HomeMy WebLinkAboutAGR-7348.1 - NEW DYNASTY CONSTRUCTION CO. - POLICE HQ LOBBY ROOF & HVAC REHABILITATION - BID NO. 21-22.13Docusign Envelope ID:039BEEF1-E96B-4973-8999-3B27A1F562F4
FOS i•r 7348.1
FIRST AMENDMENT
TO
CONTRACT
Police HQ Lobby Roof and HVAC Rehabilitation (Bid No. 21-22.13]
THIS FIRST AMENDMENT TO CONTRACT(the"First Amendment to Contract")is
made and entered into as of January 12„2f 2t, .`Effective Date")by and between the CITY
OF ORANGE, a municipal corporation ("City"), and NEW DYNASTY CONSTRUCTION CO.,
a California Corporation("Contractor"),with reference to the following.
A. City and Contractor entered into a Contract(Agreement No. AGR-7348) dated as
of March 8, 2022, which is incorporated herein by this reference(the"Original Contract"); and
B. City and Contractor desire to amend the Original Contract 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 SIX THOUSAND
FOUR-HUNDRED SEVENTY-ONE DOLLARS and 83/100($6,471.83)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
THREE MILLION FOUR HUNDRED EIGHTY-ONE THOUSAND SIX
HUNDRED NINETY-TWO DOLLARS and 83/100 ($3,481,692.83) 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:039BEEF1-E96B-4973-8999-3B27A1F562F4
c. The total amount of compensation under this Contract, including
contingencies, shall not exceed THREE MILLION EIGHT HUNDRED
TWENTY-NINE THOUSAND TWO HUNDRED FOURTEEN DOLLARS
and 93/100($3,829,214.93)."
Section 4. Authority of City Manager. Pursuant to Section 3.08.520/3.08.560 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.
Remainder of page intentionally left blank; signatures on next page]
Docusign Envelope ID:039BEEF1-E96B-4973-8999-3B27A1F562F4
IN WITNESS of this Contract,the parties enter into this Contract on the year and day first
above written.
CONTRACTOR" CITY"
NEW DYNASTY CONSTRUCTION CO., CITY OF ORANGE, a municipal corporation
a California corporation
initial
Signed by:
By:
UC
By:Gor2.A'De'2on., 0...
Printed Na e: Sherwin Chegini Jarad L. Hildenbrand, City Manager
Title: President
DS
hp ATTEST:
By: r- _.........__ DocuSlgned by:
Printed Na Michelle Traver C'"
Title: Secretary r Coo AAr:v C For
iFbEoC3,ODC34So...
Pamela Coleman,City Clerk
APPROVED AS TO FORM:
DocuSigned by:
I ) ii
CDC3070C0A73/0A..
Nathalie Adourian, 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.
4
Docusign Envelope ID:039BEEF1-E96B-4973-8999-3B27A1F562F4
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
S•S•. . . . : . . , ,.<._ . . . . . . . . . . r .. :. .:.. . .. I.::.:•:1.:,,.; .. z .N+' 64,. ;6. X,do4
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of Orange J}
On December 9th,2025 before me, R. L.Arce, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Sherwin Chegini and Michelle Traver
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)ware subscribed
to the within instrument and acknowledged to me that iaetsime(they executed the same in Igietbeatttheir
authorized capacity(ies), and that by * their signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
No Public. RL. Ca ifomla paragraph is true and correct.
1 ;= ' " Oranse County
r<„s,, Commission#2448396 tAIITMc my hand and official seal.
My Comm.Expires May 29,2027
Signature 4,4i ku.,
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: PLHR-Amendment#1 to Contract
Document Date:12/09/2025 Number of Pages: 3pgs.
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer—Title(s): 0 Corporate Officer—Title(s):
Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General
Individual Attorney in Fact 0 Individual 0 Attorney in Fact
Trustee Guardian or Conservator 0 Trustee 0 Guardian or Conservator
Other: 0 Other:
Signer is Representing: Signer is Representing:
2018 National Notary Association