AGREEMENT —AMENDMENT NO. 3 TO
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ANDERSON PACIFIC ENGINEERING, CONSTRUCTION, INC East Lake Street Emergency Repair Work
This Amendment No. 3 to the Agreement for professional Services (the “Amendment”) is entered into this 22th day of March 2022, by and between the City of Salinas (the “City”) and Anderson Pacific Engineering, Construction, Inc. (the “Contractor”) City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties”.
RECITALS
WHEREAS, the City and Contractor first entered into an Agreement for Professional Services effective April 28, 2021, pursuant to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Contractor amended the Agreement on June 11, 2021 to reflect a term extension to December 31, 2021; and WHEREAS, the City and Contractor amended the Agreement on December 14, 2021 to reflect an increase in compensation of (two million six hundred and fifty thousand dollars) $2.65 million and a term extension to February 28, 2022; and WHEREAS, the City and Contractor desire to amend the Agreement to reflect an increase in compensation of (one million one hundred thousand dollars) $1.1 million; and WHEREAS, the City and Contractor desire to amend the Agreement to reflect a term extension to June 30, 2022.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
The Agreement, 4. Payment section, is amended and restated in its entirety as follows:
Payment. City agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement the total sum of Four Million Six Hundred Sixty-seven Thousand Three Hundred and Sixty-two Dollars ($4,667,362). Of which Two Hundred Fifty-five Thousand One Hundred and Eleven Dollars $255,111 shall be paid on a fixed not to exceed basis for AC Paving restoration work more fully described in Contractor proposal, Attachment D and the balance of Four Million Four Hundred Twelve Thousand Two Hundred and Fifty-one Dollars $4,412,251, on a time and material not to exceed basis, according to hourly rates and materials and as summarized on Daily Extra Work Reports furnished during execution, as more fully described in Contractors fee schedule, Attachment D.
The Agreement, 3. Term section, is amended and restated in its entirety as follows:
Term. The work under this Agreement shall commence May 3, 2021 and shall be completed by June 30, 2022 unless City grants a written extension of time as set forth in Section 2 above.
All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Steve Carrigan, City Manager
APPROVED AS TO FORM:
___________________________________
□ Chris Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
ANDERSON PACIFIC ENGINEERING, CONSTRUCTION, INC
____________________________________
Printed name: ________________________
Title: ________________________________
Version: January 2021