HomeMy WebLinkAbout2011 CON Green Mechanical - Amendment #1 Chiller Replacement4
FIRST AMENDMENT TO CONTRACT
BETWEEN THE CITY OF NATIONAL CITY
AND GREEN MECHANICAL CONTRACTORS
Co c�-i First Amendment to Contract is made and entered into this ILA day of
4, 2011, by and between the City of National City ("CITY") and Green Mechanical
- tors ("CONTRACTOR").
RECITALS
A. CONTRACTOR was the successful bidder on a CITY public works project referred to as
"National City Chiller Replacement, Specification No. 11-01 (the "Project").
B. CITY and CONTRACTOR have entered into a contract (the "Contract") dated July 19, 2011,
providing that in exchange for agreed upon payments by CITY, CONTRACTOR shall furnish
all labor and materials for the Project.
C. There are several documents which comprise the Project Documents for the Project, including
but not limited to the Standard Specifications for Public Works Construction, 2009 edition (the
"Standard Specifications"), and the Special Provisions, which supplement the Standard
Specifications.
D. Section 6 of the Special Provisions, titled "Prosecution, Progress, and Acceptance of Work,"
pertains to the commencement, progress, and completion of the work under the Contract.
Subsection 6-9 of Section 6 provides that in the event CONTRACTOR does not complete the
work in the allotted time, it shall be assessed liquidated damages of Five Thousand Dollars
($5,000) per day.
E. The aforementioned liquidated damages provision, potentially subjecting CONTRACTOR to
liquidated damages of Five Thousand Dollars ($5,000) per day for delays in completing the
work, has rendered it impracticable for CONTRACTOR to obtain a performance bond for the
Project, as required by Section 19 of the Instructions to Bidders portion of the Contract.
F. CONTRACTOR has requested that the Contract be amended to provide for liquidated damages
of One Thousand Dollars ($1,000) per day, and CITY has determined that One Thousand
Dollars ($1,000) per day for liquidated damages is a reasonable amount considering the cost of
the Project, and is willing, as an accommodation to CONTRACTOR, to amend the Contract as
requested by CONTRACTOR.
NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, CITY and
CONTRACTOR agree as follows:
That Section 6-9 of the Special Provisions is hereby amended to state as follows:
6-9 LIQUIDATED DAMAGES
Failure of the Contractor to complete the work within the time allowed will result in
damages being sustained by the City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. For each consecutive calendar day in
excess of the time specified for completion of the Work, as adjusted in accordance with
Subsection 6-6, the Contractor shall pay to the City, or have withheld from monies due it,
the sum of One Thousand Dollars ($1,000).
Execution of the Contract shall constitute agreement by the City and the Contractor that
One Thousand Dollars ($1,000) per day is the minimum value of the costs and actual
damages caused by the failure of the Contractor to complete the Work within the allotted
time, that such sum is liquidated damages and shall not be construed as a penalty, and that
such sum may be deducted from payments due the Contractor if such delay occurs.
With the foregoing exceptions, each and every provision of the Contract entered into on July 19,
2011 by and between the City of National City and Green Mechanical Contractors shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to Contract as of
the day and year first written above.
CITY OF NATIONAL CITY GREEN MEC NICAL CONTRACTORS
(Corporation — sjnatu of two corporate officers required)
By:
n Morrison, Mayor
ATTEST:
By:
M chael Dall
City Clerk
OVED AS TO FORM:
G. Silv
City Attorney
By:
By:
(Signature
MOa TTor s
(Print)
CED
(Title
(Sign
(Print)
5)ate
(Title)
(A NOTARY ACKNOWLEDGEMENT OF
EXECUTION BY ALL PRINCIPALS OF
CONTRACTOR MUST BE ATTACHED)
2 City of National City/Green Mechanical Contractors
First Amendment to Contract
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
KELLY FITZWATER
Commission * 1879941
Notary Public - California
San Dibgo County
My Comm. Expires Feb 12, 2014
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/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 paragraph is
true and correct.
WITNESS my hanr, an. offici-I seal.
Signature
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
OF SIGNER
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Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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02007 National Notary Association• 9350 De Soto Ave.. P.O. Box 2402• Chatsworth, CA 91313-2402• www.NationalNotaryorg Item 45907 Reorder: Call Toll -Free 1-800-B76-61327
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of Californi
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On %} l I0 Itr before me,
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personally appeared
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1brere'rt Name and Title of the leer lgner(s)
KELLY FITZWATER
Commission # 1879941
Notary Public - California
Sarr Diego County
My Comm. Expires Feb 12 _2014
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/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 paragraph is
true and correct.
WITNESS my h.n. and 5 cial se
Signatur
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
O Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
e2007 National Notary Association • 9350 De Soto Ave., P.O
Signer's Name:
0 Individual
0 Corporate Officer — Title(s):
0 Partner —❑ Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
2402• Chatswortb, CA 91313-2402. www.NationalNotary.arg Item #5907 Reorder: Call Toll -Free 1-800-876-6827
INCoaraRATED
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
GREEN MECHANICAL CONTRACTORS
Amendment #1
Chiller Replacement Project
Judy Hernandez (Engineering) Forwarded
Copy of Amendment to Contractor