Cities Index.
Att 2 - First Amendment to Construction Agreement.pdf

Richmond City Council
January 21, 2025

Document
Att 2 - First Amendment to Construction Agreement.pdf
Meeting
January 21, 2025
Body
Richmond City Council
Original file
373 KB
Text extracted from the city's file for reading and search. Open the original on pub-richmond.escribemeetings.com. That file is the official record.

W.R Forde Associates, Inc Initial Contract Amount w/Contingency: $804,541 Contract #4237 Contract Amendment #1 Contract Amount: $925,778 Vendor #

FIRST AMENDMENT TO CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND W.R.Forde Associates, INC.

This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of xx, 2025, by and between the City of Richmond, a municipal corporation and charter city (“City”) and W.R.Forde Associates, Inc., (“Contractor”), with reference to the following facts.

RECITALS
A. City and Contractor entered into that certain Construction Agreement dated July 1, 2018 (the “Agreement”) to furnish construction of 37th street Bicycle & Pedestrian Improvements Project (the “Project”).

B. The Parties now desire to enter into this First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $121,237 (the “Additional Expenditures”), for a total amended not-to exceed amount of $925,778 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).

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 First 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 First Amendment in order to add extra work due to unforeseen mudslide to the Project as set forth in Attachment 1.

Section 3. Miscellaneous.

(a) Except as amended by this First 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 First 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.

W.R Forde Associates, Inc Initial Contract Amount w/Contingency: $804,541 Contract #4237 Contract Amendment #1 Contract Amount: $925,778 Vendor #

(c) This First 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 First Amendment on or as of the date first above written.

IN WITNESS WHEREOF, City and Contractor have executed this First 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:

W.R Forde Associates, Inc., a California
corporation
By:

Name:

Its:

W.R Forde Associates, Inc Initial Contract Amount w/Contingency: $804,541 Contract #4237 Contract Amendment #1 Contract Amount: $925,778 Vendor #

ATTACHMENT 1

SCOPE OF

EXTRA WORK

City of Richmond CA

CHANGE ORDER Sheet 1 of 1
CEM-4900 (REV 06/2019) Change Requested by: Engineer Contractor

CCO NUMBER
001-6
SUPPL. NUMBER CONTRACT NO. PROJECT
37th street Bicycle & Pedestrian
improvements Project

FEDERAL NUMBER(S)
TO W.R.Forde Associates, Inc. Contractor

You are directed to make the following changes from the plans and specifications or do the following described work not inclu ded in the plans and specifications for this contract. NOTE: This change order is not effective until approved by the engineer.

Description of work to be done, estimate of quantities, and prices to be paid. (Segregate between additional work at contract price, agreed price, and force account). Unless otherwihdhdhhdse stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Item List.

The following Work shall be furnished and installed, unless otherwise noted:

 PCO 003:

Original Contract value w/ Contingency $804,541
Net Change Amount $121,237
Amended Contract Value $925,778
Contingency

By reason of this order the time of completion will be adjusted as follows: N/A

SUBMITTED BY

SIGNATURE (PRINT NAME & TITLE) DATE

CITY OF RICHMOND APPROVAL BY

SIGNATURE (PRINT NAME & TITLE) DATE
We, the undersigned contractor, have given careful consideration to the change proposed and agree to provide equipment, furni sh materials, and perform the work specified above, and will accept as full payment the prices shown above. NOTE: If you· do not sign this order, you are directed to proceed with the ordered work. You may file a Request for Information within the time specified.

CONTRACTOR ACCEPTANCE BY

SIGNATURE (PRINT NAME & TITLE) DATE

← All documents from this meeting