HomeMy WebLinkAboutAGR-7018.3 - ALL AMERICAN ASPHALT - ANNUAL ASPHALT REPLACEMENT BID NO. 190-54THIRD AMENDMENT
TO
CONTRACT
[Annual Asphalt Replacement at Various Locations (Bid No. 190-54)]
THIS THIRD AMENDMENT TO CONTRACT (the “Third Amendment to Contract”)
is made and entered into as of ________________, 2025 (“Effective Date”) by and between the
CITY OF ORANGE, a municipal corporation (“City”), and ALL AMERICAN ASPHALT, a
California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. 7018) dated as of
August 11, 2020, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor amended the Original Contract to extend the Term by a First
Amendment to Contract (Agreement No. 7018.1) dated September 13, 2023, which is incorporated
herein in by this reference (the “First Amendment”); and
C. City and Contractor amended the Original Contract to extend the Term by a Second
Amendment to Contract (Agreement No. 7018.2) dated July 26, 2024, which is incorporated herein
in by this reference (the “Second Amendment”); and
D. City and Contractor desire to amend 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
Third Amendment are deemed and construed to refer to the Original Contract, as implemented by
this Third Amendment.
Section 3. Revised Work Performed. The Contractor’s Proposal 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. Compensation. Article 3 of the Original Contract is hereby amended to
reflect an increase in the total not-to-exceed compensation for services by ONE HUNDRED
TWENTY THOUSAND DOLLARS and 00/100 ($120,000.00). Accordingly, Sections 3.a and
3.c are amended in their entirety to read as follows:
“a. The Contractor shall accept a sum not to exceed THREE MILLION FIVE HUNDRED
NINETY-FOUR THOUSAND SEVEN HUNDRED THIRTY-SEVEN DOLLARS and 00/100
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July 22
AGR-7018.3
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($3,594,737.00) as full compensation for providing all necessary materials and performing the
Work described in this Contract. This amount encompasses:
1. Any loss or damage resulting from the nature of the Work or environmental conditions
2. Unforeseen difficulties or obstacles encountered during the execution of the Work, up
to its acceptance by the City (except as otherwise provided herein)
3. All associated risks related to the Work
4. Costs stemming from any suspension or discontinuation of the Work
5. Completion of the Work in accordance with the Plans, Specifications, and directives of
the Authorized City Representative
Retention shall be withheld from progress payments in accordance with applicable law unless the
Contractor furnishes securities in lieu thereof.
c. The total compensation under this Contract, inclusive of contingencies, shall not exceed
THREE MILLION FIVE HUNDRED NINETY-FOUR THOUSAND SEVEN HUNDRED
THIRTY-SEVEN DOLLARS and 00/100 ($3,594,737.00).”
Section 5. Integration. This Third 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 Third Amendment and the terms and provisions of the Original Contract,
the terms and provisions of this Third Amendment shall control and govern the rights and
obligations of the parties.
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Docusign Envelope ID: 622DB6C8-0362-4F32-91F3-037DEEDF12B3
EXHIBIT ADocusign Envelope ID: 622DB6C8-0362-4F32-91F3-037DEEDF12B3
Docusign Envelope ID: 622DB6C8-0362-4F32-91F3-037DEEDF12B3