AGR-7360.1 - R J NOBLE COMPANY - FIRST AMENDMENT ANNUAL PAVEMENT MAINTENANCE AT VARIOUS LOCATIONS FY 2021-22 - BID NO. 21-22.28AIR-7-(o-
FIRST AMENDMENT
TO
CONTRACT
Annual Pavement Maintenance at Various Locations,FY 2021-2022
Bid No.21-22.28; SP-4183)]
THIS FIRST AMENDMENT TO CONTRACT(the"First Amendment to Contract")is
made and entered into as of DECEMBER 1 2022 ("Effective Date")by and between the CITY
OF ORANGE, a municipal corporation ("City"), and R.J. NOBLE COMPANY, a California
corporation("Contractor"),with reference to the following.
A. City and Contractor entered into a Contract(Agreement No. 7360)dated April 12,
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. 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 Term of this Contract to grant an extension of time to complete the Work until
November 15,2022.
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 SIXTY-THREE
THOUSAND NINE HUNDRED EIGHTY DOLLARS and 00/100 ($63,980.00)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 TWO
MILLION SEVEN HUNDRED NINETY-SIX THOUSAND THREE
HUNDRED SIXTY DOLLARS and 00/100 ($2,796,360.00) 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 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 THREE MILLION SIXTY-NINE
THOUSAND FIVE HUNDRED NINETY-EIGHT DOLLARS and 00/100
3,069,598.00)."
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.
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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"
R.J.NOBLE COMPANY,a California CITY OF ORANGE,a municipal corporation
corporation
By:
By:
X
Printed Name•L% t STIN M. CARVER 2>oX 1 R, S,o .r, 1Ao'yerr
Title: PRESI T
By: X C i7r{1i,.azj--- ATTEST:
Printed Name: ST VENX. MENDOZA
Title: SECRET Y
Pamela Coleman,City Clerk
APPROVED AS TO FORM:
StAv A, ik_AieMaryE. B' ning
Senior As istant City Attor
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.
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