HomeMy WebLinkAboutAGR-6973.1 - BRAVO ROOFING INC - FIRST AMENDMENT PARK FACILITY ROOF REPLACEMENTp,-1 q 3.
FIRST AMENDMENT
TO
CONTRACT
Park Facility Roof Replacement(Bid No. 190-17]
THIS FIRST AMENDIV ENT TO CONTRACT(the"First Amendment to Contract")is
made and entered into as of ct. ,2020 ("Effective Date")by and between the CITY
OF ORANGE, a municipal corporation ("City"), and BRAVO ROOFING, INC., a California
corporation("Contractor"),with reference to the following.
A. City and Contractor entered into a Contract(Agreement No.6973)dated as of April
14,2020,which is incorporated herein by this reference (the"Original Contract"); and
B. City and Contractor desire 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. Articles 3(a) and 3(c) of the Original Contract are hereby
amended to increase the total not-to-exceed compensation for the services to be rendered by FIVE
THOUSAND SEVEN HUNDRED DOLLARS and 20/100 ($5,700.20).
Article 3(a) is amended in its entirety to read as follows:
a. Contractor agrees to receive and accept an amount not to exceed TWO
HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED
SEVENTY-EIGHT DOLLARS and 20/100($223,878.20)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, other than as pro ided 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."
Article 3(c) is amended in its entirety to read as follows:
c. The total amount of compensation under this Contract, including
contingencies, shall not exceed TWO HUNDRED FORTY-FIVE
THOUSAND SIX HUNDRED NINETY-SIX DOLLARS and 00/100
245,696.00)."
Section 4. Authority of City Mana er. Pursuant to Section 3.08.560 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Contract to adjust the compensation as provided herein.
Section 5. 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"
BRAVO ROOFING, INC., a California CITY OF ORANGE, a municipal corporation
corporation
gy. /C U2G.r gy.
Printed Name:Rick aravo c tto, City Manager
Title: President
By: `' APPROVED AS TO FORM:
Printed Name: Rlck Bravo
Title: Secretary
Mary E. B ing
Senior Assistant City Attorne
NOTE:If CONTRACTOR is a corporation,the City requires the following signature(s):
1)the Chairman of the Board,the President or a VicePresident,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 offccer holds n:ore than
one corporate office,please so indicate. OR
The corporate offccer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in tirree
to the execution of the Agreement,must be provided to the City.
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