UST Testing Services Initial Contract Amount w/Contingency: $1,356,509.00 Contract #6675 Contract Amendment #1: $179,481.00
Vendor #16152 Total Contract: $1,535,990.00
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Formatted: Font: (Default) Times New Roman, 8 pt
FIRST AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND
UST TESTING SERVICES
This First Amendment to the Construction Agreement (the “First Amendment”) is entered into as of June 18, 2024, by and between the City of Richmond, a municipal corporation and charter city (“City”) and UST Testing Services., a California corporation (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated July 11, 2023 (the “Agreement”) to furnish construction of Rheem Creek Flood Risk Reduction 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 $179,481.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $1,535,990.00 as set forth on Attachment 1 attached and incorporated hereto (the “First 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 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 for as described in change orders 1,2, 3, and 4, and additional anticipated work to the Project as set forth in Attachment 1.
Section 3. Miscellaneous.
(a) Except as amended by this First Amendment, the Construction Agreement 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 UST Testing Services Initial Contract Amount w/Contingency: $1,356,509.00 Contract #6675 Contract Amendment #1: $179,481.00
Vendor #16152 Total Contract: $1,535,990.00
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Formatted: Font: (Default) Times New Roman, 8 pt
so and has the power to bind the party for whom they are signing.
(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: Eduardo Martinez
ATTEST: Its: Mayor
City Clerk CONTRACTOR:
UST Testing Services, Inc., a Corporation
By:
_________________________________
Name:
_______________________________
Its: