1 SECOND AMENDMENT TO
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF RICHMOND AND
SILVERADO CONTRACTORS
This Second Amendment to the Construction Agreement (the “Second Amendment”) is entered into as of ______________________, by and between the City of Richmond, a municipal corporation and charter city (“City”) and Silverado Contractors, a [CORPORATE ENTITY] (“Contractor”), with reference to the following facts.
RECITALS
A. City and Contractor entered into that certain Construction Agreement dated June 7, 2023, (the “Agreement”) to furnish Terminal Four Wharf Removal (the “Project”).
B. The Parties then engaged in the First Amendment in order to increase the expenditures under the Construction Agreement by an additional not-to-exceed sum of $2,067,900.00 (the “Additional Expenditures”), for a total amended not-to exceed amount of $7,365,826.00 as set forth on Attachment 1 attached and incorporated hereto (the “First Amended Amount”).
C. The Parties now wish to extend the Construction Agreement for time only. Changing the expiration date from June 30, 2024 to the new expiration date of June 30, 2025.
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 Time.
The Construction Agreement is hereby amended by this First Amendment in order to increase the expiration date of this Construction Agreement, from June 30, 2024, to June 30, 2025.
Section 2. Miscellaneous.
(a) Except as amended by this Second Amendment, the Construction Agreement 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 Docusign Envelope ID: CE17084D-454F-40E1-91F4-4ACC163631C8 June 20, 2024
2 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.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name:
Its: Mayor
CONTRACTOR:
________________, a [CORPORATE FORM]
By: _________________________________
Name:
Its:
Docusign Envelope ID: CE17084D-454F-40E1-91F4-4ACC163631C8 Joe Capriola
Silverado Contractors, Inc.
President
7/25/2024
Eduardo Martinez