15-0804_CHARLES KING COMPANY, INC._Construction Agreement Second Amendment SECOND AMENDMENT TO
CONSTRUCT ION CONTRACT
1-5 AND ORTEGA HfGHWAY lNFTERCHANGE PIPELINE RELOCATION PROJECT
THIS SECOND AMENDMEIN-1 7 0 THE CONSTRUC-11-10N, CONTRAC"I ("Second
Amendr-nent") between the CITY OF SANS JUAN CAPIST RANO (`City.,) and s King
Cory-manv 4)c , (`Contractor'') Is made arra; entered intoz to be effeCtive the day of
int
oz
15, as follows:
RECITALS
WHEREAS, the City and Contractor have entered into that certain Construction
Contract dated January 4, 2013 for Construction Services (the "Agreement") for the 1-5 and
Ortega Hiphway Interchange Pipeline Relocation Project (the "Project"); and
WHEREAS, the City and Contractor previously amended the Agreement pursuant to
the FIRST AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY
INTERCHANGE PIPELINE RELOCATION PROJECT ("First Amendment"); and
WHEREAS, all references to the Agreement shall mean the Agreement as amended by
the First Amendment; and
WHEREAS, the City and Contractor desire to further amend the terms of the
Agreement as provided hereunder.
AMENDMFNT
NOW, THEREFORE, in. consideration of the promises and mutual covenants contained
therein, City and Consultant agree to amend the Agreement as follows:
1 Section 1, Scope, is amended to include the construction work related to construction
of a.. Water Pipeline Across the 1-5/Ortega Highway Bridge for the Mission Inn at San
Juan; per Contractor's proposal dated May 20, 2015, attached hereto and incorporated
herein by this reference as Exhibit "A".
2, Section 3.1, Compensation Amount, is amended to add $452,867.00 to the
Compensation Amount for F total Compensation Amount of$2,406,589.
3, Section 20, COUritefpWtS and 1--acsirnife SignOtUre,--., is hereby added to read in full as
f0lovys:
This Agreement may be eXeCUted by the Parties in counterparts, wh�c o
1 1`1 G Fp,
rt_s
shall he construed, together and have the same effect as if al the Parties had CXeCUted
the sarne instrument. Counterpart signatures may be transmitted by facsinniie, email, or
other electronic means and have; the same force and effect as if they were original
signatures
4. Section W lJme of Cornmen.cemr ent and Completion:, is here-by amendedto read in fell
as follows:
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6114/021110669788 2
ATTACHMENT 4
All work- related to this contract will be completed by December 20, 2015.
5, Contractor accepts the terms and conditions stated herein as fUli and final settlement of
any and 0 claims arising from this Second Amendment. The adjustments to the
Compensation Amount and the time for completion of the Project in this Second
Amendment constitutes the entire compensation and/or adjustment thereto due to
Contractor, including direct, indirect, consequential, and overhead (field and home
office) costs, arising out of or related to the change in the work on the Project covered
by this Second Amendment. By signing this Second Amendment, Contractor agrees to
accept the amount of the adjustment to the Compensation, mount, and the adjustment
of the time for completion of the Project, as payment in full and full mutual accord and
satisfaction for all costs, including direct, indirect, consequential, and overhead (field
and home office) costs, related to the change in the work on the Project covered by this
Second Amendment,
6. All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
CITY OF SAN JUAN CAPISTRANO
ATTEST: By,
By:
City Clerk
APPROVED AS TO FORM: CONTRACTOR
By- By:
City Attorney _C4haes4K=hqgCnrnpany, Inc.
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1 110k 0669788.2
,. 'S tc rt 5b, Time of Commencement and Completion,pletio is her M- erlded.to read rn t it
s f0fla s:
AH work releted, I-o s
, Comiraclor accepts the terms auid conditions stated het as-ful'i end fOw seftment of
any and afi cWms arising tern this Second. Au t. The adjustments, to, the
Compensation Amount and the time for �efion of the Project �n this Second
Amendment consthutes the entire compensation snag adjustment thereto due to,
Contractor, kludlng direct, �n& t, oonsequentlaG, and ov �ead (field and home
costs, 8risi,19 GIA of or related to the change in the work, on the Project covered
by this S c v� Amendment. By signing thi Second Amendment, Gong- for r �s tc
accept the r-Dunt of the adjustment to the o a th ou t, arm the adjustmew,
of the Urne for completion oft Project, SS Payment in fuH and fuHl Mutual a=td and
test un for 0 in0uding direct, ind'irect, c u nti [, andkt- r ( i
dd
and home office) ts; W tod to the change in,the wvr�or.the Project covered, yt fK
Second Amendment,
11 other, pwvisions of the A reiMit not amended here ndof sWt remain Cri t� tir fog ie
and effee,
U 'AN ,,DUAN C M 't' .N-o
By:
P
r }
PFk[ F j
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APPROVED AS TO FORM: CONTRACTOR
_ _
By _
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