SECOND AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND GHILOTTI BROS, INC.
This Second Amendment to the Construction Agreement (the “Second Amendment”) is entered into as of , 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Ghilotti Bros., Inc., (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated March 3, 2021 (the “Agreement”) to furnish construction of the Yellow Brick Road Project, located at 7th Street from Ripley Avenue to Pennsylvania Avenue, 8th Street from Ohio Avenue to Lincoln Avenue, and Pennsylvania Avenue from 2nd Street to Harbour Way (the “Project”).
B. City and Contractor entered into that certain First Amendment to the Construction Agreement (the “First Amendment”) dated April 16, 2024, in order to increase the expenditures under the Agreement by an additional not-to-exceed sum of $134,439.32, for a total amended not-to exceed amount of $7,677,134.37 (the “First Amended Amount”).
C. The Parties now desire to enter into this Second Amendment in order to increase the expenditures under the Agreement by an additional not-to-exceed sum of $40,000.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,717,134.37 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 First Amended Amount by the Additional Expenditures to reflect a new total of authorized expenditures under the Construction Agreement, equal to the Second 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 due to unforeseen circumstances to the Project as set forth in Attachment 1.
Section 3. Miscellaneous.
(a) Except as amended by First Amendment and Second Amendment, the Construction Agreement has not been modified and is in full force and effect.
(b) Each of the individuals executing th is 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 Second 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 an
d charter city
City Attorney By: _______________________________
Name: Shasa Curl
ATTEST: Its: City Manager
City Clerk
CONTRACTOR:
Ghilotti Bros., Inc., a Corporation
By: _______________________________
Name:
Its:
ATTACHMENT 1