W.R. Forde Associates Initial Contract Amount w/Contingency: $1,783,969.00 Contract #5744 Contract Amendment #1: $1,872,707.99
Vendor #13547 Revised Contract Amendment #2 Contract Amount: $1,976,806.99 Revised Potential Contract with Contingency Amount: $2,050,806.99
SECOND AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND WR FORDE ASSOCIATES, INC.
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of December 20, 2022, by and between the City of Richmond, a municipal corporation and charter city (“City”) and WR Forde Associates, Inc., a Corporation (“Contractor”), with reference to the following facts.
This Second Amendment to the Construction Agreement (the “Second Amendment”) is entered into as of May __, 2024 by and between the City of Richmond, a municipal corporation and charter city (“City”) and WR Forde Associates, Inc., a Corporation (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated July 6, 2021 (the “Agreement”) to furnish construction of Cutting & Harbour Way South Bikeway (the “Project”).
B. The Parties now desire to enter into this Second Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $104,099.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $1,976,806.99; as set forth on Attachment 1 attached and incorporated hereto (the “Second Amended Amount”).
NOW THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows:
Section 1 Amendment to Payments.
The Construction Agreement is hereby amended by this Second Amendment in order to increase the Original Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the First Amended Amount.
Section 2. Amendment to Scope of Work.
The Construction Agreement is hereby amended by this Second Amendment in order to add extra work for pavement repair to the Project as set forth in Attachment 1.
W.R. Forde Associates Initial Contract Amount w/Contingency: $1,783,969.00 Contract #5744 Contract Amendment #1: $1,872,707.99
Vendor #13547 Revised Contract Amendment #2 Contract Amount: $1,976,806.99 Revised Potential Contract with Contingency Amount: $2,050,806.99
Section 3. Miscellaneous.
(a) Except as amended by this Second Amendment, the Construction Agreement and First Amendment has not been modified and is in full force and effect.
(b) Each of the individuals executing this Second Amendment on behalf of the Contractor and City individually represents and warrants that he or she has been authorized to do so and has the power to bind the party for whom they are signing.
(c) This Second Amendment may be signed in any number of counterparts with the same effect as it the signatures to each counterpart were upon a single instrument, and is intended to be binding when all parties have delivered their signatures to the other parties.
Signatures may be delivered by facsimile or electronic transmission. All counterparts shall be deemed an original of this First Amendment.
(d) WHEREFORE, the Parties have executed this Second Amendment on or as of the date first above written.
IN WITNESS WHEREOF, City and Contractor have executed this Second Amendment duly authorized representatives, all on the date first written above.
CITY:
Reviewed By:
CITY OF RICHMOND, a municipal
corporation and charter city
City Attorney By:
_________________________________
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk CONTRACTOR:
WR Forde Associates, Inc., a Corporation
By:
_________________________________
Name:
_______________________________
Its:
W.R. Forde Associates Initial Contract Amount w/Contingency: $1,783,969.00 Contract #5744 Contract Amendment #1: $1,872,707.99
Vendor #13547 Revised Contract Amendment #2 Contract Amount: $1,976,806.99 Revised Potential Contract with Contingency Amount: $2,050,806.99
ATTACHMENT 1
W. R. FORDE ASSOCIATES
984 Hensley Street
Richmond, CA 94801
Phone: (510) 215-9338 Fax: (510) 215-9867
PROPOSED CHANGE ORDER
TO: Miachel Vidra, Project Manager
Office: 925-787-4982
Email: [email protected]
FROM: W.R. Forde Associates
PROJECT NAME: Cutting Blvd. Bikeways Improvement Project DATE: 9/20/23
Slurry Seal Hoffman Blvd. per quote sent by Mark Peirce 9/13/23
Proposed Cost: $ 104,099 TIME: TBD Working Days
AGREED COST: $ AGREED TIME: Calendar Days
OWNER / AGENCY: Michael Vidra Date: __________________________
Signature:
CSWST2
Execution of this document constitutes a change to the Contract price and authorization to perform the work. 03/15/2024