AGR-7364.1 - RS CONSTRUCTION & DEVELOPMENT INCST
AG R-7364.1
FIRST AMENDMENT
TO
CONTRACT
Public Works and Community Development Front Counter
Remodel Project (Bid No. 21-22.22; SP-4097)]
THIS FIRST AMENDMENT TO CONTRACT (the "First Amendment") is made and
entered into as of November 4 ,
2022, by and between the CITY OF ORANGE, a municipal
corporation ("City"), and RS CONSTRUCTION & DEVELOPMENT INC, a California
corporation("Contractor"), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7364) dated May 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, reflect the
First Extension Term and increase 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. Time for Completion. Pursuant to Article 2 of the Original Contract, the
City hereby extends the time for completion of Work under this Contract to September 8, 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-SEVEN
THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($57,500.00) and Article 3 is hereby
amended in its entirety to read as follows:
Contractor agrees to receive and accept an amount not to exceed THREE
HUNDRED THREE THOUSAND FOUR HUNDRED DOLLARS AND
00/100 ($303,400.00) as the total amount of 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."
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"
RS CONSTRUCTION &DEVELOPMENT INC, CITY OF ORANGE, a municipal corporation
a California corporation
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Printed Name:K5e rna Mark A. Murphy, Mayor
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Pamela Coleman, City Clerk
APPROVED AS TO FORM:
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Mary E.Binning
Senior Assistant 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.
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