21,937.00 $ 0 - $ 6 Remove and Replace Water Valve
Concrete Collars per OWD-101 935.00$ EA 10 9,350.00 $ 10 9,350.00 $ 0 - $ Total Contract Items: 514,961.00 $ 609,931.00 $ $ 94,970.00 Contract Change Order
1 Re-Crack Seal of Meadowbrook 3,000.00$ LS 1 3,000.00$ 1 3,000.00$ 0 3,000.00$ 2 Additional R&R of Striping on Malena
and Briarwood 5,374.60$ LS 1 5,374.60 $ 1 5,374.60 $ 0 5,374.60 $ 8,374.60$ 8,374.60 $ 8,374.60 $ PROJECT TOTAL: 523,335.60 $ $618,305.60 103,344.60 $ Original Contract Amount: 514,961.00$ Original Contract Time: 60 New Contract Amount Including
Contract Change Orders: 618,305.60$ Original Agrement Date: 6/14/2022 Change from Original Contract
Amount in Percentage: 20.1% Original Completion Date: 11/5/2022 Revised Completion Date:
Approved:
Division Manager
Approved:
Public Works Director
Approved:
Acceptance Date: Contractor:
By: Title:
City Attorney City Manager (If Applicable)
The compensation (time and cost) set forth in this Change Order constitutes the total compensation due to the Contractor, all Subcontractors, and all suppliers, for the work or change defined in this Change Order, including all impacts on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees, on behalf of himself, all Subcontractors, and all suppliers, that the stipulated compensation includes payment for all work contained in this Change Order, plus all payment for the interruption of schedules, extended overhead costs, delays, and all impacts, ripple effects or cumulative impacts on all other work under this Contract. The signing of this Change Order shall indicate that the Change Order constitutes a full mutual accord and satisfaction for the change and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all suppliers, as a result of the change. The Contractor, on behalf of himself, all Subcontractors, and suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the work under this Contract.
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment, including all overhead and bonds. Therefore the prices are shown above.
If the Contractor does not signify acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the order work and filing a written protest within the time therein specified.
Approved as to form:
FINAL CONTRACT CHANGE ORDER
SP-4211 Annual Slurry Project FY 2021-22
Bid No. 21-22.35
American Asphalt South, Inc.
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
NOTE: This change order is not effective until approved by the City
Description of work to be done, an estimate of quantities, and prices to be paid. Segregate between additional work at the contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
The following work is added or deleted, as applicable, from the contract as a change order in accordance with the provisions of Section 3 of the contract specifications. The method of payment shall be as described for each item of this change order.
Date of City Council Approval for
FCCO(If Applicable)
Change requested by:
Project Manager
Approved:
City Engineer
2/14/2023