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AGR-6856.1 - AID BUILDERS INC - FIRST AMENDMENT PLAZA PARKING LOT IMPROVEMENTS CONTRACTi FIRST AMENDMENT TO CONTRACT SP-4099 Plaza Parking Lot Improvements (Bid No. 190-10)] THIS FIRST NDMENT TO CONTRACT (the "First Amendment") is made and entered into as of v r 1 , 2020, by and between the CITY OF ORANGE, a municipal corporation ("City"), and AID BUILDERS, INC., a California corporation ("Contractor"), with reference to the following: A. City and Contractor entered into a Contract Agreement(Agreement No. 6856)dated as of October 22, 2019, which is incorporated herein by this reference (the "Original Contract"); and B. City and Contractor desire to amend the Original Contract to modify and amend the . scope of services and increase the compensation of the Original Contract. 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, Work Performed, 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 3 of the Original Contract, Compensation, is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by ONE HUNDRED SEVEN THOUSAND SIX HUNDRED EIGHTY-N1NE AND 79/100 DOLLARS 107,689.79) and Article 3 is hereby amended in its entirety to read as follows: Contractor agrees to receive and accept an amount not to exceed FOUR HLJNDRED THIRTY-ONE THOUSAND TWO HUNDRED SEVENTEEN AND 79/100 DOLLARS ($431,217.79)as full 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; (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; (5) and 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. Inte ration. 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" AID BUILDE , C., alifornia corporation CITY OF ORANGE, a municipal corporation By; By; Printed Name• Mark A. Murphy, Mayor Title: c. c By: ATTEST: Printed Name: .S !i O +t' n Title: '.Cr G. v Pamela Coleman, City Clerk APPROVED AS TO FORM: 1/.l.J Mary E. Bi ing Senior Assistant City Attorney xNOTE: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 egists or one corporate officer holds more than one corporate office,please so indicate.OR The corporate of cer 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 EXHIBIT"A" REVISED WORK PERFORMED Behind this page.] City of range Publ'ic Works Department CONTRACT CHANGE ORDER NO.1 PROJECC: Plaza Parking Lot Impravements PROJECE NO: Bid No.190-10;SP-4099 CONTRACfOR: Aid Builders,Inc. Date: 2/19/2020 You are hereby directed to make the herein described changes from the plans and specificarions or do the following described vrork not included in the plens and specifications on ilus conhact. NOTE:This change order is not etl'eefive unfil approved by the City Council. Descriprion of work to be done,an estimate of quantities,and prices to be paid. Segregate behveen addirionel work at the contract price,agreed price and force acwwt.Unless othenvise 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 follovring work is added or deleted,as applicable,&om the conhact as a change order in acwrdance with the provisions of Secbon 3 of the contract specifications.The method of payment shall be 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 acwrdance with ihe provisions of Section 3 of the wntract specifications.The method of payment shall be as described for each item of this change order. DESCRIPTION IJNIT UNIT ORIGWAL ORICINAL FINAI. QUANTIT'Y Increase(Deerease) O. OF WORK PRICE DESCRIPTION QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT Construct concrete mesonry unit wall with wall cap,stucco finish,and footing gZ00.00 LF 336 $67,200.00 433 $86,600.00 97 19,400.00perplan(Staging area provided by Ciry per attached exhibit) Fusion Metalworks Trash Enclosure Z Crate 80 Rolloff/Compactor gate(W= $ 16,000.00 EA 3 48,000.00 4 64,000.00 1 16,000.00 l5'),install per Plan,or approved equal Fusion Metalworks Trash Enclosure 3 Crate 80 Trash bin gate(W=9'4"), $10,000.00 EA 3 30,000.00 4 40,000.00 1 0,000.00 install per Plan;or approved equal Construct concrete pad with welded 4 wire mesh and 6"reteining curb,per $15.00 SF 2,810 $42,150.00 3,910 $58,650.00 1,100 $16,500.00 Plan 5 Install6"concretebollard 1,000.00 EA 9 9,000.00 l4 $14,000.00 5 5,000.00 II Construct6"ACovernativesoil 125.00 TON 94 $11,750.00 124 $I5,500.00 30 3,750.00 13 1"Electrical conduit and impmvements g p0.00 LF 230 $23,000.00 400 $40,000.00 170 17,000.00perPlan 14 Relocate pazking bumper,per Plan 300.00 EA 7 2,100.00 I 1 3,300.00 4 1,200.00 l5 Si a eandshi in, erPlan 5,500.00 LS 0 0.00 1 5,500.00 1 5,500.00 16 D earmolition of existing facilities,per $pp0.00 LS 0 0.00 1 7,000.00 I 7,000.00 17 Unforeseen demolition work 6,33979 LS 0 0.00 1 6.339.79 1 6,339.79 PROJECC TOTAL: 5107,689.79 Original Contrac[Amount: 5323,528.00 Original Contrac[Time:75 calendar days New Contract Amaunt Including Dnte of City Council Approval(If Contract Change Orders: Sq3(,217.79 Originai Agrement Date: 10/22/2019 Applicable) Change Gom Original Contract 3 1o/a.o oAmauntinPercentage: 33.3% Original Completion Date: 3/23/2020 Time Extension r the CCO: 4/13/1020 Chan e re uested b: A roved: Project Manager D' siy M r A roved: C."' I" ' A roved: City Engineer ublic Works Director A roved as orm: A roved: Ciry Attomey Ciry Manager(If Applicable) The compensation(fime and wst)set forth in this Change Order cons[itutes the total compensation due to the Contracror,all Subconhactors,and all suppliers,for the vrork or change defined in this Change Order,including all impacts on any unchanged vrork.By si ning this Change Order,the Contractor acknowledges and agrees,on behalf of himself,alf Subwntractors,and all suppliecs,that the sbpulated wmpensation includes payment for all work conttined in Ihis Change Order,plus all payment for the intertuption of schedules,extended overhead costs,delays,and all impacts,ripple effects r cumWative impacts on all other work under this Contract.The si ning of this Change Order shell indicate that the Change Order constitutes a full mutual accord and satisfaction for the change end that Ihe time and/or wst under the Change Order constitutes the total equitable adjushnent owed the Contractor,all Subcontractors,and all suppliers,as a result of[he change.The Conhactor,on behalf of himself,all Subcontractors,and suppliers,agrees to waive all rights,without excepfion or reserva[ion of any kind whatsoever,ro file any further claim or request for equitable adjushnent of eny type,for any reasonably foreseeable cause that shall arise out of or as a result of this Change Order or the impuct of this Chenge Order on the remainder of the work under this Contrnct. 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.equipmeat,fumish all materials,except may othe`wise be noted above,and pedocm all services necessary for the work above specified,and will accept as full payment,including ell overhead and Iwnds:Therefore d e prices are shown above. r Acce tanceDate: OZ/L4/ZO Contracror: B :Ed Albadry, President Title: If the Contractor does not signify acceptance of this order,his attention is directed to the requirements of the specifications as ro proceeding with the order work and filing a written protest within the fim therein specified.