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AGR-6857.2 - PCN3 INC - SECOND AMENDMENT FIRE STATION NO. 2 APPARATUS BAYs7.. SECOND AMENDMENT TO CONTRACT Fire Station No. 2 Apparatus Bay(Bid No. 189-42; SP-3951)] THIS SECOND + MENT TO CONTRACT(the"Second Amendment")is made and entered into as of o 3 , 2020 by and between the CITY OF ORANGE, a municipal corporation ("City"), and PCN3, INC., a California corporation ("Contractor"), with reference to the following. A. City and Contractor entered into a Contract (Agreement No. 6857) dated as of October 8, 2019,which is incorporated herein by this reference(the"Original Contract"); and B. City and Contractor amended the Original Contract to revise the Scope of Work and increase the compensation by that certain First Amendment to Contract (Agreement No. 6857.1) dated as of February 18, 2020, which is incorporated herein by this reference (the "First Amendment"); and C. City and Contractor desire to further amend the Original Contract to modify,amend and supplement certain portions of the Original Contract to revise the Scope of Work, extend the term of contract and increase the compensation. NOW, THEREFORE,the parties hereby agree as follows: Section l. 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 refer.ences in this Second Amendment are deemed and construed to refer to the Original Contract as implemented by this Second Amendment. Section 3. Revised Scope of Work. The Contractor's Proposal as referenced in Article l.a(7) 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 terminate on November 12, 2020. 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 ONE HUNDRED THREE THOUSAND THREE HUNDRED EIGHTY-TWO DOLLARS and 88/100 103,382.88) and shall read as follows: Contractor agrees to receive and accept an amount not to exceed TWO MILLION ONE HUNDRED TEN THOUSAND EIGHT HUNDRED FIFTY- FOUR DOLLARS and 73/100($2,110,854.73)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." Section 6. Inte ration. This Second 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 Second Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Second Amendment shall control and govem the rights and obligations of the parties. Remainder ofpage intentionally left blank;signatures on next pageJ 2 IN WITNESS of this Contract, the parties enter into this Second Amendment on the year and day first above written. CONTRACTOR" CITY" PGN3, INC., a California corporation CITY OF ORANGE, a municipal corpor ion By: By. Printed Name: n f ,ci% Mark A. Muxphy, Mayor Title: c r c ATTEST: Printed Name:IG FI S10 Title: c/c Coi Pamela Coleman, City Clerk APPROVED AS TO FORM: . Mary Binn g Senior Ass stant City Attorne I 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 I this Contract. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Contract, must be provided to the City. 3 EXHIBIT "A" SUPPLEMENTAL SCOPE OF WORK Behind this page.] L City f Publfc VClorks Department CONTRACT CHANGE ORDER NO.2 PROdECT: Fire Statian No 2 Apparatus Bay PR07ECT NO: Bid No.189-02 SP-3951 CONTRACTOR: PCN3 Date: 9/25/1020 You aze hereby directed to make the herein described chauges from the plans and speci5carions or do the following described work not included in fhe plaas a¢d specificatioas o¢t6is conhact NOTE: This change order is uo[effective uatil approved by the City Description of work to be done,an estimate of qua¢tities,and prices to be paid Segregate behveen addidonal work at[he co¢trac[price,agreed price and force accounL Unless othelwise stated,rates for rental of equipment cover only such time as equipment is actually used wd no allowance will be made for idle time. ILe following work is added or deleted,as applicable,from the conttacl as a change order in accordance with the provisians of Section 3 of lhe contract speci5cations.The me[hod ofpayment shall be as described for each item of this change order.The following work is added or deleted,as appGcable,finm Ihe conCact as a change order ia accordaace with the provisions of Secdou 3 of ihe contcact speciScations.'Ihe method of payment shall be as descriUed for each item of Ihis change order. DESCRIPTION U1VIT UPIIT GC.O.I{2 C.C.O.#2 0. OF WORK PRICE DESCRIPTION UANTITY AMOUNT 1 Building permanent support to Transfer load from roof to wall gg g23.19 LS 1 58,823.19 below RFI20,25,28,30 2 Install New Regulator Per RF144 1,591.40 LS 1,59I.40 3 Adding uew door between dormitory and new hallway 5,949.16 LS 1 55,949.16 . 4 Install hvo laye:s of building paper overplywood per RFI92 53,445.46 LS 1 53,445.46 5 Iinstall roof insulation and new sheathing over enistiog 33,997.75 LS 1 33,997.75 Building 6 Install 7 Vents iu exercise room RFI 164 53,6ffi.61 LS 1 53,682.61 7 Iustall new angle beams RFI 129.1 54,732.57 LS 1 4,732.57 8 Reraute existing Frean line 53,228.28 LS 1 53,228.25 9 ElectricalLoadTesting E1,173.00 LS 1 51,173.00 10 Drywall and plywood repair in workroom T&M RFI 85 5295.66 LS I 295.66 1 I T&M Testing/Tacing existing elecvical panel RFi 16 5463.80 LS l 463.80 12 Contingency 536,000.00 LS 1 36,000.00 PROJECT TOTAL:5103,382.88 Original Contract Amoun[: 1,986,000.00 Original Contract Time: 226 New Contract 9mauot Including Date of Cfty Council Approval(If Contract Change Orders: 52,110,854.73 Original Agreement Date: 30/8/2019 AppGcable) Change Irum Origival Con[ract Amount in Perceatage:619% Original Compledan Date: 6/25l2020 10/132020 Revised Com le[ion Date: 10/I6/2020 Chan e re uested b. A roved: Project Manager Division Manager A roved: A roved: CityEugineer Public Works Directot A roved as to foem: A roved: City Atto City Manager(if Applicable) The compensation(time cost)set forth in this Change et constimtes the total compensation due to the Cantractor,all Subcontractors,aad all supplie[s,for the work or change de6ned in this Chaage Order,including a pacts on enyunchanged work y si ing tlris Cha¢ge Order,the Contractor admowledges and agrees,oa be6alf of himself,all Subcontractars,and ell suppliers,that the sdpulated compensatio includes payment for all work coutained in tlus Change Order,plus all paymen[for the intec[uptioa of sc6edules,extended overhead cos6,delays,and all impacts,ripple effects or cumvlative impacts o¢all other work uuder this Conhact The sig¢ing of this Cha¢ge Order shall indicate that Ihe Change Order co¢saNtes a full mutval accord and safisfaction for the change and that the time and/or cost under Ihe Change Order constitutes the total equitable adjusWeut owed the Conh'actor,all Subconhactors,md all suppliers,as a result of[he change.The Connactor,on behalf of himsel all Subcontractors,aud suppliers,agrees to waive all righLs,withou[excepdon or reservation of anykind whatsoever,to file any fuAher claim or request for equitable adjustmeat of any type,far any reasonabty foreseeable cause that shall azise out of or as a result of tlus Chauge Order or the impact af this CLange Order on the remainder of tt e work under this Coahac[. We,the undersigned Contractar,have given careful consideration[o Ihe change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,fumish all materials,except as may othenvise be noted above,andperfocm all services necessary for tlie work above specified,and will accept as full payment,including all overhead and bonds.Therefore the prices are shown above. J Acce tnnce Date:16 Z Z Z U Contractor. z'" N B. l On 6 T n: c t J If the Contractor dou not sig iCy acceptance of this order,his attention is directed to the requ'vements of the speci5caaons es to proceeding with tho order work and Sliug a written protest within tLe time therein speci5ed.