Loading...
AGR-7448.1 - TOWO ENTERPRISE INCDocuSign Envelope ID:D9935847-F63G-4FE3-9668-EECA4F008055 DS AGR-7448.1 FIRST AMENDMENT TO CONTRACT Annual Concrete Replacement at Various Locations, Phase I,FY 2022-23 (Bid No. 22-23.09)] THIS FIRST AMENDMENT TO CONTRACT (the "First Amendment") is made and entered into as of March 14 , 2023, by and between the CITY OF ORANGE, a municipal corporation ("City"), and TOWO ENTERPRISE INC, a California corporation ("Contractor"), with reference to the following. A. City and Contractor entered into a Contract(Agreement No. 7448)dated November 15, 2022, which is incorporated herein by this reference (the "Original Contract"); and B. City and Contractor desire to amend the Original Contract 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. Work Performed. The Contractor's Proposal as referenced in Article 1.a(5) 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. The time for completion of the Work as referenced in Article 2 of the Original Contract is hereby extended until June 6, 2023. 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 SEVENTY-SIX THOUSAND SIX HUNDRED SIXTY-FIVE DOLLARS and 00/100 ($76,665.00) 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 FOUR HUNDRED NINETY-NINE THOUSAND FIVE HUNDRED SIXTY-FIVE DOLLARS and 00.100 ($499,565.00) 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 DocuSign Envelope ID:D9935B47-F63C-4FE3-9668-EECA4F008058 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 FIVE HUNDRED SIXTY-THREE THOUSAND DOLLARS and 00/100 ($563,000.00)." 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] 2 DocuSign Envelope ID:D9935B47-F63C-4FE3-9668-EECA4F008058 IN WITNESS of this Contract,the parties enter into this Contract on the year and day first above written. CONTRACTOR"CITY" TOWO ENTERPRISES INC, CITY OF ORANGE, a municipal corporation a California corporation DocuSigned by: DocuSigned by: VGVA I C',,b '^ 5,A.ovt,t. , By: mn nnaa7A9OA17 By: A6261667D6Pi3d7o Daniel R. Slater, Mayor Printed Name: Jason Lee Title: Project Manager ATTEST: By: DocuSigned by: Printed Name: Title: Dr{2pEDrgagGF.t,3e Pamela Coleman, City Clerk APPROVED AS TO FORM: DocuSigned by: If6Rifaltue n7Rr1A9A7EA1A51 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. 3 DocuSign Envelope ID:D9935B47-F63C-4FE3=9668-EECA4F008058 EXHIBIT "A" REVISED SCOPE OF WORK Behind this page.] DocuSign Envelope ID:D9935B47-F63C-4FE3-9668-EECA4F008058 l.lt of range Public Works Department CONTRACT CHANGE ORDER NO.1 PROJECT: SP-4221 Annual Concrete Replacement at Various Locations Project FY 2022-23 PROJECT NO: Bid No.22-23.09 CONTRACTOR: Date of Bid Opening:10/6/22 Date: 2/28/2023 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. 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 C.C.O.#1 C.C.O.#1 NO. OF WORK PRICE DESCRIPTION QUANTITY AMOUNT Sawcut,Remove and Replace Existing Residential/Arterial 5.00 SF 4,003 60,045.00SidewalkPerCityStandardPlanNo.118&120 2 Sawcut&Remove Existing and Construct Residential/Arterial 68.00 LF 140 9,520.00ConcreteCurbandGutter,Type A per City Standard Plan No. 3 Remove Existing and Construct Residential Concrete Driveway 20.00 SF 355 7,100.00ApronPerCityStandardPlanNo.116 4 Residential and Arterial Sidewalk Grinding 30.00 SF 0 0.00 PROJECT TOTAL: 76,665.00 Original Contract Amount: 422,900.00 Original Contract Time:90 Orginal Contract plus 15% Date of City Council Approval(If 63,435.00 Original Agreement Date: 11/15/2022 Applicable) New Contract Amount Including Contract Change Orders: 76,665.00 Total Original Completion Date: 5/7/2023 Change from Original Contract Amount in Percentage: 33.0% 563,000.00 Revised Completion Date: 6/6/2023 Change requested by: Approved: Project Manager Division Manager Approved: Approved: City Engineer Public Works Director Approved as to form: Approved: 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. Acceptance Date:03/15/2023 contractor: Towo Enterprise Inc By: Jason Lee Title: Project Manager 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.