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16-0517_NU-LINE TECHNOLOGIES LLC_Construction Agreement First Amd FIRST AMENDMENT TO CONSTRUCTION AGREEMENT ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 THIS FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and`Nu-Line Tec nologiies LLC ("Consultant') is made and entered into, to be effective the L0 day of 2016, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Construction Agreement dated June 2, 2015 for the 2015 Annual Sewer Rehabilitation Program, CIP 15701 (the "Agreement'); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 11 of the Agreement as follows: Section 11, Contract Price and Method of Payment, is amended to add $210,262.40 to the Compensation Amount for a not to exceed total amount of$1,391,729.50 All other provisions of the Agreement not amended hereunder shall remain in full force and effect. -1- 540028.1 6114T021 0011 0229925.1 SIGNATURE PAGE TO FIRST AMENDMENT TO CONSTRUCTION AGREEMENT ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701 CITY O,AAN JUAN CAPISTRANO BY� ATTEST. ) Pam Pa erson, Mayor B �A �V Y� Maria Morris ity er lk APPROVED AS TO FORM: NU-LINE TECHNOLOGIES LL By: By: Cit At orney D minic Burte- , Pr sident 1 -2- 540028 1 6114 7.0210012 4544295.1 .. ,,'�' ' ,�� `, ;� �,� (\ 1 _ � �� " i�,` ���` . . EXHIBIT "A" CHANGE ORDER FORM City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)493-1171 Contract Change Order#2 Project: Annual Sewer Rehabilitation Program Change Order No.: 2 Orig.Contract Amt.: $1,074,061 Days 120 Contract No.: 15701 Prev.Appvd.Changes: $42,972.53 Days 0 Contractor: Nu-Line Technologies LLC This Change: $274,695.97 Days 4 Owner: City of San Juan Capistrano Revised Contract Amt.: $1,391,729.50 Days 124 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of San Juan Capistrano, otherwise referred to as Owner. Increase/ Contract (Decrease) Time Item Description of Changes in Contract Extension, No. Amount Days Provide all labor and equipment necessary to bypass existing sewer 1 flows and remove Heavy Debris from the twenty one inch (21")diameter $70,635.36 0 trunk sewer line from manhole#107 to manhole#125 (COR#9 and COR#11) Provide all labor and equipment necessary to install an additional 144LF (one hundred and forty four linear feet) of eight inch diameter CIPP on $9,916.24 0 2 Admiralty Court per bid item#'s 6,7,21 and bid item#24. COR#13 3 Provide all labor and equipment necessary to install an additional 9 (Nine)service lateral connections at various locations per bid item#21. $13,500 0 COR#14 4 Provide all labor and equipment necessary to install 1 (One) Dual sweep cleanout due to unmarked utilities on a time and materials basis $8,850.69 0 (COR#17, 18 &19 5 Change Order No. 1 Item 8 has an incorrect total of$12,900 for the dig and replace work on Camino Capistrano per COR#6. The correct $622.50 0 amount for this work is$13,522.50 for a difference of$622.50 6 Provide all labor and equipment necessary for installation of an additional 85(Eighty Five) Linear Feet of 16 inch Diameter CIPP $13,175.00 0 7 Removal of obstructions at a total of Five Hundred Twenty Nine(529) inside the Twenty One Inch Trunk Sewer at the renegotiated price of $124,844.00 0 $225.00 No Markup on Unit price work per Contract G.C.'s 61147.021 0=0950242.3 1 EXHIBIT"A" Change Order Form 8 Provide additional labor and equipment for Sewer Bypassing the Twenty One Inch Trunk Sewer to allow for the work indicated in item 8 above,at $33,152.18 4 an agreed rate of$291.00 per hour,for a total of 108.5 hours plus 5% Contractor Mark Up. Totals $274,695.97 4 This Contract Change Order consists of 3 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano. Contract Change Order#2(No Attachments) Page 2 of 3 The amount of the contract as shown above will be increased by the sum of $274.695.97 and the contract time shall be extended by 4 working days. The undersigned Contractor approves the foregoing Change Order #2 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order #2. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract. Accepted: j / o, �/� (Signature) Dominic ..ch,President Date Recommended: flG� (Signa ) Steve Nyay, Public Wo s&Utilities Director Date Approved: / (Sig—n- ) am atterson,Mayor --�Date Item Justification for Change(s) \ No. 61147.02100\20950242.3 2 EXHIBIT"A" Change Order Form Excessive debris in trunk line segments. 9 Provide in situ repairs for failing sanitary sewer 2 3 Provide in situ repairs for failing service lateral connections 4 Unmarked underground utilities 5 Standby time due to delay in locating manhole#920 6 Provide in situ repairs for failing corrugated metal pipe storm drain 7 Provide removal of obstructions as indicated above 8 Sewer Bypass labor and materials to accommodate trunk line work above. This Contract Change Order consists of 3 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano. Contract Change Order#2 Page 3 of 3 61147.02100\20960242.3 3 EXHIBIT"A" Change Order Form