AGR-7392.1 - GENTRY GENERAL ENGINEERING INC - FIRST AMENDMENT CHAPMAN AVENUE AND YORBA STREET SIDEWALK REPAIR - BID NO. 21-22.38FIRST AMENDMENT
TO
CONTRACT
Chapman Ave.and Yorba St. Sidewalk Repair(Bid No.21-22.38]
THIS FIRST AMENDMENT TO CONTRACT (the "First Amendment") is made and
entered into as of SAugr l O , 2022, by and between the CITY OF ORANGE, a municipal
corporation("City"), and G NTRY GENERAL ENGINEERING, INC., a California corporation
Contractor"),with reference to the following.
A. City and Contractor entered into a Contract(Agreement No.AGR-7392)dated July
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 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. 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 TWENTY-
THREE THOUSAND SIX HUNDRED THIRTY-THREE DOLLARS and 49/100 ($23,633.49)
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 ONE
HUNDRED SIXTY-TWO THOUSAND FIVE HUNDRED FIFTY-EIGHT
DOLLARS and 49/100 ($162,558.49) 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 ONE HUNDRED SEVETY-SIX THOUSAND
FOUR HUNDRED FIFTY DOLLARS and 99/100 ($176,450.99)."
Section 4. 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.
IN WITNESS of this Contract,the parties enter into this Contract on the year and day first
above written.
CONTRACTOR" CITY"
GENTRY GENERAL ENGNGINEERING, CITY OF ORANGE,a municipal corporation
INC., a California Corporation
eS—By: 0
By: .› T.—ak
Printed Name: Brenton Gentry c a+nve.\ . S k r-, (\o.yo'r.
Title: President
ATTEST:
By:
Printed Name: Brenton Gentry
Title: Secretary
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
A t 1M
Mary E. inning
Senior Assistant City Att.
NOTE:If CONTRACTOR is a corporation,the City requires the following signature(s):
I)the Chairman ofthe 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.
2