AGR-7378.1 - AMERICAN ASPHALT SOUTH INCDocuSign Envelope ID:474C5346-E00D-4498-9DB4-F3AD357D7375 DS
AGR 7378.1
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 February 14 , 2023 ("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 Contractor'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 contemplated 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
DocuSign Envelope ID:474C5346-E00D-4498-9DB4-F3AD357D7375
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.
Remainder of page intentionally left blank; signatures on next page]
DocuSign Envelope ID:474C5346-E00D-4498-9DB4-F3AD357D7375
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 DocuSigned by:
DocuSigned by: poLit,t, , s _j_i
Pithi By:
By: DB34C1o93A9245B... Daniel R. Slater, Mayor
Printed Name: Jeff Petty
Title: President
i—DocuSigned by:
ATTEST:
fi w
sy: `_
yp
DocuSigned by:
vim : 1 im GriffinPrintedName:
secretaryry DB2AED BABGG^3
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
07BC182A26A1451...
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.
DocuSign Envelope ID:474C5346-E00D-4498-9DB4-F3AD357D7375
EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
Behind this page.]
DocuSign Envelope ID:474C5346-E0OD-4498-9DB4-F3AD357D7375
City of
Orange
Public Works Department
FINAL CONTRACT CHANGE ORDER
PROJECT: SP-421I Annual Slurry Project FY 2021-22
PROJECT NO: Bid No.21-22.35
CONTRACTOR: American Asphalt South,Inc. Date: 1/11/2023
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.
DESCRIPTION UNIT UNIT ORIGINAL ORIGINAL FINAL QUANTITY Increase/(Decrease)
NO. OF WORK PRICE DESCRIPTION QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT
I Traffic Control 75.000.00 LS 1 S 75,000.00 I S 75,000.00 0 $
2 Cold Mill Asphalt Concrete(2.5"
Minimum)for Pavement Repair Prior to
Slurry 24.20 SY 1,000 S 24.200.00 748 S 18,101.60 (252) S (6.098.40)
3 Asphalt Concrete for Paving Repairs
Prior to Slurry 187.00. Ton 140 S 26.180.00 114 S 21.318.00 1261 S (4,862.00)
4 Type II Polymer Modified Emulsion
RAP Slurry Seal(PME-RAP) S 389.45 ELT 920 S 358,294.00 1.192 S 464,224.40 272 S 105.930.40
5 Verify.Inventory,and Re-Install All
Roadway Traffic Signing and Striping,
Raised Pavement Markers(RPM's)and
Pavement Markings(Legends) $ 21.937.0(1 LS 1 S 21,937.00 1 S 21.937.00 0 $
6 Remove and Replace Water Valve
Concrete Collars perOWD-l0l $ 935.00 EA 10 S 9350.00 10 S 9,350.00 0 _ _ $ —-
Total Contract Items: 514.961.00 609,931.00 94,970.00
Contract Change Order
I Re-Crack Seal of Meadowbruok S 3,000.00 LS I S 3,000.00 I S 3,000.00 0 $ 3,000.00
Additional R&R of Striping on Malena
2 and Briarwood 5.374.60 LS I S 5.374.60 I S 5.374.60 0 $ 5.374.60
I I I I I $ 8,374.60 I j$8,374.60 I S 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 Date of Clty Council Approval for
Contract Change Orders: 618,305.60 Original Agrement Date: 6/14/2022 FCCO(If Applicable)
Change from Original Contract
Amount in Percentage: 20.1% Original Completion Date: 11/5/2022
2/14/2023
Revised Completion Date:
Change requested Approved:
Project Manager Divisio • ager
Approved: Approved:
City Engineer Pu ' or Director
Approved as to form: 1 V L km Approved:
City Attorney City, pager(If Ap cable)
The compensation(time and cost)set forth in this Change Order constitute he 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 die
time and/or cost tinder the Change Order constitutes the total equitable adjustment owedthe 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 fir equitable adjustment of any type.fur 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.
tD epsa ted3o:l/2023
Contractor: American Asphalt South, Inc
y:Of Ikifti Title: President
DB34C1093A9245B
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.