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13-1217_CHARLES KING COMPANY, INC._First Amendment Construction ContractFIRST AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT THIS FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT between the CITY OF SAN JUAN CAPISTRANO ("City") and Ki g Company Inc., ("Contractor") is made and entered into, to be effective the JITI day of , 2013, as follows: RECITALS WHEREAS, the City and Contractor have entered into that Construction Contract dated January 4, 2013 for Construction Services for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project (the "Agreement"), and WHEREAS, the City and Contractor 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 the amend Sections 1 and 3.1 of the Agreement as follows: Section 1, Scope will be amended to include the Construction work related to the relocation of a 12 -inch line owned by the Capistrano Mutual Acres Water Company; per Contractor's letter dated December 9, 2013,(Exhibit 1). Section 3.1, Compensation Amount, will be amended to add $285,300. Section 20, Counterparts and Facsimile signatures. (Added.) This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. 0 other provisions of the Agreement not amended hereunder shall remain in full force and effect. ''I ATTE T: l By. .: Clerk APPROVED AS TO FORM: By: City Attorney 540028.1 -1- CITY OF SAN JUAN 1��PFRANQe By: Mayor CONTRA By: FIRST AMENDMENT TO CONSTRUCTION CONTRACT 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT THIS FIRST AMENDMENT TO THE CONSTRUCTION CONTRACT between the CITY OF SAN JUAN CAPISTRANO ("City") and King Company Inc., ("Contractor") is made and entered into, to be effective the day of , 2013, as follows: RECITALS WHEREAS, the City and Contractor have entered into that Construction Contract dated January 4, 2013 for Construction Services for the 1-5 and Ortega Highway Interchange Pipeline Relocation Project (the "Agreement"); and WHEREAS, the City and Contractor 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 the amend Sections 1 and 3.1 of the Agreement as follows: Section 1, Scope will be amended to include the Construction work related to the relocation of a 12 -inch line owned by the Capistrano Mutual Acres Water Company; per Contractor's letter dated December 9, 2013. Section 3.1, Compensation Amount, will be amended to add $285,300. Section 20, Counterparts and Facsimile signatures. (Added.) This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTEST: M City Clerk N 6 A HAT -1- SIDD28,1 CITY OF SAN JUAN CAPISTRANO CONTRA By: Charles Ding Company, Inc. 2841 Gardena Ave., Signal Hill, CA 90755 Telephone (562) 426-2974 Fax (562) 426-9714 Contractors License # 738236 December 9, 2013 City of San Juan Capistrano 2400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Eric Bauman Project: Caltrans 12 -In Relocation Dear Eric, Our good faith estimate for the above referenced project is $285,300.00. If you have any questions or require additional information, please do not hesitate to call me — 619-247-8951. Sincerely, SC4-f - K Scott King Project Manager SK/dsh Copy to: Bids Exhibit 1