AGR-6241.5 - ALL AMERICAN ASPHALT INC - FIFTH AMENDMENT ASPHALT REPLACEMENT AT VARIOUS LOCATIONS4 R-a 41. ,.
FIFTH AMENDMENT TO
CONTRACT
Asphalt Replacement at Variaus Location (Bid No. 145-50)]
THIS FIFTH AMENDMENT TO CONTRACT (the "Fifth Amendment to Contract")
is made and entered into as of June 22nd ,2020("Effective Date")hy and between the CITY
OF ORANGE, a municipal corporation ("City"), and ALL AMERICAN ASPHALT, INC.
Contractor"),with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 6241) dated August
17,20<15,which is incorporated herein by this reference(the"Original Contract");and
B. On May 13, 2016, City and Contractor amended the Original Contract by a First
Amendment to Contract (Agreement No. 6241.1), which is incorporated herein by this reference
the"First Amendment"),to extend the term and set the compensation;and
C. On July 10,2017,City and Contractor amended the Original Cont act by a Second
Amendment to Contract(Agreement No. 6241.2), which is incorporated herein by this reference
the"Second Amendment"),to extend the term and set the compensation; and
D, On June 25, 2018, City and Contractor amended the Original Contract by a Third
Amendment to Gontract(Agreement No. 6241.3), which is incorporated herein by this reference
the"Third Amendment"),to extend the term and set the compensation; and
E. On July l, 2019, City and Contractor amended the Original Contract by a Fourth
Amendment to Contract(Agreement No. 6241.4), which is incorporated herein by this reference
the"Fourth Amendment"),to extend the term and set the compensation; and
F. City and Contractar desire to modify,amend and supplement certain portions of the
Original Contract to revise the scope of work 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
Fifth Amendment to Contract are deemed and construed to refer to the Original Contract, as
implemented by the First through Fourth Amendments. '
Section 3. Revised Scone of Services. The Contractor's Invoice coritained in
Attachment No. 1 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. Comnensation. Article III of the Original Contract is hereby amended to
increase the total not-to-exceed compensation for the services to be rendered by SIXTY-EIGHT
THOUSAND TWO HUNDRED TWENTY-FIVE DOLLARS and 95/100 DOLLARS
68,225.95) and Article III is hereby amended in its entirety to read as follows:
Contractor agrees to receive and accept the lump sum amount of SEVEN
HUNDRED FORTY-ONE THOUSAND TWO HUNDRED TWENTY-FIVE
DOLLARS and 95/00 DOLL.ARS ($741,225.95) as full compensation for
furnishing all materials and doing the Work contemplated and embraced in this
Contract; also for all loss or damage arising out of the nature of the Work
aforesaid, or from the acts of the elements, or from any unforeseen difficulties
or obstructions which may arise or be encountered in the prosecution of the
Work until its acceptance by the City, and all risks of every description
connected with the Work, also for all expenses incurred by or in consequence
of the suspension or discontinuance of the Work,and for the 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."
Section 5. Intesration. This Fifth Amendment to Contract 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 Fifth Amendment and the terms and provisions of the Original
Contract,the terms and provisions of this Fifth Amendment shall control and govern the rights and
obligations of the parties.
Remainder of page intentionally left blank; signatures on next page]
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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"
ALL AMERICAN ASPHALT, INC. CITY OF ORANGE, a municipal corporation
a California corporation
By;
Printed Name:Mark uer Mark A. urphy, Mayor
Title: President
g : TEST:Y
Printed Name: Michael Farkas
Title: Secretary
Pam Coleman, City Clerk
APP OVED AS TO FORM:
Gary A. S ea , City Att ey
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 TreasureY. If only one corporate officeY exists or one corporate
officer ho[ds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate reso[ution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in tiine to the execution of the Agreement, must be provided to the City.
3
Can1TR,qe:oQ INVoI ::
a y f R x,. 7 TCT t INVOIC:E
tii 1 t QF v Yf7suL 'rMi 7{}iJ Gb i,
F.iD. BC1X 444 r, 2894b3
ALL.ANI RICAN
AS P:I-{ALT'"page . of y
At+Ec SAL.C1PPos1T'UM7Y'EMriOVElt
i
P.. t3ox 222):GaaoNA.C:a.92 78-2229
i.'951-73Cr7CzC10 F 955-739-9'GTl
CONTf,4G'[ORS Lt Ef tSE 267023_A.C12 D1R:#pQU4(JiQSI DA7E;Y : ' l06 l11(O. FOR: ay Invaiciccg
QUANT TY O % AMOUN TO'DATE : CTt1ANT1TY
ITEM DESCAIP'LION T oA?E- ; •I uG1:t[ING TFiIS • THIS
OfVTRACT AMOUNT
P r Cor tract ;Pre=Flepor et. T rs. BIL ING " fb 81L'tINC3 N.IT PRfCE TH{S 81LLING
f t cx fs as t z+oo.o z 2a 9,.za zT2,.sz 2,; rr
wza s r cvrs a rH z;cro.rw oa ara aa ' za.so n
1 iR'sT ET CtCTS NITN 4 SP}L 2i0Qtty.U ifT/Z8 4488.49 ._b29,g 498.{S :. 1 1 ,8 -
2 { 1 k1 ? ASFHAlT Ai2'IERI{.'S'R 5.04 67.95 b7.95 Yb 987.4 t>': iA:O TN
K
t.
3 SLkiRRY AL 'iYPE 11 2axfl44.40 1S,i 1.d{3 1,iaLtf O 914(0.60 1`;
Y S'EAI. '1YFE II s}.Q4 8.61 SK
4 AYl!!5T /- i'[R W.V£ B lOB:QO 3i.04 31.(} 2,,4Qb.bf} ' 04-EA
4 ll Ft.ACE fdATER 1A UE FOX 300.00 408.0{? f_A
r
ti,
CI OF 7RA GE
G D5 RECEI ED
R'eceived r p cking slip No* Ye
Date 8
r.;
NO,`please indica on packing sli a a!goods ived
L i' r
yNatrie(Print) Signat re
4
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7
i I T ' GEiOSS B1LL D TO D"ATE; s• TNIS;BILIfNG TOTAL 8 723.68
LESS FiE7ENT10N TO dATE; QO ''
LESS:'RETENT[ON__.
Cotttract i o. 145-'50 r 2,937 b 2.45. ' 78,,5_bBAMtJUNI"DU.;
NET B(LLED TO DATE THIS:BILLING
f'NVOICE F
y1Y
l 4 1•,.: