AGR-7570.1 - PAVEMENT COATINGS COMPANY - FIRST AMENDMENT ANNUAL SLURRY SEAL AT VARIOUS LOCATIONS FY 2023-24 - BID NO. 23-24.03DocuSign Envelope ID:073CECF5-00E1-47E1-AD25-B3BCC16D3D99
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AGR-7570.1, rr
FIRST AMENDMENT
TO
CONTRACT
Annual Slurry Seal at Various Locations,FY 23-24 (Bid No.23-24.03; SP-4259)]
THIS FIRST AMENDMENT TO CONTRACT(the"First Amendment to Contract")is
made and entered into as of March 26 2024 ("Effective Date") by and between the
CITY OF ORANGE, a municipal corporation ("City"), and PAVEMENT COATINGS CO., a/
California corporation ("Contractor"), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7570) dated as of
September 12,2023,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. Article 3 of the Original Contract is hereby amended to
increase the total not-to-exceed compensation for the services to be rendered by FIFTY-FIVE
THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS and 76/100 ($55,922.76) 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 SIX
HUNDRED SEVENTY-FOUR THOUSAND FOUR HUNDRED TWENTY-
TWO DOLLARS and 76/100 ($674,422.76)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."
DocuSign Envelope ID:073CECF5-00E1-47E1-AD25-B3BCC16D3D99
c. The total amount of compensation under this Contract, including
contingencies, shall not exceed SEVEN HUNDRED THIRTY-SIX
THOUSAND TWO HUNDRED SEVENTY-TWO DOLLARS and 76/100
736,272.76)."
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.
Remainder of page intentionally left blank; signatures on next page]
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DocuSign Envelope ID:073CECF5-00E1-47E1-AD25-B3BCC16D3D99
IN WITNESS of this Contract,the parties enter into this Contract on the year and day,first
above written.
CONTRACTOR" CITY"
PAVEMENT COATINGS CO., CITY OF ORANGE, a municipal corporation
a California corporation
DocuSigned by: DocuSigned by:
BY oo Fd
Cj L t r.C c'BAncO YR 07n88R777A704175D
Printed Name: James Wu Daniel R. Slater,Mayor
Title: Vice President
Do cuSigned by:
klAttAASL
B L,pn,7e7ncp ATTEST:YB
Printed Name: Torn Mucenski DocuSigned by:
Title: Secretary C R2RFIlCRgRFF47A
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
1-DocuSigned by:
kiLt, L/ Uoifa
ORDBO1F967RFAQR
Mike Vigliotta, City Attorney
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
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.
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