CITY OF SIGNAL HILL
FIRST AMENDMENT TO
AGREEMENT FOR CONSTRUCTION SERVICES
Parties and Date.
This First Amendment to the Agreement for Construction and Demolition Services (“First Amendment”) is entered into on the 26th day of July, 2022, by and between the City of Signal Hill, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 2175 Cherry Avenue Signal Hill, CA 90755 (“City”) and Green Giant Landscape, Inc.,, a California Corporation with its principal place of business at 941-A Macy Street La Habra, CA 90631 ( “Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.” Recitals.
Agreement. The Parties entered into that certain Agreement for Construction Services dated October 12, 2021 (“Agreement”).
First Amendment. The Parties now desire to amend the Agreement in order to set a ten percent (10%) project contingency in the amount of $34,092.00 for a total contract authority of $375,014.00 and a 180-day non-compensable extension.
Terms.
TIME FOR COMPLETION. Article 2 of the Agreement is hereby amended in its entirety to read as follows:
The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within sixty (60) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. City may extend time for completion for up to 180 days.
CONTRACT PRICE. Article 3 of the Agreement is hereby amended in its entirety to read as follows:
City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Forty Thousand Nine Hundred Twenty-Two Dollars ($340,922). Payment shall be made as set forth in the General Conditions. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The new total compensation including any authorized contingency shall not exceed THREE HUNDRED SEVENTY-FIVE THOUSAND FOURTEEN DOLLARS ($375,014.00) without written approval of the City Council or City Manager as applicable.
CHANGE ORDERS. Article 9 is hereby added to the agreement.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes to the work by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum (as defined below), and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order(s)"). All Change Orders must be signed by the Contractor and Project Manager (or his or her designee) prior to commencing the extra work thereunder.
Any increase in compensation of up to ten percent (I0%) of the Contract Sum; or any increase in the time to perform of up to one hundred eighty (180) days may be approved by the Project Manager, provided that such increase does not materially affect the work in a detrimental manner or materially and detrimentally affect the interest of the City. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c ) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor's Bid. If the rates in the Contractor's Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and the Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows:
REMAINING PROVISIONS OF AGREEMENT.
Except as otherwise specifically set forth in this first amendment, the remaining provisions of the agreement shall remain in full force and effect.
CITY OF SIGNAL HILL
[INSERT NAME]
By:
Scott Charney
Deputy City Manager
By:
Donald L. Henderson
President
[If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] ATTEST:
By:
Carmen R. Brooks
City Clerk
By:
Rosie Toledo
Secretary
APPROVED AS TO FORM:
By:
Matthew E. Richardson
City Attorney